Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 22 - Livestock, Poultry, and Fish › Section 302 KAR 22:150 - Cervids

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 150.730-150.735, 246.030(4), 257.020, 257.030,
				257.080, 257.990, Chapter 321,  9 C.F.R. Part 55, 81.4, 161.1-161.4
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.720(1),
				246.295(1), and 257.550 require the Department of Agriculture, in cooperation
				with the Department of Fish and Wildlife Resources, to promulgate
				administrative regulations pertaining to health requirements, eradication of
				diseases, and identification of privately owned and farm-raised cervids
				maintained for the production of meat and other products. This administrative
				regulation establishes criteria and health requirements necessary to prevent
				the introduction of chronic wasting disease into Kentucky and develop a herd
				monitoring system, and establishes requirements for intrastate and interstate
				movement of farmed cervids.
Section 1.
			 Definitions.
(1) "Adjacent herd" means a herd
			 of cervids occupying premises that shares a border or boundary line with
			 premises occupied by a chronic wasting disease positive herd, including herd
			 separated by a road or stream.
(2)
			 "Animal identification number" or "AIN" means a numbering system for the
			 official identification of individual animals in the United States that
			 provides a nationally unique identification number for each animal. The AIN
			 consists of fifteen (15) digits, with the first three (3) being the country
			 code (either 840 for the United States at large or a unique code for any U.S.
			 territory that elects to use it in place of the 840 code).
(3) "APHIS" means the Animal and Plant Health
			 Inspection Service of the United States Department of Agriculture.
(4) "Approved laboratory" means the National
			 Veterinary Service Laboratory in Ames, Iowa, or any other laboratory approved
			 by the APHIS.
(5) "Certificate of
			 Veterinary Inspection" or "CVI" means an official document, on a form approved
			 by the chief animal health official of the state of origin or by USDA APHIS
			 Veterinary Services for verification of veterinary inspection that is issued by
			 a licensed and accredited veterinarian.
(6) "Certified" means the status achieved by
			 a herd that has met the standards of the Chronic Wasting Disease Herd
			 Certification Program continuously for at least five (5) years.
(7) "Certified Chronic Wasting Disease (CWD)
			 Herd" or "herd" means a group of cervids under common ownership or supervision
			 that has achieved "certified" status in the Kentucky Herd Certification
			 Program, the federal Chronic Wasting Disease Herd Certification Program, or a
			 state Chronic Wasting Disease Certification Program approved by APHIS or the
			 State Veterinarian.
(8) "Cervid"
			 means deer, elk, moose, caribou, reindeer, and related species and hybrids
			 thereof, including all members of the Cervidae family and hybrids
			 thereof.
(9) "Cervid Chronic
			 Wasting Disease Surveillance and Identification" or "CCWDSI" means the:
(a) Chronic Wasting Disease HCP;
			 and
(b) Chronic Wasting Disease
			 HMP.
(10) "Cervid Herd
			 Plan" means a written herd management agreement or premises management
			 agreement:
(a) Developed by OSV in
			 collaboration with the herd owner to address compliance issues within an HCP or
			 HMP herd; or
(b) That establishes
			 the steps needed to eradicate CWD from a CWD positive herd, to control the risk
			 of CWD in a CWD exposed or CWD-suspect herd, or to prevent introduction of CWD
			 into that herd or any other herd.
(11) "Chronic Wasting Disease" or "CWD" means
			 a transmissible spongiform encephalopathy of cervids.
(12) "Farmed cervid":
(a) Means cervid livestock that are enrolled
			 in a CCWDSI program and are maintained for propagation, selling, trade, or
			 barter or for taking by any harvest or slaughter method; and
(b) Does not mean any cervid that has not
			 originated from and been continuously maintained within a herd that is enrolled
			 in and complies with an HCP or HMP.
(13) "Exposed" means a cervid that is part of
			 a CWD positive herd, or that has been exposed to a CWD-positive cervid or
			 contaminated premises within the previous five (5) years.
(14) "Harvest" means to slaughter or take by
			 hunting farmed cervids for meat and other products.
