reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 20 - Livestock Sanitation › Section 302 KAR 20:055 - Brucellosis vaccination, testing and branding requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 257, 257.020, 257.030, 257.040,
				257.060, 257.070, 257.115
NECESSITY, FUNCTION, AND CONFORMITY: To specify the
				requirements for vaccination against the disease brucellosis, and to define the
				requirements for testing or branding.
Section
			 1. Vaccination and Branding Protocol.
(1) Female animals which are vaccinated shall
			 be officially vaccinated between four (4) and ten (10) months of age with an
			 approved reduced dosage Brucella vaccine and identified by a vaccination tattoo
			 in the ear and an official vaccination ear tag, or, in the case of registered
			 cattle, by an identification tattoo.
(a)
			 Vaccination tattoo shall be placed in the right ear and shall legibly identify
			 the quarter of the year, shield and the calendar year of vaccination.
(b) Official vaccination ear tag shall be
			 placed in the right ear and shall identify the animal according to the state of
			 origin, official vaccinate status and individual identification
			 number.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 20 - Livestock Sanitation › Section 302 KAR 20:065 - Sale and exhibition of Kentucky origin animals in Kentucky

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 257, 9 C.F.R. Chapter 1
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				257.020(3) requires the
				board to prevent, control, and eradicate any communicable disease of animals.
				KRS
				257.030(2) authorizes the
				board to establish necessary quarantines and other measures to control the
				movement of animals into, through, or within Kentucky. This administrative
				regulation establishes health requirements for the sale, movement, and
				exhibition of Kentucky animals within Kentucky.
Section 1. General Requirements.
(1) All animals moving within Kentucky shall
			 be subject to the requirements as established in
			 302
			 KAR 20:020.
(2) All animals offered for sale shall be
			 accompanied by a Certificate of Veterinary Inspection (CVI), or other official
			 movement document except for exemptions listed under each species of this
			 administrative regulation or
			 302 KAR
			 20:040. Examples of an official movement document
			 shall include a way bill with a permit number or Federal Movement Form VS 9-3
			 or VS 1-27. A CVI for sale purposes shall:
(a) Be valid for thirty (30) days from the
			 date of issuance; and
(b) List a
			 valid destination and be void upon arrival at that destination unless a
			 Reconsignee Certificate for movement from the sale premises to a new
			 destination is executed and attached to the original CVI.
(3) All animals entering venues for
			 exhibition purposes where commingling of animals occurs shall be accompanied by
			 a CVI.
(a) A CVI for Kentucky origin animals
			 for purposes other than sale shall be valid as noted under each individual
			 species.
(b) A CVI written for
			 exhibition purposes shall be void upon change of ownership of the listed
			 animals.
(4) All
			 required tests shall be conducted by a state-federal approved laboratory as
			 defined by 9 C.F.R. Chapter 1.
(5)
			 An animal that originated from a quarantined area or quarantined herd shall not
			 be transported intrastate within Kentucky unless permitted by OSV on VS Form
			 1-27 or a CVI with a quarantine movement permit obtained from OSV and attached
			 to the CVI.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 20 - Livestock Sanitation › Section 302 KAR 20:250 - Avian influenza

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				257.070(2),
				9 C.F.R.
				71.10
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				257.070 requires that importation of animals
				into Kentucky complies with administrative regulations promulgated by the
				board. This administrative regulation establishes requirements for entry into
				Kentucky to prevent the introduction and spread of avian influenza virus into
				Kentucky domestic poultry.
Section 1.
			 Definitions.
(1) "AGID" means Agar Gel
			 Immunodiffusion.
(2) "Clean and
			 disinfected" means the item is free of organic matter and is disinfected with a
			 phenolic or chlorine-based disinfectant or other agent, approved in
			 9 CFR
			 71.10, that is viricid-al to avian influenza
			 virus.
(3) "Domestic poultry" means
			 chickens, turkeys, quail, pheasants, chukars, peafowl, guineas, ratites, and
			 waterfowl.
(4) "ELISA" means Enzyme
			 Linked Immunosorbent Assay.
(5)
			 "Flock affected with low pathogenic avian influenza" means the subtype H5 or H7
			 low pathogenic avian influenza virus has been diagnosed in that
			 flock.
(6) "Low pathogenic avian
			 influenza" means the detection of subtype H5 or H7 low pathogenic avian
			 influenza virus by serology, antigen detection, or virus isolation.
(7) "NPIP" means National Poultry Improvement
			 Plan.
(8) "Poultry products" means
			 hatching eggs, chicks, poults, table eggs, litter, and offal, except for
			 processed poultry meat for human consumption.
(9) "State affected with low pathogenic avian
			 influenza" means low pathogenic avian influenza virus has been diagnosed
			 anywhere within the state in chickens or turkeys raised intensively for
			 commercial purposes. A state shall be considered to remain affected with low
			 pathogenic avian influenza until the state has depopulated infected flocks and
			 had no new infection for at least ninety (90) days after
			 depopulation.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 21 - Livestock › Section 302 KAR 21:001 - Definitions for 302 KAR Chapter 21

