Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 150.730-150.735,
246.030(4),
257.020,
257.030,
257.080,
257.990, Chapter 321, 9
C.F.R. 55,
81.4,
161.1-161.4
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
150.720(1),
246.295(1),
and
257.550
require the Department of Agriculture, in cooperation with the Department of
Fish and Wildlife Resources, to promulgate administrative regulations
pertaining to health requirements, eradication of diseases, and identification
of privately owned and farm-raised cervids maintained for the production of
meat and other products. This administrative regulation establishes criteria
and health requirements necessary to prevent the introduction of chronic
wasting disease into Kentucky and develop a herd monitoring system, and
establishes requirements for intrastate and interstate movement of farmed
cervids.
Section 1. Definitions.
(1) "Adjacent herd" means: A herd of cervids
occupying premises that shares a border or boundary line with premises occupied
by a chronic wasting disease positive herd, including herd separated by a road
or stream; and
(2) "Animal
identification number" or "AIN" means a numbering system for the official
identification of individual animals in the United States that provides a
nationally unique identification number for each animal. The AIN consists of
fifteen (15) digits, with the first three (3) being the country code (either
840 for the United States at large or a unique code for any U.S. territory that
elects to use it in place of the 840 code).
(3) "APHIS" means the Animal and Plant Health
Inspection Service of the United States Department of Agriculture.
(4) "Approved laboratory" means the National
Veterinary Service Laboratory in Ames, Iowa, or any other laboratory approved
by the APHIS.
(5) "Certificate of
Veterinary Inspection" or "CVI" means an official document, on a form approved
by the chief animal health official of the state of origin or by USDA APHIS
Veterinary Services for verification of veterinary inspection that is issued by
a licensed and accredited veterinarian.
(6) "Certified" means the status achieved by
a herd that has met the standards of the Chronic Wasting Disease Herd
Certification Program continuously for at least five (5) years.
(7) "Certified Chronic Wasting Disease (CWD)
Herd" or "herd" means a group of cervids under common ownership or supervision
that has achieved "certified" status in the Kentucky Herd Certification
Program, the federal Chronic Wasting Disease Herd Certification Program, or a
state Chronic Wasting Disease Certification Program approved by APHIS or the
State Veterinarian.
(8) "Cervid"
means deer, elk, moose, caribou, reindeer, and related species and hybrids
thereof, including all members of the Cervidae family and hybrids
thereof.
(9) "Cervid Chronic
Wasting Disease Surveillance and Identification" or "CCWDSI" means the:
(a) Chronic Wasting Disease HCP;
and
(b) Chronic Wasting Disease
HMP.
(10) "Cervid Herd
Plan" means a written herd management agreement or premises management
agreement:
(a) Developed by OSV in
collaboration with the herd owner to address compliance issues within a HCP or
HMP herd; or
(b) That establishes
the steps needed to eradicate CWD from a CWD positive herd, to control the risk
of CWD in a CWD exposed or CWD-suspect herd, or to prevent introduction of CWD
into that herd or any other herd.
(11) "Chronic Wasting Disease" or "CWD" means
a transmissible spongiform encephalopathy of cervids.
(12) "Farmed cervid":
(a) Means cervid livestock that are enrolled
in a CCWDSI program and are maintained for propagation, selling, trade, or
barter or for taking by any harvest or slaughter method; and
(b) Does not mean any cervid that has not
originated from and been continuously maintained within a herd that is enrolled
in and complies with a HCP or HMP.
(13) "Exposed" means a cervid that is part of
a CWD positive herd, or that has been exposed to a CWD-positive cervid or
contaminated premises within the previous five (5) years.
(14) "Harvest" means to slaughter or take by
hunting farmed cervids for meat and other products.
(15) "Herd Certification Program" or "HCP"
means a program established by this administrative regulation to determine the
CWD status of farmed cervid herds.
(16) "Herd Monitoring Program" or "HMP" means
a program established by this administrative regulation to monitor farmed
cervids in harvesting facilities for CWD.
(17) "Identification" means a device or means
of identification approved for use under this administrative regulation by the
State Veterinarian.
(18)
"Interstate movement" means movement from another state into or out of
Kentucky.
(19) "Intrastate
movement" means movement solely within the boundaries of Kentucky.
(20) "Move" means to carry, enter, import,
ship, or transport; to aid, abet, cause, or induce carrying, entering,
importing, mailing, shipping, or transporting; to offer to carry, enter,
import, mail, ship, or transport; to receive in order to carry, enter, import,
mail, ship, or transport; or to allow any of these activities.
(21) "National Uniform Eartagging System" or
"NUES" means a numbering system for the official identification of individual
animals in the United States that provides a nationally unique identification
number for each animal that is USDA approved.
(22) "Office of State Veterinarian" or "OSV"
means that office within the Kentucky Department of Agriculture as established
in
KRS
246.030(4).
(23) "Official Chronic Wasting Disease test"
or "CWD test" means any test for the diagnosis of Chronic Wasting Disease
approved by APHIS and conducted in a laboratory approved by APHIS in accordance
with 9 C.F.R. Part 55 .
(24)
"Official eartag" means an identification tag approved by APHIS that bears an
official identification number for individual animals. Beginning March 11,
2014, all official eartags manufactured bear an official eartag shield.
