Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
257.070(2),
9 C.F.R.
71.10
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
257.070 requires that importation of animals
into Kentucky complies with administrative regulations promulgated by the
board. This administrative regulation establishes requirements for entry into
Kentucky to prevent the introduction and spread of avian influenza virus into
Kentucky domestic poultry.
Section 1.
Definitions.
(1) "AGID" means Agar Gel
Immunodiffusion.
(2) "Clean and
disinfected" means the item is free of organic matter and is disinfected with a
phenolic or chlorine-based disinfectant or other agent, approved in
9 CFR
71.10, that is viricid-al to avian influenza
virus.
(3) "Domestic poultry" means
chickens, turkeys, quail, pheasants, chukars, peafowl, guineas, ratites, and
waterfowl.
(4) "ELISA" means Enzyme
Linked Immunosorbent Assay.
(5)
"Flock affected with low pathogenic avian influenza" means the subtype H5 or H7
low pathogenic avian influenza virus has been diagnosed in that
flock.
(6) "Low pathogenic avian
influenza" means the detection of subtype H5 or H7 low pathogenic avian
influenza virus by serology, antigen detection, or virus isolation.
(7) "NPIP" means National Poultry Improvement
Plan.
(8) "Poultry products" means
hatching eggs, chicks, poults, table eggs, litter, and offal, except for
processed poultry meat for human consumption.
(9) "State affected with low pathogenic avian
influenza" means low pathogenic avian influenza virus has been diagnosed
anywhere within the state in chickens or turkeys raised intensively for
commercial purposes. A state shall be considered to remain affected with low
pathogenic avian influenza until the state has depopulated infected flocks and
had no new infection for at least ninety (90) days after
depopulation.
Section 2.
Live domestic poultry or poultry products originating from any flock affected
with low pathogenic avian influenza, including noncommercial poultry, shall not
enter Kentucky for any purpose.
Section
3.
(1) Unfed baby chicks or
hatching eggs from states affected with low pathogenic avian influenza,
including noncommercial poultry, shall enter Kentucky only under the following
circumstances:
(a) The unfed baby chicks or
hatching eggs originate from a flock that is certified avian influenza clean
from the NPIP, with the flock testing negative within thirty (30) days prior to
chicks or eggs entering Kentucky, and the shipment is accompanied by a USDA VS
Form 9-3 listing test dates, test results, and name of testing
laboratory;
(b) The unfed baby
chicks or hatching eggs originate from an avian influenza negative flock that
participates in an approved state sponsored avian influenza monitoring program,
with the flock testing negative within thirty (30) days prior to chicks or eggs
entering Kentucky, and the shipment is accompanied by a Certificate of
Veterinary Inspection indicating participation and listing the general
description of the birds, test dates, test results, and name of testing
laboratory; or
(c) The unfed baby
chicks or hatching eggs originate from a flock in which a minimum of thirty
(30) birds, or the complete flock if fewer than thirty (30), are serologically
negative to an ELISA or AGID test for avian influenza within thirty (30) days
prior to chicks or eggs entering Kentucky. If more than one (1) house or pen is
on the premises, samples from poultry in each house or pen shall be represented
in the tests. The shipment shall be accompanied by a Certificate of Veterinary
Inspection listing the general description of the birds, test dates, test
results, and name of testing laboratory.
(2) All source flocks supplying a hatchery or
collection point shall comply with this section in order for any unfed baby
chicks or hatching eggs from that hatchery or collection point to be shipped
into Kentucky.
(3) Upon
confirmation of health requirements and prior to entry into Kentucky, a permit
number shall be issued by the Kentucky Department of Agriculture by calling
(502) 564-3956, Monday through Friday, 8 a.m. to 4:30 p.m. The permit number
shall be recorded on the USDA VS Form 9-3 or the Certificate of Veterinary
Inspection.
Section 4.
