GENERAL GOVERNMENT CABINET

Department of Agriculture

Office of Consumer and Environmental Protection

Division of Environmental Services

(New Administrative Regulation)

302 KAR 21:001. Definitions for 302 KAR Chapter 21.

RELATES TO: KRS 246.420, 256.010, 257.160, 257.196, 525.130, 7 U.S.C. 2131-2159

STATUTORY AUTHORITY: KRS 257.196

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) An irritating or blistering agent has been applied, internally or externally, by a person to a limb of a horse;

(b) A burn, cut, or laceration has been inflicted by a person on a limb of a horse;

(c) 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

(d)1. 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, 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.

JAMES R. COMER, Commissioner

APPROVED BY AGENCY: August 15, 2013

FILED WITH LRC: August 15, 2013 at noon

PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on September 25, 2013 at 107 Corporate Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by September 18, 2013, five working days prior to the hearing, of their intent to attend. If no notification of intent to attend is received by that date, the hearing may be cancelled. The hearing is open to the public. Any person who wishes to be heard will be given the opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through September 30, 2013. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

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.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

Contact Person: Clint Quarles

(1) Provide a brief summary of:

(a) What this administrative regulation does: This administrative regulation creates definitions for the administrative regulation establishing livestock and poultry care standards.

(b) The necessity of this administrative regulation: This administrative regulation is necessary to comply with KRS 257.196 by establishing livestock and poultry care standards.

(c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation conforms with KRS 257.196 by establishing livestock and poultry care standards.

(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation is necessary to comply with KRS 257.196 by clearly establishing the definitions for livestock and poultry care standards.

(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

(a) How the amendment will change this existing administrative regulation: This is a new administrative regulation.

(b) The necessity of the amendment to the administrative regulation: This is a new administrative regulation.

(d) How will this amendment assist in the effective administration of the statutes: This is a new administrative regulation.

(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: More than 85,000 farms and all 120 counties potentially may be affected.

(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: Farm operations that include or may wish to include livestock and poultry will be required to be familiar with the minimum care standards. With the exception of a few isolated individual cases each year, the overwhelming number of the farmers in our state already comply with the care standards as normal production practices. County officials tasked with response to complaints would need to be familiar with the regulations to provide appropriate evaluations and responses.

(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The KDA believes that no additional costs will be incurred by the regulated individuals.

(c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Minimum care standards implementation will help identify bad actors in the circumstances of violations.

(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

(a) Initially: No new additional costs.

(b) On a continuing basis: No additional costs.

(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The KDA does not anticipate the need for specific funding for the implementation of these regulations.

(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: No increase in fees or funding will be required for this amended regulation.

(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: No fee has been establish directly or indirectly through this amended regulation.

(9) TIERING: Is tiering applied? No. All regulated entities have the same requirements.

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

1. What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Kentucky Department of Agriculture, Office of the State Veterinarian.

2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 257.196.

3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. No fiscal changes will occur.

(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? No fiscal changes will occur.

(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? No fiscal changes will occur.

(d) How much will it cost to administer this program for subsequent years? No changes in spending will occur.

Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

Revenues (+/-):

Expenditures (+/-):

Other Explanation:

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.