302 KAR 20:066. Chronic wasting disease surveillance in captive cervids.

DEPARTMENT OF AGRICULTURE

Office of State Veterinarian

Division of Animal Health

(As Amended at ARRS, December 14, 2010)

 

302 KAR 20:066. Chronic wasting disease surveillance in farmed cervids.

 

RELATES TO: KRS 150.720(2), 150.740, Chapter 246, 246.295(2), 257.550, 257.990, 9 C.F.R. Part 55 Chapter 251

STATUTORY AUTHORITY: KRS 150.720(1), 246.295(1), 257.030, 257.550, 257.552

NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.720(1) and 246.295(1) require the Department of Agriculture in cooperation with the KDFWR 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, develop a herd monitoring system, and to establish requirements for intrastate movement of cervids.

 

Section 1. Definitions. (1) "Adjacent herd" means a herd of cervids occupying premises that border a positive[an affected] herd, including herds separated by roads or streams; or a herd of cervids occupying premises that were previously occupied by a positive[an affected] herd within the past five (5) years[as determined by the designated epidemiologist].

(2) "Animal" means any farmed cervid.

(3) "Animal identification" means a device or means of animal identification approved for use under this administrative regulation[part] by the State veterinarian.

(4) "APHIS" means the Animal and Plant Health Inspection Service of the United States Department of Agriculture.

(5) "Approved laboratory" means the National Veterinary Service Laboratory, Ames, Iowa, or any other laboratory approved by the Administrator of the Animal and Plant Health Inspection Service of the U.S. Department of Agriculture.

(6) "Certified" means the status achieved by a herd that has met the standards of the CWD HCP continuously for at least five (5) years.

(7) "Certified CWD cervid herd" means a herd of cervids that has achieved "Certified" status in the Kentucky HCP, the federal Chronic Wasting Disease Herd Certification Program, or a state Chronic Wasting Disease Certification Program approved by APHIS or the Kentucky 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 CWD Surveillance and Identification" or "CCWDSI" means a Cervid Management Plan that includes two (2) programs: the CWD Herd Certification Program (HCP) and the CWD Herd Monitoring Program (HMP).

(10) "Chronic wasting disease" or "CWD" means a transmissible spongiform encephalopathy of cervids.

(11) ["Commingled" means animals are that have had direct contact with each other, that have had less than ten (10) feet of physical separation, or that have shared equipment, pasture, or water sources/watershed. Animals are considered commingled if they have had contact with a positive animal or contaminated premises within the last five (5) years.

(12)] "CWD exposed animal" means an animal that is part of a CWD-positive herd, or that has been exposed to a CWD-positive animal or contaminated premises within the previous five (5) years.

(12)[(13)] "CWD exposed herd" means a herd in which a CWD positive animal has resided within five (5) years prior to that animal's diagnosis as CWD positive, as determined by an APHIS or state representative.

(13)[(14)] "CWD Herd Certification Program" or "HCP" means a program established by this administrative regulation to determine the CWD status of farmed cervid herds.

(14)[(15)] "CWD Herd Monitoring Program" or "HMP" means a program established by this administrative regulation to monitor farmed cervids in harvesting facilities for CWD. [Herds enrolled in this program cannot achieve certified status.]

(15)[(16)] "CWD positive animal" means an animal that has had a diagnosis of CWD confirmed by means of two (2) official CWD tests.

(16)[(17)] "CWD positive herd" means a herd in which a CWD positive animal resided when it was diagnosed and which has not been released from quarantine.

(17)[(18)] "CWD source herd" means a herd that is identified through testing, tracebacks, or epidemiological evaluations to be the source of CWD-positive animals identified in other herds.

(18)[(19)] "CWD suspect animal" means an animal for which an APHIS or state representative has determined that unofficial CWD tests results, laboratory evidence, or clinical signs suggest a diagnosis of CWD, but for which official laboratory results are inconclusive or not yet conducted.

(19)[(20)] "CWD suspect herd" means a herd for which unofficial CWD test results, laboratory evidence or clinical signs suggest a diagnosis of CWD as determined by an APHIS employee or state representative, but for which official laboratory results have been inconclusive or not yet conducted.

(20)[(21)] "Farmed cervid" 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. Farmed cervid shall exclude any cervid that has not originated from and been continuously maintained within a herd that is enrolled in and complies with a CWD certified or monitored program.

(21)[(22)] "Harvest" means to take or kill farmed cervids for meat and other products.

(22)[(23)] "Herd" means a group of cervids that are:

(a) Under common ownership or supervision and are grouped on one (1) or more parts of any single premises (lot, farm, or ranch); or[.]

(b) [All animals] under common ownership or supervision on two (2) or more premises which are geographically separated but on which animals have been interchanged or had direct or indirect contact with one another.

(23)[(24)] "Herd plan" means a written herd agreement or premises management agreement:

(a) Developed by APHIS in collaboration with the herd owner, state representatives, and other affected parties; and

(b) Which[. A herd plan] sets out the steps to be taken 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.

(24)[(25)] "KDFWR" means the Kentucky KDFWR.

(25)[(26)] "Licensed and[,] accredited veterinarian" means a veterinarian:

(a) Approved by the Deputy Administrator of Veterinary Services, Animal and Plant Health Inspection Service, United States Department of Agriculture, and the State veterinarian, in accordance with 9 C.F.R. Part 161, to perform functions required by cooperative state-federal animal disease control and eradication programs; and

(b) Who[, that] is licensed to practice in the Commonwealth of Kentucky under KRS Chapter 321.

(26)[(27)] "Official animal identification" means a device or means of animal identification approved for use under 9 C.F.R. Part 55[this part] by APHIS and the state veterinarian to uniquely identify individual animals.

(27)[(28)] "Official CWD test" means any test for the diagnosis of CWD approved by APHIS and conducted in a laboratory approved by APHIS in accordance with 9 C.F.R. Part 55.

(28)[(29)] "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.

(29)[(30)] "State" means any state of the United States, the District of Columbia, Puerto Rico, the U. S. Virgin Islands, or Guam.

 

Section 2. CCWDSI Surveillance Programs. [(1)] All farmed cervid herds shall be enrolled in one (1) of the state CCWDSI programs, either the CWD Herd Certification Program (HCP) or the CWD Herd Monitoring Program (HMP) maintained by the Office of the State Veterinarian. The HCP and the HMP require annual renewal.

 

Section 3. HCP Requirements. Herds enrolled in this program shall meet the requirements provided in Sections 3 through 5 of this administrative regulation and the requirements in 9 C.F.R. Part 55, Subpart B.

(1) Animal identification requirement. (a) All animals twelve (12) months of age and older shall have at least two (2) forms of animal identification, one of which shall be an official animal identification and one (1) form that is a visual (flop tag) type of identification.

(b) All animals of any age shall have official animal identification before being moved from the premises for any purpose.

(2) The herd premises shall have a valid KDFWR permit and perimeter fencing that is approved by KDFWR pursuant to KRS 150.730 through 150.735.

(3) The herd veterinarian shall be notified within twenty-four (24) hours of observance of an animal with clinical signs suggestive of CWD.

(4) The owner shall report to the Office of State veterinarian all animals that escape or disappear, and all deaths (including animals killed by harvest or slaughter) of animals in the herd aged twelve (12) months or older.

(a) The reporting time frame shall be:

1. For animals that escape or disappear, a report shall be made within forty-eight (48) hours;

2. For animals taken by harvest or slaughter, a report shall be submitted by the last day of each calendar month; and

3. For animals that die from illness or unknown reason, a report shall be submitted within seven (7) days.

(b) The report shall include all animal identification numbers and the estimated time and date of the death, disappearance, escape, slaughter, or killing of the animal.

