302 Ky. Admin. Regs. 20:040
Current through Register Vol. 51, No. 6, December 1, 2024
Section 302 KAR 20:040 - Entry into KentuckyRELATES TO: KRS Chapter 257, 9 C.F.R. Chapter 1 parts 77, 78
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.070 requires that importation of animals into Kentucky complies with administrative regulations promulgated by the board. KRS 257.030 authorizes the board to establish necessary quarantines and other measures to control the movement of animals into, through, or within Kentucky. This administrative regulation establishes health requirements for entry, including entry for sales or exhibition, for livestock and animals into Kentucky.
Section 1. General Provisions. (1) All animals entering Kentucky shall be subject to the requirements established in 302 KAR 20:020.(2) All animals shall be accompanied by a Certificate of Veterinary Inspection (CVI) or other official movement document except for exemptions listed under each species section of this administrative regulation or 302 KAR 20:065. Examples of an official movement document shall include a way bill with a permit number or Federal Movement Form VS 9-3 or VS 1-27.(3) If an entry permit is required by this administrative regulation, it shall be obtained by calling OSV at (502) 564-3956, Monday through Friday, 8 a.m. EST to 4:30 p.m. EST. The permit number shall be recorded on the CVI or other required species specific document obtained pursuant to subsection (2) of this section.(4) If the state veterinarian determines based on an epidemiological evaluation of current disease risks that additional requirements are needed to prevent the introduction or spread of disease, the OSV shall direct a person to comply with the additional entry requirements. The notification of additional requirements shall be written or given orally and confirmed in writing.(5) All required tests shall be conducted by a state-federal approved laboratory as defined by 9 C.F.R. Chapter 1.(6) A CVI for entry shall:(a) Be valid for thirty (30) days from the date of issue;(b) Become void upon arrival at the designated destination, except for exhibition animals which may return home within thirty (30) days of the original issue date; and(c) State a valid destination address or PIN.Section 2. Cattle or Other Bovine Species. (1) General requirements for entry. (a) Cattle or other bovine species for exhibition, breeding, or feeding purposes, or for sale purposes except as defined in paragraph (b) of this subsection shall meet the requirements established in subsections (2) and (3) of this section.(b) Cattle or other bovine species imported directly to a recognized slaughter center or a state-federal approved stockyard shall meet the requirements established in subsections (3) and (4) of this section.(c) Cattle or other bovine species imported to a Kentucky premises from an out of state federally approved livestock market shall meet the requirements established in subsections (3) and (4)(d) of this section.(2) Certificate of Veterinary Inspection and Entry Permit.(a) All cattle or other bovine species entering the state for sale, exhibition, breeding, or feeding purposes shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).(b) An entry permit shall be required prior to entry for all cattle or other bovine species except steers, spayed heifers, cattle or other bovine species presented for exhibition only. The permit number shall be recorded on the CVI.(3) Specific diseases. (a) Brucellosis. 1. The importation of cattle or other bovine species shall comply with 9 C.F.R. Part 78 .2. Animals from class free states shall be exempt from testing.3. Animals originating from a brucellosis certified herd shall be exempt from testing. The herd certification number and date of last herd test shall be indicated on the CVI.(b) Tuberculosis. 1. The importation of cattle or bison shall comply with 9 C.F.R. Part 77 .2. Animals from class free states shall be exempt from testing.3. Animals originating from a tuberculosis accredited herd shall be exempt from testing. The herd accreditation number and date of last herd test shall be indicated on the CVI.(c) Scabies. Cattle or other bovine species affected with or exposed to scabies or from an area quarantined because of scabies shall not be eligible for entry into Kentucky except: 1. In accordance with 9 C.F.R. Part 73 of the USDA APHIS VS; and2. If a written permit from the State Veterinarian or an authorized representative is obtained pursuant to 9 C.F.R. Part 73 .