302 KAR 20:070.
Stockyards.
RELATES TO: KRS
Chapter 257
STATUTORY
AUTHORITY: KRS 257.020, 257.030
NECESSITY,
FUNCTION, AND CONFORMITY: KRS
257.020(3) requires the Board of Agriculture to prevent, control, and eradicate
any communicable disease of livestock. KRS 257.030(4) authorizes the board to
promulgate administrative regulations necessary to administer any provision of
KRS Chapter 257. This administrative regulation establishes
sanitary requirements and operational procedures for all stockyards relative to
disease control.
Section 1.
Operating Sale Requirements. (1) The owner or manager operating a stockyard
shall arrange for an accredited, licensed veterinarian, approved by the Board
of Agriculture, to be available to carry out the provisions of this
administrative regulation.
(a) A licensed,
accredited veterinarian seeking approval by the board to be designated as an
official market veterinarian shall make application and state that he shall
comply with this and all associated administrative regulations relative to the
responsibilities of the position.
(b) The official
market veterinarian shall be responsible to replace himself with another
veterinarian, approved by the board, if he finds it necessary to be absent from
the market.
(c) The official
market veterinarian shall not resign his duties without written notice to the
sale company and the state veterinarian's office at least ten (10) days prior
to resignation.
(d) The failure
or neglect to properly perform any of the responsibilities and duties of the
official market veterinarian shall be cause for termination.
(2) The person
operating a stockyard shall provide separate pens for isolating animals classed
as reactors to brucellosis or any contagious, infectious, or communicable
disease. The pens shall be permanently identified as "bangs" and
isolation pens and the words shall be spelled out on the pen gates. The pens
shall be constructed so as to facilitate easy cleaning and disinfecting after
each use. The pens shall have concrete floors and complete walls with no fences
or gates to permit contact with adjacent animals. Any watering troughs or feed
bunks in the "bangs" and isolation pens shall be located so that no
other livestock in the market can access them at any time. All diseased animals
shall be yarded in the "bangs" and isolation pens and shall be sold
last. The animals shall be identified as reactors or diseased animals on the
invoices of both the buyer and the seller. The "bangs" and isolation
pens shall not be used at any time except for known brucellosis or other
contagious, infectious, or communicable disease reactors, suspects, or diseased
animals. The classified animals shall move directly to a recognized slaughter
establishment. Temporary "bangs" and isolation pens may be used if
necessary and if prior approval for the use of the pens has been obtained from
an agent of the State Board of Agriculture. Temporary pens shall be identified
as "bangs" and isolation pens as provided in this section.
(3) The owner
operating a stockyard shall provide adequate space, utilities, hot water and
assistance for the market veterinarian to officially carry out the provisions
of this administrative regulation. All licensed Kentucky livestock markets
shall provide the following requirements for the market's testing laboratory.
The laboratory shall:
(a) Be
constructed and equipped so as to be maintained at room temperature (normal
working temperature) in both summer and winter (i.e., heaters and air
conditioners);
(b) Contain a
sink with hot and cold running water;
(c) Be equipped
with a refrigerator in good working condition;
(d) Be
constructed so that the market veterinarian shall have sufficient space and
privacy to conduct the required tests and fill out the associated records and
forms;
(e) Be
constructed so that it can be kept clean easily and locked at all times if not
in use;
(f) Contain a
work counter and sufficient shelf space, cabinets with locks, and storage space
to keep forms, ear tags, and other supplies as required by the official market
veterinarian in carrying out his duties;
(g) Be supplied
with adequate artificial light. The electrical wiring shall be adequate to
carry at a minimum a centrifuge, electrical refrigerator, and cooling facility
and have at least two (2) additional electrical outlets; and
(h) Be located
so as to be convenient for the veterinarian and the public while conducting his
duties as the official market veterinarian.
(4) The owner or
operator shall furnish and maintain one (1) or more cattle chutes suitable for
restraining animals for inspection of any infectious, contagious, or parasitic
condition, testing, tagging, branding, and other procedures routinely required
in providing livestock sanitary services and identification for movement at
stockyards.
(5) The owner or
operator shall maintain records of the seller and purchaser of all livestock
for one (1) year. These records shall be made available to Department of
Agriculture representatives for inspection upon request during regular business
hours.
(6) The owner or
operator shall provide adequate facilities and service, at a reasonable cost,
if not available at or near the yards, for cleaning and disinfecting cars,
trucks, or other vehicles which have transported to the stockyards animals
known to be infected with or exposed to a contagious, infectious, communicable,
or parasitic disease. Cleaning and disinfection shall be performed according to
9 CFR 71.10, 71.11, and 71.12, and at the direction and under the supervision
of the Department of Agriculture.