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				246.420,
				256.010,
				257.160,
				257.196,
				525.130,
				7 U.S.C.
				2131-2159
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				257.196 requires the Board of Agriculture to
				promulgate administrative regulations establishing on-farm livestock and
				poultry care standards recommended to it by the Kentucky Livestock Care
				Standards Commission. This administrative regulation establishes the
				definitions for 302 KAR Chapter 21.
Section
			 1. Definitions.
(1) "Ambulatory
			 disabled" means being capable of walking, but with a physical impairment that
			 severely limits or threatens the ability to walk.
(2) "Distress" means a condition that occurs
			 when livestock or poultry are injured, sick, or in physical pain.
(3) "Euthanasia" means the act of putting an
			 animal to death by methods specified as acceptable for that species by the 2007
			 Report of the American Veterinary Medical Association (AVMA) Panel on
			 Euthanasia, incorporated by reference in
			 302 KAR
			 21:020.
(4) "Handling" means the moving or confining
			 of livestock or poultry for management practices, relocating, loading, or
			 unloading.
(5) "Housing" means
			 space used to shelter or confine livestock and poultry.
(6) "Management practices" means procedures
			 in livestock and poultry production to improve animal health, reproduction,
			 comfort, safety, productivity, and product acceptability.
(7) "Non-ambulatory disabled" means being
			 unable to rise from a recumbent position or being unable to walk.
(8) "Responsible party" means a person who is
			 the owner of the livestock or poultry or a person who has current
			 responsibility of custody of the livestock or poultry.
(9) "Soring" means:
(a)
1. An
			 irritating or blistering agent has been applied, internally or externally, by a
			 person to a limb of a horse;
2. A
			 burn, cut, or laceration has been inflicted by a person on a limb of a
			 horse;
3. A tack, nail, screw, or
			 chemical agent has been injected by a person into or used by a person on a limb
			 of a horse; or
4. Any other
			 substance or device has been used by a person on a limb of a horse or a person
			 has engaged in a practice involving a horse; and
(b)
1. As a
			 result of the application, infliction, injection, use, or practice, the horse
			 suffers, or can reasonably be expected to suffer, physical pain or distress,
			 inflammation, or lameness if walking, trotting, or otherwise moving;
			 and
2. Shall not include an
			 application, infliction, injection, use, or practice in connection with the
			 therapeutic treatment of a horse by or under the supervision of a person
			 licensed to practice veterinary medicine.
(10) "Veal" means a young bovine harvested at
			 or under 750 pounds, and fed for the purpose of veal meat production.
(11) "Veterinarian-client-patient
			 relationship" is defined by
			 KRS
			 321.185.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 21 - Livestock › Section 302 KAR 21:020 - General livestock and poultry provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				246.420,
				256.010,
				257.160,
				257.196,
				525.130,
				7 U.S.C.
				2131-2159
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				257.196 requires the Board of Agriculture to
				promulgate administrative regulations establishing on-farm livestock and
				poultry care standards recommended to it by the Kentucky Livestock Care
				Standards Commission. This administrative regulation establishes general
				livestock and poultry standards.
Section
			 1. Feed and Water.
(1) Livestock
			 and poultry shall receive feed and water so as to maintain a body condition
			 appropriate for age, use, stage of production, and weather condition.
(2) Feed and water may be withheld
			 for the following reasons:
(a) Specific
			 management practices;
(b) In an
			 emergency situation such as extreme weather condition or loss of utilities;
			 or
(c) Health care
			 purposes.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 21 - Livestock › Section 302 KAR 21:030 - Beef cattle, bison, and veal specific provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				257.196,
				525.130
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				257.196 requires the Board of Agriculture to
				promulgate administrative regulations establishing on-farm livestock and
				poultry care standards recommended to it by the Kentucky Livestock Care
				Standards Commission. This administrative regulation establishes additional
				livestock standards and specifically authorized practices for beef cattle,
				bison, and veal.
Section 1. The
			 provisions of
			 302 KAR
			 21:020 apply to on-farm livestock and poultry in
			 Kentucky, except as provided by this administrative regulation. This
			 administrative regulation adds additional standards and specifically authorized
			 practices to
			 302 KAR
			 21:020 for beef cattle, bison, and veal.
Section 2.
(1) Additional Standards.
(a) Veal calves shall be fed two (2) or more
			 times per day following a regular routine, if not provided unlimited access. On
			 all farms that house veal calves, there shall be access to hot water for the
			 purpose of sanitation and mixing milk-based liquid diet or milk
			 replacer.
(b) During calving, there
			 shall be sufficient space to enable cows to separate themselves from other
			 animals.
(c) If used, housing
			 systems shall allow animals to access feed and water.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 21 - Livestock › Section 302 KAR 21:040 - Dairy cattle specific provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: 257.196, 525.130
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				257.196 requires the Board of Agriculture to
				promulgate administrative regulations establishing on-farm livestock and
				poultry care standards recommended to it by the Kentucky Livestock Care
				Standards Commission. This administrative regulation establishes additional
				livestock standards and specifically authorized practices for dairy
				cattle.
Section 1. The provisions of
			 302 KAR
			 21:020 apply to on-farm livestock and poultry in
			 Kentucky, except as provided by this administrative regulation. This
			 administrative regulation adds additional standards and specifically authorized
			 practices to
			 302 KAR
			 21:020 for dairy cattle.
Section 2.
(1) Additional Standards.
(a) If used, facilities shall be free of
			 excessive manure.
(b) Calves shall
			 be fed milk or milk replacer until weaned.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 21 - Livestock › Section 302 KAR 21:050 - Equine specific provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				257.196,
				525.130
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				257.196 requires the Board of Agriculture to
				promulgate administrative regulations establishing on-farm livestock and
				poultry care standards recommended to it by the Kentucky Livestock Care
				Standards Commission. This administrative regulation establishes additional
				livestock standards and specifically authorized practices for equine.
Section 1. The provisions of
			 302 KAR
			 21:020 apply to on-farm livestock and poultry in
			 Kentucky, except as provided by this administrative regulation. This
			 administrative regulation adds additional standards and specifically authorized
			 practices to
			 302 KAR
			 21:020 for equine.
Section 2.
(1) Additional Standards.
(a) Drink. Water containers shall be cleaned
			 regularly and free of any hazard.
(b) Feed. Horses shall be provided a diet
			 sufficient to maintain a healthy weight and body condition. Geriatric or ill
			 horses may have less than an ideal body condition.
(c) Space.
1. Stalls in which horses are housed
			 untethered for more than four (4) hours shall be large enough to allow horses
			 to turn around completely, lie down comfortably, and stand completely erect.
			 Stalls shall have adequate ventilation and drainage and be kept free of
			 excessive waste.
2. If a horse is
			 tethered, it shall be done in a way and under supervision sufficient to
			 minimize the risk of injury.
3.
			 Pastures shall be routinely monitored for the presence of hazards.
4. Space shall be provided for exercise that
			 is sufficient to maintain a horse's health.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 21 - Livestock › Section 302 KAR 21:060 - Swine specific provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				257.196,
				525.130
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				257.196 requires the Board of Agriculture to
				promulgate administrative regulations establishing on-farm livestock and
				poultry care standards recommended to it by the Kentucky Livestock Care
				Standards Commission. This administrative regulation establishes additional
				livestock standards and specifically authorized practices for swine.
Section 1. The provisions of
			 302 KAR
			 21:020 apply to on-farm livestock and poultry in
			 Kentucky, except as provided by this administrative regulation. This
			 administrative regulation adds additional standards and specifically authorized
			 practices to
			 302 KAR
			 21:020 for swine.
Section 2.
(1) Additional Standards.
(a) If being transported, swine shall be able
			 to stand in their natural position without touching the top of the transport
			 conveyance.
(b) Body condition may
			 be evaluated using the Pork Quality Assurance Guidelines.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 21 - Livestock › Section 302 KAR 21:070 - Ovine, caprine, camelid and cervid specific provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				257.196,
				525.130
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				257.196 requires the Board of Agriculture to
				promulgate administrative regulations establishing on-farm livestock and
				poultry care standards recommended to it by the Kentucky Livestock Care
				Standards Commission. This administrative regulation establishes specifically
				authorized practices for small ruminants.
Section
			 1. The provisions of
			 302 KAR
			 21:020 apply to on-farm livestock and poultry in
			 Kentucky, except as provided by this administrative regulation. This
			 administrative regulation adds specifically authorized practices to
			 302 KAR
			 21:020 for small ruminants.
Section 2. Authorized Practices. The
			 following shall be authorized practices:
(1)
			 Ovine:
(a) Castration;
(b) Hoof trimming;
(c) Tail docking;
(d) Identification;
(e) Shearing;
(f) Artificial insemination; and
(g) Embryo transfer;
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 21 - Livestock › Section 302 KAR 21:080 - Poultry specific provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				257.196,
				525.130
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				257.196 requires the Board of Agriculture to
				promulgate administrative regulations establishing on-farm livestock and
				poultry care standards recommended to it by the Kentucky Livestock Care
				Standards Commission. This administrative regulation establishes additional
				standards and specifically authorized practices for poultry.
Section 1. The provisions of
			 302 KAR
			 21:020 apply to on-farm livestock and poultry in
			 Kentucky, except as provided by this administrative regulation. This
			 administrative regulation adds additional standards and specifically authorized
			 practices to
			 302 KAR
			 21:020 for poultry.
Section 2.
(1) Additional Standards.
(a) Stocking densities shall allow all
			 poultry to rest or perch at the same time in a single layer.
(b) Ambulatory disabled and non-ambulatory
			 disabled poultry that cannot reach feed or water shall be euthanized.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 22 - Livestock, Poultry, and Fish › Section 302 KAR 22:010 - Procedures for inspection, testing, identification, removal, and disposition of livestock, poultry, and fish

