302 Ky. Admin. Regs. 20:240

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

Section 302 KAR 20:240 - Mycobacterium paratuberculosis (Johne's)

RELATES TO: KRS Chapter 257

NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.030 authorizes the board to order and enforce the cleaning and disinfection of premises and all articles and materials by which communicable diseases may be transmitted, and the destruction of diseased and exposed animals, property, and materials. This administrative regulation establishes a voluntary procedure to prevent, control, and eradicate mycobacterium paratuberculosis (Johne's) for bovine and bison.

Section 1. Definitions.

(1) "Bovine" or "bison" means a sexually intact male or female bovine or bison twelve (12) months of age or older designated to be used for breeding.

(2) "Herd" means all bovine and bison animals that:

(a) Are maintained on common grounds under common ownership or supervision, including an animal which may be geographically segregated; and

(b) Have interchange or movement of animals without regard to health status.

(3) "Herd known to be infected with mycobacterium paratuberculosis" means a herd in which bovine, bison, or other animals on the premises have been determined to be infected with mycobacterium paratuberculosis by an official mycobacterium paratuberculosis epidemiologist or state veterinarian;

(4) "Johne's" means a contagious, infectious and communicable disease caused by mycobacterium paratuberculosis bacteria.

(5) "Management agreement plan" or "MAP" means a plan voluntarily agreed to by the herd owner, designated herd veterinarian, and the Department of Agriculture or state veterinarian that is designed to qualify the herd as mycobacterium paratuberculosis free.

(6) "Negative herd" means a herd that tested negative to an official mycobacterium paratuberculosis test that was given to classify animals in the herd for participation in a voluntary management agreement plan.

(7) "Official eartag" means an identification eartag approved by the Animal Plant Health Inspection Service (APHIS) as being tamper-resistant and providing unique identification for each animal. An official eartag may conform to the alphanumeric National Uniform Eartagging System, or it may bear a valid premises identification number that is used in conjunction with the producer's livestock production numbering system to provide a unique identification number.

(8) "Official individual animal identification" means a set of identifying characters which is uniquely associated with an individual animal, and which consists of one (1) of the following:

(a) The animal's official eartag number;

(b) The animal's breed association tattoo;

(c) The animal's breed association registration number; or

(d) A registration freeze brand number which uniquely identifies the animal.

(9) "Official mycobacterium paratuberculosis epidemiologist" means a state or federal veterinarian that is designated by the state veterinarian and the federal veterinarian in charge to investigate, diagnose, and make recommendations concerning an animal affected with mycobacterium paratuberculosis.

(10) "Official mycobacterium paratuberculosis test" means a serological test, fecal culture, DNA probe, or other test that is:

(a) Approved by the state veterinarian for the diagnosis of mycobacterium paratuberculosis; and

(b) Licensed or approved by the United States Department of Agriculture and the Kentucky Department of Agriculture.

(11) "Positive animal" means an animal:

(a) Which has given a positive or suspect reaction to an official serology test or culture positive for the mycobacterium paratuberculosis organism; or

(b) In which the mycobacterium paratuberculosis organism has been found in:

1. The body of the animal; or

2. The body discharge of the animal.

Section 2. Voluntary Herd Participants.

(1) The herd owner shall submit a written application requesting the herd be enrolled in a voluntary herd MAP for the control and eradication of mycobacterium paratuberculosis.

(2) The herd owner shall present all eligible animals for inspection and testing and shall provide adequate records to ensure implementation of the herd MAP.

(3) The herd owner shall officially identify all animals upon implementation of a voluntary herd MAP and shall officially identify all natural additions to the herd within seven (7) days following birth.

(4) The herd owner shall maintain adequate fencing to prevent contact with:

(a) A positive animal; or

(b) An animal with an unknown Johne's disease status.

(5) The herd owner shall within seven (7) days notify his veterinarian of all new additions to the herd.

(6) The herd owner shall follow all the guidelines and requirements of the herd MAP. The state veterinarian, the herd owner, and the veterinarian in charge of the herd plan shall approve changes in the MAP.

(7) The herd veterinarian, herd owner, official mycobacterium paratuberculosis epidemiologist, and state veterinarian shall develop a mycobacterium paratuberculosis MAP.

(8) The herd veterinarian shall:

(a) Advise the owner in implementing the herd MAP;

(b) Submit to the Office of the State Veterinarian, Division of Animal Health, a copy of the herd MAP; and

(c) Keep the state veterinarian informed of all MAP changes.