(d) Ticks. Cattle or other bovine species from a state-federal tick quarantined area, as defined by 9 C.F.R. Part 72 , shall not be eligible for entry into Kentucky except: 1. In accordance with 9 C.F.R. Part 72 of the USDA APHIS VS; and2. If a written permit from the State Veterinarian or an authorized representative is obtained pursuant to 9 C.F.R. Part 72 .(e) Johne's Disease. The importation of cattle or other bovine species shall comply with 9 C.F.R. Part 80 .(4) Other movements. (a) If cattle or other bovine species from a brucellosis class-free state that is also a tuberculosis class-free state move directly from a farm of origin, they may enter a state-federal approved stockyard in Kentucky without an entry permit or CVI. Those cattle or other bovine species shall meet the requirements established in paragraph (c) of this subsection.(b) Slaughter cattle or other bovine species. Cattle or other bovine species consigned for immediate slaughter may enter Kentucky without an official test for brucellosis or tuberculosis if the cattle or other bovine species are consigned for immediate slaughter to a recognized slaughtering center or to an approved state-federal stockyard as defined by 9 C.F.R. Part 71 , for reconsign-ment to a recognized slaughtering center. Animals diverted en route shall be in violation of this administrative regulation.(c) The seller's name and address and either the animal's premises of origin or PIN shall be provided for cattle or other bovine species imported to a state-federal approved stockyard or directly to a recognized slaughtering center.(d) Cattle or other bovine species moving from an out of state state-federal approved stockyard shall be accompanied by a bill of sale or way bill.Section 3. Horses or Other Equine Species. (1) General requirements for entry. (a) All horses or other equidae entering Kentucky for any purpose, except as provided in paragraph (b), (d), and (e) of this subsection, shall meet the requirements established in subsections (2) and (3) of this section.(b) Equine purchased by a licensed Kentucky dealer at an out-of-state horse sale shall: 1. Enter the state on an entry permit;2. Be accompanied by a VS Form 10-11 or EIA test form verifying a negative equine infectious anemia (EIA) test within the last twelve (12) months or shall be tested for EIA within two (2) weeks of entry; or3. Move directly to an approved Kentucky horse sale.(c) Equine entering the state for racing purposes shall meet the requirements established in KAR Titles 810 and 811.(d) Equine moving directly to a veterinary facility in Kentucky shall be exempt from subsections (2) and (3) of this section.(e) Equine may be moved directly to an approved Kentucky horse sale by an out of state, non-dealer owner from that owner's premises.(2) Certificate of Veterinary Inspection. (a) A CVI shall be required for equine entering the state except as provided in subsection (1)(b) and (d) of this section and shall meet the criteria established in 302 KAR 20:020, Section 1(3)(c).(b) Equine Interstate Event Permits from states participating with Kentucky shall: 1. Be accepted for exhibition purposes in lieu of the CVI and EIA test report if they are within six (6) months of the issue date and there has been no change of ownership; and2. Meet the requirements established in 302 KAR 20:020, Section 1(5).(3) Equine infectious anemia. (a) All horses or other equidae, except unweaned foals accompanied by their dam, shall be negative to a USDA official test, pursuant to 9 C.F.R. Part 75 , within twelve (12) months prior to entry.(b) A copy of the Form VS 10-11 or EIA test form verifying a negative EIA from a laboratory approved by the USDA, pursuant to 9 C.F.R. Part 75 , shall be attached to the CVI.(4) Approved Kentucky horse sales. (a) Horses or other equidae purchased by a licensed Kentucky dealer out-of-state may move directly to an approved Kentucky horse sale without proof of a negative EIA test.(b) All horses or other equidae presented without proof of a negative EIA test within the previous twelve (12) months shall have a blood sample drawn for EIA testing by the market veterinarian approved by the OSV pursuant to 302 KAR 20:261, at the seller's expense.Section 4. Swine. (1) General requirements for entry. (a) Except as provided in paragraph (b) of this subsection, domestic swine for exhibition, sale, breeding, or feeding shall meet the requirements established in subsections (2) and (3) of this section.