302 Ky. Admin. Regs. 20:065

Current through Register Vol. 51, No. 6, December 1, 2024

Section 302 KAR 20:065 - Sale and exhibition of Kentucky origin animals in Kentucky

RELATES TO: KRS Chapter 257, 9 C.F.R. Chapter 1

NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.020(3) requires the board to prevent, control, and eradicate any communicable disease of animals. KRS 257.030(2) 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 the sale, movement, and exhibition of Kentucky animals within Kentucky.

Section 1. General Requirements.

(1) All animals moving within Kentucky shall be subject to the requirements as established in 302 KAR 20:020.

(2) All animals offered for sale shall be accompanied by a Certificate of Veterinary Inspection (CVI), or other official movement document except for exemptions listed under each species of this administrative regulation or 302 KAR 20:040. 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. A CVI for sale purposes shall:

(a) Be valid for thirty (30) days from the date of issuance; and

(b) List a valid destination and be void upon arrival at that destination unless a Reconsignee Certificate for movement from the sale premises to a new destination is executed and attached to the original CVI.

(3) All animals entering venues for exhibition purposes where commingling of animals occurs shall be accompanied by a CVI.

(a) A CVI for Kentucky origin animals for purposes other than sale shall be valid as noted under each individual species.

(b) A CVI written for exhibition purposes shall be void upon change of ownership of the listed animals.

(4) All required tests shall be conducted by a state-federal approved laboratory as defined by 9 C.F.R. Chapter 1.

(5) An animal that originated from a quarantined area or quarantined herd shall not be transported intrastate within Kentucky unless permitted by OSV on VS Form 1-27 or a CVI with a quarantine movement permit obtained from OSV and attached to the CVI.

Section 2. Cattle and Other Bovine Species.

(1) General requirements.

(a) Cattle or other bovine species moving intrastate for sale except as provided in paragraph (b) of this section, change of ownership, or exhibition purposes shall meet the requirements established in subsections (2) and (3) of this section.

(b) Cattle and other bovine species moving directly to and for sale by a state-federal approved stockyard or a recognized slaughtering center shall meet the requirements established in subsections (3) and (4) of this section.

(2) Certificate of Veterinary Inspection.

(a) All cattle and other bovine species moving intrastate for sale, exhibition or change of ownership shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).

(b) A CVI for change of ownership and sale shall be valid for thirty (30) days.

(c) A CVI for intrastate exhibition shall be valid for the remainder of the calendar year in which it is issued or thirty (30) days whichever is greater.

(d) Cattle or other bovine species sold or bartered by private treaty and moving directly from farm to farm shall be exempt from the CVI requirement if the seller or barterer's name and premises of origin information are recorded and maintained for two (2) years by the recipient of the animal.

(3) Specific diseases.

(a) Brucellosis. Testing shall not be required for sale or exhibition if one (1) of the following applies:

1. Kentucky has class free status; or

2. The animals are moving from a brucellosis certified herd. The herd number and last test date shall be recorded on the CVI.

(b) Tuberculosis. Testing shall not be required for sale or exhibition if one of the following applies:

1. Kentucky has class free status; or

2. The animals are from a tuberculosis accredited herd. The herd number and last test date shall be recorded on the CVI.

(c) Cattle or other bovine species infected with warts, ringworm, or any other communicable disease shall not be eligible for exhibition.

(4) 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 moving to a state-federal approved stockyard or directly to a recognized slaughtering center.

Section 3. Horses and Other Equine Species.

(1) General requirements.

(a) Equine moving intrastate for sale, racing, change of ownership, exhibition or into a public stable, fairgrounds, or showgrounds except as provided in paragraphs (b) and (c) of this subsection shall meet the requirements established in subsections (2) and (3) of this section.

(b) Equine moving directly to a state approved horse sale shall meet the requirements established in subsection (4) of this section.

(c) Equine moving farm to farm with no change of ownership or to a veterinary facility shall not be required to meet the requirements established in subsections (2) and (3) of this section.

(2) Certificate of Veterinary Inspection or Equine Interstate Event Permit.

(a) All equine moving intrastate shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).

(b) A CVI for change of ownership and sale shall be valid for thirty (30) days.

(c) A CVI for intrastate exhibition shall be valid for the duration of the EIA test certificate not to exceed one (1) year.

(d) An Equine Interstate Event Permit issued within the previous twelve (12) months shall be accepted in lieu of a CVI and EIA test report for exhibition purposes.

(e) A CVI or an Equine Interstate Event Permit shall be void upon change of ownership.

(3) Equine Infectious Anemia.

(a) Except as provided in paragraph (b) of this subsection, horses or other equidae shall be negative to an USDA official test, pursuant to 9 C.F.R. 75.4, for EIA within the previous twelve (12) months.