Beginning March 11, 2015, all official eartags applied to animals bear an
official eartag shield. The design, size, shape, color, and other
characteristics of the official eartag depend on the needs of the users,
subject to the approval of the USDA Administrator. The official eartag is
tamper-resistant and has a high retention rate in the animal.
(25) "Official identification number" means a
nationally unique number that is permanently associated with a cervid and
complies with:
(a) National Uniform
Eartagging System (NUES);
(b)
Animal Identification Number (AIN); or
(c) Any other numbering system approved by
the Administrator for the official identification of animals, including a group
identification number.
(26) "Owner" is defined by
KRS
257.010(14).
(27) "Person" means any individual,
corporation, company, association, firm, partnership, society, joint stock
company, or other legal entity.
(28) "Physical inventory" means an inventory
that confirms individual identification of each cervid by hands on observation
to include physical or chemical restraint as needed.
(29) "Positive" means a cervid has had a
diagnosis of CWD confirmed by means of two (2) official CWD tests.
(30) "Premises identification number" or
"PIN" means a nationally unique number allocated to a premises by a state or
federal animal health official and:
(a) Is
used in conjunction with a producer's own livestock production numbering system
to provide a nationally unique and herd-unique identification number for an
animal; and
(b) Is the number
system permitted by the state of origin specifically as a CWD program
site.
(31) "Quarantine"
means an imposed restriction prohibiting movement of live or dead cervids, or
parts thereof, to any location without specific written approval of the State
Veterinarian.
(32) "Radio Frequency
Identification Device" or "RFID" means a device electronically encoded with a
unique identification and that complies with the applicable International
Standards Organization (ISO) standards and that bears the visual
number.
(33) "State" means any
state of the United States, the District of Columbia, Puerto Rico, the U.S.
Virgin Islands, or Guam.
(34)
"USDA" means the United States Department of Agriculture.
(35) "USDA-accredited veterinarian" means a
veterinarian accredited by the USDA as category II in accordance with the
provisions of
9
C.F.R. 161.1 to
161.4,
and licensed to practice veterinary medicine in their home state.
(36) "Visual inventory" means an inventory
done when distance observation of identification of identification devices is
possible.
Section 2. All
Farmed Cervids Shall Be in a Program. Every farmed cervid in Kentucky shall be
enrolled in either the Chronic Wasting Disease Herd Certification Program or
the Chronic Wasting Disease Herd Monitoring Program.
Section 3. Required CWD program Training.
(1) Prior to initial enrollment in a CWD
program, a minimum of one (1) hour initial educational training provided by the
OSV shall be completed.
(2)
Supplemental trainings provided by OSV shall be required when there is a change
in Chronic Wasting Disease prevalence, change in Kentucky program
administrative regulations, or a change in USDA CWD program standards, or any
other time deemed necessary by the State Veterinarian to prevent the spread of
disease. Notice for any additional training shall be provided at least thirty
(30) days in advance of the date.
(3) All persons with a HCP or HMP permit at
the date this administrative regulation becomes effective shall complete an
educational training for one (1) hour prior to their renewal for the following
year.
Section 4. Chronic
Wasting Disease Herd Certification Program (HCP).
(1) A HCP permit shall be required to
participate in the HCP program. A HCP permit shall be valid from January 1 to
December 31 of each year, regardless of the date of application or enrollment.
(a) The applicant for the HCP shall submit:
1. A complete Cervid Chronic Wasting Disease
Surveillance Identification (CCWDSI) Herd Certification Program (HCP) or Herd
Monitoring Program (HMP) Application;
2. A written statement by a Kentucky-licensed
and USDA accredited veterinarian certifying that the veterinarian and the herd
owner have a valid veterinarian-client-patient relationship; and
3. An initial fee of $150. Renewal fees the
next year are described in subsection (2) of this section.
(b) The OSV shall grant a HCP permit within
thirty (30) days after it receives the completed application package with the
required fee. Incomplete applications or insufficient fees shall be returned to
the applicant without approval. The OSV shall not approve any application if
the applicant owes fees or fines to the KDA.
(c) A HCP participant whose permit expires
prior to renewal shall be subject to the penalties established in Section 19 of
this administrative regulation.
(2) Annual HCP permit renewal required. Fees
shall be based on the officially tagged inventory submitted in paragraph (e) of
this subsection. Renewal applicants shall:
(a)
Submit a complete Cervid Chronic Wasting Disease Surveillance Identification
(CCWDSI) Herd Certification Program (HCP) or Herd Monitoring Program (HMP)
Application by November 30 of each year;
(b) Pay a fee of $135 for herds up to fifty
(50) cervids, $250 for herds between fifty-one (51) and 100, or $450 for herds
containing more than 101 cervids, for applications submitted prior to December
1, preceding the applicable permit year;
(c) Pay a fee of $150 for herds up to fifty
(50) cervids, $275 for herds between fifty-one (51) and 100, or $500 for herds
containing more than 101 cervids, for applications submitted between December 1
and December 31, preceding the applicable permit year;
(d) Pay a fee of $250 for herds up to fifty
(50) cervids, $375 for herds between fifty-one (51) and 100, or $600 for herds
containing more than 101 cervids, for applications submitted late, January 1
and after of the applicable permit year; and
(e) Submit a current herd inventory as of the
time of application submission, and the most recent reporting documents due to
the OSV as required in subsection (3)(c) of this section if not already on file
with the OSV.