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				257.010,
				257.020,
				257.030,
				257.120
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				257.020(3) requires the
				Board of Agriculture to prevent, control, and eradicate any communicable
				disease of livestock, poultry, and fish.
				KRS
				257.030(4) authorizes the
				board to promulgate administrative regulations necessary to administer KRS
				Chapter 257. This administrative regulation establishes procedures for the
				Office of the State Veterinarian to access farms or other places for the
				purpose of testing, inspecting, or examining livestock, poultry, and fish for
				communicable disease.
Section 1. After
			 reasonable notice and upon suspicion of communicable disease that presents a
			 risk to livestock, poultry, fish, or public health, the State Veterinarian or
			 the State Veterinarian's representative may enter upon any farm, stockyard,
			 auction barn, or any other place or premises, market, or conveyance where
			 livestock, poultry, or fish are handled, for the purpose of inspecting,
			 examining, or testing the livestock, poultry, or fish for infectious or
			 communicable diseases. The State Veterinarian may brand, tag, or otherwise
			 identify the livestock, poultry, or fish found diseased or exposed to disease
			 and may order quarantine, and after reasonable notice and appraisal, removal or
			 disposition of the livestock, poultry, or fish found to be diseased.
Section 2. The State Veterinarian or an
			 authorized representative may enter any sale or exhibition premises for the
			 purpose of surveillance testing. Surveillance testing may be done at sale and
			 exhibition events for infectious or communicable diseases that present a risk
			 to animal health or to public health.
(1)
			 Testing may be done randomly.
(2)
			 The owner of the animals shall provide premises of origin information, either
			 by an identifier given by the State Veterinarian or a physical road address, on
			 the species being tested, as well as the physical and mailing address of the
			 owners and contact information.
(3)
			 The owner of the animals shall not be responsible for any testing fees for any
			 surveillance program, unless expressly a condition of the sale or
			 event.
(4) Test results shall be
			 provided to the owner, if requested at the time of the sample
			 collection.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 22 - Livestock, Poultry, and Fish › Section 302 KAR 22:020 - Restriction of transportation of livestock, poultry, and fish