(15) "Herd Certification Program" or "HCP"
			 means a program established by this administrative regulation to determine the
			 CWD status of farmed cervid herds.
(16) "Herd Monitoring Program" or "HMP" means
			 a program established by this administrative regulation to monitor farmed
			 cervids in harvesting facilities for CWD.
(17) "Identification" means a device or means
			 of identification approved for use under this administrative regulation by the
			 State Veterinarian.
(18)
			 "Interstate movement" means movement from another state into or out of
			 Kentucky.
(19) "Intrastate
			 movement" means movement solely within the boundaries of Kentucky.
(20) "Move" means to carry, enter, import,
			 ship, or transport; to aid, abet, cause, or induce carrying, entering,
			 importing, mailing, shipping, or transporting; to offer to carry, enter,
			 import, mail, ship, or transport; to receive in order to carry, enter, import,
			 mail, ship, or transport; or to allow any of these activities.
(21) "National Uniform Eartagging System" or
			 "NUES" means a numbering system for the official identification of individual
			 animals in the United States that provides a nationally unique identification
			 number for each animal that is USDA approved.
(22) "Office of State Veterinarian" or "OSV"
			 means that office within the Kentucky Department of Agriculture as established
			 in KRS 246.030(4).
(23) "Official
			 Chronic Wasting Disease test" or "CWD test" means any test for the diagnosis of
			 Chronic Wasting Disease approved by APHIS and conducted in a laboratory
			 approved by APHIS in accordance with  9 C.F.R. Part 55.
(24) "Official eartag" means an
			 identification tag approved by APHIS that bears an official identification
			 number for individual animals. Beginning March 11, 2014, all official eartags
			 manufactured bear an official eartag shield. Beginning March 11, 2015, all
			 official eartags applied to animals bear an official eartag shield. The design,
			 size, shape, color, and other characteristics of the official eartag depend on
			 the needs of the users, subject to the approval of the USDA Administrator. The
			 official eartag is tamper-resistant and has a high retention rate in the
			 animal.
(25) "Official
			 identification number" means a nationally unique number that is permanently
			 associated with a cervid and complies with:
(a) National Uniform Eartagging System
			 (NUES);
(b) Animal Identification
			 Number (AIN); or
(c) Any other
			 numbering system approved by the Administrator for the official identification
			 of animals, including a group identification number.
(26) "Owner" is defined by KRS 257.010(14).
(27) "Person" means
			 any individual, corporation, company, association, firm, partnership, society,
			 joint stock company, or other legal entity.
(28) "Physical inventory" means an inventory
			 that confirms individual identification of each cervid by hands on observation
			 to include physical or chemical restraint as needed.
(29) "Positive" means a cervid has had a
			 diagnosis of CWD confirmed by means of two (2) official CWD tests.
(30) "Premises identification number" or
			 "PIN" means a nationally unique number allocated to a premises by a state or
			 federal animal health official and:
(a) Is
			 used in conjunction with a producer's own livestock production numbering system
			 to provide a nationally unique and herd-unique identification number for an
			 animal; and
(b) Is the number
			 system permitted by the state of origin specifically as a CWD program
			 site.
(31) "Quarantine"
			 means an imposed restriction prohibiting movement of live or dead cervids, or
			 parts thereof, to any location without specific written approval of the State
			 Veterinarian.
(32) "Radio Frequency
			 Identification Device" or "RFID" means a device electronically encoded with a
			 unique identification and that complies with the applicable International
			 Standards Organization (ISO) standards and that bears the visual
			 number.
(33) "State" means any
			 state of the United States, the District of Columbia, Puerto Rico, the U.S.
			 Virgin Islands, or Guam.
(34)
			 "USDA" means the United States Department of Agriculture.
(35) "USDA-accredited veterinarian" means a
			 veterinarian accredited by the USDA as category II in accordance with the
			 provisions of  9 C.F.R. 161.1 to  161.4, and licensed to practice veterinary
			 medicine in their home state.
(36)
			 "Visual inventory" means an inventory done when distance observation of
			 identification of identification devices is possible.