(9) The herd veterinarian shall conduct each quarter an on-site evaluation of the MAP including all management procedures and facilities. These evaluations shall be reported to the state veterinarian. One (1) of the quarterly inspections shall be conducted in the presence of a Board of Agriculture agent designated by the state veterinarian.

(10) The herd veterinarian shall collect samples or specimens that may be necessary to implement the herd MAP. A state or federal approved laboratory shall conduct the tests.

(11) The state veterinarian shall maintain a record of official individual animal identification, a record of all test results, a register of herds enrolled in MAP, and the herd mycobacterium paratuberculosis herd status.

(12) In an agreement with the herd owner and the designated herd veterinarian, the state veterinarian may provide assistance in implementing a MAP and shall review and approve all mycobacterium paratuberculosis MAP.

(13) The state veterinarian shall conduct a minimum of one (1) annual herd inspection.

(14)

(a) The register for herds enrolled in a voluntary Johne's program shall be public information.

(b) Information regarding herd test history or current Johne's herd status shall not be public information.

Section 3. Test Requirements.

(1) A herd not known to be infected with mycobacterium paratuberculosis within the last five (5) years shall be tested as follows:

(a) All animals twenty (20) months of age or older shall have blood collected and a fecal culture for an official mycobacterium paratuberculosis test.

(b) A negative herd blood test and negative fecal culture may qualify the herd to be designated as a Phase III herd and the herd may then be classified as a mycobacterium paratuberculosis (Johne's) test negative herd.

(c) To maintain a Johne's test negative herd, the herd shall have:

1. An annual herd test of all animals twenty (20) months of age or older; and

2. A fecal culture conducted every third year.

(d) If a Johne's positive animal is classified, the herd shall be tested following the requirements established in Section 3(2) of this administrative regulation.

(2) A herd known to be infected with mycobacterium paratuberculosis within the last five (5) years shall be treated as follows:

(a) All animals twenty (20) months of age or older shall have blood collected for an official mycobacterium paratuberculosis test.

(b) All animals twenty (20) months of age or older that are positive to an official serology test shall:

1. Have a fecal culture for Johne's;

2. If removal of the animal is requested after a positive official serology test, be "J" punched as set out in paragraph (c) of this subsection and consigned to slaughter only. If the animal is to be slaughtered for home consumption, it shall be slaughtered in an approved state or federal facility; and

3. Not remain on the premises without being fecal culture tested for Johne's.

(c) A Johne's fecal culture positive animal shall be immediately and permanently identified by punching the letter "J" through the left ear of the animal along with placement of an official eartag, if an official eartag is not already in place. The "J" punch shall be performed by an agent of the board of agriculture as designated by the state veterinarian. An animal so identified shall be consigned to slaughter when removed from the premises. The herd shall be eligible for a second herd test six (6) months after the last known Johne's positive animal has been removed from the herd. The official mycobacterium paratuberculosis epidemiologist and state veterinarian shall determine which tests shall be conducted based on the herd's Johne's prevalence and risk classification.

(d) A complete herd test of all animals twenty (20) months of age or older shall be conducted at six (6) month intervals until the herd is classified as a Johne's test negative herd.

(3) Johne's herd risk classification.

(a) A herd with a Johne's infection rate greater than five (5) percent shall be considered a "high risk" herd.

(b) The herd risk classification shall determine the types of test required to establish a Johne's test negative herd. The official mycobacterium paratuberculosis epidemiologist and the state veterinarian shall determine test requirements.

(4) Herd addition test requirements.

(a) An animal twenty (20) months of age or older shall have a negative serology test within thirty (30) days prior to change of ownership.

(b) A fecal sample shall be submitted for mycobacterium paratuberculosis culture within fifteen (15) days following the animal's introduction to the premises. An animal shall be isolated until the fecal culture has been completed and reported by the laboratory.

(c) Six (6) months post introduction into the herd, the animal shall be tested for Johne's by serology.

(d) Twelve (12) months post introduction into the herd, the animal shall be tested for Johne's by serology and fecal culture.

Section 4. Procedures for Implementing a Mycobacterium Paratuberculosis MAP. The mycobacterium paratuberculosis MAP shall include:

(1) Phase I. Introductory to mycobacterium paratuberculosis MAP.