(b) A copy of 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 accompany the CVI and the laboratory accession number and date of test shall be recorded on the CVI.

(c) Unweaned foals accompanied by their dam shall be exempt from paragraph (a) of this subsection.

(4) Approved Kentucky horse sales.

(a) Horses or other equidae may move directly to an approved Kentucky horse sale without a CVI or negative EIA test certificate.

(b) Approved Kentucky horse sales shall meet the requirements of 302 KAR 20:261.

(c) All horses or other equidae presented without valid negative EIA test certificates shall have a blood sample drawn for EIA testing by the approved market veterinarian at the seller's expense.

Section 4. Swine.

(1) General requirements.

(a) Swine moving intrastate for sale, change of ownership, or exhibition shall meet the requirements established in subsections (2) and (3) of this section.

(b) Swine moving directly to and for sale by a state-federal approved stockyard or a recognized slaughtering center shall meet the requirements established in subsections (3) and (4) of this section.

(c) Swine listed in this paragraph shall not be moved for any purpose, except under jurisdiction of the OSV or the USDA APHIS VS:

1. Garbage fed swine; or

2. Wild, captive wild, or feral swine, Sus scrofa per definition, including Russian wild boars and Eurasian wild boars.

(2) Certificate of Veterinary Inspection.

(a) All swine moving intrastate for sale, exhibition or change of ownership shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).

(b) A CVI for change of ownership and sale shall be valid for thirty (30) days.

(c) A CVI for intrastate exhibition shall be valid for the remainder of the calendar year in which it is issued or thirty (30) days whichever is greater.

(d) Swine sold or bartered by private treaty and moving directly from farm to farm shall be exempt from the CVI requirement if the seller or barterer's name and premises of origin information are recorded and maintained for two (2) years by the recipient of the animal.

(3) Specific diseases.

(a) Brucellosis. Testing shall not be required for sale or exhibition if one (1) of the following apply:

1. Kentucky is a class free state; or

2. The animal is from a validated brucellosis free herd and the validation number and last test date are recorded on the CVI.

(b) Pseudorabies. Testing shall not be required for sale or exhibition if Kentucky maintains a Stage V Pseudorabies status.

(4) Swine moving to a Kentucky state-federal approved stockyard or directly to a recognized slaughtering center 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 Other Ovine Species.

(1) General requirements.

(a) Sheep or lambs 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) Sheep moving directly to and for sale by a state-federal approved stockyard, graded sale, telemarketing sale, or a recognized slaughtering center shall meet the requirements established in subsections (3) and (4) of this section.

(c) Sheep that require a CVI for movement shall be identified with an official USDA Scrapie Program identification tag or other official identification method in accordance with 302 KAR 20:020, Section 1(2).

(2) Certificate of Veterinary Inspection.

(a) All sheep or lambs moving intrastate for sale, exhibition, breeding, or feeding purposes shall be accompanied by a valid CVI required by 302 KAR 20:020, Section 1(3)(c).

(b) A CVI for change of ownership or sale shall be valid for thirty (30) days.

(c) A CVI for intrastate exhibition shall be valid for the remainder of the calendar year in which it is issued or thirty (30) days whichever is greater.

(d) Sheep sold or bartered by private treaty and moving directly from farm to farm shall be exempt from the CVI requirement if the seller or barterer's name and premises of origin information are recorded and maintained for two (2) years by the recipient of the animal.

(3) Specific diseases.

(a) Scrapie. 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 allowed movement except as permitted by USDA APHIS VS or the OSV.

(b) Scabies. Sheep affected with or exposed to scabies or from an area quarantined because of scabies shall not be eligible for sale or exhibition.

(c) Sore mouth (Contagious Ecthyma). Any sheep or lambs showing lesions of contagious ec-thyma shall not be eligible for exhibition or sale.

(4) Other movements. Sheep or lambs moving to state-federal approved stockyards, graded sales, telemarketing sales, or directly to a recognized slaughtering center shall be identified with:

(a) 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 6. Goats or Other Caprine Species.

(1) General requirements.

(a) Goats moving 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 moving directly to and for sale by a state-federal approved stockyard, graded sale, telemarketing sale, or a recognized slaughtering center shall meet the requirements established in subsections (3) and (4) of this section.

(c) Goats that require a CVI for movement shall be identified with an official USDA Scrapie program identification tag or other official identification method in accordance with 302 KAR 20:020, Section 1(2).

(2) Certificate of Veterinary Inspection.

(a) All goats moving intrastate 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) A CVI for change of ownership or sale shall be valid for thirty (30) days.

(c) A CVI for intrastate exhibition shall be valid for the remainder of the calendar year in which it is issued or thirty (30) days whichever is greater.