(c) Animals that die or are killed by harvest or slaughter shall have the required tissue specimens collected for CWD testing except as exempted by 9 C.F.R. Part 55.24.

(d) In accordance with 9 C.F.R. 55.23, an APHIS or state representative shall investigate herds that fail to comply with testing requirements and shall evaluate the herd's status.

(5) The owner shall maintain and provide to the State Veterinarian or APHIS representative upon request the following herd records:

(a) Complete inventory of animals including the official identification number and any other identification, and the age and sex of each animal;

(b) A record for each purchased or natural addition to the herd including:

1. The official identification number, species, age, and sex of the cervid;

2. The name and address of the person from whom the cervid was purchased;

3. The address of the herd from which the cervid was purchased;

4. A copy of the Certificate of Veterinary Inspection that accompanied the animal for intra- or interstate movement;

5. Date the purchased addition entered the herd; and

6. Approximate date of birth if a natural addition;

(c) A record of each cervid leaving the herd including:

1. If the cervid was shipped live other than to slaughter, the date of movement, the name of the person to whom it was shipped, the place to which it was shipped, and a copy of the Certificate of Veterinary Inspection related to the shipment;

2. If the cervid died on the premises, the date of death, the apparent cause of death, the cervid's age, sex, and state-federal official individual animal identification, date and laboratory submitted for CWD testing, if required, and the disposition of the cervid's carcass. If the carcass left the premises, the record shall identify the carcass destination and recipient;

3. If the cervid was shipped to slaughter, the date of movement, the cervid's age, sex, and state-federal official individual animal identification, and the name and address of the slaughter establishment;

4. If the cervid was killed by harvest, the date, the name and address of the hunter, and the disposition of the carcass; or

5. If the cervid escaped, the date of escape;

(d) A record of all individual animal tests conducted on cervids in the herd;

(e) Records received from the herd veterinarian related to veterinary services provided to the herd; and

(f) All individual identification numbers (from tags, tattoos, electronic implants, etc.) associated with each animal.

(6) Animal inventory. (a) To enroll a herd in the HCP, the owner shall conduct a physical inventory of all animals to establish the baseline herd inventory. The physical inventory shall be conducted by a representative of the office of the State Veterinarian and shall verify all animal identification and records.

(b) An annual herd inventory shall be conducted that reviews all records and includes observation of unrestrained animals in an enclosed area to reconcile all visible identification devices with available records.

(c) The state veterinarian or APHIS representative may request additional physical inventories to verify herd compliance with program standards.

(d) The owner shall be responsible for assembling, handling, and restraining the animals and for all costs incurred to present the animals for inspection.

(7) Maintenance of separate herds by the same owner shall comply with 9 C.F.R. Part 55.23.

(8) The herd enrollment date is the date which is the latter of:

(a) The physical inventory being completed in accordance with subsection (6)(a) of this section; and

(b) The application being approved by the state veterinarian.

(9) Surveillance procedures for the HCP. (a) HCP Certified Herds. Cervids twelve (12) months and older that die for any reason except slaughter or harvest shall be made available for tissue sampling and testing in accordance with instructions from the APHIS or state representative.

(b) Non-certified HCP Herds. Cervids twelve (12) months of age or older that die for any reason including slaughter or harvest shall be made available for tissue sampling and testing in accordance with instructions from the APHIS or state representative.

(c) All animals in an enrolled herd shall have official identification before reaching the age of twelve (12) months.

 

Section 4. HCP Permit. (1) A HCP permit shall be required to participate in the program. A HCP permit is valid for one (1) calendar year from the date of enrollment. The applicant shall submit the following:

(a) A permit application contained in the CCWDSI Herd Certification Program and Herd Monitoring Program application packet;

(b) A written statement by a Kentucky licensed and accredited veterinarian, certifying that the veterinarian and the herd owner have a valid veterinarian-client relationship; and

(c) A fee of $150.

(2) The department shall grant or deny a permit within thirty (30) days after the department receives the completed application package with the required fee.

(3) After the permit is issued, the participant shall enroll his herd into the HCP as follows:

(a) Conduct the physical inventory required by Section 3(6) of this administrative regulation; and

(b) Provide any records of the animals to the state veterinarian.

(4) Herd status levels. (a) When a herd is first enrolled in the HCP, it shall be placed in first-year status, except that if the herd is comprised solely of animals obtained from herds already enrolled in the HCP, the newly enrolled herd shall have the same status as the lowest status of any herd that provided animals for the herd.

(b) If a herd continues to meet the requirements of the HCP, the herd status shall be upgraded by one (1) year on the program enrollment date.

(c) One (1) year from the date a herd is placed in fifth-year status, the herd status shall be changed to "certified". The herd shall remain in "certified" status as long as it is enrolled in the program, if its status is not revoked or suspended in accordance with this administrative regulation or 9 C.F.R. Part 55.24.

(d) Herds currently enrolled in the CCDWSI program shall be aligned to the appropriate status level provided in 9 C.F.R. Part 55.24.

(e) A herd owner shall be issued a certificate of "Certified" status upon complying with the HCP Program, as defined in this administrative regulation.

(f) Renewal of a Certified Cervid Herd. A herd is certified for twelve (12) months. For continuous certification, adherence to the provisions in this administrative regulation and all other state laws and administrative regulations pertaining to holding cervids shall be required.

(g) A herd's certification status shall be immediately revoked and a herd investigation shall be initiated, if CWD positive or exposed animals are found in the herd.

(5) New animals shall only be introduced into the herd from other herds enrolled in the Kentucky HCP or a state Chronic Wasting Disease Certification Program approved by the Kentucky State Veterinarian or the Federal CWD Certification Program.

(a) If animals are introduced from a herd of lower status, the receiving herd status shall revert to the lower status.

(b) If animals are introduced from a herd not participating in a certification program, the receiving herd shall revert to first-year status in the certification program.

 

Section 5. Annual HCP permit renewal required. (1) To continue in the Program, persons shall:

(a) Submit a permit renewal application thirty (30) days prior to the expiration of the prior year's permit;

(b) Pay a $150 renewal fee; and

(c) Make all animals and records available to the state veterinarian.

(2) Facilities and herds that have met the requirements in Sections 3 through 5 of this administrative regulation shall receive a renewal permit.

 

Section 6. CWD Herd Monitoring Program (HMP) Requirements. Herds enrolled in the HMP surveillance program shall meet the requirements in Sections 6 through 8 of this administrative regulation. HMP herds shall not be eligible for "certified" status.

(1) All cervids entering a HMP facility shall originate from a CWD Certified Herd.

(2) A cervid shall not be permitted to leave the HMP facility alive.

(3) Animal identification requirement. (a) All animals greater than twelve (12) months of age shall be identified with an official animal identification and a visual (flop tag) type of animal identification.

(b) Permit holders failing to meet identification requirements shall be subject to compliance plans and penalties as provided in Section 14 of this administrative regulation.

(4) The herd premises shall have a valid KDFWR permit pursuant to KRS 150.730 through 150.735.

(5) The herd veterinarian shall be notified within twenty-four (24) hours of observance of an animal with clinical signs suggestive of CWD.

(6) The owner shall report to the office of state veterinarian all animals that escape or disappear, and all deaths (including animals killed by harvest) of animals in the herd aged twelve (12) months or older.

(a) The reporting time frame shall be:

1. For animals that escape or disappear, a report shall be made within forty-eight (48) hours;

2. For animals taken by harvest, a report shall be submitted by the last day of each calendar month; and

3. For animals that die from illness or unknown reason, a report shall be submitted within seven (7) days.

(b) The report shall include all animal identification numbers and the estimated time and date of the disappearance, escape, or killing of the animal.

