Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO: KRS Chapters 246, 257,
9
C.F.R. 161.1-161.4
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
257.030(4) authorizes the
Board of Agriculture to promulgate administrative regulations necessary to
administer KRS Chapter 257. This administrative regulation establishes
definitions for 302 KAR Chapter 20, which implements KRS Chapter 257.
Section 1. Definitions.
(1) "Accredited veterinarian" means a
veterinarian accredited in accordance with the provisions of
9
C.F.R. 161.1 to
161.4.
(2) "Animal" means any species of livestock,
poultry, menagerie animals, exotic animals, feral, wild, or captive animals,
pet birds, canine, feline, or ferret.
(3) "Animal identification number" or "AIN"
means a unique, individual identification number that is:
(a) Issued by a state or a federal agency or
by a provider approved by a state or federal agency; and
(b) Registered to the person or premises
responsible for the animal.
(4) "Approved Kentucky horse sale" means a
regularly-scheduled public equine sale that does not require certification of
EIA testing and preconsignment and that meets the requirements of
302 KAR
20:261.
(5) "Area veterinarian in charge" means the
federal veterinarian in charge of the Animal and Plant Health Inspection
Service, Veterinary Services, United States Department of
Agriculture.
(6) "Board" is defined
by
KRS
257.010(1).
(7) "Captive wild" means an animal that:
(a) Has a phenotype not significantly
affected by human selection; and
(b) Lives under supervision or control of
humans.
(8) "Certificate
of Veterinary Inspection" or "CVI" means an official document approved by the
chief animal health official of the state of origin or by USDA APHIS VS for
verification of veterinary inspection that is issued by a licensed and
accredited veterinarian.
(9)
"Certificate of Veterinary Inspection Reconsignment Form" means an official
form approved by the state veterinarian of the state of origin that is attached
to a valid CVI for the movement of animals from a sale to the buyer's
premises.
(10) "Chief livestock
health official" means State Veterinarian, Department of Agriculture, or his
authorized representative.
(11)
"Circus animal" means a trained animal used in an entertainment show.
(12) "Commingled" means animals from one (1)
premises that are mixed or assembled with animals from any other
premises.
(13) "Commissioner" is
defined by
KRS
257.010(2).
(14) "Communicable disease" is defined by
KRS
257.010(3).
(15) "Concentration point" or "assembly
point" means any place where livestock or poultry are assembled or commingled
together by any person using any method or vehicle for sale, resale, or
barter.
(16) "Cull pig" means a pig
that does not pass a veterinary inspection for health.
(17) "Department" is defined by
KRS
246.010(3).
(18) "EID" means a device electronically
encoded with a unique identification and meeting the applicable International
Standards Organization (ISO) standards.
(19) "Equine Infectious Anemia test
certificate" or "EIA test certificate" means a federal or state-approved form
for recording the identification of the animal, the test results, and the
testing laboratory.
(20) "Equine
Interstate Event Permit" means an official document issued by a State
Veterinarian, Chief Animal Health Official, or an authorized representative of
a state participating in a mutual agreement with Kentucky that meets specific
requirements for CVI information and EIA testing.
(21) "Exhibition" means a fair, show,
exposition, rodeo, competition, or trail ride.
(22) "Exotic" means any animal or disease
that is not known to exist naturally in Kentucky.
(23) "Feral" means an animal that:
(a) Was previously domestic; and
(b) Now lives without supervision, control
by, or dependence on humans.
(24) "Garbage" means all animal and vegetable
waste resulting from the handling, preparation, consuming, and cooking of food;
unconsumed food in all public and private establishments and residences; and
the offal and carcasses of dead animals, poultry, and fish or parts
thereof.
(25) "Graded" means
grouping of animals for sale purposes.
(26) "Group or lot identification number"
means a unique identifier number for a group or lot of animals moved through
the production chain as a group.
(27) "Interstate" means movement into or
through any other state.
(28)
"Intrastate" means movement solely within the boundaries of the Commonwealth of
Kentucky.
(29) "Licensed
veterinarian" means a graduate veterinarian approved by a state licensing
board.
(30) "Livestock" is defined
by
KRS
246.010(8) and
257.010(8).
(31) "Menagerie animal" means a domestic or
nondomestic animal kept individually or as part of a collection primarily for
purposes of exhibition or competition.
(32) "Movement" means the act of moving,
shipping, transporting, delivering, receiving, or collecting animals by any
means, method, or vehicle by any person for any purpose.
(33) "National poultry improvement plan" or
"NPIP" is defined by
KRS
257.010(10).
(34) "Office of State Veterinarian" or "OSV"
means that section of the Kentucky Department of Agriculture that implements
the provisions of 302 KAR Chapter 20.
(35) "Official calfhood vaccinate" means a
female bovine vaccinated with an approved Brucella vaccine as specified in the
vaccination protocol set forth by 9 C.F.R. Part 78 .
(36) "Owner" is defined by
KRS
257.010(11).
(37) "Person" means any individual, firm,
association, partnership, or corporation.
(38) "Pet bird" means any member of avian
species other than poultry that is kept in confinement.
(39) "Poultry" is defined by
KRS
257.010(12).
(40) "Premises" is defined by
KRS
257.010(13).
(41) "Premises Identification Number" or
"PIN" means a unique identifier issued by the USDA APHIS VS or by a state
animal health agency that identifies a location where livestock or poultry are
held or commingled.
(42)
"Psittacine" means of or belonging to the family Psittacidae, which includes
parrots, macaws, and parakeets.
(43) "Recognized slaughtering center" means a
slaughtering establishment approved in accordance with
21
U.S.C. 601-695
and 9 C.F.R. Part 77 where slaughtering facilities are provided and to which
animals are regularly shipped and slaughtered.
(44) "Service dog" means a dog with special
training to assist persons with vision, hearing, or other physical or mental
disability.
(45) "State-federal
approved stockyard" means a stockyard which complies with 9 C.F.R. Part 71 and
302 KAR 20:070 for
specific movements of livestock and which has been approved by the chief animal
health official and area veterinarian in charge.
(46) "State veterinarian" means the chief
animal health official of the Kentucky Department of Agriculture or an
authorized representative.
(47)
"Stockyards" is defined by
KRS
261.200(4).
(48) "Telemarketing" means an electronic form
of marketing animals regulated by the Kentucky Department of Agriculture,
Office of Agriculture Marketing and Product Promotion.
(49) "USDA APHIS VS" means the United States
Department of Agriculture, Animal Plant and Health Inspection Service,
Veterinary Services.
(50) "Wild"
means an animal that:
(a) Has a phenotype
unaffected by human selection; and
(b) Lives independent of direct human
supervision or control.
1 Ky.R. 737; eff.
5-14-75; Am. 4 Ky.R. 52; eff. 11-2-77; 8 Ky.R. 157; eff. 10-4-81; 12 Ky.R. 220;
eff. 9-10-85; 21 Ky.R. 1917; 2479; eff. 4-6-95; 28 Ky.R. 2427; 29 Ky.R.2089;
eff. 2-16-03; 34 Ky.R. 277; 773; 1398; eff. 12-12-07; Crt eff.
2-18-2020.