(3) HCP
Requirements.
(a) Herds enrolled in this
program shall comply with the requirements established in this section and 9
C.F.R. Part 55 , Subpart B, and shall follow the USDA Chronic Wasting Disease
Standards, and the RFID official identification requirements of Section 8.
1. After an initial permit is issued, the
participant shall enroll the herd into the HCP by obtaining movement permits
for those cervids moving into the premises. Any additions subsequent to the
initial delivery shall be recorded and submitted according to the other
timelines established in this administrative regulation.
2. After the first year in the HCP, the
participant shall:
a. Conduct the physical
inventory and continuously identify cervids as required;
b. Provide any records required by this
administrative regulation to the OSV for the cervids; and
c. Maintain and complete the provisions of
this administrative regulation and a Cervid Herd Plan, if developed.
(b) Cervid
identification requirement.
1. Each cervid
shall have at least two (2) forms of cervid identification prior to or at the
time of the annual herd inventory, one (1) of which shall be a RFID official
identification and one (1) form shall be a visual type of identification, both
of which shall be unique to that cervid within the herd.
2. A cervid of any age shall have official
identification before being moved from the premises for any purpose.
(c) Cervid inventory.
1. The baseline herd inventory shall consist
of the cervids that were delivered initially after program
enrollment.
2.
a. An annual herd inventory shall be
conducted that reviews all records and includes observation of all cervids in
an enclosed area, including physical restraint if necessary, to reconcile all
visible identification devices with available records. This required inventory
shall be conducted in January, February, March, or April.
b. Beginning May 1, the herd shall be placed
in quarantine and no movement shall be permitted until the physical inventory
is completed for those herds not completing a physical inventory January,
February, March, or April.
3. The state veterinarian or an APHIS
representative may request additional physical inventories to verify herd
compliance with program standards.
4. The owner shall be responsible for
assembling, handling, and restraining the cervids, and for all risks and costs
incurred, to present the cervids for visual or physical inspection.
5. Additional herd inventory record
inspections and reviews shall be conducted quarterly at the cervid premises or
at another location mutually agreed to by the owner and the OSV.
(d) Herd Additions.
1. New cervids shall be introduced into the
herd only from other herds enrolled in the Kentucky HCP, or from a herd in a
state, approved by the OSV, with an USDA-approved CWD Certification Program in
which CWD has never been confirmed.
2. New cervids shall not be introduced into
the herd unless it has been approved by the State Veterinarian.
3. If cervids are introduced from a herd of
lower status, the receiving herd status shall revert to the lower
status.
(e) HCP
Reporting requirements. The owner shall report to OSV any cervids that escape
or disappear and all deaths (including cervids killed by harvest or slaughter)
of cervids in the herd.
1. The reporting time
frame shall be:
a. For cervids that escape or
disappear, a report shall be made within forty-eight (48) hours;
b. For cervids taken by harvest, a report
shall be submitted within seven (7) days; and
c. For cervids that die from illness or any
other reason, a report shall be submitted within seven (7) days.
2. The report shall include all
applicable identification numbers, including the visual tag and the date of the
death, disappearance, or escape.
3.
Cervids that die or are harvested shall have the required tissue specimens
collected and submitted for Chronic Wasting Disease testing except if exempted
in writing by request to, and approval of, the OSV. Exemptions shall only be
granted in extenuating circumstances, such as natural disaster or a disease
event.
4. An APHIS or OSV
representative shall investigate herds that fail to comply with testing
requirements and shall evaluate the herd's status.
5. Cervid escapes return protocol.
a. Cervids that escape may be returned to the
herd only if:
(i) Within seventy-two (72)
hours, the cervids are re-captured and the fence is repaired and secured to
prevent further escape and meet the requirements established by Kentucky
Department of Fish and Wildlife Resources in
301
KAR 2:083. Any cervid recaptured after seventy-two
(72) hours shall be introduced back into the heard only with written permission
of the OSV; and
(ii) Within seven
(7) days of initial escape, an updated inventory is provided to the OSV
representative in writing.
b. An OSV representative may require physical
inspection of cervids to confirm inventory.
(f) Herd Veterinarian Notice Requirement. The
herd veterinarian shall be notified within twenty-four (24) hours of observance
of a cervid with clinical signs suggestive of Chronic Wasting
Disease.
(g) An owner maintaining
separate herds shall comply with the separate-herd requirements established in
9 C.F.R.
55.23.
(h) The herd premises shall have a valid
Kentucky Department of Fish and Wildlife Resources permit and shall maintain
perimeter fencing meeting the requirements established in
KRS
150.730 through
150.735.
(i) The owner shall maintain and provide to
the OSV representative upon request the following herd records:
1. Complete inventory of cervids including
the official identification and any other identification, and the age and sex
of each cervid;
2. A record for
each purchased or natural addition to the herd including:
a. The official identification, species, age,
and sex of the cervid;
b. The name
and address of the person from whom the cervid was purchased;
c. The address of the herd from which the
cervid was purchased;
d. A copy of
the CVI that accompanied the cervid for intrastate or interstate
movement;
e. Date the purchased
addition entered the herd; and
f.