(c) Animals twelve (12) months of age or older that die or are killed by harvest shall have the required tissue specimens collected for CWD testing and submitted to an approved laboratory.

(d) In accordance with 9 C.F.R. 55.23, an APHIS or representative of the state veterinarian shall investigate herds that fail to comply with testing requirements and shall evaluate the herd's status.

(7) The owner shall maintain and provide to the state veterinarian or APHIS representative upon request the following herd records:

(a) Census of animals including the official identification number and any other identification, and the age and sex of each animal;

(b) A record for each purchased or natural addition to the herd including:

1. The official identification number, species, age, and sex of the cervid;

2. The name and address of the person from whom the cervid was purchased;

3. The address of the herd from which the cervid was purchased;

4. A copy of the Certificate of Veterinary Inspection that accompanied the animal for intra- or interstate movement;

5. Date the purchased addition entered the herd; and

6. Approximate date of birth if a natural addition;

(c) A record of each cervid leaving the herd including:

1. If the cervid died on the premises, the date of death, the apparent cause of death, the cervid's age, sex, and state-federal official individual animal identification, date and laboratory submitted for CWD testing, if required, and the disposition of the cervid's carcass. If the carcass left the premises, the record shall identify the carcass destination and recipient; and

2. If the cervid was killed by harvest, the date, name, and address of the hunter, the disposition of the carcass, and CWD testing information;

(d) A record of all CWD individual animal tests conducted on cervids in the herd;

(e) Records received from the herd veterinarian related to veterinary services provided to the herd;

(f) If the animal escaped, the date of escape; and

(g) All individual identification numbers (from tags, tattoos, electronic implants, etc.) associated with each animal.

(8) All removals and deaths shall be reported monthly to the state veterinarian.

(9) All untagged animals that die or are killed shall be identified with an official identification device and shall be tested for CWD and shall be reported to the state veterinarian.

(10) Animal inventory. (a) To enroll a herd in the HMP, the owner shall conduct a physical inventory of all animals to establish the baseline herd inventory. The physical inventory shall be conducted with a representative of the State Veterinarian and shall verify all animal identification and records.

(b) An annual herd census shall be conducted by the owner and a representative of the office of the state veterinarian that reviews all records and includes observation of unrestrained animals in an enclosed area.

(c) The state veterinarian or APHIS representative may request additional physical inventories to verify herd compliance with program standards.

(11) Cervids twelve (12) months and older in the following categories that die shall be made available for tissue sampling and testing in accordance with instructions from the APHIS or state representative:

1. All cervids that are not officially identified;

2. All cervids that die for any reason other than harvest; and

3. The first ten (10) cervids that are harvested within a calendar year.

(12) The owner shall be responsible for assembling, handling, and restraining the animals and for all costs incurred to present the animals for inspection.

 

Section 7. HMP Permit. (1) A HMP permit shall be required to participate in the program. The applicant shall submit the following:

(a) A permit application contained in the CCWDSI Herd Certification Program and Herd Monitoring Program application packet;

(b) A written statement by a Kentucky licensed and accredited veterinarian, certifying that the veterinarian and the herd owner have a valid veterinarian-client relationship; and

(c) A fee of $150.

(2) The department shall grant or deny a permit within thirty (30) days after the department receives the completed application package with the required fee.

(3) After the permit is issued, the participant shall enroll his herd into the HMP as follows:

(a) Conduct the physical inventory required by Section 6(10) of this administrative regulation;

(b) Provide origin documentation on all animals in herd; and

(c) Provide identification numbers, sex, age, and species for all animals in herd.

 

Section 8. Annual HMP permit renewal required. (1) To continue in the HMP Program, persons shall:

(a) Submit a permit renewal application thirty (30) days prior to the expiration of the prior year's permit;

(b) Pay a $150 renewal fee; and

(c) Make all animals and records available to the State Veterinarian.

(2) Facilities that have met the requirements in Sections 6 through 8 of this administrative regulation shall receive a renewal permit.

 

Section 9. Intrastate Movement Requirements. (1) All intrastate movements of cervids, other than to a state- federal-inspected slaughter establishment, shall be accompanied by an intrastate movement Certificate of Veterinary Inspection signed by a licensed and accredited veterinarian in accordance with 302 KAR 20:065.

(2) The intrastate movement certificate shall include the following:

(a) Consignor's name, address, and state veterinarian issued farmed cervid permit number;

(b) Consignee's name, address, and state veterinarian issued farmed cervid permit number;

(c) Official individual animal identification for each animal; and

(d) The movement permit number to ship, which may be obtained by telephone, issued by the state veterinarian prior to movement.

 

Section 10. Requirements for Entry into Kentucky. (1) Only cervids from "Certified CWD Herds" shall enter Kentucky.

(2) All cervids on the CVI shall meet the requirements in 302 KAR 20:040, Section 13.

(3) The following statements shall be included on the CVI:

(a) "All cervids identified on this certificate originate from a Certified herd meeting requirements for certified CWD herd status as determined by the Kentucky State veterinarian."; and

(b) "No cases of CWD in cervids have been diagnosed within a twenty-five (25) mile radius of the consignor premises in the last five (5) years.".

 

Section 11. Surveillance Testing Procedures. (1) Official CWD tests and approved labs to conduct official CWD testing shall be in accordance with 9 C.F.R. Part 55.

(2) A diagnosis of CWD by an approved laboratory shall be confirmed by the National Veterinary Service Laboratory.

(3) If required tissues from test eligible cervids are not submitted for laboratory diagnosis, the state veterinarian shall reevaluate the status of the herd.

 

Section 12. Investigation of Cervid CWD-positive Animals. (1) An epidemiological investigation in accordance with 9 C.F.R. Part 55 shall be conducted for all animals diagnosed at an approved laboratory as CWD positive or suspect.

(2) All positive herds and all source, exposed, and adjacent herds shall be investigated epidemiologically.

(3) All positive herds and premises and all source, exposed, and adjacent herds and premises shall be quarantined.

 

Section 13. Duration of Quarantine. Quarantines placed in accordance with this administrative regulation shall be removed as follows:

(1) A premises may be removed from quarantine after completion of the herd plan and five (5) years of compliance with all provisions of the 9 C.F.R. Part 55.

(2) An adjacent or exposed herd/premises may be removed from quarantine only after an epidemiological investigation and by order of the designated epidemiologist.

 

Section 14. Penalties. (1) Penalties for failure to comply with standards established in this administrative regulation for the CCWDSI HCP or HMP.

(a) The department may, pursuant to KRS Chapter 257, revoke or suspend a herd's permit for the HCP or the HMP if:

1. A person falsifies information on an enrollment application, or falsifies subsequent information required for continued enrollment;

2. A person fails to comply with requirements in this administrative regulation on animal identification, animal inventory, herd records, CWD testing, or animal movement; or

3. A person or facility fails to remain in compliance with KDFWR statutes and administrative regulations.

(b) In accordance with KRS 257.990, a permit holder may be subject to a fine for violation of this administrative regulation.

(c) Any person who violates Section 5(1)(b) or Section 8(1)(b) of this administrative regulation by making an untimely payment of a renewal fee, shall be charged a penalty of ten (10) percent and shall be required to pay this penalty in addition to the original renewal fee.

1. The original renewal fee and penalties shall be compounded by ten (10) percent monthly until paid in full; and

2. Any renewal fee and penalties remaining unpaid for three (3) successive months may result in a permit revocation.

(2) Penalties for failure to comply with Section 10 of this administrative regulation, Requirements for Entry into Kentucky.