Section 2.
General Requirements. (1) All stockyards shall be maintained in a workable and
acceptable sanitary condition as established by state and federal regulatory
agencies. Stockyards shall be inspected as required by a representative of the
board.
(2) After an
occurrence of any infectious, contagious, parasitic, or communicable disease of
livestock in a stockyard, exposed facilities capable of transmitting disease
shall be cleaned and disinfected according to 9 CFR 71.10, 71.11, and 71.12,
and at the direction and under the supervision of the Department of
Agriculture.
(3) Livestock
found to be infected and showing clinical or diagnostic symptoms of an
infectious, contagious, parasitic, or communicable disease shall, upon
recommendation of the market veterinarian or authorized representative of the
chief livestock health official, be quarantined in an isolated portion of the
yards for treatment, additional diagnostic laboratory procedures, disposition
to slaughter, or other disposition pursuant to accepted methods of disease
prevention and control.
(4) All
livestock originating from a quarantined herd or premises shall be sold under
permit for immediate slaughter.
(5) Exposed animals and
reactor animals shall be identified as described in 9 CFR 78.7 and 78.8.
(6) Female bovine breeding animals sold
through a Kentucky livestock market that are returned to a Kentucky farm shall
be identified as to farm of origin.
(7) The Kentucky Department of
Agriculture shall not be responsible for a test result that is conducted at a
market. All animals positive to a test for a disease shall revert to the
consignor.
Section 3.
Veterinary Compensation. Market veterinarians shall receive for any services
rendered a fee that has been agreed on by the stockyard operators and the
accredited veterinarians. The fees shall be deducted from the seller's check or
added to the buyer's check, depending upon conditions of sale, and shall be
paid to the market veterinarian.
Section 4.
Veterinary Duties. (1) The market veterinarian shall perform the following
described duties in cooperation with representatives of the department. The
market veterinarian shall:
(a) Be available
to inspect livestock to clarify the health status of the animals and to qualify
the animals for interstate movement;
(b) Collect blood and tissue
samples and submit samples to a state-federal approved laboratory to qualify
animals to move intra/interstate if required;
(c) Be available to conduct a visual
inspection of livestock for clinical signs of a contagious, infectious, or
communicable disease;
(d) Compile and present required reports;
(e) Report the presence of any animal
showing symptoms suggestive of a "reportable" disease or any other
disease that may cause animals to become infected or exposed to a communicable
livestock disease;
(f) Forward copies of all forms to the
Office of the State Veterinarian. All official forms, certificates, or
documents shall be dated and signed by the official market veterinarian only
when they are issued. An official document shall not be presigned by the market
veterinarian under any circumstance. The use of any official stamp by persons
other than the approved market veterinarian, state livestock inspector, or
federal employee shall be prohibited;
(g) Be available to allow buyers to
qualify livestock for interstate movement; and
(h) Use, if collecting blood, separate
bleeding needles and syringes for each animal. The veterinarian shall follow
accepted standards to prevent the transmission of infectious agents to
livestock.
(2) All cattle shall meet the
requirements of the state of destination. Livestock moving from a Kentucky
livestock market shall be accompanied by a bill of lading or by other official
documentation that may be required to meet intra/interstate movement.
Section 5. Cattle, Bison, and Goat
Requirements. (1) General requirements. Breeding classified cattle, bison, and
goats originating from an out of state livestock market shall be accompanied on
entry into the state by a Certificate of Veterinary Inspection. The certificate
shall document individual animal official identification, permit, age, breed,
and sex. Cattle, bison, and goats designated as feeder or slaughter animals
shall be accompanied on entry by a weigh bill or bill of lading. The weigh bill
or bill of lading shall document the permit number, if required, of animals
being shipped, where the animals were purchased, and the immediate destination
of the animals.
(2) Tuberculosis. Cattle, bison, and
goats.
(a) Cattle, bison, and goats originating
from a tuberculosis accredited free state or zone may be moved interstate and
intrastate without restriction.
(b) Cattle, bison, and goats originating
from a modified accredited advanced state or zone, and that are not known to be
infected with or exposed to tuberculosis, may be moved interstate only under
one (1) of the following conditions:
1. The cattle, bison, and goats are moved
directly to slaughter at an approved slaughtering establishment.
2. The cattle, bison and goats are
sexually intact and moved to an approved feedlot, or are steers, spayed heifers
or wethers, and are either officially identified or identified by premises of
origin identification.
