GENERAL GOVERNMENT CABINET

Department of Agriculture

Office of Consumer and Environmental Protection

Division of Environmental Services

(New Administrative Regulation)

302 KAR 21:020. General livestock and poultry provisions.

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 general livestock and poultry standards.

Section 1. Feed and Water. (1) Livestock and poultry shall receive feed and water so as to maintain a body condition appropriate for age, use, stage of production, and weather condition.

(2) Feed and water may be withheld for the following reasons:

(a) Specific management practices;

(b) In an emergency situation such as extreme weather condition or loss of utilities; or

Section 2. Space. (1) Space sufficient to maintain livestock and poultry shall be provided and it may be:

(a) Confined;

(b) Semi-confined; or

(2) If used, facilities may be environmentally controlled.

(3) Separation of individual animals shall be authorized.

(4) Indoor stocking densities shall allow for a single layer of animals.

(5) If fencing is used, it shall be maintained in accordance with KRS 256.010(1).

Section 3. Health care. (1) Health care sufficient to maintain livestock and poultry shall be provided promptly and it may include:

(a) Use of pharmaceuticals and biologicals. They shall be used in accordance with label directions or as directed by a licensed veterinarian; and

(b) Prescription and extra-label medications. They shall be administered as directed by a licensed veterinarian with a valid veterinarian-client-patient relationship.

(2) Livestock and poultry shall be routinely observed for well-being.

(3) Dead livestock and poultry shall be disposed of pursuant to KRS 257.160.

Section 4. Livestock handling and transport. (1) The following shall be done in a manner that minimizes the risk of injury:

(a) Handling of poultry and livestock; and

(b) Loading or unloading of livestock and poultry for or from transport.

(2) If used, the following shall be used in a manner that minimizes the risk of injury that is consistent with the manufacturer's recommendations:

(a) Facilities and equipment; and

(b) Handling, sorting, or other devices either to move livestock or for diagnostic evaluation.

(3) Livestock and poultry shall be able to stand in their natural posture or position or rest in a single layer once loaded for transport.

(4) Livestock and poultry shall be loaded in a way that allows fallen animals to rise.

Section 5. Handling of Disabled Livestock and Poultry. (1) The responsible party for ambulatory disabled, non-ambulatory disabled, or distressed livestock or poultry shall provide appropriate protection from other animals, predators, and weather extremes as required by the condition of the animal.

(2) Ambulatory disabled, non-ambulatory disabled, or distressed livestock or poultry shall have access to water, and if maintained longer than twenty-four (24) hours, access to feed.

(3) Handling and moving of ambulatory disabled, non-ambulatory disabled, or distressed animals shall be done in a manner that minimizes the risk of additional distress.

(4) Non-ambulatory disabled livestock shall be loaded only for transport to a terminal market or for treatment.

(5) Livestock and poultry in severe distress with an irreversible condition shall be euthanized.

Section 6. Preparing animals for exhibition. (1) Training, fitting, and restraint of livestock or poultry for exhibition shall be performed in a manner that minimizes the risk of injury.

(2) Livestock for exhibition shall not be tampered with pursuant to KRS 246.420.

Section 7. Euthanasia. Euthanasia of livestock shall be performed using the approved methods pursuant to the 2007 Report of the American Veterinary Medical Association (AVMA) Panel on Euthanasia. A licensed veterinarian, law enforcement officer, or approved animal control or humane society personnel may provide assistance in identifying an acceptable method of euthanasia for the current situation and environment.

Section 8. Biosecurity. (1) Biosecurity protocols and limitation of public access to farms may be established by the responsible party.

(2) Use of animals, devices, or fencing for predator control shall be authorized.

Section 9. Exemptions. This administrative regulation shall not:

(1) Limit or prevent a veterinarian or person under the supervision of a veterinarian from providing necessary care for an animal; or

(2) Apply to the care of livestock and poultry used by an on-farm research facility that is regulated by the United States Department of Agriculture under the Animal Welfare Act, 7 U.S.C. 2131-2159.

Section 10. Incorporation by Reference. (1) "Report of the AVMA Panel on Euthanasia", June 2007, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, 200 Fair Oaks, 2nd Floor, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m.

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, Staff Attorney

(1) Provide a brief summary of:

(a) What this administrative regulation does: This administrative regulation creates general 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 general provisions 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.