(a) In accordance with KRS 150.740(6), a person shall be guilty of a Class D felony upon conviction for violating Section 10 of this administrative regulation.

(b) Upon conviction of a second violation of Section 10 of this administrative regulation and in addition to all other penalties, a person shall be permanently ineligible for renewal of a captive cervid permit.

(3) In accordance with KRS 150.740(7), the KDFWR may seize captive cervids that have been imported into the Commonwealth contrary to this administrative regulation and KRS 150.740 and 257.550.

(4) In accordance with KRS 150.740(8), the KDFWR may seize and destroy captive cervids that are in the process of being imported into the Commonwealth contrary this administrative regulation and KRS 150.740 and 257.550.

 

Section 15. Incorporation by Reference. (1) "CCWDSI Herd Certification Program and Herd Monitoring Program application packet," 10/2009, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Agriculture, Division of Animal Health, 100 Fair Oaks Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.[(2) HCP Requirements. Herds enrolled in this program shall meet the requirements provided herein this administrative regulation and the requirements in 9 C.F.R. Part 55, Subpart B.

(a) Animal identification requirement.

1. All animals twelve (12) months of age and older shall be required to have at least two (2) forms of animal identification, one of which shall be an official animal identification approved by APHIS and one (1) form that is a visual (flop tag) type of identification.

2. All animals of any age shall be required to have official animal identification before being moved from the premises for any purpose.

(b) The herd premises shall have a valid KDFWR permit and perimeter fencing that is approved by KDFWR.

(c) The herd veterinarian shall be notified within twenty-four (24) hours of observance of an animal with clinical signs suggestive of CWD.

(d) The owner shall report to the Office of State veterinarian all animals that escape or disappear, and all deaths (including animals killed by harvest or slaughter) of animals in the herd aged twelve (12) months or older.

1. The reporting time frame will be as follows:

a. For animals that escape or disappear a report shall be made within forty-eight (48) hours.

b. For animals taken by harvest or slaughter a report shall be submitted by the last day of each calendar month.

c. For animals that die from illness or unknown reason a report shall be submitted within seven (7) days.

2. The report shall include all animal identification numbers, the estimated time and date of the death, disappearance, escape, slaughter or killing of the animal.

3. Animals that die or are killed by harvest or slaughter shall have the required tissue specimens collected for CWD testing except as exempted by 9 C.F.R. Part 55.24.

4. An APHIS or state representative shall investigate herds that fail to comply with testing requirements and shall evaluate the herd's status.

(e) The owner shall maintain herd records that include the following:

1. Complete inventory of animals that includes the official identification number and other ID, the age, and sex of each animal;

2. A record for each purchased or natural addition to the herd shall include:

a. The official identification number, species, age, and sex of the cervid.

b. The name and address of the person from whom the cervid was purchased.

c. The address of the herd from which the cervid was purchased.

d. A copy of the Certificate of Veterinary Inspection that accompanied the animal for intra- or interstate movement.

e. Date purchased additions entered the herd.

f. Approximate date of birth for natural additions.

3. A record of each cervid leaving the herd shall include the following:

a. If the cervid was shipped live other than to slaughter report the date of movement, the name of the person to whom it was shipped, the place to which it was shipped, and a copy of the Certificate of Veterinary Inspection related to the shipment.

b. If the cervid died on the premises report the date of death, the apparent cause of death, the cervid's age, sex, state-federal official individual animal identification, date and laboratory submitted for CWD testing, if required, and the disposition of the cervid's carcass. If the carcass left the premises, the record shall identify the carcass destination and recipient.

c. If the cervid was shipped to slaughter report the date of movement, the cervid's age, sex, state-federal official individual animal identification, and the name and address of the slaughter establishment.

d. If the cervid was killed by harvest report the date, the name and address of the hunter and the disposition of the carcass.

e. The date of death or escape of all animals not removed for sale or by harvest or slaughter.

4. A record of all individual animal tests conducted on cervids in the herd.

5. Records received from the herd veterinarian related to veterinary services provided to the herd.

6. All individual identification numbers (from tags, tattoos, electronic implants, etc.) associated with each animal.

7. Provide records on request to the state veterinarian or APHIS representative for review and at the annual inventory visit.

(f) Animal inventory requirement.

1. A physical inventory verifying all animal identification and records shall be required when a herd is enrolled in the HCP.

2. An annual herd inventory shall be conducted that reviews all records and includes observation of unrestrained animals in an enclosed area to reconcile all visible identification devices with available records.

3. The state veterinarian or APHIS representative may request a physical inventory if they find it necessary to verify herd compliance with program standards.

4. The owner will be responsible for assembling, handling and restraining the animals and for all costs incurred to present the animals for inspection

(g) Maintenance of separate herds by the same owner shall meet the requirements in 9 C.F.R. Part 55.23.

(h) The herd enrollment date shall be the date the physical inventory shall be completed following completion of Section 3(c) of this administrative regulation and the application is approved by the state veterinarian.

(i) Surveillance procedures for the HCP shall include the following:

1. HCP Certified Herds Cervids twelve (12) months and older that die for any reason except slaughter or harvest shall be made available for tissue sampling and testing in accordance with instructions from the APHIS or state representative.

2. Non-certified HCP Herds Cervids twelve (12) months of age or older that die for any reason including slaughter or harvest shall be made available for tissue sampling and testing in accordance with instructions from the APHIS or state representatives.

3. All animals in an enrolled herd shall have official identification before reaching the age of twelve (12) months.

(3) HCP Permit.

(a) A HCP permit shall be required to participate in the program. A HCP permit is valid for one (1) calendar year from the date of enrollment. The applicant shall submit the following:

1. A permit application provided by the department.

2. A written statement by a Kentucky licensed and accredited veterinarian, certifying that the veterinarian and the herd owner have a valid veterinarian-client relationship.

3. A fee of $150.

(b) The department shall grant or deny a permit under subsection (2) of this section within thirty (30) days after the department receives the completed application package with the required fee.

(c) After the permit is issued, the participant shall enroll his herd into the HCP as follows:

1. Conduct a physical inventory of all animals with a representative of the State veterinarian to establish the baseline herd inventory.

2. Provide records of all animals to the state veterinarian.

(d) Herd status levels:

1. When a herd is first enrolled in the HCP, it shall be placed in first-year status, except that if the herd is comprised solely of animals obtained from herds already enrolled in the HCP, the newly enrolled herd shall have the same status as the lowest status of any herd that provided animals for the herd.

2. If a herd continues to meet the requirements of the HCP, the herd status shall be upgraded by one (1) year on the program enrollment date.

3. One (1) year from the date a herd is placed in fifth-year status, the herd status shall be changed to "certified". The herd shall remain in "certified" status as long as it is enrolled in the program, provided its status is not been revoked or suspended in accordance with this regulation or 9 C.F.R. Part 55.24.

4. Herds currently enrolled in the CCDWSI program shall be aligned to the appropriate status level provided in the C.F.R. Title 9.

5. A herd owner shall be issued a certificate of "Certified" status upon complying with the HCP Program, as defined in this administrative regulation.

6. Renewal of a Certified Cervid Herd. A herd is certified for twelve (12) months. For continuous certification, adherence to the provisions in this administrative regulation and all other state laws and rules pertaining to holding cervids shall be required.

7. A herd's certification status shall be immediately revoked and a herd investigation shall be initiated, if CWD positive or exposed animals are found in the herd.

(e) New animals shall only be introduced into the herd from other herds enrolled in the Kentucky HCP or a state Chronic Wasting Disease Certification Program approved by the Kentucky State Veterinarian or the Federal CWD Certification Program.