3. The cattle, bison, and goats originate
from an accredited herd and are accompanied by a certificate stating that the
accredited herd completed the testing necessary for accredited status with
negative results within one (1) year prior to the date of movement.
4. The cattle, bison, or goats are
sexually-intact animals; are not from an accredited herd; are officially
identified; and are accompanied by a certificate stating that they were
negative to an official tuberculin test conducted within sixty (60) days prior
to the date of movement.
(c) Cattle, bison, or goats that
originate from a modified accredited state or zone, and that are not known to
be infected with or exposed to tuberculosis, may be moved interstate only under
one (1) of the following conditions:
1. The cattle, bison, or goats are moved
directly to slaughter at an approved slaughtering establishment.
2. The cattle, bison, or goats are
sexually intact and moved to an approved feedlot, or are steers, spayed heifers
or wethers and are either officially identified or identified by premises of
origin identification, and are accompanied by a certificate stating that they
were classified negative to an official tuberculin test conducted within sixty
(60) days prior to the date of movement.
3. The cattle, bison, or goats are from
an accredited herd and are accompanied by a certificate stating that the
accredited herd completed the testing necessary for accredited status with
negative results within one (1) year prior to the date of movement.
4. The cattle, bison, or goats are
sexually-intact animals; are not from an accredited herd; are officially
identified; and are accompanied by a certificate stating that the herd from
which they originated was negative to a whole herd test conducted within one
(1) year prior to the date of movement and that the individual animals to be moved
were negative to an additional official tuberculin test conducted within sixty
(60) days prior to the date of movement, except that the additional test is not
required if the animals are moved interstate within six (6) months following
the whole herd test.
(d) Cattle, bison, or goats originating
from an accreditation preparatory state or zone, and that are not known to be
infected with or exposed to tuberculosis, may be moved interstate only under
one (1) of the following conditions:
1. The cattle, bison, or goats are moved
directly to slaughter at an approved slaughtering establishment.
2. The cattle, bison, or goats are
sexually intact and moved to an approved feedlot, or are steers, spayed heifers
or wethers; are officially identified or identified by a premises of origin
identification; and are accompanied by a certificate stating that the herd from
which they originated was negative to a whole herd test conducted within one
(1) year prior to the date of movement and that the individual animals to be
moved were negative to an additional official tuberculin test conducted within
sixty (60) days prior to the date of movement, except that the additional test
is not required if the animals are moved interstate within six (6) months
following
the whole herd test.
3. The cattle, bison, or goats are from
an accredited herd; are officially identified; and are accompanied by a
certificate stating that the accredited herd completed the testing necessary
for accredited status with negative results within one (1) year prior to the
date of movement and that the animals to be moved were negative to an official
tuberculin test conducted within sixty (60) days prior to the date of movement.
4. The cattle, bison, or goats are
sexually-intact animals; are not from an accredited herd; are officially
identified; and are accompanied by a certificate stating that the herd from
which they originated was negative to a whole herd test conducted within one
(1) year prior to the date of movement and that the individual animals to be
moved were negative to two (2) additional official tuberculin tests conducted
at least sixty (60) days apart and no more than six (6) months apart, with the
second test conducted within sixty (60) days prior to the date of movement,
except that the second additional test is not required if the animals are moved
interstate within six (6) months following the whole herd test.
(e) Cattle, bison, and goats originating
from a nonaccredited state or zone are not eligible for entry into Kentucky.
(3) Brucellosis.
(a) A test shall
not be required for cattle, bison, and goats originating from a certified
brucellosis-free state or from a certified brucellosis-free herd.
(b) Cattle, bison, and
goats originating from an out-of-state livestock market shall be accompanied by
a Certificate of Veterinary Inspection. For breeding animals, the Certificate
of Veterinary Inspection shall document individual animal official
identification, permit number, age, breed, and sex.
(c) Cattle, bison, and goats originating
from a brucellosis "A" classified state or from a certified
brucellosis-free herd.
1. All test eligible cattle, bison, and
goats entering a Kentucky market shall have a negative brucellosis test within
thirty (30) days of entry or shall originate directly from a certified
brucellosis-free herd.
2. Official vaccinates
of dairy breeds twenty (20) months of age and older and official vaccinates of
beef cattle breeds twenty-four (24) months of age and older shall be test
eligible.
3. Breeding
animals twelve (12) months of age and older, not calfhood vaccinated, shall be
test eligible.
4. Heavy
springers and cows postpartum shall be required to test, regardless of age.
