302 Kar 20:070. Stockyards

Link to law: http://www.lrc.ky.gov/kar/302/020/070.htm
Published: 2015

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      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.)