1. If animals are introduced from a herd of lower status, the receiving herd status shall revert to the lower status.

2. If animals are introduced from a herd not participating in a certification program, the receiving herd shall revert to first-year status in the certification program.

(4) Annual HCP permit renewal required.

(a) To continue in the Program persons shall comply with the following:

1. Submit a permit renewal application thirty (30) days prior to the expiration of the prior year permit.

2. Pay a $150 renewal fee.

3. Make all animals and records available to state veterinarian.

(b) Facilities and herds that have met the requirements in Section 2.(2) of this administrative regulation shall receive a renewal permit.

(5) CWD Herd Monitoring Program (HMP) Requirements. Herds enrolled in the HMP surveillance program shall meet the requirements provided herein. HMP herds shall not be eligible for "certified" status.

(a) All cervids entering a HMP facility shall originate from a CWD Certified Herd.

(b) No cervid shall be permitted to leave the HMP facility alive.

(c) Animal identification requirement:

1. All animals greater than twelve (12) months of age shall be required to be identified with an official identification device and to have a visual (flop tag) form of animal identification that is approved by the state veterinarian.

2. Permit holders failing to meet identification requirements shall be subject to compliance plans and penalties as provided in Section 8 of this administrative regulation.

(d) The herd premises shall have a valid KDFWR permit.

(e) The herd veterinarian shall be notified within twenty-four (24) hours of observance of an animal with clinical signs suggestive of CWD.

(f) The owner shall report to the state veterinarian all animals that escape or disappear, and all deaths (including animals killed by harvest) of animals in the herd aged twelve (12) months or older.

1. The reporting time frame shall be:

a. For animals that escape or disappear a report shall be made within forty-eight (48) hours.

b. For animals taken by harvest a report shall be submitted by the last day of each calendar month.

c. For animals that die from illness or unknown reason a report shall be submitted within seven (7) days.

2. The report shall include all animal identification numbers, the estimated time and date of the disappearance, escape, or killing of the animal.

3. Animals twelve (12) months of age or older that die or are killed by harvest shall have the required tissue specimens collected for CWD testing and submitted to an approved laboratory.

4. An APHIS or representative of the state veterinarian shall investigate herds that fail to comply with testing requirements and shall evaluate the herd's status.

(g) The owner shall maintain and provide to the state veterinarian or APHIS representative upon request herd records that include the following:

1. Census of animals that includes identification number, the age and sex of each animal;

2. A record for each purchased or natural addition to the herd shall include:

a. The identification number, species, age, and sex of the cervid.

b. The name and address of the person from whom the cervid was purchased.

c. The address of the herd from which the cervid was purchased.

d. A copy of the Certificate of Veterinary Inspection that accompanied the animal for movement.

e. Date purchased additions entered the herd.

f. Approximate date of birth for natural additions.

3. A record of each cervid leaving the herd shall include the following:

a. If the cervid died on the premises: report the date of death, the apparent cause of death, the cervid's age, sex, state-federal official individual animal identification, and the disposition of the cervid's carcass. If the carcass left the premises, the record shall identify the carcass destination and recipient and provide CWD testing information for test eligible animals.

b. If the cervid was killed by harvest report the date, name, and address of the hunter and the disposition of the carcass and CWD testing information.

c. All removals and deaths shall be reported monthly to the state veterinarian.

d. All untagged animals that die or are killed shall be identified with an official identification device and shall be tested for CWD and shall be reported to the state veterinarian.

4. A record of all CWD individual animal tests conducted on cervids in the herd.

5. Records received from the herd veterinarian related to veterinary services provided to the herd.

6. The date of death or escape of all animals not removed for sale or by harvest.

7. All individual identification numbers (from tags, tattoos, electronic implants, etc.) associated with each animal.

(j) Animal inventory requirements.

1. An initial premises assessment shall include a physical inventory of each animal and associated the herd records to determine baseline inventory.

2. An annual herd census will be conducted that reviews all records and includes observation of unrestrained animals in an enclosed area.

3. The state veterinarian or APHIS representative may request a physical inventory if it is necessary to verify herd compliance with program standards.

(i) Cervids twelve (12) months and older in the following categories that die shall be made available for tissue sampling and testing in accordance with instructions from the APHIS or state representatives.

1. All cervids that are not officially identified.

2. All cervids that die for any reason other than harvest.

3. The first ten (10) cervids that are harvested within a calendar year.

(h) The owner will be responsible for assembling, handling and restraining the animals and for all costs incurred to present the animals for inspection.

(6) HMP Permit.

(a) A HMP permit shall be required for participation in the program. The applicant shall submit the following:

1. A permit application provided by the department.

2. A written statement by a Kentucky licensed and accredited veterinarian, certifying that the veterinarian and the herd owner have a valid veterinarian-client relationship.

3. A fee of $150.

(b) The department shall grant or deny a permit under subsection (2) of this section within thirty (30) days after the department receives the completed application package with the required fee.

(c) After the permit is issued, the participant shall enroll his herd into the HMP as follows:

1. Conduct a census of all animals with a representative of the state veterinarian to establish the baseline herd inventory.

a. Provide origin documentation on all animals in herd.

b. Provide identification numbers, sex, age, and species for all animals in herd.

2. Provide records on animals to the state veterinarian for quarterly reviews.

(7) Annual HMP permit renewal required.

(a) To continue in the HMP Program persons shall comply with the following:

1. Submit a permit renewal application thirty (30) days prior to the expiration of prior year permit.

2. Pay a $150 renewal fee.

(b) Facilities that have met the requirements in subsection (5) of this section shall receive a renewal permit.

 

Section 3. Intrastate Movement Requirements. All intrastate movements of cervids, other than to a state- federal-inspected slaughter establishment, shall be accompanied by an intrastate movement Certificate of Veterinary Inspection signed by a licensed and accredited veterinarian as relates to 302 KAR 20:065. The intrastate movement certificate shall include the following:

(1) Consignor's name, address, and state veterinarian issued farmed cervid permit number;

(2) Consignee's name, address, and state veterinarian issued farmed cervid permit number;

(3) Official individual animal identification for each animal shall be listed.

(4) The movement permit number to ship, which may be obtained by telephone, issued by the state veterinarian prior to movement.

 

Section 4. Requirements for Entry into Kentucky. (1) Only cervids from "Certified CWD Herds" shall enter Kentucky.

(2) All cervids on the CVI shall meet the requirements in 302 KAR 20:040, Section 13.

(3) The following statements shall be included on the CVI:

(a) "All cervids identified on this certificate originate from a Certified herd meeting requirements for certified CWD herd status as determined by the Kentucky State veterinarian."

(b) "No cases of CWD in cervids have been diagnosed within a twenty-five (25) mile radius of the consignor premises in the last five (5) years.

 

Section 5. Surveillance Testing Procedures. (1) Official CWD tests and approved labs to conduct official CWD testing shall be in accordance with C.F.R. 9 part 55.

(2) A diagnosis of CWD by an approved laboratory shall be confirmed by the National Veterinary Service Laboratory.

(3) If required tissues from test eligible cervids are not submitted for laboratory diagnosis, the state veterinarian shall reevaluate the status of the herd.

 

Section 6. Investigation of Cervid CWD-positive Animals. An epidemiological investigation in accordance with 9 C.F.R. Part 55 shall be conducted for all animals diagnosed at an approved laboratory as CWD positive or suspect. All positive herds and all source, exposed and adjacent herds shall be investigated epidemiologically. All positive herds and premises and all source, exposed and adjacent herds and premises shall be quarantined.

 

Section 7. Duration of Quarantine. Quarantines placed in accordance with this administrative regulation shall be removed in accordance with the following:

(1) A premises may be removed from quarantine after completion of the herd plan and five (5) years of compliance with all provisions of the 9 C.F.R. Part 55.