(b) Swine imported directly to a recognized slaughtering center or a state-federal approved slaughter-only stockyard shall meet the requirements established in subsections (3) and (4) of this section.(c) Swine imported to a Kentucky premises from an out of state federally approved stockyard shall meet the requirements established in subsections (3) and (4) of this section.(d) Swine listed in this paragraph shall not be imported for any purpose: 2. Wild, captive wild, or feral swine, Sus scrofa per definition, including Russian wild boars or Eurasian wild boars; or3. Swine vaccinated with Pseudorabies vaccine.(2) Certificate of Veterinary Inspection and Entry Permit.(a) All swine entering the state for sale except as provided in subsection (1)(b) and (c) of this section, exhibition, breeding, or feeding purposes shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).(b) An entry permit shall be required prior to entry for all swine entering for sale, breeding, or feeding purposes. An entry permit shall be required for exhibition purposes from states with less than Stage 5 Pseudorabies status. The permit number shall be recorded on the CVI.(3) Specific diseases.(a) Brucellosis. The importation of swine shall comply with 9 C.F.R. Part 78 .(b) Pseudorabies. Testing shall not be required for swine imported if the swine originated from a Pseudorabies Stage 5 state. Swine originating from a state with less than Pseudorabies Stage 5 status shall comply with 9 C.F.R. Part 85 .(4) Swine imported to a state-federal approved livestock market, directly to a recognized slaughtering center, or to a Kentucky premises from an out of state federally-approved stockyard shall be identified with:(a) Official identification in accordance with 302 KAR 20:020, Section 1(2); and(b) The seller's name and address and either the animal's premises of origin or PIN.Section 5. Sheep or Lambs. (1) General requirements for entry. (a) Sheep or lambs for sale except as provided in paragraphs (b) and (d) of this subsection, exhibition, breeding, or feeding purposes shall meet established requirements in subsections (2) and (3) of this section.(b) Sheep imported directly to a state-federal approved stockyard or a recognized slaughtering center shall meet the requirements established in subsections (3) and (4) of this section.(c) Sheep or lambs that originate from known trace, source, or infected Scrapie flocks as determined by the USDA APHIS VS in compliance with 9 C.F.R. Part 79 shall not be imported.(d) Sheep imported to a Kentucky premises from a state-federal approved stockyard shall meet the requirements established in subsections (3) and (4) of this section.(2) Certificate of Veterinary Inspection and Entry Permit.(a) All sheep or lambs entering the state for sale except as provided in subsection (1)(b) and (d) of this section, exhibition, breeding, or feeding purposes shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).(b) An entry permit shall be required for sheep or lambs entering for sale, breeding, or feeding purposes.(3) Specific diseases. (a) Scrapie. 1. All sheep shall originate from a Scrapie consistent state meeting the requirements of the USDA APHIS VS Scrapie Flock Certification Program established in 9 C.F.R. Part 79 .2. Sheep that require a CVI for movement shall be identified with an official USDA Scrapie Program identification tag or other official identification method and documented on a CVI.3. If enrolled in the USDA Scrapie Flock Certification Program, the Scrapie Flock number shall be recorded on the CVI.(b) Scabies. Sheep affected with or exposed to scabies or from an area quarantined because of scabies shall not be eligible for entry into Kentucky.(c) Sore mouth. Any sheep or lambs showing lesions of contagious ecthyma shall not be imported.(d) Johne's. The importation of sheep or lambs shall comply with 9 C.F.R. Part 80 .(4) Other movements. (a) Sheep or lambs from Scrapie consistent states may be imported into Kentucky for immediate slaughter if consigned directly to a recognized slaughtering center approved by the USDA or the State Veterinarian or to a state-federal approved stockyard or concentration point if recon-signment from that point is to immediate slaughter.