(d) Goats sold or bartered by private treaty and moving directly from farm to farm shall be exempt from the CVI requirement if the seller or barterer's name and premises of origin information are recorded and maintained for two (2) years by the recipient of the animal.

(3) Specific diseases.

(a) Scrapie. Goats 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 allowed movement except as permitted by USDA APHIS VS or the OSV.

(b) Brucellosis. Any goat that originates from a premises that has been infected with or exposed to B. melitensis or other Brucella sp. within the previous twelve (12) months shall be negative to a Brucella test within thirty (30) days for sale or exhibition.

(c) Tuberculosis. Testing shall not be required for sale or exhibition if Kentucky has class free status.

(d) Goats infected with a communicable disease shall not be eligible for sale or exhibition.

(4) Other movements. Goats moving to state-federal approved stockyards, graded sales, telemarketing sales, or directly to a recognized slaughtering center shall be identified with:

(a) 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 or Farm Raised Upland Game Birds.

(1) General requirements.

(a) Birds four (4) months or older for exhibition purposes shall meet the requirements established in subsections (2) and (3) of this section;.

(b) Chicks or hatching eggs for sale shall meet the requirements established in subsections (2) and (3)(b) of this section.

(c) Birds moving to an approved slaughter facility or between a commercial company's facilities shall meet the requirements established in subsection (4) of this section.

(2) Certificate of Veterinary Inspection.

(a) A CVI, Non-NPIP Flock Report, or NPIP Flock Certificate with the flock number shall be required for movement and exhibition.

(b) A CVI or Non-NPIP Flock Report shall be valid for the remainder of the ninety (90) day S. pullorum test period for intrastate exhibition. An NPIP certificate shall be valid for one (1) year from the date issued for intrastate exhibition.

(c) The official individual identification, leg or wing band, shall be recorded on the CVI or Non-NPIP Flock Report.

(3) Salmonella Pullorum.

(a) Birds four (4) months of age or older shall be negative to an official Salmonella pullorum test within ninety (90) days 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.

(b) Chicks or hatching eggs shall originate from a flock as required by KRS 257.400.

(4) Other movements.

(a) Persons moving commercial poultry between company facilities shall maintain a log book or possess a way bill stating the origination of the birds and intended destination with the flock NPIP number.

(b) Persons moving birds directly to slaughter shall provide the name and address for premises of origin.

Section 8. Ratites.

(1) General requirements.

(a) Ratites moving for sale or exhibition purposes shall meet the requirements established in subsections (2) and (3) of this section.

(b) A permit number shall be obtained from OSV prior to the sale of ratites in Kentucky. This permit number shall be recorded on the CVI accompanying the animals.

(c) All ratites shall have a permanent official identification in accordance with 302 KAR 20:020, Section 1(2).

(d) Any ratite with evidence of a communicable disease shall not be eligible for sale or exhibition.

(2) Certificate of Veterinary Inspection.

(a) All ratites moving intrastate for sale or exhibition shall be accompanied by a valid CVI or NPIP certificate as required by 302 KAR 20:020, Section 1(3)(c).

(b) A CVI for change of ownership and sale shall be valid for thirty (30) days.

(c) A CVI for intrastate exhibition shall be valid for ninety (90) days.

(3) Specific diseases.

(a) Avian Influenza. Ratites shall be negative to an official test as defined by 9 C.F.R. Part 145 , within ninety (90) days prior to sale or exhibition or originate from a NPIP AI Clean flock.

(b) Salmonella pullorum. Ratites shall be negative to an official test as defined by 9 C.F.R. Part 145, within ninety (90) days prior to sale or exhibition or originate from a NPIP flock.

Section 9. Dogs, Cats, or Ferrets. General Requirements for exhibition.

(1) All dogs, cats, or ferrets for exhibition shall be accompanied by a Small Animal CVI Form as required by 302 KAR 20:020, Section 1(3)(c).

(2) CVI shall be valid for the duration of the rabies vaccination not to exceed one (1) year.

(3) All dogs, cats or ferrets over four (4) months of age shall be vaccinated against rabies per the "Compendium of Animal Rabies Prevention and Control" prepared by the National Association of State Public Health Veterinarians, Inc.

Section 10. Camelids.

(1) General requirements.

(a) Camelids moving for sale or exhibition shall meet the requirements established in subsections (2) and (3) of this section.

(b) All camelids shall be identified with an official identification tag or other official identification method in accordance with 302 KAR 20:020, Section 1(2).

(2) Certificate of Veterinary Inspection.

(a) All camelids moving intrastate for sale or exhibition shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).

(b) A CVI for change of ownership and sale shall be valid for thirty (30) days.