Approximate date of birth, if a natural addition;
3. A record of each cervid leaving the herd,
including:
a. The date of movement, the name
of the person to whom it was shipped, the place to which it was shipped, and a
copy of the Certificate of Veterinary Inspection related to the shipment;
and
b. A cervid's death or harvest
on the premises, including the date of death, the apparent cause of death; the
cervid's age, sex, and state-federal official individual cervid identification;
date and laboratory submitted for CWD testing, if required; and the disposition
of the cervid's carcass. If the carcass was removed from the premises, the
record shall identify the carcass' destination and recipient;
4. A record of all individual CWD
tests that were conducted on cervids in the herd;
5. Records received from the herd
veterinarian related to the veterinary services he or she provided to the herd;
and
6. All individual
identification numbers (from, for example, tags and electronic implants)
associated with each cervid.
(j) Herd status levels.
1. Upon a herd being first enrolled in the
Herd Certification Program, the herd shall be placed in first-year status,
except that if the herd is comprised solely of cervids obtained from herds
already enrolled in the Herd Certification Program, the newly enrolled herd
shall have the same status as the lowest status of any herd that provided
cervids for the herd.
2. If a herd
continues to comply with the requirements of the Herd Certification Program,
the herd status shall be upgraded by one (1) year on the anniversary of the
program enrollment date.
3. One (1)
year after the date a herd was placed in fifth-year status, the herd status
shall be changed to "certified". The herd shall remain in "certified" status as
long as the herd remains enrolled in the program, if its status is not revoked
or suspended in accordance with this administrative regulation or
9
C.F.R. 55.24.
4. A herd owner shall be issued a certificate
of "Certified" status upon completing the Herd Certification Program
requirements established in this administrative regulation.
5. Renewal of a Certified Cervid Herd. A herd
shall be certified for twelve (12) months. For continuous certification,
adherence to the provisions in this administrative regulation and all other
state laws and administrative regulations pertaining to holding cervids shall
be required.
6. The herd enrollment
date shall be the latter date of:
a. The
physical inventory being completed in accordance with paragraph (c) of this
subsection; or
b. The initial
cervid delivery.
(k) Disease surveillance procedures. A cervid
that is twelve (12) months or older that dies for any reason, including
harvest, shall be tested for CWD. The herd owner shall be responsible for
sample collection by an OSV certified CWD sample collector, submission, and
testing. Samples for testing shall be properly collected, handled, and
preserved, and shall be submitted to an approved laboratory within seven (7)
days of death and collection. If incidents of mass casualty or mortality events
are confirmed by the OSV, the OSV may waive the testing requirements for all
cervids and instead only require testing based on risk.
(l) USDA Chronic Wasting Disease Program
Standards deficiencies may, based on the nature of the deficiencies, require a
Cervid Herd Plan in lieu of, or in addition to, administrative
penalties.
Section
5. Chronic Wasting Disease Herd Monitoring Program (HMP).
(1) A HMP permit shall be required to
participate in the HMP program. A HMP permit shall be valid from January 1 to
December 31 of each year, regardless of the date of application or enrollment.
(a) The applicant for the HMP program shall
submit:
1. A complete Cervid Chronic Wasting
Disease Surveillance Identification (CCWDSI) Herd Certification Program (HCP)
or Herd Monitoring Program (HMP) Application;
2. A written statement by a Kentucky-licensed
and USDA accredited veterinarian, certifying that the veterinarian and the herd
owner have a valid veterinarian-client relationship; and
3. A fee of $500.
(b) OSV shall grant the HMP permit within
thirty (30) days after it receives the completed application package with the
required fee. Incomplete applications or insufficient fees shall be returned to
the applicant without approval. The OSV shall not approve any application if
the applicant owes any fees or fines to the KDA.
(c) HMP participants whose permit expires
prior to renewal shall be subject to the penalties in Section 19 of this
administrative regulation.
(2) Annual HMP permit renewal required.
Renewal applicants shall:
(a) Submit a
completed Cervid Chronic Wasting Disease Surveillance Identification (CCWDSI)
Herd Certification Program (HCP) or Herd Monitoring Program (HMP) Application
by November 30 of each year.
(b)
Pay a fee of $500.
(c) Submit a
current herd inventory as of the moment of application, and the most recent
reporting documents due to the OSV as required in subsection (4)(c) of this
section if not already on file with the OSV.
(d) The permit shall be effective January 1
through December 31 of each year.
(3) Restrictions and limitations on
HMP-enrolled cervids and herds.
(a) A cervid
shall not leave an HMP-enrolled herd alive.
(b) A cervid shall not be moved to another
HMP-enrolled herd.
(c) A HMP herd,
or any cervid within a HMP-enrolled herd shall not be eligible to enter the
HCP.
(4) HMP
Requirements.
(a) Herds enrolled in this
program shall comply with the requirements established in this section.
1. After an initial permit is issued, the
participant shall enroll the herd into the HMP by obtaining movement permits
for those cervids moving into the premises. Any additions subsequent to the
initial delivery shall be recorded and submitted according to the other
timelines established in this administrative regulation.
2. After the first year in the HMP, the
participant shall:
a. Conduct the inventory
and continuously identify cervids as required;
b. Submit records to the OSV for the cervids
that are required in this administrative regulation; and
c. Maintain and complete the provisions of
this administrative regulation and a herd-specific Cervid Herd Plan, if
developed.
(b) Cervid identification requirement.