(a) A clean separate calving area shall be provided for each cow. The area shall be cleaned and disinfected following each calving.

(b) The udder shall be washed prior to calving and care shall be taken to remove all fecal material.

(c) The calf shall be removed from the dam immediately following calving and placed in a clean facility. A calf shall not nurse the dam.

(d) The udder shall be cleaned and disinfected prior to collecting colostrum for the initial feeding.

1. Except as provided in subparagraph 2 of this paragraph, colostrum shall:

a. Be pasteurized; or

b. Originate from a cow that has had two (2) negative tests at not less than six (6) month intervals.

2. For an older calf, pasteurized milk or commercial milk replacement shall be used.

(e) Caution shall be taken to prevent feed contamination. Clean feeding equipment shall be used.

(f) An individual hutch or pen shall be used to house a calf. A calf housing facility shall be separate from the adult cattle. A calf shall not have exposure to adult cattle fecal material.

(g) Clean bedding shall be used. Caution shall be taken to prevent the introduction of manure into the calf housing facility by footwear, equipment, or other means. All clothing shall be changed and equipment cleaned and disinfected prior to entering the calf housing area.

(h) A calf shall be housed and pastured in a designated Johne's disease free area. A winter housing area shall be separate and apart from the adult herd.

(i) Clean Johne's free water shall be provided.

1. The water source shall originate from developed tanks or free-flowing streams.

2. A stagnant pool shall be fenced to prevent livestock entry.

(j) If it is not practical to separate the calves, the cows shall calve in a large, clean, open pasture area. Cows shall not be brought together or restricted to a small designated area if calving.

(k) The requirements established in this subsection shall have been implemented and approved by the official mycobacterium paratuberculosis epidemiologist and by the state veterinarian. The herd shall participate in Phase I for twelve (12) months.

(2) Phase II. Advanced mycobacterium paratuberculosis MAP.

(a) Mycobacterium paratuberculosis test protocol shall be implemented and all test eligible animals presented for test and culture.

(b) A classified Johne's positive animal shall be isolated and sold for slaughter.

(c) Offspring from an animal with clinical mycobacterium paratuberculosis symptoms shall be removed from the herd:

1. Immediately; or

2. Prior to eighteen (18) months of age.

(d) An animal with symptoms of mycobacterium paratuberculosis shall be immediately isolated and tested. The requirements established in Section 3(2)(a), (b), and (c) of this administrative regulation shall be completed.

(3) Phase III.

(a) A Phase III herd shall be a herd which has:

1. Been a qualified Phase II herd for twenty-four (24) months or more; and

2. Had four (4) consecutive negative herd tests of all eligible animals at not less than six (6) month intervals.

(b) To maintain a Johne's test negative herd, the herd shall have an annual negative herd test of all eligible animals between ten (10) and twelve (12) months of the herd Johne's test negative anniversary date.

Section 5. Loss of Herd Johne's Test Negative Status.

(1) Detection of mycobacterium paratuberculosis by a laboratory procedure shall constitute a suspension of the mycobacterium paratuberculosis negative herd status. The herd shall be removed from the Johne's test negative herd registry.

(2) If there is a loss of Johne's test negative herd status, reestablishment shall be granted after two (2) negative herd tests of all eligible animals have been conducted at six (6) months and twelve (12) months following the loss of Johne's negative herd status.

(3) If a purchased addition causes a loss of Johne's negative herd test status, the state veterinarian, the official mycobacterium paratuberculosis epidemiologist, the herd veterinarian and the owner shall amend the MAP for reinstatement of mycobacterium paratuberculosis Johne's test negative herd status.

Section 6. Proper Test and Culture Payment. If available, the Kentucky Department of Agriculture shall provide funds for laboratory mycobacterium paratuberculosis (Johne's) test culture for a herd enrolled in a MAP. Enrollment in a MAP shall be a requirement for payment of the initial test.

Section 7. Incorporation by Reference.

(1) "Kentucky Department of Agriculture Johne's Herd Management Agreement Plan (MAP) (8/01 edition)" is incorporated by reference.

(2) It may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, 100 Fair Oaks Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

302 KAR 20:240

24 Ky.R. 1795; Am. 2363; eff. 5-13-98; 28 Ky.R. 1493; 1825; eff. 2-11-2002; Crt eff. 2-18-2020.

STATUTORY AUTHORITY: KRS 257.020, 257.030(3), (4), 257.110