(2) An adjacent or exposed herd/premises may be removed from quarantine only after an epidemiological investigation and by order of the designated epidemiologist.

 

Section 8. Penalties. (1) Penalties for failure to comply with standards set forth in this administrative regulation for the CCWDSI HCP or HMP.

(a) The department may, pursuant to KRS Chapter 257, revoke or suspend a herd's permit for the HCP or the HMP under this section if:

1. A person falsifies information on an enrollment application, or falsifies subsequent information required for continued enrollment.

2. A person fails to comply with requirements in this administrative regulation on animal identification, animal inventory, herd records, CWD testing, or animal movement.

3. A person or facility fails to remain in compliance with KDFWR KAR Title 301 statutes and regulations.

(b) In accordance with KRS 257.990, permit holder may be subject to a fine for violation of this administrative regulation.

1.(a) Any person who violates Section 2(4)(a) or (7)(a) of this administrative regulation involving an untimely payment of an renewal fee, shall be charged a penalty of ten (10) percent and shall be required to pay this penalty in addition to the original renewal fee.

2. The original renewal fee and penalties shall be compounded by ten (10) percent monthly until paid in full.

3. Any renewal fee and penalties remaining unpaid for three (3) successive months may result in a permit revocation.

(2) Penalties for failure to comply with Section 4 of this administrative regulation.

(a) In accordance with KRS 150.740 a person shall be guilty of a Class D felony upon conviction for violating this Section 4. of this administrative regulation.

(b) Upon conviction of a second violation of Section 4 of this administrative regulation and in addition to all other penalties, a person shall be permanently ineligible for renewal of a captive cervid permit.

(3) The KDFWR shall have the authority to immediately, and without compensation to the owner, seize captive cervids that have been imported into the Commonwealth contrary to Section 8 of this administrative regulation. The individual whose cervids were seized may request an administrative hearing pursuant to KRS Chapter 13B within thirty (30) days of the department's seizure and may appeal the final decision to Franklin Circuit Court in accordance with KRS Chapter 13B. Pending the final outcome of all appeals, the seized cervids may be disposed of by the department without compensation to the owner.

(4) The KDFWR shall have the authority to immediately, and without compensation to the owner, seize and destroy captive cervids that are in the process of being imported into the Commonwealth contrary to Section 4 of this administrative regulation.

 

Section 9. Incorporation by Reference. (1) CCWDSI Herd Certification Program and Herd Monitoring Program application packet, 10/2009, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Agriculture, Division of Animal Health, 100 Fair Oaks Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.][(2) "Affected cervid herd" means a cervid herd from which any animal has been diagnosed as affected with CWD or is not in compliance with the provisions of the control program for CWD as described in this administrative regulation.

(3) "Approved laboratory" means the National Veterinary Service Laboratory, Ames, Iowa, or laboratories accredited by the American Association of Veterinary Laboratory Diagnosticians.

(4) "Certificate of Veterinary Inspection" means an official document issued by the State veterinarian, federal animal health official, or by a licensed, accredited veterinarian at the point of origin that documents the state-federal official individual animal identification, the number of animals shipped, the purpose of the movement, the points of origin and destination, and the consignor and consignee.

(5) "Certified CWD cervid herd" means a herd of cervids that has qualified for and has been issued a certified CWD cervid herd certificate signed by the State veterinarian.

(6) "Certified monitored CWD cervid herd" means a herd of cervids that has complied with the CCWDSI Program and that has been defined as one (1) year, two (2) year, three (3) year, or four (4) year monitored in accordance with the time in years the herd has complied with the CCWDSI Program.

(7) "Cervid" means deer, elk, moose, caribou, reindeer, and related species and hybrids thereof, including all members of the cervidae family and hybrids thereof.

(8) "Cervid herd of origin" means a cervid herd, or any farm or other premises, where the animals were born or where they are kept for at least one (1) year before the date of shipping.

(9) "Cervid CWD surveillance identification program" or "CCWDSI Program" means a CWD surveillance program requiring identification and laboratory diagnosis including brain tissue as directed by the State veterinarian, on all deaths, including deaths by slaughter, hunting (including hunting on hunting preserves), illness, and injury, of cervids six (6) months of age or greater or any cervid displaying clinical signs of CWD. The diagnosis as established in Section 3 of this administrative regulation.

(10) "Chronic wasting disease" or "CWD" means a transmissible spongiform encephalopathy of cervids.

(11) "Closed herd" means a cervid herd which has had no imported animals for a period of three (3) years.

(12) "CWD exposed" or "exposed" means a designation applied to cervids that are either part of an affected herd or for which epidemiological investigation indicates contact with CWD affected animals or contact with animals from a CWD affected herd in the past five (5) years.

(13) "CWD affected" means a designation applied to cervids diagnosed as affected with the CWD prion based on laboratory results, clinical signs, or epidemiological investigation.

(14) "CWD suspect" means a designation applied to cervids for which laboratory evidence or clinical signs suggest a diagnosis of CWD, but for which laboratory results are inconclusive.

(15) "Designated epidemiologist" means a state or federal veterinarian who is appointed by the State veterinarian, the USDA Area Veterinarian in Charge, and the USDA Animal Plan Health Inspection Service.

(16) "Herd" means a group of cervids that are under common ownership or supervision.

(17) "Humanely-harbored cervid" means a captive cervid or a group of captive cervids six (6) months of age or older that has required rehabilitation or was abandoned at a young age.

(18) "Imported animal" means an animal introduced into a herd from any source.

(19) "Individual herd plan" means a written herd management plan that is designed by the herd owner, the owner's veterinarian, if requested, and a designated epidemiologist to identify and eradicate CWD from a known affected, exposed, or adjacent herd.

(20) "KDFWR" means the Kentucky KDFWR.

(21) "Licensed, accredited veterinarian" means a veterinarian approved by the Deputy Administrator of Veterinary Services, Animal and Plant Health Inspection Service, United States Department of Agriculture, and the State veterinarian, in accordance with 9 C.F.R. Part 161, to perform functions required by cooperative state-federal animal disease control and eradication programs, and is licensed to practice in the state of Kentucky.

(22) "Monitored CWD herd" means a cervid or a herd of cervids that are humanely-harbored or a herd permitted by the KDFWR as a shooting/hunting preserve.

(23) "99/1 Surveillance Program" means a statistical sampling of cervids sixteen (16) months of age or older for any one (1) population of cervids that determines a ninety-nine (99) percent probability of no disease within that population.

(24) "Official cervid CWD test" means an approved test conducted at an approved laboratory to diagnose CWD.

(25) "Quarantine" means an imposed restriction prohibiting movement of cervids to any location without specific written permits.

(26) "Shooting/hunting preserve" means a KDFWR cervid permitted, fenced premises used for commercial shooting and hunting.

(27) "State" means any state of the United States, the District of Columbia, Puerto Rico, the U. S. Virgin Islands, or Guam.

(28) "State-federal official individual animal identification" means an identification eartag that conforms to the alphanumeric National Uniform Eartagging System as defined in 9 C.F.R. Part 71.1 or other identification as defined in 9 C.F.R. Part 77.20.

(29) "Traceback" means the process of identifying the herd or origin of CCWDSI Program positive animals, including herds that were sold for slaughter.

 

Section 2. The State veterinarian shall provide routine supervision of the CCWDSI and the monitored CWD herd programs.

 

Section 3. Surveillance Procedures. Surveillance procedures for the CCWDSI Program shall include the following:

(1)(a) Upon death, cervids sixteen (16) months of age or older or any cervids less than sixteen (16) months of age showing clinical signs of a central nervous system disease shall have designated brain or retropharyangeal lymphoid tissue submitted to an approved laboratory for CWD surveillance and diagnostic testing.