1. Each cervid twelve (12) months of age or
older shall have at least two (2) forms of cervid identification, one (1) of
which shall be a RFID official identification and one (1) form shall be a
visual type of identification, which shall be unique to that cervid within the
herd.
2. Any untagged cervid that
dies or is harvested shall be officially identified and shall be CWD
tested.
(c) Cervid
inventory.
1. The baseline herd inventory
shall consist of the cervids that were delivered initially after program
enrollment.
2. An annual herd
inventory shall be conducted and submitted to the OSV that reviews all records
and documents that would change the baseline herd inventory.
3. The state veterinarian or an APHIS
representative may request a visual or physical inventory to verify herd
compliance with program standards.
4. The owner shall be responsible for
assembling, handling, and restraining the cervids, and for all risks and costs
incurred, to present the cervids for inspection.
(d) Herd Additions. New cervids shall be
introduced into the herd only from other herds enrolled in the Kentucky HCP, or
from a herd in a state, approved by the OSV, with an USDA-approved CWD
Certification Program in which CWD has never been confirmed.
(e) If evidence of natural additions are
found, a Cervid Herd Plan shall be developed to eliminate future breeding.
Intentional breeding shall not be allowed.
(f) HMP Participant Reporting requirements.
The owner shall report to the OSV any cervids that escape or disappear, and all
deaths (including cervids killed by harvest or slaughter) of cervids in the
herd.
1. This report shall be submitted to the
OSV by the close of business on the first business day of each month for the
activities of the previous calendar month.
2. The report shall include applicable cervid
identification numbers, including the visual tag; the date of the death,
disappearance, escape; and the dates the CWD tests were submitted for
testing.
3. All cervids that die or
are harvested shall have the required tissue specimens collected and submitted
for CWD testing.
4. In accordance
with
9 C.F.R.
55.23, an APHIS or OSV representative shall
investigate herds that fail to comply with testing requirements, which shall be
considered noncompliance.
5. Cervid
escapes return protocol.
a. Cervids that
escape may be returned to the herd only if:
(i) Within seventy-two (72) hours, the
cervids are re-captured and the fence is repaired and secured to prevent
further escape and meet the requirements established by Kentucky Department of
Fish and Wildlife Resources in
301
KAR 2:083. Any cervid recaptured after seventy-two
(72) hours shall be introduced back into the herd only with written permission
of the OSV; and
(ii) Within seven
(7) days of initial escape, an updated inventory is provided to the OSV
representative in writing.
b. An OSV representative may require physical
inspection of cervids to confirm inventory.
(g) Herd Veterinarian Notice Requirement. The
herd veterinarian shall be notified within twenty-four (24) hours of observance
of a cervid with clinical signs suggestive of Chronic Wasting
Disease.
(h) The herd premises
shall have a valid Kentucky Department of Fish and Wildlife Resources permit
and shall maintain perimeter fencing meeting the requirements established in
KRS
150.730 through
150.735.
(i) The owner shall maintain and provide to
the OSV representative upon request the following herd records:
1. Complete inventory of cervids, including
the official identification, and any other identification, and the age and sex
of each cervid;
2. A record for
each purchased or natural addition to the herd, including:
a. The official identification, species, age,
and sex of the cervid;
b. The name
and address of the person from whom the cervid was purchased;
c. The address of the herd from which the
cervid was purchased;
d. A copy of
the CVI that accompanied the cervid for intra- or interstate
movement;
e. Date the purchased
addition entered the herd; and
f.
Approximate date of birth, if a natural addition;
3. A record of each cervid leaving the herd
including a record of each cervid that died or was harvested on the premises
including:
a. The date of death;
b. The apparent cause of death;
c. The cervid's age and sex;
d. State-federal official individual cervid
identification, date, and laboratory submitted for CWD testing, if required;
and
e. The disposition of the
cervid's carcass. If the carcass left the premises, the record shall identify
the carcass destination and recipient;
4. A record of all individual CWD tests that
were conducted on cervids in the herd;
5. Records received from the herd
veterinarian related to the veterinary services he or she provided to the herd;
and
6. All individual
identification numbers (from, for example, tags and electronic implants)
associated with each cervid.
(j) Disease surveillance procedures. A cervid
that is twelve (12) months or older that dies for any reason, including
harvest, shall be tested for CWD. The herd owner shall be responsible for
sample collection, submission, and testing. Samples for testing shall be
properly collected, handled, and preserved, and shall be submitted to an
approved laboratory within thirty (30) days of collection.
Section 6. Testing, Investigation,
and Quarantine.
(1) Surveillance testing
procedures.
(a) CWD testing shall be in
accordance with the procedures established in
9
C.F.R. 55.8.
(b) A positive or non-negative of CWD by an
approved laboratory shall be sent to the National Veterinary Service Laboratory
for confirmation.
(c) If required
tissues from test eligible cervids are not submitted for laboratory diagnosis
by the cervid owner, the state veterinarian shall revoke the permit or
implement a mutually agreed upon Cervid Herd Plan.
(2) Investigation of CWD-positive cervids.
(a) An epidemiological investigation in
accordance with
9 C.F.R.
55.23 shall be conducted by OSV or APHIS VS
for all cervids diagnosed at an approved laboratory CWD positive or
suspect.