(d) Back tagged
cattle.
1. All mature
cattle eighteen (18) months or older, as indicated by the presence of the first
pair of permanent incisor teeth, except steers and spayed heifers, consigned to
any stockyard, shall be back tagged in a routine manner prescribed by 9 CFR
78.1 and 78.8.
2. Back tags
placed on slaughter cattle shall not be removed at any time or by any person
except only under specific instructions from the chief livestock health
official.
3. Materials for
the back tagging program shall be furnished by the department or Animal and
Plant Health Inspection Service, Veterinary Services, United States Department
of Agriculture.
(e) Open heifers
less than eighteen (18) months of age originating from a brucellosis
"A" classified state designated for feeding purposes shall not be
required to be brucellosis tested. Diversion of "feeder" heifers for
use as breeding animals without meeting applicable test requirement shall be a
violation of this administrative regulation.
Section 6. Swine
Requirements. (1) Breeding swine.
(a) Breeding
swine originating
from a validated brucellosis-free state and a Stage V qualified pseudorabies
state may be sold through an all class swine market if the swine can be
identified as moving immediately and directly from a farm of origin.
(b) Breeding
swine originating from a Stage IV pseudorabies classified state or less shall
not be sold at an approved all class swine market.
(c) Breeding swine not
originating from a certified brucellosis-free state shall not be sold through
an approved all class swine market.
(d) Eligible breeding swine sold through
an approved all class swine market shall be penned separate and apart from all
other swine in the market.
(e) Testing of breeding swine at a
stockyard shall be prohibited.
(2) Feeder pigs.
(a) Feeder pigs originating from a Stage
IV or Stage V state may enter a stockyard on the state pseudorabies
classification, but shall move directly from a farm of origin to a market.
(b) Feeder pigs originating from a state
with a pseudorabies classification of Stage III or less shall be in compliance
with 302 KAR 20:210, Pseudorabies surveillance.
(c) Feeder pigs on entry into a market
shall be identified as to premise of origin by an official premise tattoo or by
an official state/federal ear tag.
(3) Livestock
markets, buying stations, and concentration points approved to handle all
classes of swine.
(a) General
provisions.
1. Swine moving
interstate from markets shall be in compliance with 9 CFR Part 76, including
health certification or other stockyard-approved documents issued by the
accredited veterinarian.
2. Slaughter
swine leaving premises to be consigned only for immediate slaughter to a
recognized slaughtering establishment approved for this purpose in accordance
with federal and state regulations.
(b) All class
swine markets shall:
1. Maintain
well-constructed pens and swine- handling facilities that are clean and in good
repair;
2. Provide pens
surfaced with impervious material for holding and handling all swine;
3. Provide
satisfactory, well-lighted facilities for inspection and proper restraint;
4. Clean and
disinfect holding and handling pens, alleys, and other facilities used in
selling swine. Handling and holding pens and alleys shall be cleaned and
disinfected after being used by each lot of swine. Procedures for cleaning and
disinfecting shall be performed according to 9 CFR 71.10, 71.11, and 71.12, and
at the direction and under the supervision of the Department of Agriculture;
5. Maintain
records of origin and destination for all swine entering market and grant
federal and state inspectors access to the records. Identification as to farm
where farrowed shall be maintained for all feeder pigs and breeding stock and
all slaughter swine which may be diverted for purposes other than slaughter.
Records shall be maintained for one (1) year;
6. Place feeding
and breeding swine in pens separate and apart from slaughter swine. All swine
designated for slaughter shall be delivered directly to an approved slaughter
establishment with no diversion en route, except if movement is in compliance
with subsection (5) of this section;
7. Not permit
cull pigs to enter market unless provisions are made to pen such pigs separate
and apart from all other swine so contact with healthy swine does not occur.
Facilities used by these swine shall not be used by other swine until cleaning
and disinfecting have been accomplished. Further, cull swine shall be
permanently identified by an ear tag in the right ear, and quarantined directly
to slaughter or quarantined back to the premises of origin;
8. Not permit
garbage fed swine to enter market unless provisions are made to handle and pen
such swine separate and apart from all other swine to avoid contact with other
swine;
9. Not permit
swine to be moved from the market unless the market veterinarian or a
state/federal inspector releases such swine;
10. Require all
buyers of swine to determine the purpose of their movement. If for slaughter
and there is any reason to believe the swine might be diverted (underweight
swine, thin sows, etc.) the inspector may require that the swine be identified
by ear tag and consigned to slaughter on a special permit. Further, any swine
with which these swine mingle shall cause the entire lot to be ineligible for
movement except to slaughter;
11. Not permit
feeder pigs or breeding swine to remain in the market more than seventy-two
(72) hours;
and
12. Not allow
feeding or breeding swine in any market for resale within twenty-eight (28)
days from the prior sale date.
