Utah Code § 23A-11-502

Current through the 2024 Fourth Special Session
Section 23A-11-502 - Big game byproduct - Certificate of registration
(1)
(a) Except as provided in Subsection (1)(f), a person shall obtain a certificate of registration from the division to purchase, acquire, sell, barter, exchange, or trade big game byproduct for financial advantage.
(b) To obtain a certificate of registration authorizing the purchase, sale, barter, or trade of big game byproduct for financial advantage, the applicant shall:
(i) operate a licensed meat processing business in compliance with state and local government wild game processing laws; and
(ii)
(A) provide proof of engagement in the sale of big game byproduct before July 1, 2023, and have processed 500 big game animals in three out of the five consecutive calendar years preceding application; or
(B) have processed 800 big game animals in three out of the five consecutive calendar years preceding application.
(c) A person receiving a certificate of registration under this section shall:
(i) post signage in a conspicuous location of the person's business indicating the person's involvement in the program regulated by this section;
(ii) test incoming deer, elk, and moose carcasses from the following areas for chronic wasting disease:
(A) a state or province, other than Utah, where chronic wasting disease has been detected in big game; or
(B) a management unit within the state that the division has designated as endemic for chronic wasting disease;
(iii) subject to Subsection (1)(d), receive a negative test result for chronic wasting disease before selling, bartering, exchanging, or trading big game byproduct from tested carcasses to another person;
(iv) be subject to reasonable inspections of facilities that process or sell, barter, exchange, or trade big game byproduct and relevant records;
(v) record and upon request of the division, provide the following for a big game animal received:
(A) permit holder's name;
(B) permit holder's phone number;
(C) state or province for which the permit was issued;
(D) permit number;
(E) date animal was received by the processing facility;
(F) species associated with the permit;
(G) total weight of carcass, in pounds, upon arrival at the processing facility;
(H) weight of product, in pounds, returned to the hunter; and
(I) the date the certificate of registration holder submits a deer, elk, or moose carcass for testing for chronic wasting disease;
(vi) retain records detailed in Subsection (1)(c)(v) for two years;
(vii) report to the division the total number of pounds of big game byproduct sold, bartered, exchanged, or traded each fee year on or before the April 15 immediately following the last day of that fee year; and
(viii) at the time the certificate of registration holder submits the report under Subsection (1)(c)(vii), pay a big game byproduct fee in accordance with Section 23A-11-503.
(d) Notwithstanding Subsection (1)(c)(iii), a certificate of registration holder may sell, barter, exchange, or trade big game byproducts if the big game byproduct is:
(i) not required to be tested under this section; or
(ii) required to be tested under this section but a lab result is not provided to the certificate of registration holder within six months from the date the test sample was submitted.
(e)
(i) The certificate of registration holder is responsible for the costs associated with laboratory testing for chronic wasting disease of deer, elk, and moose carcasses from out-of-state hunters, except that the certificate of registration holder may pass the cost of testing to the out-of-state hunter that provides the big game byproduct.
(ii) The division is responsible for the costs associated with laboratory testing for chronic wasting disease for deer, elk, and moose carcasses from hunters within the state, with the costs being paid from the big game byproduct fee collected under this part.
(f) A person may purchase, acquire, sell, barter, exchange, or trade big game byproduct for financial advantage without a certificate of registration, provided the big game byproduct is:
(i) processed and individually packaged for the big game byproduct's intended end use when purchased, acquired, sold, bartered, exchanged, or traded; or
(ii) otherwise authorized for purchase, sale, offer or possessed for sale, barter, exchange, or trade by statute or administrative rule.
(2) Except as otherwise authorized in this title, rule, or proclamation, a person may not in violation of Section 23A-5-304, purchase, sell, barter, exchange, or trade any other species of lawfully taken protected wildlife or wildlife parts for financial advantage.
(3) A certificate of registration holder agrees to abide by applicable state and federal laws.
(4) For a carcass testing positive for chronic wasting disease under Subsection (1)(c) and that is surrendered to the division by the hunter, the person named on the certificate of registration under this section may donate unclaimed processed wildlife to the client that is reasonably equivalent in value to the product surrendered to the division.

Utah Code § 23A-11-502

Added by Chapter 52, 2024 General Session ,§ 5, eff. 5/1/2024.