(b) All CWD-positive herds
and all source, exposed, and adjacent herds and the premises where these herds
are located shall be investigated epidemiologically by OSV.
(3) Duration of Quarantine.
Quarantines issued by the State Veterinarian for CWD in accordance with this
administrative regulation shall be removed as established in paragraphs (a) and
(b) of this subsection.
(a) A premises shall
not be removed from quarantine until after completion of the cervid herd plan
and five (5) years of compliance with all provisions of 9 C.F.R. Part 55
.
(b) An adjacent or exposed herd
or premises may be removed from quarantine only after an epidemiological
investigation and by order of the OSV.
Section 7. CWD Sample Collection Training.
(1) Required CWD samples shall be collected
by a licensed accredited veterinarian or an individual certified by the
OSV.
(2) To become certified, an
individual shall:
(a) Submit a request for
certification to the OSV at Statevet@ky.gov or contact the OSV; and
(b) Attend a training course offered by the
OSV.
(3) Certification
is valid for five (5) years from the date of training course or until new
sample collection protocols have been mandated by OSV or USDA. Renewal
certification shall require completion of a renewal form.
(4) Certified individuals shall comply with
CWD collection and submission protocols. Failure to submit quality samples may
result in revocation of certification status.
(5) Certified individual shall maintain
record of sample collections for ten (10) years. Records shall include a copy
of the laboratory submission form or a generated report which contains the
following:
(a) Date of sample
collection;
(b) Premises Name and
City where sample collection occurred;
(c) List of official identification devices
of each sample;
(d) Number of
samples collected; and
(e) Name of
Laboratory where samples were submitted.
Section 8. Certificate of Veterinary
Inspection.
(1) A Certificate of Veterinary
Inspection shall remain valid for thirty (30) days after date of
inspection.
(2) A CVI shall
contain:
(a) Identification of each animal
recorded on the certificate;
(b) A
RFID and visual identification for each cervid;
(c) The species, breed, sex, and age of each
cervid;
(d) The name and address of
the owner, cosigner, or agent shipping the cervid, and phone number of
each;
(e) The location from which
the animal is loaded for movement;
(f) The name and address of the consignee or
person receiving the cervid;
(g)
The location at which the animal will be received;
(h) The purpose of the movement and the total
number of cervids;
(i) All
non-applicable data fields crossed out by the USDA-accredited Veterinarian
prior to signing;
(j) The movement
permit number issued by the OSV;
(k) The following statement or one
substantially similar: "I certify as an accredited veterinarian that the above
described animals have been inspected by me on this date and that they are not
showing signs of infection or communicable disease. The vaccinations and
results of tests are as indicated on the certificate. The animals listed on
this certificate meet the state of destination requirements and federal
interstate requirements"; and
(l)
The signature, USDA category II accreditation number, and phone number of the
veterinarian.
(3) Paper
submitted Certificate of Veterinary Inspection.
(a) The first physical page shall be mailed
or otherwise delivered to the office of the state veterinarian in the origin
state within seven (7) days of the date it is written.
(b) An exact replica image (a scan in a PDF)
of the first page may be submitted in lieu of the first physical page required
in paragraph (a) of this subsection by submitting via electronic mail within
seven (7) days of the date it is written to Statevet@ky.gov.
(c) The second page shall physically
accompany the cervid being moved and be readily accessible during the
movement.
(d) The third page shall
be sent to the Animal Health Official in the state of destination within seven
(7) days of the date it is written.
(e) The fourth page shall be retained by the
issuing veterinarian for at least five (5) years from the date of
issuance.
(f) A legible copy of any
supplemental pages shall be stapled to the original and each copy of the
CVI.
(4) Electronically
submitted CVIs.
(a) Certificate of Veterinary
Inspection and Permit may be submitted via an importable format as approved by
the OSV.
(b) Cervids moving with an
electronically submitted Certificate of Veterinary Inspection shall be
accompanied by a paper copy or have the electronic material stored on a device
that may be read immediately upon request.
(5) A person shall not issue a CVI bearing
the seal of the Commonwealth of Kentucky unless that person is a Kentucky
licensed and USDA category II accredited veterinarian.
Section 9. Movement Permit.
(1) A person shall not move a cervid within
or into Kentucky without first obtaining a permit from the OSV at least
forty-eight (48) hours prior to the movement, unless approved in writing by the
OSV after consideration of the risks involved.
(2) Proof of required vaccinations or other
applicable health practices to ensure disease prevention based on place or
origin, as found on the Web site at
www.kyagr.gov, shall be completed prior to
permit issuance. Instructions for a permit may be obtained on the Web
site.
(3) Movement permit
instructions may be obtained by calling OSV at 502-573-0282, Monday through
Friday, 8 a.m. EST to 4:30 p.m. EST.
(4) Required testing or vaccination. Required
tests and vaccinations shall be performed or verified by a:
(a) Licensed and USDA category II accredited
veterinarian;
(b) Designee of the
State Veterinarian; or
(c) Designee
of the federal government.
(5) Required tests shall be conducted at no
expense to the Commonwealth of Kentucky.
(6) Required laboratory tests shall be
conducted in a state-federal approved laboratory.
Section 10. Official Identification and Other
Required Identification.