(4) Livestock
markets, buying stations, and concentration points approved to handle slaughter
swine only.
(a) General
provisions.
1. Swine moving
interstate shall be in compliance with 9 CFR Part 76 and 302 KAR 20:210 and 302
KAR 20:220.
2. Swine shall
be accepted only for slaughter and swine shall not be permitted to leave market
except for slaughter only.
(b) Requirements
for slaughter swine markets shall:
1. Maintain
well-constructed pens and swine- handling facilities that are clean and in good
repair;
2. Maintain
records of origin and destination for all swine entering market and grant
federal and state inspectors access to the records. Records shall be maintained
one (1) year;
3. Isolate all
swine suspected of being affected with or exposed to an infectious disease,
promptly notify the state or federal agency, and hold the swine in isolation
pending instructions on disposition; and
4. Clean and
disinfect holding and handling pens, alleys, and other facilities used in
selling swine according to 9 CFR 71.10, 71.11, and 71.12, and under the
direction and supervision of the Department of Agriculture.
(5) Swine
slaughter class: farm slaughter only.
(a) The number
of swine purchased for farm slaughter for family consumption only shall not
exceed six (6) head of animals per premises within twelve (12) months.
(b) Swine shall
not be commingled with other swine on the purchaser's premises. The purchaser
shall notify swine producers within a two (2) mile radius of purchaser's
premises, on which the swine shall be quarantined, that swine have been
purchased for farm slaughter. Any objection by a swine producer within a two
(2) mile radius during the thirty (30) day quarantine period shall be evaluated
by the state veterinarian. The state veterinarian shall determine if there is
reason to order the quarantine swine slaughtered within seventy-two (72) hours
of receipt of the complaint.
(c) Slaughter
class of swine purchased from a state-federal stockyard approved to handle all
classes of swine shall comply with the following:
1. All swine
shall be identified with an official slaughter ear tag and shall have a
secondary identification via a flop tag. The purchaser shall be responsible for
identifying the swine prior to release of the swine from the stockyard.
2. The Kentucky
Department of Agriculture shall supply tags and equipment for identifying
swine.
3. A thirty (30)
day quarantine to the purchaser's premises shall be issued by state-federal
personnel. Quarantine shall serve as a release from the stockyard and shall
accompany the movement of the swine.
4. All swine
shall be slaughtered within thirty (30) days of purchase.
5. The owner
shall document the date of slaughter, place of slaughter, or state and federal
slaughter establishment.
(d) Slaughter
class of swine for home consumption may be purchased from a state and federal
stockyard approved to handle slaughter swine only, but shall move directly to a
state and federal approved slaughter establishment. The movement of slaughter
swine shall comply with the following:
1. All swine
shall be identified with an official slaughter swine ear tag. The purchaser
shall be responsible for identifying the swine prior to release of the swine
from the stockyard.
2. All swine
shall move with an official release issued by state and federal personnel or by
the market veterinarian.
3. The owner
shall document slaughter of animals within seven (7) days of purchase.
Section 7. Sheep
Requirements. (1) The sheep requirements prescribed in 302 KAR 20:040 shall be
followed.
(2) Before the
beginning of a sale all sheep to be sold for breeding purposes shall be
inspected for evidence of an infectious, contagious, or parasitic disease and
shall be separated from all other sheep.
(3) All sheep
that are consigned as individuals or as part of an assembled group that show
evidence of an infectious, contagious, communicable, or parasitic disease shall
be sold for immediate slaughter or otherwise disposed of under permit issued by
the chief livestock health official.
Section 8. Horse
Requirements. All horses offered for sale shall be in compliance with 302 KAR
20:065. (Agr: Ls. D. 35-4; 1 Ky.R. 742; eff. 5-14-75; Am. 2
Ky.R. 283; eff. 2-4-76; 3 Ky.R. 153; eff. 11-3-76; 654; eff. 6-1-77; 4 Ky.R.
58; eff. 11-2-77; 7 Ky.R. 22; eff. 9-3-80; 11 Ky.R. 1650; eff. 6-4-85; 14 Ky.R.
858; eff. 12-11-87; 1942; eff. 5-9-88; 21 Ky.R. 1930; 2491; eff. 4-6-95; 28
Ky.R. 684; 1615; eff. 1-14-2002.)