Chicks, poults, or hatching eggs originating from a hatchery or collection
point that received eggs from a low pathogenic avian influenza flock shall not
enter Kentucky unless:
(1) All eggs from the
flocks affected with low pathogenic avian influenza have been removed from the
hatchery or collection point;
(2)
Following removal of the eggs from the affected flock, the hatchery or
collection point and associated equipment, containers, and vehicles have been
thoroughly cleaned and disinfected; and
(3) A statement from the owner, manager, or
agent verifying compliance with the requirements of this section is included on
or attached to the USDA VS Form 9-3 or Certificate of Veterinary
Inspection.
Section 5.
(1) Chicks, poults, or hatching eggs entering
Kentucky from states affected with low pathogenic avian influenza shall be
transported in new disposable containers or reusable containers that have been
cleaned and disinfected.
(2) A
statement from the owner, manager, or agent verifying compliance the
requirement of subsection (1) of this section shall be included on or attached
to the USDA VS Form 9-3 or the Certificate of Veterinary Inspection.
(3) Disposable containers and any associated
papers with the shipment shall be properly disposed at the point of
destination.
(4) Reusable
containers shall be cleaned and disinfected a second time at the point of
destination.
Section 6.
Live poultry and poultry products, except unfed baby chicks and hatching eggs,
from states affected with low pathogenic avian influenza may enter Kentucky
only under the following circumstances:
(1) A
minimum of thirty (30) birds representative of the flock are serologically
negative to an ELISA or AGID test for avian influenza within 120 hours of entry
and a minimum of ten (10) birds (two (2) pools of five (5) birds each)
representative of the flock are tested negative on tracheal swabs to a
Directigen test within seventy-two (72) hours of entry. If more than one (1)
house or pen is on the premises, samples from poultry in each house or pen
shall be represented in the tests. The shipment shall be accompanied by a
Certificate of Veterinary Inspection listing the general description of the
birds, test dates, test results, and name of testing laboratory; and
(2) Upon confirmation of health requirements
and prior to entry into Kentucky, a permit number shall be issued by the
Kentucky Department of Agriculture by calling (502) 564-3956, Monday through
Friday, 8 a.m. to 4:30 p.m. The permit number shall be recorded on the
Certificate of Veterinary Inspection.
Section 7. Poultry originating from Kentucky
that have been transported to a state that is affected with low pathogenic
avian influenza shall not return to Kentucky until the time that they have met
the requirements established in Section 6 of this administrative
regulation.
Section 8.
(1) All vehicles associated with transporting
poultry or poultry products from states affected with avian influenza shall be
cleaned and disinfected prior to loading of poultry or poultry
products.
(2) Loaded vehicles shall
also have tires, wheels, and undercarriage cleaned and disinfected a second
time after leaving the premises and prior to entering Kentucky.
(3) Vehicles used to transport poultry or
poultry products that are empty shall be completely cleaned and disinfected
inside and outside prior to entering Kentucky.
(4) A statement from the owner, manager, or
agent verifying compliance with the requirements of this section shall be
included on or attached to the USDA VS Form 9-3 or the Certificate of
Veterinary Inspection, if the documents are required by Sections 3 to 6 of this
administrative regulation.
Section
9. If the Kentucky Department of Agriculture determines that a
state affected with low pathogenic avian influenza poses a risk to Kentucky
poultry, then the department may restrict the entry of poultry into Kentucky
for the purpose of being offered for sale, barter, exchange, or exhibition in
any auction market, marketplace, fair, show, or other event where live poultry
are customarily assembled in Kentucky from multiple sources.
Section 10. Penalties for any violation of
this administrative regulation shall be in accordance with
KRS 257.990.
Section 11. Incorporation by Reference.
(1) "United States Department of Agriculture,
Animal and Plant Health Inspection Service, National Poultry Improvement Plan'
Report of Sales of Hatching Eggs, Chicks, and Poults', Form VS 9-3, June, 1998"
is incorporated by reference.
(2)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the office of the Department of Agriculture, Office of State
Veterinarian, 100 Fair Oaks, 2nd Floor, Frankfort, Kentucky 40601, Monday
through Friday, 8 a.m. to 4:30 p.m.
29 Ky.R. 592; Am.
1265; eff. 11-13-02; Crt eff. 2-18-2020.
STATUTORY AUTHORITY:
KRS 257.030,
257.070(1)