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				257.020
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				257.030(2) authorizes the
				Board of Agriculture to establish necessary quarantines and other measures to
				control the movement of animals into, through, or within Kentucky.
				KRS
				257.030(4) authorizes the
				board to promulgate administrative regulations necessary to administer KRS
				Chapter 257. This administrative regulation establishes restrictions for the
				transportation of livestock, poultry, and fish through or within Kentucky to
				prevent and control the spread of communicable disease.
Section 1. Livestock, poultry, and fish known
			 or suspected to be infected with, or exposed to, a communicable or reportable
			 disease or exhibiting clinical symptoms of a communicable or reportable
			 disease, shall not be moved or transported through or within Kentucky without
			 authorization from the State Veterinarian.
STATUTORY AUTHORITY:
				  KRS
				  257.030
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 22 - Livestock, Poultry, and Fish › Section 302 KAR 22:030 - Livestock, poultry, and fish diseases to be reported

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				257.020,
				257.030,
				257.080
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				257.080 requires the Kentucky Department of
				Agriculture to promulgate administrative regulations listing all reportable
				diseases of livestock, poultry, and fish and set out the conditions under which
				the diseases shall be reported. This administrative regulation establishes a
				comprehensive list of reportable diseases and the conditions under which the
				diseases shall be reported.
Section 1.
			 Duty to Notify.
(1) Every veterinarian,
			 veterinary practice, and personnel; veterinary diagnostic laboratory and
			 personnel; laboratory providing livestock, poultry, or fish diagnostic services
			 for Kentucky; owner of livestock, poultry, or fish; persons associated with any
			 livestock, poultry, or fish; sales or event establishment and personnel;
			 transportation provider; slaughter facility and personnel; or any other person
			 or entity having knowledge of the existence of any reportable disease, as
			 established in Section (2) of this administrative regulation, shall immediately
			 report the disease or condition to the State Veterinarian.
(2) All laboratories providing diagnostic
			 services for Kentucky livestock, poultry, or fish shall give notification
			 pursuant to Section 3 of this administrative regulation.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 22 - Livestock, Poultry, and Fish › Section 302 KAR 22:040 - Carcass transport and composting