(b) Only sheep or lambs from Scrapie consistent states may be imported to state-federal approved stockyards or state-approved concentration points for the purpose of sale.(c) VS Form 1-27 shall be required for movement of sheep or lambs from trace, source, or infected flocks to an approved site.(d) Sheep or lambs imported to state-federal approved stockyards, concentration points or directly to a recognized slaughtering center or to Kentucky premises from a state-federal approved stockyard shall be identified with: 1. An identification in accordance with 9 C.F.R. Part 79 ; and2. The seller's name and address and either the animal's premises of origin or PIN.Section 6. Goats. (1) General requirements for entry. (a) Goats entering Kentucky for sale except as provided in paragraph (b) of this subsection, exhibition, breeding, or feeding purposes shall meet the requirements established in subsections (2) and (3) of this section.(b) Goats imported directly to a recognized slaughtering center, a state-federal approved stockyard, telemarketing sale, or KDA approved graded sale shall meet the requirements established in subsections (3) and (4) of this section.(c) Goats imported to a Kentucky premises from a state-federal approved stockyard shall meet the requirements established in subsections (3) and (4) of this section.(2) Certificate of Veterinary Inspection and Entry Permit.(a) All goats entering the state for sale except as provided in subsection (1)(b) and (c) of this section, exhibition, breeding, or feeding purposes shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(d).(b) An entry permit shall be required for goats entering for sale, breeding, or feeding purposes.(3) Specific diseases. (a) Scrapie. 1. All goats shall originate from a Scrapie consistent state meeting the requirements of the USDA APHIS VS Scrapie Flock Certification Program established in 9 C.F.R. Part 79 .2. Goats that require a CVI for movement shall be identified with an official USDA Scrapie Program identification tag or other official animal identification in accordance with 302 KAR 20:020, Section 1(2).(b) Brucellosis. Animals six (6) months of age or older shall have an official negative test within thirty (30) days prior to entry or originate directly and immediately from a class free state or a brucellosis-certified herd.(c) Tuberculosis. Animals six (6) months of age or older shall have an official negative tuberculin test within sixty (60) days prior to entry or originate directly and immediately from a class free state or a tuberculosis-accredited herd.(d) Scabies. Goats affected with or exposed to scabies or from an area quarantined because of scabies shall not be eligible for entry into Kentucky.(e) Johne's. The importation of goats shall comply with 9 C.F.R. Part 80 .(4) Goats of any age entering a state-federal approved Kentucky stockyard, KDA-approved graded sale, telemarketing assembly point, a Kentucky recognized slaughtering center, or a Kentucky premises from a state-federal approved stockyard shall be identified with: (a) An identification in accordance with 9 C.F.R. Part 79 ; and(b) The seller's name and address and either the animal's premises of origin or PIN.Section 7. Poultry, Farm-raised Upland Game Birds or Other Avian Species. (1) General requirements for entry. (a) Birds four (4) months or older for sale or exhibition purposes shall meet the requirements established in subsections (2) and (3) of this section.(b) Chicks or hatching eggs imported shall meet the requirements established in subsections (2) and (3)(a)2 of this section.(c) All birds imported to an approved slaughter facility and all commercial birds moving between a company's production units shall meet the requirements established in subsections (3) and (4) of this section.(2) Certificate of Veterinary Inspection. All poultry shall be accompanied by: (a) An NPIP VS Form 9-3 as specified in 9 C.F.R. Part 145 including flock number issued; or(b) A CVI verifying a valid test date.(3) Specific diseases.(a) Salmonella pullorum. 1. Birds four (4) months of age or older shall be negative to an official Salmonella pullorum test within thirty (30) days of entry or originate from a NPIP flock. The NPIP flock number or both the test date and the laboratory of test shall be recorded on the CVI.2. Chicks or hatching eggs shall originate from NPIP flocks or a flock that satisfies the requirements of KRS 257.410.