GENERAL GOVERNMENT
Department of Agriculture
Office of State Veterinarian Division of Animal Health
(As Amended at ARRS, February 13, 2012)
302 KAR 20:052. Animal Carcass Composting.
RELATES TO: KRS 257.010, 257.160(1)-(2)
STATUTORY AUTHORITY: KRS 257.160(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.160(3) authorizes the State Board of Agriculture to promulgate administrative regulations to implement KRS 257.160. KRS 257.160(1)(f) allows disposal of animal carcasses by composting if the disposal is performed in an approved facility and according to the board's administrative regulations. This administrative regulation establishes required procedures for animal carcass composting.
Section 1. Definitions. (1) "Agriculture operation" is defined by KRS 224.71-100(1).
(2) "Animal" means
fish and any member of the equine, ovine, bovine, porcine, [feline, canine,]
caprine, [lapin,] bison, cervidae, camelid[camalid],
ratite, and avian species.
(3)[(2)]
"Compost" is defined by KRS 257.010(6)[(5)].
(4)[(3)]
"Owner" is defined by KRS 257.010(14)[(12)].
Section 2. Registration [Permit]
Required. (1) Except as provided in subsection (5) of this section, all
persons or entities operating a composting facility shall register with the
State Veterinarian.[The State Veterinarian shall issue permits for
animal composting facilities. The cost of the permit shall be twenty-five (25)
dollars per year. The permit shall be renewed at five (5) year intervals.]
(2) Registration[A permit
application] shall include the name and address of the compost owner, the
location of the composting facilities, and a description of the facilities [and
composting procedure].
(3) All animal composting facilities shall be subject to inspection by the State Veterinarian or his representative.
(4) Any animal carcasses not composted shall be disposed of in a manner consistent with KRS 257.160.
(5) Registration of composting facilities shall not be required for an agriculture operation, if composting is not for a commercial purpose.
Section 3. Composting[Permitted]
Facilities. (1) All composting[Permitted] facilities shall be
constructed to meet:
(a) Guidelines established by the University of Kentucky College of Agriculture Cooperative Extension Service publication "On-Farm Composting of Animal Mortalities: ID-166"; and
(b) The requirements of the Kentucky Agriculture Water Quality Plan.
(2) All processing of dead animals
shall be done within the composting[permitted] facility.[(3)
Dead animals to be composted shall be temporarily stored indoors on floors
constructed of concrete or soil-cement as identified in the University of
Kentucky College of Agriculture Cooperative Extension Service publication
"Using Soil-Cement on Horse and Livestock Farms: ID-176".]
(3)[(4)] Hazardous
materials shall not be used in the composting procedure.
(4)[(5)] Reasonable and
cost-effective efforts shall be taken to prevent odor, insects, and pests. All
carcasses shall be inaccessible to scavengers, livestock, and live poultry.
(5)[(6)] Ruminant animals
may have the rumen vented prior to composting.
Section 4. Incorporation by Reference. (1) The following material is incorporated by reference:
(a) University of Kentucky College of Agriculture Cooperative Extension Service publication "On-Farm Composting of Animal Mortalities: ID-166", 2-2008; and
(b) Kentucky Agriculture Water Quality
Plan (October 1996, revised May 1999)[; and
(c) University of Kentucky College
of Agriculture Cooperative Extension Service publication "Using
Soil-Cement on Horse and Livestock Farms: ID-176", 8-2009].
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Division of Animal Health, 100 Fair Oaks, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
RICHIE FARMER, Commissioner
APPROVED BY AGENCY: November 10, 2011
FILED WITH LRC: November 10, 2011 at 11 a.m.
CONTACT PERSON: Clint Quarles, Staff Attorney, Kentucky Department of Agriculture, 500 Mero Street, 7th Floor, Frankfort Kentucky 40601, phone (502) 564-1155, 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.