(b) A diagnosis of CWD by an approved laboratory shall be confirmed by the National Veterinary Service Laboratory.

(c) Surveillance may also include a surveillance of animals which are slaughtered, including animals killed in a shooting/hunting preserve, which would give a 99/1 surveillance probability for CWD.

(d) If tissues associated with a cervid death are not submitted for laboratory diagnosis due to postmortem changes or unavailability, the state veterinarian shall reevaluate the status of the herd.

(2) Surveillance for CWD, as provided in subsection (1) of this section, shall be maintained for all cervid herds.

 

Section 4. Official Cervid Tests. Official cervid tests for CWD are:

(1) Histopathology;

(2) Immunohistochemistry;

(3) Western Blot;

(4) Negative Strain Electron Microscopy;

(5) Bioassay; and

(6) Any state-federal approved test performed by an approved laboratory to confirm the diagnosis of CWD.

 

Section 5. Investigation of Cervid CWD Surveillance Identification Affected Animals. Traceback shall be performed for all animals diagnosed at an approved laboratory as affected with CWD. All herds of origin and all adjacent herds and herds having contact with affected animals as determined by the CCWDSI Program shall be investigated epidemiologically. All herds of origin, adjacent herds, and herds having contact with affected animals or exposed animals shall be quarantined.

 

Section 6. Duration of Quarantine. Quarantines placed in accordance with this administrative regulation shall be removed in accordance with the following:

(1) A herd of origin may be removed from quarantine after five (5) years of compliance with all provisions of this administrative regulation.

(2) A herd having contact with affected or earlier if the animals from the affected or exposed herd have been determined not to be infected with CWD by an approved laboratory.

(3) An adjacent herd may be removed from quarantine only after an epidemiological investigation and by order of the designated epidemiologist.

 

Section 7. CCWDSI Program. (1) General. A person who keeps captive cervids in this state shall enroll the herd in the cervid CWD Surveillance Identification Program.

(2) Application. To enroll a herd in the surveillance program, a person shall complete and submit an application provided by the department. The application shall include all the following:

(a) The name, address, and telephone number of the herd owner, and any trade names under which the herd owner does business.

(b) The name, address, and telephone number of the herd custodian, if other than the herd owner.

(c) The herd location or locations, including the street address and county.

(d) A complete herd census report compiled no more than thirty (30) days prior to the date of application. The applicant shall submit the census report on a form provided by the department. The census report for captive cervids classified as a breeding herd shall include:

1. The number, species, age, and sex of cervids in the herd.

2. The state-federal official individual animal identification.

(e) A written statement, by a licensed, accredited veterinarian, that certifies all the following:

1. The veterinarian and the herd owner have a valid veterinarian-client relationship.

2. The veterinarian has access to all herd health records and can document all disease events that have occurred in the herd within the past twelve (12) months.

3. That no cervid in the herd has shown any signs or symptoms of CWD in the past sixteen (16) months.

(3) Action on application. The department shall grant or deny an application under subsection (2) of this section within thirty (30) days after the department receives a complete application. The herd shall be enrolled in the CCWDSI Program on the day that the department accepts the application.

(4) Annual enrollment. To continue in the CCWDSI Program persons shall comply with the following:

(a) For a designated cervid breeding herd and for a designated humanely-harbored cervid herd, each cervid six (6) months of age or older shall be identified as defined in Section 1(28) of this administrative regulation. Cervids shall be tagged on or before six (6) months of age.

(b) Upon death, all cervids sixteen (16) months of age or older shall have brain or retropharyangeal lymphoid tissue submitted to an approved laboratory. A positive diagnosis of CWD by an approved laboratory shall be confirmed by the National Veterinary Service Laboratory or other laboratories approved by the National Veterinary Service Laboratory.

(c) The herd veterinarian shall be notified within twenty-four (24) hours of observance of an animal with clinical signs suggestive of CWD.

(d) Complete and file an annual herd census.

(e) Create and maintain complete herd records under subsection (6) of this section.

(f) Provide the department with an annual written statement from the herd veterinarian. A licensed, accredited veterinarian shall sign and submit the statement within thirty (30) days before or after the anniversary of the herd's enrollment under subsection (3) of this section. The statement shall certify all the following:

1. The herd owner and the herd veterinarian have established a veterinarian-client relationship.

2. The veterinarian has access to all herd health records and can document all disease events that have occurred in the herd within the past twelve (12) months.

3. The herd had no clinical signs or symptoms of CWD in the past sixteen (16) months.

(5) Annual herd census. A person shall complete an annual herd census under subsection (4)(d) of this section within thirty (30) days before or after the anniversary date of the herd's enrollment under subsection (3) of this section. The person shall file an annual census report under subsection (4)(d) of this section, on a form provided by the department, within ten (10) days after completing the annual herd census. The report shall include all the following:

(a) The number, species, age, and sex of cervids in the herd.

(b) The state-federal official individual animal identification and all secondary identifications.

(c) The number, species, age, and sex for cervids added to the herd since the last herd census report. The report shall document additions to the herd as natural additions or as a purchased addition. For a purchased addition, the report shall identify the source of purchase, date of purchase, and document that the cervid met all the CWD herd surveillance requirements prior to entry into the herd.

(d) The number, species, age, and sex for cervids that left the herd since the last herd census report. The report shall document the reason for removing from the herd:

1. Cervid died on the premises. For a premises death, the report shall document cervid age, state-federal official individual animal identification, disposition of carcass, and brain or retropharyangeal lymphoid tissue collected for laboratory submission.

2. Cervid sold and moved to a new premises, the report shall document the name and address of purchaser.

3. Cervid was shipped to slaughter, the report shall document the cervid's age, state-federal official individual animal identification, the name and address of the slaughter establishment, and documentation that tissue was collected for CWD diagnostics.

(6) Herd records. A person shall keep the following herd records under subsection (4)(e) of this section and shall make all records available to the department upon request.

(a) A record for each purchased addition to the herd shall include:

1. The species, age, and sex of the cervid.

2. The name and address of the person from whom the cervid was purchased.

3. The address of the herd from which the cervid was purchased.

4. A copy of the Certificate of Veterinary Inspection that accompanied the animal for intra- and interstate movement.

(b) A record of each cervid leaving the herd shall include the following:

1. Whether the cervid died on the premises, was shipped to slaughter, or was shipped live other than to slaughter.

2. If the cervid was shipped live other than to slaughter, the name of the person to whom it was shipped, the place to which it was shipped and a copy of the Certificate of Veterinary Inspection related to the shipment.

3. If the cervid died on the premises, the apparent cause of death, the cervid's age, sex, state-federal official individual animal identification, and the disposition of the cervid's carcass. If the carcass left the premises, the record shall identify the carcass destination or recipient.

4. If the cervid was shipped to slaughter, the cervid's age, sex, state-federal official individual animal identification, and the name and address of the slaughter establishment.

(c) A record of all CWD individual animal tests conducted on cervids in the herd.

(d) Records received from the herd veterinarian related to veterinary services provided to the herd.

(7)(a) Humanely-harbored cervids shall not be designated as a breeding unit and shall not be eligible for sale or exhibition.

(b) Humanely-harbored cervids shall not be removed from a permitted premises except for disposition of the carcass or slaughter.

(c) Humanely-harbored cervids shall comply with the recordkeeping requirements of subsection (6) of this section.

(8) Suspending enrollment.

(a) The department may, pursuant to KRS Chapter 13B, suspend a herd's enrollment in the CCWDSI Program or herd monitoring program under this section if any of the following apply:

1. A person falsifies information on an enrollment application, or falsifies subsequent information required for continued enrollment.