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 257.030,
				257.160,
				Chapter 263
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				257.160 authorizes the Board of Agriculture
				to promulgate administrative regulations to establish requirements for the
				disposition of livestock, fish, and poultry carcasses. This administrative
				regulation establishes requirements for carcass movement and other disposition
				details.
Section 1. Carcass
			 Transportation.
(1) In fulfilling the
			 requirements of
			 KRS
			 257.160, a carcass shall only be transported
			 if:
(a) The carcass is covered with a
			 tarpaulin or other heavy material so that no portion of the dead carcass can be
			 exposed; and
(b) The bottom and
			 sides of the truck or trailer used for transport are made of solid material
			 that will not allow for leaks.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 22 - Livestock, Poultry, and Fish › Section 302 KAR 22:070 - Restrictions on biological materials in Kentucky

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				257.020
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				257.030(4) authorizes the
				Board of Agriculture to promulgate administrative regulations to carry out the
				provisions of KRS Chapter 257. This administrative regulation establishes
				requirements to prevent and control the spread of communicable disease in
				livestock, poultry, and fish by restricting unauthorized use of biological
				materials in Kentucky.
Section 1. Live
			 pathogenetic bacteria, virus, or disease producing agents of animal origin
			 shall not be shipped, transported, or cause to be imported into the
			 Commonwealth of Kentucky without prior written consent based on material type
			 of the Office of the State Veterinarian (OSV). Requests for consent by the OSV
			 shall be emailed or sent by U.S. mail to the Office of the State
			 Veterinarian.
Section 2. All
			 biological materials for immunization, treatment, or diagnostic purposes for
			 livestock, poultry, or fish in the Commonwealth shall be approved in advance of
			 use by the OSV or the United State Department of Agriculture upon written
			 notice being provided to the OSV.
Section
			 3. Any entity distributing BVD-PI diagnostic tests shall request
			 approval from the OSV, and shall maintain records for at least five (5) years
			 after the sale, and shall make these records available to the Office of the
			 State Veterinarian upon demand.
Section
			 4. Disease-producing organisms shall not be sold in or shipped to
			 the Commonwealth of Kentucky unless the buyer or recipient is a licensed
			 veterinarian, pharmacist, or entity authorized under Kentucky Revised Statutes
			 to receive, hold, and sell biologics.
STATUTORY AUTHORITY:
				  KRS
				  257.030
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 22 - Livestock, Poultry, and Fish › Section 302 KAR 22:080 - Feed restrictions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				257.020,
				257.990(1)(a)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				257.600 requires the Department of
				Agriculture to promulgate administrative regulations governing the feeding of
				untreated garbage to swine to prevent the transmission of disease.
				KRS
				257.020(3) requires the
				Board of Agriculture to prevent, control, and eradicate any communicable
				disease of livestock. This administrative regulation prohibits the feeding of
				treated or untreated garbage to swine to prevent the transmission of viral,
				bacterial, and parasitical diseases to people and animals.
Section 1. Definition. "Garbage" means:
(1) All animal and vegetable waste resulting
			 from the handling, preparation, consuming, and cooking of food;
(2) Unconsumed food in all public and private
			 establishments and residences; and
(3) The offal and carcasses of dead animals,
			 poultry, and fish or parts thereof.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 26 - Pesticides › Section 302 KAR 26:020 - Pesticide certification and licensing

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 217B, 40 C.F.R. 156, 170, 171,
				7
				U.S.C. 136
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				217B.050 requires the Department of
				Agriculture to promulgate administrative regulations to implement the
				provisions of KRS Chapter 217B.
				KRS
				217B.060 authorizes the department to
				establish classifications of pesticide licenses. This administrative regulation
				establishes a system of certification by examination for persons required to be
				licensed under KRS Chapter 217B.
Section
			 1. Applicability.
(1) A person
			 shall not be issued a commercial or noncommercial licensed to apply pesticides
			 unless he or she is:
(a) At least eighteen
			 (18) years of age; and
(b)
			 Certified by examination in a category consistent with the pesticide
			 application.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 26 - Pesticides › Section 302 KAR 26:030 - Pesticide recordkeeping

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 217B
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				217B.050 requires the Department of
				Agriculture to promulgate administrative regulations to implement the
				provisions of KRS Chapter 217B.
				KRS
				217B.105 requires the department to
				promulgate recordkeeping administrative regulations pertaining to KRS Chapter
				217B. This administrative regulation establishes requirements for
				pesticide-related recordkeeping.
Section
			 1. Recordkeeping for Restricted Use Pesticide Distribution.
(1) Applicability. The provisions of this
			 section shall apply to any person, including pesticide sales agents and
			 dealers, distributing restricted use pesticides for use in an
			 application.
(2) Any person who
			 distributes restricted use pesticides shall maintain the following records with
			 respect to the distribution of each restricted use pesticide:
(a) Purchaser's name and address;
(b) Date of the distribution;
(c) License number, license expiration date,
			 and license category of the person obtaining the restricted use
			 pesticide;
(d) Brand name, EPA
			 registration number, quantity, and type of restricted use pesticide
			 distributed;
(e) Emergency
			 exemption or state special local need registration number, if applicable;
			 and
(f) Name of target
			 pest.
(3) Retention.
(a) All persons required to maintain records
			 by 302 KAR Chapter 26 shall retain the records for a period of at least three
			 (3) years from the date of distribution.
(b) Maintenance of duplicate records shall
			 not be required.
(4)
			 Availability. All persons required to maintain records required under this
			 section shall make these records available to the department upon
			 request.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 26 - Pesticides › Section 302 KAR 26:040 - Storage and handling of pesticides