(b) Avian influenza. All poultry shall comply with the requirements of 302 KAR 20:250, Avian influenza.(4) Other movements.(a) Commercial birds moving between company units shall have a way bill or log sheet stating origination of birds and intended destination with flock NPIP number.(b) Birds going directly to an approved slaughter facility shall provide the name and address for premises of origin.Section 8. Psittacine or Pet Birds. The entry of psittacine or pet birds shall comply with 9 C.F.R. Part 82 .(1) General requirement for entry.(a) All psittacine or pet birds imported for any purpose shall meet the requirements established in subsection (2) of this section.(b) All psittacine or pet birds shall be identified with official identification in accordance with 302 KAR 20:020, Section 1(2).(c) All importers of psittacine or pet birds for other than exhibition purposes shall keep records that indicate the origin and date of shipment, the name and address of the breeder, the number of birds shipped, and the name and address of the persons to whom the imported birds are sold.(2) Certificate of Veterinary Inspection. All imported psittacine or pet birds shall be accompanied by a CVI, inspected and found free of infectious and communicable diseases within fifteen (15) days immediately prior to the date of entry.Section 9. Ratites. (1) General requirements for entry. Ratites imported for any purpose shall meet the requirements established in subsections (2) and (3) of this section.(2) Certificate of Veterinary Inspection and Entry Permit. (a) All ratites entering the state for sale, exhibition, breeding, or feeding purposes shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).(b) An entry permit shall be obtained from OSV prior to entry of ratites into Kentucky. The permit number shall be recorded on the CVI and the certificate shall accompany the animals on entry.(c) All ratites shall have a permanent official identification in accordance with 302 KAR 20:020, Section 1(2).(3) Specific diseases. (a) Ratites shall be negative to an official test for Avian Influenza within thirty (30) days prior to entry or originate from a NPIP AI clean flock.(b) Ratites shall be negative to an official test for Salmonella pullorum within thirty (30) days prior to entry or originate from a NPIP flock.Section 10. Dogs, Cats, or Ferrets. (1) General Requirements for Entry. Dogs, cats, or ferrets for sale, exhibition or breeding purposes shall meet requirements established in subsections (2) and (3) of this section.(2) Certificate of Veterinary Inspection. (a) All dogs, except as provided in paragraph (b) of this subsection, cats, or ferrets entering the state for any purpose shall be accompanied by a valid CVI required by 302 KAR 20:020, Section 1(3)(c).(b) Service dogs shall be exempt from a CVI requirement, but shall have a current rabies vaccination certificate.(3) All dogs, cats, or ferrets over four (4) months of age imported for sale, exhibition, or any other purpose shall be vaccinated against rabies by a licensed veterinarian in accordance with the guidelines in the "Compendium of Animal Rabies Prevention and Control" prepared by the National Association of State Public Health Veterinarians, Inc., and available at http://www.cdc.gov/.Section 11. Exotic Ruminants, Circus, or Menagerie Animals.(1) General requirements for entry. All exotic ruminants, circus, or menagerie animals imported into the state for sale, exhibition or breeding purposes shall meet the requirements established in subsections (2), (3), and (4) of this section.(2) Certificate of Veterinary Inspection and Entry Permit.(a) All exotic ruminants, circus, or menagerie animals entering the state for sale, exhibition or breeding purposes shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).(b) A CVI shall be valid for thirty (30) days.(3) A transportation permit from the Kentucky Department of Fish and Wildlife Resources shall be required. The transportation permit shall be obtained from the Kentucky Department of Fish and Wildlife Resources, Arnold L. Mitchell Building, #1 Game Farm Road, Frankfort, Kentucky 40601.(4) Specific disease requirements. (a) Tuberculosis. Except as provided in paragraph (e) of this subsection, a person shall not import an exotic ruminant or bovine unless the animal tests negative on an official tuberculin test as provided in 9 C.F.R. 77.5 and conducted not more than sixty (60) days prior to entry date.