Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS Chapter 257, 261,
9 C.F.R.
71.10,
71.11,
71.12,
71.19,
86
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
257.020(3) requires the
Board of Agriculture to prevent, control, and eradicate any communicable
disease of livestock.
KRS
257.030(4) authorizes the
board to promulgate administrative regulations necessary to administer any
provision of KRS Chapter 257. This administrative regulation establishes
operational procedures for all stockyards relative to disease control.
Section 1. General Requirements.
(1) All stockyards shall apply annually, on
or before July 1, to the Office of the State Veterinarian (OSV) for a license
to operate in accordance with KRS Chapter 261, by submitting the form
Application for Kentucky Stockyard Approval.
(2) All stockyards shall be maintained in a
workable and sanitary condition. Stockyards shall be inspected as required by
the OSV, based on sanitation and safety.
(3) After an occurrence of any infectious,
contagious, parasitic, or communicable disease of livestock in a stockyard,
exposed facilities capable of transmitting disease shall be cleaned and
disinfected according to
9 C.F.R.
71.10,
71.11,
and
71.12,
and at the direction and under the supervision of the OSV.
(4) Livestock found to be infected and
showing clinical or diagnostic symptoms of an infectious, contagious,
parasitic, or communicable disease shall, upon recommendation of the market
veterinarian or representative of the OSV, be quarantined in an isolated
portion of the yards for treatment, additional diagnostic laboratory
procedures, disposition to slaughter, or other disposition pursuant to accepted
methods of disease prevention and control.
(5) All livestock originating from a
quarantined herd or premises shall be sold only with specific written approval
from the OSV, for immediate slaughter.
(6) A bill of sale or other document showing
the number of livestock, purchaser, and physical description shall be given to
the purchaser. The purchaser shall be responsible for providing any necessary
documentation required for movement to the entity hauling livestock away from
the facility.
(7) It is the
responsibility of the seller to document and identify livestock prior to the
sale as if they are moving under 9 C.F.R. 86. This shall include official
identification for all sexually intact cattle over eighteen (18) months of age,
and diary heifers. Sellers may elect to have the stockyards perform these
requirements at the expense of the seller.
(8) Stockyards shall submit to the OSV a
Stockyards Multipurpose Form within seven (7) calendar days of a sale.
Beginning January 1, 2021 the Stockyards Multipurpose Form or the contents
therein shall be submitted to the OSV electronically as an excel or other
importable format.
(9) The person
operating a stockyard shall provide separate pens for isolating animals classed
as reactors to brucellosis or any contagious, infectious, or communicable
disease.
(a) The pens shall be permanently
identified as isolation or quarantine pens, and these words shall be legibly
and prominently posted on the pen gates.
(b) The pens shall be constructed so as to
facilitate easy cleaning and disinfecting after each use.
(c) The pens shall have concrete floors and
complete walls with no fences or gates to permit contact with adjacent
animals.
(d) Any watering troughs
or feed bunks in the isolation or quarantine pens shall be located so that no
other livestock in the market can access them at any time.
(e) All diseased animals shall be yarded in
the isolation or quarantine pens and shall be sold last.
(f) The animals shall be identified as
reactors or diseased animals on the invoices of both the buyer and the
seller.
(g) The isolation or
quarantine pens shall not be used at any time except for known or suspected
contagious, infectious, or communicable disease reactors, or diseased
animals.
(h) Livestock from these
pens shall move directly to a recognized slaughter establishment or to any
place that is requested and authorized by the OSV in writing.
(i) Isolation, or quarantine pens may be used
if necessary and if prior approval for the use of the pens has been obtained
from an agent of the OSV. Temporary pens shall be identified as isolation or
quarantine pens as provided in this section.
(10) The owner operating a stockyard shall
provide adequate space, utilities, hot water, and assistance for the market
veterinarian to carry out the provisions of this administrative regulation. All
licensed Kentucky livestock markets shall comply with this subsection to assist
the market's official market veterinarian. This space shall:
(a) Be constructed and equipped so as to be
maintained at room temperature (normal working temperature) in both summer and
winter (i.e., heaters and air conditioners);
(b) Contain a sink with hot and cold running
water;
(c) Be equipped with a
refrigerator in good working condition;
(d) Be constructed so that the market
veterinarian shall have sufficient space and privacy to conduct the required
tests and fill out the associated records and forms;
(e) Be constructed so that it can be kept
clean easily and locked at all times if not in use;
(f) Contain a work counter and sufficient
shelf space, cabinets with locks, and storage space to keep forms, ear tags,
and other supplies as required by the official market veterinarian in carrying
out his or her duties;
(g) Be
supplied with adequate artificial light. The electrical wiring shall be
adequate to carry at a minimum a centrifuge, electrical refrigerator, and
cooling facility and have at least two (2) additional electrical outlets;
and
(h) Be located so as to be
convenient for the public and the veterinarian while conducting his or her
duties as the official market veterinarian.
(9) The owner or operator shall provide and
maintain one (1) or more cattle chutes suitable for restraining animals for
inspection of any infectious, contagious, or parasitic condition, testing,
tagging, branding, and other procedures routinely required in providing
livestock sanitary services and identification for movement at
stockyards.
Section 2. A Stockyard Must Employ a Market
Veterinarian. The owner or manager operating a stockyard shall arrange for an
USDA accredited, Kentucky licensed veterinarian, approved by the State
Veterinarian, to be available to carry out the provisions of this
administrative regulation.
(1) A veterinarian
seeking to be designated as an official market veterinarian shall submit a
completed form Responsibilities of the Market Veterinarian form.