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 217B
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				217B.050 requires the Department of
				Agriculture to promulgate administrative regulations to implement the
				provisions of KRS Chapter 217B. This administrative regulation establishes
				requirements for the storage and handling of pesticides.
Section 1. Applicability. This administrative
			 regulation shall apply to pesticide sales agents, dealers, structural pest
			 management companies, licensed operators, licensed applicators or trainees who
			 store restricted use or general use pesticides.
Section 2. Storage and Handling of
			 Pesticides. Standards for storage of pesticides.
(1) Sites for the storage of pesticides shall
			 be of sufficient size to store all stocks in designated areas.
(2) Storage sites shall be cool, dry, and
			 airy or have a ventilation system installed to reduce concentrations of toxic
			 fumes and to regulate temperatures and moisture. If a ventilation system is
			 installed to reduce fumes, heat, or moisture, the ventilation exhaust shall not
			 connect with offices or other areas frequented by people.
(3) Storage sites shall be adequately lighted
			 so that labels and label information can be easily read.
(4) Floor sweep compound of adsorptive clay,
			 sand, sawdust, hydrated lime, or similar materials shall be kept on hand to
			 absorb spills or leaks. The contaminated material shall be disposed of per
			 label directions.
(5) Restricted
			 use pesticides shall be located in designated and segregated areas apart from
			 general use pesticides. These segregated areas may remain open if the entire
			 storage area is locked while authorized personnel cannot control access to the
			 area. Entrance to these segregated areas shall be plainly labeled on the
			 outside with signs containing the words "pesticide storage area" and "danger"
			 or "poison".
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 26 - Pesticides › Section 302 KAR 26:050 - Pesticide trainee registration and supervision requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 217B
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				217B.050 requires the Department of
				Agriculture to promulgate administrative regulations to implement the
				provisions of KRS Chapter 217B.
				KRS
				217B.187 and
				217B.560
				require the department to promulgate administrative regulations pertaining to
				registration and supervision of trainees under KRS Chapter 217B. This
				administrative regulation establishes pesticide-related requirements trainee
				registration and supervision.
Section
			 1. Applicability. This administrative regulation applies to any
			 dealer, structural pest management company, licensed commercial operator, or
			 licensed commercial applicator who allows or relies on a trainee to use a
			 restricted use or general use pesticide under direct supervision.
Section 2. Non-commercial Supervision of
			 Trainees Prohibited. Trainees shall not use pesticides under supervision of a
			 non-commercial license holder.
Section
			 3. Registration of Structural Pest Management Company Trainees.
(1) A structural pest management company
			 shall not employ a trainee to apply pesticides without registering the trainee
			 with the department. A person shall not act as a trainee without being
			 registered.
(2) Each application to
			 register a trainee under this section shall be accompanied by a twenty-five
			 (25) dollar trainee registration fee.
(3) Trainee registration issued pursuant to
			 this section shall be valid for ninety (90) days and shall not be reissued or
			 renewed.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 26 - Pesticides › Section 302 KAR 26:060 - Identification of pesticide service vehicles

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 217B
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				217B.050 requires the Department of
				Agriculture to promulgate administrative regulations to implement the
				provisions of KRS Chapter 217B. This administrative regulation establishes
				requirements for the identification of pesticide-related service
				vehicles.
Section 1. Applicability.
			 This administrative regulation shall apply to pesticide sales agents, dealers,
			 structural pest management companies, licensed operators, licensed applicators,
			 or trainees who use service vehicles in the application of
			 pesticides.
Section 2.
			 Identification of Service Vehicles. Each vehicle actively engaged in service
			 work in support of the application of pesticides shall be marked for easy
			 identification with the company name registered with the department or an
			 easily identifiable logo primarily used by the company for identification.
(1) Identification of vehicles may be
			 permanent or removable.
(2)
			 Removable signs shall accompany the vehicle and be visible at all times for
			 purpose of identification.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 26 - Pesticides › Section 302 KAR 26:070 - Non-certified pesticide applicator training and supervision

