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Form a Business

LIVESTOCK AND POULTRY DISEASE CONTROL

KRS tit. XXI, ch. 257
in effect

KRS 257.010 Definitions for chapter

257.010. Definitions for chapter As used in this chapter, unless the context requires otherwise: (1) "Abandon" means to forsake entirely, or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner or his agent; (2) "Board" means the Board of Agriculture; (3) "Commission" means the Kentucky Livestock Care Standards Commission; (4) "Commissioner" means the Commissioner of Agriculture; (5) "Communicable disease" means a disease that can be directly or indirectly transmitted from one (1) animal to another; (6) "Compost" means the humus-like product of the process of composting domestic livestock, poultry, or fish, which may be used as a soil conditioner or enhancer; (7) "Composting" means the biological decomposition of organic matter; (8) "Council" means the Kentucky Equine Health and Welfare Council; (9) "Department" means the Department of Agriculture; (10) "Fish" means the bodies and parts of bodies of all animal aquatic life being raised, or kept for sale to a wholesaler or retailer, or for direct sale to the public; (11) "Livestock" means: (a) Cattle, sheep, swine, goats, horses, llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species; and (b) Deer, elk, and any other animal of the cervid species whose regulatory requirements are under KRS Chapters 150 and 246, and are privately owned and raised in a confined area for breeding stock, food, fiber, and other products; (12) "National animal identification system" means a national program intended to identify animals and track them as they come into contact with or commingle with animals other than herdmates from their premises of origin; (13) "National Poultry Improvement Plan" shall have the same meaning as set out in the United States Code of Federal Regulations, 9 C.F.R. Part 145, and the auxiliary provisions in 9 C.F.R. Part 147; (14) "Owner" means any person owning or leasing from another, or having in charge any domestic animal; (15) "Poultry" means chickens, ducks, turkeys, or other domestic fowl being raised or kept on any premises in the Commonwealth; (16) "Premises" means any portion of land, or any structure erected on land; and (17) "Reportable disease" means an animal disease that shall be reported to state or federal animal health officials when suspected or diagnosed. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 106, sec. 4, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 22, sec. 1, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 27, sec. 3, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 115, sec. 1, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 88, sec. 12, effective March 28, 2002. -- Amended 1996 Ky. Acts ch. 58, sec. 1, effective July 15, 1996. -- Amended 1986 Ky. Acts ch. 6, sec. 1, effective July 15, 1986. -- Amended 1962 Ky. Acts ch. 248, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 63c-1, 4618-78.

KRS 257.020 Duties of Board of Agriculture

257.020. Duties of Board of Agriculture The board shall: (1) Enforce the provisions of this chapter; (2) Adopt and enforce measures as it deems necessary to protect and promote the livestock, poultry, fish, and animal industries. Measures falling within the scope of KRS 257.196 shall be adopted and enforced in conformity with that section; (3) Prevent, control, and eradicate any communicable disease of livestock, poultry, and fish; (4) Investigate the prevalence of communicable diseases in livestock, poultry, and fish upon receipt of reports of those diseases; (5) Issue information as it deems necessary for public distribution; (6) Give information and instruction to farmers and breeders and feeders of livestock, poultry, and fish in the nature, cause, prevention, and control of communicable diseases; and (7) Regulate the importation, sale, use, and distribution of products or material used in the diagnosis, treatment, or prevention of animal diseases. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 106, sec. 5, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 22, sec. 2, effective June 25, 2009. -- Amended 1970 Ky. Acts ch. 92, sec. 78. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-13.