(2) The official market veterinarian shall be
responsible for providing a replacement veterinarian, approved by the State
Veterinarian, if he or she finds it necessary to be absent from the
market.
(3) The failure or neglect
to properly perform any of the responsibilities and duties of the official
market veterinarian shall be cause for termination.
(4) The stockyard shall not conduct a sale
without an approved official market veterinarian.
Section 3. Veterinary Compensation. The fees
shall be deducted from the seller's check or added to the buyer's check,
depending upon conditions of sale, and shall be paid to the market
veterinarian. Any deductions shall be printed on the sales documents.
Section 4. Veterinary Duties. The market
veterinarian, in cooperation with a representative from the department, shall:
(1) Be available to inspect livestock to
clarify the health status of the animals and to qualify the animals for
interstate movement;
(2) Collect
blood and tissue samples and submit samples to a state-federal approved
laboratory to qualify animals for movement as required;
(3) Visually inspect livestock for clinical
signs of a contagious, infectious, or communicable disease prior to the
sale;
(4) Report the presence of
any animal showing symptoms suggestive of a reportable disease or any other
disease that could cause animals to become infected or exposed to a
communicable livestock disease;
(5)
Forward copies of all forms to the Office of the State Veterinarian. All
official forms, certificates, or documents shall be dated and signed by the
agent of the market. An official document shall not be presigned by any
veterinarian under any circumstance;
(6) Prevent the transmission of infectious
agents to livestock; and
(7) Not
resign market duties without written notice to the sale company and the State
Veterinarian's office at least ten (10) days prior to resignation.
Section 5. Records Required. The
owner or operator shall maintain records of the seller and purchasers of all
livestock for at least five (5) years. These records shall be made available to
OSV representatives for inspection upon request during regular business hours.
Section 6. Swine Requirements. A
qualifying stockyard shall select designation as either an all class swine
market or a slaughter only market at the time of application.
(1) All class swine stockyards shall:
(a) Maintain well-constructed pens and swine
handling facilities that are clean and in good repair;
(b) Provide pens surfaced with impervious
material for holding and handling all swine;
(c) Provide, well-lighted facilities for
inspection and proper restraint;
(d) Clean and disinfect handling and holding
pens and alleys after being used by each lot of swine. Procedures for cleaning
and disinfecting shall be performed according to
9 C.F.R.
71.10,
71.11,
and
71.12;
(e) Maintain records of origin and the buyer
for all swine entering market and grant federal and state inspectors access to
the records. Identification as to farm where farrowed shall be maintained for
all feeder pigs and breeding stock and all slaughter swine, which may be
diverted for purposes other than slaughter. Records shall be maintained for at
least five (5) years;
(f) Place
feeding and breeding swine in pens separate and apart from slaughter
swine;
(g) Deliver sine designated
for slaughter directly to an approved slaughter establishment with no diversion
en route. The stockyard shall record the name and information of the slaughter
facility destination. All swine exiting the stockyard shall require official
identification as required in
9 C.F.R.
71.19. The stockyard shall record the owner
and premises of destination information; and
(h) Not permit feeder pigs or breeding swine
to remain in the market more than seventy-two (72) hours.
(2) Slaughter swine stockyards
(a) Swine moving interstate to the stockyard
shall be identified in accordance with 9 C.F.R. Part 71 .
(b) Slaughter swine stockyards shall maintain
well-constructed pens and swine handling facilities that are clean and in good
repair.
(c) Slaughter swine
stockyards shall maintain records of origin and destination for all swine
entering market and grant federal and state inspectors access to the records.
Records shall be maintained for at least one (5) year.
(d) Slaughter swine stockyards shall isolate
all swine suspected of being affected with or exposed to an infectious disease,
promptly notify the state or federal agency, and hold the swine in isolation
pending instructions on disposition.
(e) Slaughter swine stockyards shall clean
and disinfect holding and handling pens, alleys, and other facilities used in
selling swine according to
9 C.F.R.
71.10,
71.11,
and
71.12.
(f) Swine entering onto the stockyards
premises shall be only for slaughter, and swine shall not be permitted to leave
the stockyard premises for any purpose other than slaughter.
(g) All swine shall be delivered directly to
an approved slaughter establishment with no diversion en route, except for
swine designated as farm slaughter. The stockyard shall record the name and
information of the slaughter facility destination.
(h) The number of swine purchased for farm
slaughter for family consumption only shall not exceed six (6) head of animals
per premises within twelve (12) months.
(i) Farm slaughter swine shall not be
commingled with other swine on the purchaser's premises.
(j) The purchaser of farm slaughter swine
shall document slaughter of animals within seven (7) days of purchase. This
record shall be made available to the OSV upon request.
(k) All swine exiting the stockyard shall
require official identification as required in
9 C.F.R.
71.19. The stockyard shall record the owner
and premises of destination information.
Section 7. Sheep and Goat Requirements.
(1) All sheep and goats shall be required to
be tagged with an Official Scrapie Tag prior unloading into the stockyards
facility.
(2) All sheep or goats
that are that show evidence of an infectious, contagious, communicable, or
parasitic disease shall be moved only with permission of the OSV.
Section 8. Horse Requirements. All
equine presented shall require a valid CVI and a negative Equine infectious
anemia test prior to entering the stockyards premises.
Section 9. Material Incorporated by
Reference.
(1) The following material is
incorporated by reference:
(a) "Application
for Kentucky Stockyard Approval", 2020;
(b) "Stockyards Multipurpose Form",
2020
(c) "Responsibilities Of The
Market Veterinarian", 2020; and
(d)
"Owner-Shipper Statement", 2020.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky Department of
Agriculture, Division of Animal Health, 111 Corporate Drive, Frankfort,
Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
257.020,
257.030