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 217B
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				217B.050 requires the Department of
				Agriculture to promulgate administrative regulations to implement the
				provisions of KRS Chapter 217B, and to carry out the purpose and intent of KRS
				Chapter 217B, the administrative regulations may relate to the time, place,
				manner, and method of storage and application of pesticides and fertilizers.
				This administrative regulation establishes supervision, training, and
				recordkeeping requirements for pesticide private applicators using
				non-certified applicators to apply pesticides.
Section 1. Definition. "Non-certified
			 applicator" means a person who has not been certified by training or
			 examination and uses pesticides under the direct supervision of a private
			 applicator.
Section 2.
			 Applicability. This administrative regulation shall apply to any private
			 applicator who allows or relies on a non-certified applicator to use a general
			 use pesticide under direct supervision. "Non-certified applicator" means any
			 person who has not been certified by training or examination and uses
			 pesticides under the direct supervision of a private applicator.
Section 3. General Requirements.
(1) Requirements for the supervising private
			 applicator.
(a) The supervising private
			 applicator shall have a practical knowledge of applicable requirements
			 contained in this administrative regulation and any requirements on the product
			 label and labeling, regarding the use of general use pesticides by
			 non-certified applicators.
(b) The
			 supervising private applicator shall be licensed in each category as
			 established in 302 KAR 26:020 applicable to the supervised pesticide
			 use.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 26 - Pesticides › Section 302 KAR 26:080 - Lawn, turf, ornamental and interior plantscape pesticide-related notice posting

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 217B
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				217B.050 requires the Department of
				Agriculture to promulgate administrative regulations to implement the
				provisions of KRS Chapter 217B. This administrative regulation establishes
				turf, ornamental, and interior plantscape pesticide-related posting
				requirements.
Section 1.
(1) Any operator or applicator who engages in
			 lawn care by making applications to lawns shall:
(a) Provide a customer at the time of
			 entering into a contract, with written information concerning pesticides or
			 pesticide impregnated fertilizers, application procedures, and other general
			 guidelines about making safe applications; and
(b) Immediately following an application to a
			 lawn, place a lawn marker at a prominent location in the lawn.
1. The lawn marker shall consist of, at a
			 minimum, a 4 in. x 5 in. white sign attached to the upper portion of a dowel or
			 other supporting device of not less than twelve (12) inches in
			 length.
2. Lettering on the lawn
			 marker shall be in a contrasting color and shall read on one (1) side "LAWN
			 CARE APPLICATION - PLEASE STAY OFF GRASS UNTIL DRY" in letters easily readable
			 and not less than three-eighths (3/8) inches in height. The lawn marker may
			 also display a symbol depicting the required message and the name, logo, and
			 service mark of the applicator.
3.
			 The lawn marker may be removed and discarded by the property owner, resident,
			 or other person authorized by the property owner or resident, the day following
			 an application.
4. For applications
			 to residential properties of three (3) families or less, the applicator shall
			 place one (1) lawn marker per property.
5. For applications to properties other than
			 residential property of three (3) families or less, the applicator shall place
			 lawn markers at primary points of entry to the property to provide notice that
			 an application has been made to the lawn.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 26 - Pesticides › Section 302 KAR 26:090 - Wood destroying organism treatments and integrated pest management in schools