(b) Brucellosis. Except as provided in paragraph (e) of this subsection, a person shall not import an exotic ruminant or bovine unless the animal tests negative on an official test as provided in 9 C.F.R. 78.1 and conducted not more than thirty (30) days prior to entry date.(c) EIA. All equine species animals shall meet the requirements established in Section 3(3)(a) of this administrative regulation.(d) Johne's. The importation of all exotic ruminants shall comply with 9 C.F.R. Part 80 .(e) Subsection (4)(a) and (b) shall not apply to an exotic ruminant imported directly to an institution accredited by the American Association of Zoological parks and aquariums.Section 12. Camelids.(1) General requirements for entry. Camelids imported for any purpose shall meet the requirements established in subsections (2) and (3) of this section.(2) Certificate of Veterinary Inspection and Entry Permit.(a) All camelids entering the state shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).(b) An entry permit shall be obtained from OSV prior to entry of camelids into Kentucky. The permit number shall be recorded on the CVI and the certificate shall accompany the animals on entry.(3) Specific diseases. (a) Brucellosis. Camelids imported from class free states shall not be required to test. Camelids six (6) months of age or older from states not class free shall be negative to an official brucellosis test within thirty (30) days prior to entry.(b) Tuberculosis. Camelids imported from class free states shall not be required to test. Came-lids six (6) months of age or older from states not class free shall be negative to an official tuberculosis test within sixty (60) days of entry. The injection site shall be in a nonhaired area that may be inspected visually and by palpation.Section 13. Cervids. (1) General requirements for entry. Cervids imported for any purpose shall meet the requirements established in subsections (2) and (3) of this section.(2) Certificate of Veterinary Inspection and Entry Permit. (a) All cervids entering the state shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).(b) An entry permit shall be obtained from OSV prior to entry of cervids into Kentucky. The permit number shall be recorded on the CVI and the certificate shall accompany the animals on entry.(c) Each entry permit shall be approved by the State Veterinarian or his representative before issuance.(3) Specific diseases.(a) Chronic Wasting Disease (CWD).All requirements in KRS 257.550 shall be met prior to interstate movement.(b) Brucellosis. 1. Cervids imported from class free states shall be exempt from testing.2. Cervids six (6) months of age or older originating from states that do not have class free status shall:a. Be negative to an official brucellosis test within thirty (30) days prior to entry; orb. Originate from a Brucellosis certified herd. The herd certification number and last test date shall be listed on the CVI.(c) Tuberculosis. Cervids twelve (12) months of age or older shall: 1. Be negative to an official tuberculosis test within ninety (90) days of entry; or2. Originate from a Cervid Tuberculosis accredited herd. The herd accreditation number and the last herd test date shall be listed on the CVI.Section 14. Incorporation by Reference. (1) The following material is incorporated by reference:(a) "Permit for movement of restricted animals the USDA APHIS VS Form 1-27", June 1989;(b) Report of Sales of Hatching Eggs, Chicks, and Poults, USDA APHIS VS Form 9-3, June 1998;(c) "Equine Infectious Anemia (EIA) Test Form", Kentucky Department of Agriculture, Office of State Veterinarian, KYSV-301, July 2005;(d) "EIA Laboratory Test Form, USDA APHIS VS Form 10-11", May 2003; and(e) "Compendium of Animal Rabies Prevention and Control", 2006.(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Office of State Veterinarian, 100 Fair Oaks Lane, Suite 252, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.Agr:Ls. D. 36-6; 1 Ky.R. 739; eff. 5-14-1975; Am. 4 Ky.R. 53; eff. 11-2-1977; 7 Ky.R. 19; eff. 9-3-1980; 9 Ky.R. 1303; eff. 7-6-1983; 11 Ky.R. 1645; eff. 6-4-1985; 14 Ky.R. 844; eff. 12-11-1987; 21 Ky.R. 1920; 2482; eff. 4-6-1995; 25 Ky.R. 415; eff. 10-16-1998; 29 Ky.R. 792; 1259; eff. 11-13-2002; 34 Ky.R. 383; 779; 1402; eff. 12-12-2007; TAm eff. 5-14-2008; 36 Ky.R. 1326; 1919; eff. 3-5-2010; Crt eff. 2-18-2020.STATUTORY AUTHORITY: KRS 246.295, 257.030, 257.070, 257.550