Section R12-4-426. Possession of Nonhuman Primates

A.      A person is prohibited from possessing a nonhuman primate, unless authorized under a special license or lawful exemption.

B.       A person shall not import a nonhuman primate into this state unless:

1.        A person lawfully possessing a nonhuman primate shall ensure the primate is tested and reported to be free of any zoonotic disease that poses a serious health risk as deter- mined by the Department. Zoonotic diseases that pose a serious health risk include, but are not limited to:

a.         Tuberculosis;

b.        Simian Herpes B virus;

c.         Simian Immunodeficiency Virus;

d.        Simian T Lymphotropic Virus; and

e.         Gastrointestinal pathogens such as, but not limited to, Shigella, Salmonella, E. coli, and Giardia.

2.        A qualified person, as determined by the Department, performs the test and provides the test results; and

3.        The tests required under subsection (B)(1) are:

a.         Conducted no more than 30 days before the person imports the nonhuman primate; and

b.        The person submits the results to the Department prior to importation.

C.      A person lawfully possessing the nonhuman primate shall con- tain the primate within the confines of the person's private property or licensed facility.

D.      A person possessing a nonhuman primate may only transport the primate by way of a secure cage, crate, or carrier. A person possessing a primate shall only transport the primate to the fol- lowing locations:

1.        To or from a licensed veterinarian;

2.        Into or out of the state for lawful purposes.

E.       A person lawfully possessing a nonhuman primate that bit, scratched, or otherwise exposed a human to pathogenic organ- isms, as determined by the Department, shall ensure the pri- mate is examined and laboratory tested for the presence of pathogens as follows:

1.        The Department shall prescribe examinations and labora- tory testing for the presence of pathogens.

2.        The person shall have the nonhuman primate examined by a state licensed veterinarian who shall perform any examinations or laboratory tests as directed by the Department.

a.         The licensed veterinarian shall provide the labora- tory results to the Department within 24 hours of receiving the results.

b.        The Department shall notify the exposed person and the Department of Health Services, Vector Borne and Zoonotic  Disease  Section within  10  days  of receiving notice of the test results.

3.        The person possessing the nonhuman primate shall pay all costs associated with the examination, laboratory test- ing, and maintenance of the primate.

F.       A person lawfully possessing a nonhuman primate shall ensure a primate that tests positive for a zoonotic disease that poses a serious health risk to humans, or is involved in more than one incident of biting, scratching, or otherwise exposing a human to pathogenic organisms, is maintained in captivity or disposed of as directed in writing by the Department.

G.      A zoo license holder or a person using nonhuman primates at a research facility, as defined under R12-4-401, possessing a pri- mate that bit, scratched, or otherwise exposed a human to pathogenic organisms shall quarantine and test the primate in accordance with procedures approved by the Department.

H.      A person lawfully possessing a nonhuman primate is subject to the requirements established under R12-4-428.

Historical Note

Adopted effective April 28, 1989 (Supp. 89-2). Rule

expired December 31, 1989; text rescinded (Supp. 93-2). New Section adopted by final rulemaking at 6 A.A.R.

211, effective December 14, 1999 (Supp. 99-4).

Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Section R12-4-426(C) cor- rected to include subsection (C)(1), under A.R.S. § 41- 1011 and A.A.C. R1-1-108, Office File No. M11-77, filed March 4, 2011 (Supp. 10-1). Amended by final rulemak-

ing at 21 A.A.R. 2813, effective December 5, 2015

(Supp. 15-4).