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				217B.190,
				217B.515,
				217B.520,
				217B.525,
				217B.545
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				217B.050 requires the Department of
				Agriculture to promulgate administrative regulations to implement the
				provisions of KRS Chapter 217B.
				KRS
				217B.515 requires that any person engaging in
				structural pest control be licensed. This administrative regulation establishes
				requirements applicable to the licensure and practice of commercial structural
				pest control and fumigation.
Section
			 1. Definitions.
(1) "Children are
			 present" means the designated time period between two (2) hours before the
			 start time and forty-five (45) minutes after the dismissal time of the
			 regularly scheduled school day as determined by the school authority under the
			 calendar established by the school board.
(2) "Graph" means a drawing of a structure
			 that:
(a) Identifies the type of
			 structure;
(b) Provides an outline
			 of the structure indicating approximate length and width;
(c) Records the location of any current
			 visible wood-destroying organism activity;
(d) Records the location of any current
			 visible damage caused by any wood-destroying organism; and
(e) Records the location of all treatment
			 methods applied, including all partial treatments applied to any selected areas
			 of the structure.
(3)
			 "Integrated pest management program" means a strategy of controlling pests,
			 general pests, and wood destroying organisms by combining biological, chemical,
			 cultural, mechanical, and physical control methods in a way that minimizes
			 economic, health, and environmental risks.
(4) "Notification" means information
			 distributed to persons who request a notice of a pesticide
			 application.
(5) "Outside areas"
			 means the property associated with commercial, industrial, or residential
			 structures where a commercial structural pest management license holder, under
			 KRS
			 217B.515, is authorized to control pests,
			 general pests, and wood destroying organisms by means other than chemicals used
			 for lawn care or agricultural pests.
(6) "Posted" means a sign measuring at least
			 8.5 in. x 11 in. displaying the words "Pesticide Treatment Area" and "Do Not
			 Enter" along with listing an identified time for re-entry after the pesticide
			 application is made.
(7) "Registry"
			 means a list, maintained by a school authority, of individuals that request
			 advance notification of pesticide application.
(8) "School" means an institution for
			 teaching children such as preschool, kindergarten, child day care centers,
			 primary, secondary, and similar schools.
(9) "School authority" means superintendent,
			 assistant superintendent, principal, assistant principal, headmaster, or a
			 designee.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 26 - Pesticides › Section 302 KAR 26:100 - Structural pest control settlement proceedings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 217B
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				217B.050 requires the Department of
				Agriculture to promulgate administrative regulations to implement the
				provisions of KRS Chapter 217B. This administrative regulation establishes
				procedures for the settlement of administrative complaints brought pursuant to
				KRS
				217B.545.
Section
			 1. Commencement of Settlement Proceedings. At any time after the
			 service of an administrative complaint upon a licensee and before hearing, the
			 responding licensee may seek a settlement of any pending allegation with the
			 department.
Section 2. Presentation
			 of Proposal to Board. If a settlement has not been reached, the licensee may
			 present the department's settlement offer to the Structural Pest Management
			 Advisory Board for a written recommendation for settlement. The written
			 recommendation for settlement shall be signed by the chairman and forwarded to
			 the department for consideration.
Section
			 3. Action by the Department. The department may settle the matter
			 taking the Board's written recommendation into consideration. If the department
			 chooses not to adopt the Board's recommendation for settlement and the licensee
			 rejects the department's offer for settlement, the matter shall continue to
			 proceed as a formal proceeding pursuant to KRS Chapter 13B.
STATUTORY AUTHORITY:
				  KRS
				  13B.070(3),
				  217B.050
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 26 - Pesticides › Section 302 KAR 26:150 - Pesticide-related penalties

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				217B.120,
				KRS
				217B.550,
				7
				U.S.C. 136 et seq., 40 C.F.R. 170
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				217B.050 requires the Department of
				Agriculture to promulgate administrative regulations to implement the
				provisions of KRS Chapter 217B.
				KRS
				217B.193 requires the Commissioner of the
				Department of Agriculture to promulgate an administrative regulation
				establishing a schedule of civil penalties for violations of KRS Chapter 217B,
				including those established in
				KRS
				217B.120 and
				217B.550.
				This administrative regulation establishes a system of regulatory fines
				pursuant to violations of KRS Chapter 217B established in
				KRS
				217B.120 and
				217B.550.
Section 1. Notice of Violation and Abatement
			 of Violation Pursuant to
			 KRS
			 217B.193.
(1) The Department of Agriculture shall, in
			 accordance with
			 KRS
			 217B.193(1), cause a notice
			 of violation to be issued to persons, license holders, or registration holders
			 found to be in violation of
			 KRS
			 217B.120,
			 217B.550,
			 302
			 KAR 31:040, or 40 C.F.R. 170.
(2) In addition to the information required
			 to be stated in the notice of violation pursuant to
			 KRS
			 217B.193, the department shall notify the
			 person, license holder, permit holder, registration holder, or certificate
			 holder that:
(a) Except for good cause shown,
			 an administrative fine in the amount established in Sections 2 and 6 of this
			 administrative regulation shall be assessed if the violation is not corrected
			 within the time stated in the notice of violation;
(b) He or she shall have thirty (30) days to
			 request a hearing on assessment of the fine pursuant to
			 KRS
			 217B.203 and
			 217B.990(2);
			 and
(c) The request for hearing
			 shall be mailed to the Kentucky Department of Agriculture, Director, Division
			 of Environmental Services, Frankfort, Kentucky 40601.
(3) The period for abatement of a violation
			 shall commence on the day the notice of violation is issued pursuant to
			 KRS
			 217B.193(1).
(4) The department may allow additional time
			 for abatement of a violation, not to exceed the maximum time established in
			 KRS
			 217B.193, if it is determined that the
			 violation cannot be corrected within the time period stated in the notice of
			 violation.
(5) The Enforcement
			 Response Policy shall act as the guide for implementation of enforcement
			 actions, mitigation, and penalty adjustments in all actions of this
			 section.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 28 - Ornamental Turf Lawn and Interior Plantscape Pest Control › Section 302 KAR 28:011

Current through Register Vol. 51, No. 1, July 1, 2024
The
				repealed version of this section
				49
				Ky.R. 495; eff. 11/3/2022 is not yet
				available.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 28 - Ornamental Turf Lawn and Interior Plantscape Pest Control › Section 302 KAR 28:060

Current through Register Vol. 51, No. 1, July 1, 2024
STATUTORY AUTHORITY:
				  KRS
				  217B.050,
				  217B.193,
				  217B.585,
				  217B.990