(1) Beginning July 1,
2020, RFID official identification shall be applied in any initial tagging
event, retagging event, or anytime a cervid is restrained by any method,
including permitted movements. All imported cervids shall require an RFID at
the time of importation beginning July 1, 2020. This RFID shall be cross
referenced with any other existing official identification at the time of
application. Existing official identification shall not be removed without the
prior written approval of the OSV.
(2) Methods of official identification. An
official individual identification shall consist of a set of alphanumeric
characters or physical characteristics that are uniquely associated with an
individual cervid and that constitute:
(a)
Official USDA NUES that was applied prior to June 30, 2020; and
(b) An RFID that:
1. The RFID uniquely identifies the animal
and is USDA approved;
2. The RFID
is attached to the animal;
3. The
RFID is registered to a PIN or to a person; and
4. Only one (1) official RFID is placed on an
animal.
(3)
Use of more than one (1) official eartag.
(a)
Any person applying the additional official eartag shall record the following
information about the event, and submit to the OSV within seven (7) days the
required information, and maintain the record for at least ten (10) years:
1. The date the additional official eartag is
added;
2. The reason for the
additional official eartag device; and
3. The official identification numbers of the
new official eartag and the one or ones already attached to the
animal.
(b) An eartag
with an Animal Identification Number (AIN) beginning with the 840 prefix
(either radio frequency identification or visual-only tag) may be applied to a
cervid that is already officially identified with one (1) or more National
Uniform Eartagging System tags. The person applying the Animal Identification
Number eartag shall record the date the Animal Identification Number tag is
added and the official identification numbers of any official eartags and shall
maintain those records for at least ten (10) years.
(4) Removal or loss of official
identification devices.
(a) Removal of
official identification shall be prohibited, except as approved in writing by
the OSV or a USDA area veterinarian in charge if a device needs to be
replaced.
(b) If a cervid loses an
official identification device:
1. A
replacement tag with a different official identification number may be applied.
The person applying a new official identification device with a different
official identification number shall record the following information about the
event and maintain the record for at least ten (10) years:
a. The date the new official identification
device was added;
b. The official
identification number on the device; and
c. The official identification number on the
old device, if known.
2.
Replacement of a temporary identification device with a new official
identification device shall be considered to be a retagging event and shall be
noted on the Retag Form.
(5) Removal of official identification,
without prior written approval of the OSV shall be strictly
prohibited.
(6) Replacement records
required. Any time an official identification device is replaced, as authorized
by OSV or the USDA, the person replacing the device shall record the following
information about the event and maintain the record for at least five (5)
years:
(a) The date on which the previous
device was removed;
(b) Contact
information for the location where the device was removed;
(c) The official identification number (to
the extent possible) on the device that was removed;
(d) The type of device removed (for example,
metal eartag or RFID eartag);
(e)
The reason for the removal of the former device;
(f) The new official identification number on
the replacement device; and
(g) The
type of replacement device that was applied to replace the former
device.
Section
11. Premises of Origin Location.
(1) POL information shall be provided by the
person seeking the permit for the premises from which the cervids are to be
loaded upon seeking a movement permit.
(2) The POL of the specific location the
cervids were loaded shall include:
(a) A PIN
issued by the USDA or the Animal Health Official in the state of origin or a
LID; and
(b) The owner at the time
of movement and that owner's address and contact information.
Section 12.
Requirements for Interstate Movement into Kentucky.
(1) A person or hauler shall not move a
cervid into Kentucky without first obtaining a CVI from a licensed and USDA
category II accredited veterinarian;
(2) Obtained a movement permit from the OSV
at least forty-eight (48) hours prior to movement and scheduling by the OSV,
that includes a scheduled appointment for delivery of cervids between the hours
of 6 a.m. and 9 p.m.; and
(3) An
OSV representative, USDA representative, or an USDA category II accredited
veterinarian shall be present for the unloading of the cervids at the point of
destination at the time scheduled in (2) and shall be responsible for removing
the transport seal and observing the offloading.
(4) An entry permit shall not be issued for a
cervid that does not have certified status or an equivalent status, as
documented by a certificate issued in accordance with
9 C.F.R.
81.4. An entry permit shall not be issued for
a cervid that originated in, or at any time resided, in a state where CWD has
been confirmed in either wild or captive cervids.
(5) An entry permit shall not be issued for a
cervid that is not:
(a) Negative to an
official tuberculosis test within ninety (90) days of entry; or
(b) Originating from a cervid tuberculosis
accredited herd. The herd accreditation number and the last herd test date
shall be listed on the CVI.
Section 13. Requirements for Movement Within
Kentucky.
(1) A movement permit issued by the
OSV and CVI shall be required prior to cervid movement within
Kentucky.
(2) A CVI shall not be
required if the movement is from the same herd to a different permitted
premises within the same farm, if the cervid has official identification, prior
to the movement.
(3) Movement shall
not commence until forty-eight (48) hours after the issuance of the
permit.
(4) An OSV representative,
USDA representative, or an USDA category II accredited veterinarian shall be
present at the loading at the point of origin, or the unloading of the cervids
at the point of destination for movements to a different premises.
(5) The requirements of this section shall be
the responsibility of the owners, agents, and haulers of the moved
cervid.
Section 14.
Requirements for Movement for Export from Kentucky.
(1) A movement permit issued by the OSV and
CVI shall be required prior to cervid movement from Kentucky.
(2) Movement shall not commence until
forty-eight (48) hours after the issuance of the permit by the OSV and
scheduling.