2. A person fails to comply with requirements under subsection (4) of this section for continued enrollment.

(b) The State veterinarian or designee may issue a suspension order under paragraph (a) of this subsection.

 

Section 8. Identification and Disposition Requirements. CWD affected and exposed cervids shall be quarantined and remain under quarantine. Movement from the premises and disposition of cervids shall be in compliance with requirements of KRS 257.160.

 

Section 9. Methods of Obtaining Certified CWD Cervid Herd Status. Certified CWD cervid herd status shall include all cervids in the cervid herd. They shall not be commingled with other cervids that are not certified or commingled with cervids of a lesser certification. A herd may qualify for status as a certified CWD cervid herd as follows:

(1) Purchasing a certified CWD cervid herd: Upon request and with proof of purchase, the State veterinarian shall issue a new certified CWD cervid herd certificate in the new owner's name. The anniversary date and the herd number, as assigned by the department, shall remain the same. If part or all of the purchased herd is moved directly to premises that have no other cervids, the herd may retain certified CWD status, and the State veterinarian shall issue a new certification number. The anniversary date of the new herd is the date of the most recent herd certification status certificate.

(2) Upon request and with proof of records, a herd owner shall be issued a certified CWD cervid herd certificate by complying with the CCWDSI Program, as defined in Section 1 of this administrative regulation, for a period of five (5) years.

 

Section 10. Recertification of a Certified CWD Cervid Herd. A herd is certified for twelve (12) months. For continuous certification, adherence to the provisions in this administrative regulation and all other state laws and rules pertaining to raising cervids is required. A herd's certification status is immediately terminated and a herd investigation shall be initiated when CWD affected or exposed animals are found in the herd.

 

Section 11. Movement Into a Certified CWD or Monitored CWD Herd. (1) Animals originating from a certified CWD cervid herd may move into another certified CWD cervid herd. Animals originating from a herd not certified as a CWD cervid herd shall not be certified until the animals remain in a certified CWD cervid herd for five (5) years. Animals originating from a CWD monitored herd shall not be certified until the combination of the CWD monitored status and the years present in the certified CWD herd total five (5) years.

(2) Animals originating from a monitored CWD herd may move into another monitored CWD herd of the same status. Animals originating from a herd which is not a monitored CWD herd or from a lower status monitored CWD herd shall not be assigned a monitored status until the cervids have been in the monitored herd for a number of years equal to the designated herd's monitored status at time of entry.

 

Section 12. Recognition of Monitored CWD Herds. The State veterinarian shall issue a monitored CWD herd certificate indicating CWD monitored herd status as CWD monitored one (1), CWD monitored two (2), CWD monitored three (3), or CWD monitored four (4), according to the number of years the herd has qualified for the status.

 

Section 13. Recognition of Certified CWD Cervid Herds. The State veterinarian shall issue a certified CWD cervid herd certificate when the herd first qualifies. For recertification, the State veterinarian shall issue a renewal form annually.

 

Section 14. Intrastate Movement Requirements. All intrastate movements of cervids, other than to a state- or federally-inspected slaughter establishment, shall be accompanied by an intrastate movement Certificate of Veterinary Inspection signed by a licensed, accredited veterinarian. The intrastate movement certificate shall include the following:

(1) Consignor's name, address, and State veterinarian issued permit number;

(2) Consignee's name, address, and State veterinarian issued permit number; and

(3) The permit number to ship, which may be obtained by telephone, issued by the State veterinarian prior to movement and one of the following statements:

(a) "All cervids identified on this certificate are from a closed herd as defined in Section 1 of 302 KAR 20:066";

(b) "All cervids identified on this certificate originate from a herd with a minimum of a three (3) year monitored status"; or

(c) "All cervids identified on this certificate originate from a certified CWD cervid herd".

 

Section 15. Requirements for Entry into Kentucky. All cervids entering Kentucky shall be accompanied by a Certificate of Veterinary Inspection, issued by a licensed, accredited veterinarian, and a telephone entry permit number requested by the licensed, accredited veterinarian signing the certificate and issued by the State veterinarian before movement. One (1) of the following statements shall appear on the certificate:

(1) "All cervids identified on this certificate originate from a herd in which all cervids have been kept for at least three (3) years or into which they were born. There has been no exposure to or additions from any other source in the past three (3) years. There have been no diagnoses, signs, or epidemiological evidence of CWD in this state for the past five (5) years. Records and causes of death for the past three (3) years in the herd of origin are available to the animal health official of the state of origin";

(2) "All cervids identified on this certificate originate from a herd which has been determined to have a minimum of a three (3) year monitored status by the animal health official of the State of Kentucky"; or

(3) "All cervids identified on this certificate originate from a herd meeting requirements for a certified CWD herd status as determined by the State veterinarian.

 

Section 16. For cervid herds in existence prior to the effective date of this administrative regulation, eligibility for closed herd status shall commence on the date of the last import into the herd or the last herd mortality not tested for CWD, whichever occurs last.

 

Section 17. KDFWR Cervid Permitted Shooting/Hunting Preserves. (1) A shooting/hunting preserve shall be enrolled in an official CWD monitoring program. The CWD monitoring program requirements shall include:

(a) An annual statistical herd census;

(b) All additions to the shooting/hunting preserve shall originate from a three (3) year or greater CCWDSI Program cervid herd; and

(c) All additions prior to entry into the preserve shall be identified in accordance with 9 C.F.R. Part 77.20.

(2) A CWD surveillance program shall be established that will give a 99/1 surveillance probability that CWD does not exist within the preserve's cervid population.

(a) A 99/1 surveillance program shall be established for the hunter kill removal of animals from the shooting/hunting preserve or may be documented by the preserve owner kill of animals or by a combination of both.

(b) The preserve owners shall be responsible for documenting cervid removal and for the collection of brain tissue or retropharyangeal lymphoid tissue.

(c) All records shall document:

1. Date cervid removed;

2. Age and sex of cervid;

3. Cervid identification in accordance with 9 C.F.R. Part 77.20;

4. Approved personnel designated for the collection of tissue sample. Approved personnel shall be trained by Animal Plant Health Inspection Service in the identification and proper removal of tissue. Approved personnel shall submit documentation of training to the Office of the State veterinarian;

5. Tissue collection date and type of tissue collected;

6. Laboratory responsible for testing and date of submission; and

7. Laboratory CWD report.

(d) All records shall be made available to an agent of the State Board of Agriculture upon request.

(e) Purchased additions shall comply with 302 KAR 20:065 and 302 KAR 20:040 before entry into shooting/hunting preserves.

 

Section 18. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) "Cervid Chronic Wasting Disease Surveillance Identification (CCWDSI) Herd Monitoring Program Application Packet, 8/14/02"; and

(b) "Cervid Chronic Wasting Disease Surveillance Identification (CCWDSI) Herd Monitoring Annual Census Report, 8/14/02".

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Department of Agriculture, Division of Animal Health, 100 Fair Oaks Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.]

 

RITCHIE FARMER, Commissioner

APPROVED BY AGENCY: September 15, 2010

FILED WITH LRC: September 15, 2010 at noon

CONTACT PERSON: Clint Quarles, Staff Attorney, Kentucky Department of Agriculture, 500 Mero Street, 7th Floor, Frankfort Kentucky 40601, phone (502) 564-4696, fax (502) 564-2133.

 

The administrative regulations provided here are an unofficial posting of the Kentucky Administrative Regulations. Pursuant to KRS 61.874, it is unlawful to use any records available on the Kentucky web site for a commercial purpose without agreement with the Legislative Research Commission.