(c) A CVI for intrastate exhibition shall be valid for the remainder of the calendar year in which it is issued or thirty (30) days whichever is greater.

(3) Specific diseases.

(a) Brucellosis. Testing shall not be required for sale and exhibition if Kentucky has class free status.

(b) Tuberculosis. Testing shall not be required for sale and exhibition if Kentucky has class free status.

Section 11. Cervid.

(1) General requirements.

(a) Cervids moving for export, sale or other purposes except as provided in paragraphs (b) and (d) of this subsection shall meet the requirements established in subsections (2) and (3) of this section.

(b) Cervids moving to a recognized slaughtering center or a veterinary clinic shall meet the requirements as required by subsection (4) of this section.

(c) All cervids shall be identified with an official identification tag or other official identification method in accordance with 302 KAR 20:020, Section 1(2).

(d) Cervids moved by wildlife rehabilitators permitted under 301 KAR 2:075 shall be exempt from this section.

(e) All farm held cervids shall meet the requirements established in 302 KAR 20:066.

(2) Certificate of Veterinary Inspection and Movement Permit.

(a) All cervids moving for export, intrastate sale or other purposes shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).

(b) A CVI for sale shall include the following:

1. Consignor's name, address, and the Cervid Chronic Wasting Disease Surveillance and Identification program herd number; and

2. Consignee's name, address, and Cervid Chronic Wasting Disease Surveillance and Identification program herd number.

(c) A CVI for change of ownership or sales shall be valid for thirty (30) days.

(d) A permit shall be obtained from OSV prior to the export, sale, or other movement of all cer-vids in Kentucky. The permit number shall be recorded on the CVI.

(3) Specific diseases.

(a) Brucellosis. Cervids six (6) months of age or older shall:

1. Be negative to an official brucellosis test, as defined in 9 C.F.R. Part 78 , within thirty (30) days prior to date of sale;

2. Originate from a brucellosis certified herd; or

3. Be exempt from testing if:

a. Kentucky has bovine or cervid brucellosis free status; and

b. Brucellosis has not been diagnosed within Kentucky in any class of cervids in the previous five (5) years.

(b) Tuberculosis. Cervids twelve (12) months of age or older shall:

1. Be negative to a single cervical tuberculin (SCT) test within sixty (60) days prior to date of sale;

2. Originate from a tuberculosis accredited herd; or

3. Be exempt from testing if:

a. Kentucky has bovine or cervid tuberculosis free status; and if

b. Tuberculosis has not been diagnosed within Kentucky in any class of cervids in the previous five (5) years.

(4) Other movement. Cervids from captive cervid premises moving to a recognized slaughtering center or a veterinary clinic shall obtain a movement permit from the OSV prior to movement.

Section 12. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Certificate of Veterinary Inspection Form", Kentucky Department of Agriculture, Office of State Veterinarian, KYSV-72, (Apr. 2005);

(b) "Equine Only Certificate of Veterinary Inspection Form", Kentucky Department of Agriculture, Office of State Veterinarian, KYSV-73, (Sept. 2006);

(c) "Small Animal Certificate of Veterinary Inspection Form", Kentucky Department of Agriculture, Office of State Veterinarian, KYSV-74, (Jan. 2006);

(d) "Equine Infectious Anemia (EIA) Test Form", Kentucky Department of Agriculture, Office of State Veterinarian, KYSV-301, (July 2005);

(e) "EIA Laboratory Test Form", USDA APHIS VS Form 10-11, (May 2003);

(f) "Compendium of Animal Rabies Prevention and Control", (2006);

(g) "Non-NPIP Flock Report, Kentucky Department of Agriculture", Office of State Veterinarian, KYSV-800, (Sept. 2005);

(h) "NPIP Flock Certificate", USDA APHIS VS Form 9-3, (June1998); and

(i) "Permit for movement of restricted animals the USDA APHIS", VS Form 1-27, (June 1989).

(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.

302 KAR 20:065

9 Ky.R. 1348; eff. 7-6-83; Am. 11 Ky.R. 1648; eff. 6-4-85; 12 Ky.R. 221; eff. 9-10-85; 13 Ky.R. 1094; eff. 1-13-86; 14 Ky.R. 854; eff. 12-11-87; 1939; 2184; eff. 5-9-88; 21 Ky.R. 1927; 2488; eff. 4-6-95; 29 Ky.R. 796; 1263; eff. 11-13-02; 34 Ky.R. 390; 525; 785; 1408; eff. 12-12-07; 37 Ky.R. 1031; 1630; eff. 2-4-2011; Crt eff. 2-18-2020.

STATUTORY AUTHORITY: KRS 246.295, 257.030, 257.315, 257.380