(3) All cervids being
exported from Kentucky shall have movement documentation and any applicable
permits as required by the state of destination, and have these documents
immediately available for inspection.
(4) A cervid shall not leave Kentucky until:
(a) The CVI is written to meet the state of
destination requirements by a Kentucky licensed category II veterinarian;
and
(b) The owner, agent, or hauler
contacts the OSV designee at least forty-eight (48) hours in advance of the
movement to schedule an appointment for departure inspection and movement
documentation between the hours of 6 a.m. and 9 p.m.
Section 15. Requirements for
Movement Through Kentucky. Cervids moving through Kentucky shall have movement
documentation and any applicable permits as required by the state of
destination, and have these documents immediately available for inspection. A
Kentucky movement permit shall not be required for direct movement through
Kentucky. Persons directly moving cervids through Kentucky may voluntarily
obtain a permit from the OSV.
Section
16. Reindeer Exhibition.
(1) Any
reindeer exhibiting in the state of Kentucky shall obtain written permission of
the OSV.
(2) Requests for an
exhibition permit shall be made to the OSV in writing or electronically at
statevet@ky.gov a minimum of ten (10) business days prior to the movement to
the exhibit.
Section 17.
Voluntary Accreditation and Certification Programs.
(1) Cervid owners wishing to seek a voluntary
herd certification for brucellosis shall follow the provisions established in
APHIS 91-45-16, Brucellosis in Cervidae.
(2) Cervid owners wishing to seek a voluntary
herd accreditation for tuberculosis eradication shall follow the provisions
established in APHIS 91-45-011, Bovine Tuberculosis Eradication.
(3) After the completion of terms in APHIS
91-45-011 or APHIS 91-45-16, the OSV shall issue a certificate, for the
respective disease, that shall be valid in Kentucky for a period of thirty-six
(36) months from issuance.
Section
18. Retention of Records.
(1)
Intrastate movement or sales documents shall be maintained by both the buyer
and the seller for at least ten (10) years after the movement of the
cervids.
(2) Official
identification device distribution records. Any veterinarian who distributes
official identification, shall maintain distribution lists and documents for at
least ten (10) years after issuance.
(3) Interstate movement records and
documentation that is required by this administrative regulation shall be
maintained for at least ten (10) years.
(4) Herd plans, inventory records, and
disposition of cervid records shall be maintained for at least ten (10)
years.
Section 19.
Penalties.
(1) Penalties for failure to comply
with standards established in this administrative regulation.
(a) OSV shall have the authority to revoke or
suspend a herd's permit for the Herd Certification Program or the Herd
Monitoring Program if a person:
1. Falsifies
information on an enrollment application, falsifies subsequent information
required for continued enrollment, or refuses to produce documents requested by
a representative of OSV;
2. Fails
to comply with requirements in this administrative regulation on cervid
identification, cervid inventory, herd records, testing, or cervid
movement;
3. Or facility fails to
remain in compliance with KRS Chapters 257 or 150, or any administrative
regulation promulgated under the authority thereof;
4. Fails to comply with an instruction from a
representative of OSV; or
5. Fails
to produce any document require to be created or maintained by this
administrative regulation.
(b) In accordance with
KRS 257.990, a permit
holder shall be subject to a monetary fine for violation of this administrative
regulation.
(2)
Penalties for failure to comply with Section 8, 9, 10, or 11 of this
administrative regulation.
(a) In accordance
with
KRS
150.740(6), a person shall
be guilty of a Class D felony upon conviction; and
(b) Upon conviction of a second violation, a
person shall be permanently ineligible for renewal of a captive cervid
permit.
(3) In
accordance with
KRS
150.740(7), the Kentucky
Department of Fish and Wildlife Resources shall have authority to seize captive
cervids that were imported into the Commonwealth in violation of this
administrative regulation or
KRS
150.740 and
257.550.
(4) Any person whose permit is revoked shall
not reapply to the HCP or HMP programs for a period of five (5)
years.
(5) Herds enrolled in HMP or
HCP programs whose permit holders fail to reapply for permits on or before the
application deadline shall be immediately placed in quarantine. These herds
shall be subject to a physical herd inventory prior to permit issuance. A
hunting or harvest shall not take place during the quarantine period. Herds
shall not be re-enrolled in any program without first paying the initial fee of
$150 and the renewal fee as required in either the HCP or HMP
program.
(6) Removal of official
identification, from a cervid without written permission of the OSV shall
result in the loss of status for all cervids inside the herd.
Section 20. Material Incorporated
by Reference.
(1) The following material is
incorporated by reference:
(a) "Cervid Chronic
Wasting Disease Surveillance Identification (CCWDSI) Herd Certification Program
(HCP) or Herd Monitoring Program (HMP) Application", October 2020;
(b) "Deceased Animal Report", May
2019;
(c) "Herd/Flock Additions",
October 2020;
(d) "Herd/Flock
Deletions", October 2020;
(e)
"Retag Form", February 2017;
(f)
"USDA Chronic Wasting Disease Program Standards", May 2019;
(g) "APHIS 91-45-16, Brucellosis in
Cervidae", September 2003; and
(h)
"APHIS 91-45-011, Bovine Tuberculosis Eradication", January 1999.
(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
150.720(1),
246.295(1),
257.550,
KRS
257.552