KRS 257.030 Powers of board

257.030. Powers of board The board may: (1) Cooperate with universities and other entities in conducting the necessary scientific investigations relating to the cause, nature, prevention, and treatment of communicable diseases of livestock, poultry, and fish; (2) Establish, maintain, and enforce any quarantine and other measures as it deems necessary in controlling the movement of livestock, poultry, and fish into, through, or within the state; (3) 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 and all property and materials, as may be necessary in the eradication of disease; (4) Adopt, issue, and enforce administrative regulations necessary for the proper administration and enforcement of the provisions of this chapter, and for the accomplishment of the purposes intended to be accomplished by this chapter. Administrative regulations falling within the scope of KRS 257.196 shall be adopted, issued, and enforced in conformity with that section; and (5) Employ necessary scientific, field, stenographic, and clerical assistants and fix their salaries. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 106, sec. 6, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 22, sec. 3, effective June 25, 2009. -- Amended 1948 Ky. Acts ch. 19, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-13, 63c-14.

KRS 257.040 Places diseased animals prohibited

257.040. Places diseased animals prohibited No person who has in his possession any domestic animal infected with a reportable disease shall: (1) Permit such an animal to run at large; (2) Keep such an animal where other domestic animals, not affected with or previously exposed to the disease, may become infected with or exposed to it; (3) Permit such an animal to go on, across, or along any public highway, or in any field or lot adjacent to any public highway, or in any field through which flows a stream; or (4) Transport, sell, offer for sale, trade or give away such an animal, except upon permission or approval from the state veterinarian. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 22, sec. 4, effective June 25, 2009. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-3.

KRS 257.050 Violation of quarantine and concealing diseased animals prohibited

257.050. Violation of quarantine and concealing diseased animals prohibited No person shall willfully obstruct, evade or disregard any quarantine which the board declares, or violate any regulation for the prevention of the spread of communicable diseases among livestock, poultry, and fish, or conceal or attempt to conceal an animal infected with or exposed to a communicable disease. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 22, sec. 5, effective June 25, 2009. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-5.

KRS 257.060 Importation of diseased animals prohibited -- Violation of regulations

257.060. Importation of diseased animals prohibited -- Violation of regulations (1) Except upon permission or approval from the state veterinarian, no person shall: (a) Transport or in any other way bring into this state an animal that is infected with a communicable disease or that has within the previous thirty (30) days been exposed to a communicable disease; or (b) Bring into this state any animal in violation of any order or regulation of the board that establishes an interstate quarantine to prevent the entrance of disease into this state. (2) No common carrier shall transport any animal into this state in violation of law or regulations of the board. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 22, sec. 6, effective June 25, 2009. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-4, 63c-6.

KRS 257.070 Animals to be imported according to regulations

257.070. Animals to be imported according to regulations (1) The movement of domestic animals from other states into this state shall be made only in compliance with regulations of the board. (2) Any animal brought into this state in violation of any regulation of the board shall: (a) Be placed in quarantine until the necessary inspection or test has been completed by a representative or agent of the board. All expenses incident to the quarantine, including the inspection and testing, shall be borne by the owner; or (b) Be removed from the state at the direction of the state veterinarian. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 22, sec. 7, effective June 25, 2009. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-6.

KRS 257.075 Repealed, 1968

257.075. Repealed, 1968 Catchline at repeal: Swine not to be imported without certificate of immunization. History: Repealed 1968 Ky. Acts ch. 164, sec. 2. -- Created 1946 Ky. Acts ch. 86, sec. 1.

KRS 257.080 Animal diseases to be reported

257.080. Animal diseases to be reported Every veterinarian, laboratory, owner, or person having knowledge of the existence of any reportable disease of livestock, poultry, or fish within the state shall immediately report the disease to the state veterinarian. The department shall promulgate administrative regulations listing all reportable diseases of livestock, poultry, and fish and setting out the conditions under which the diseases shall be reported. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 22, sec. 8, effective June 25, 2009. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-2.

KRS 257.090 Repealed, 1978

257.090. Repealed, 1978 Catchline at repeal: Glandered animal -- Destruction -- Indemnity for. History: Repealed 1978 Ky. Acts ch. 118, sec. 19, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 47, 47a, 1332.

KRS 257.100 Destruction of suffering, abandoned, or hopelessly diseased animal -- "Abandonment" defined

257.100. Destruction of suffering, abandoned, or hopelessly diseased animal -- "Abandonment" defined (1) Any peace officer, animal control officer, or any person authorized by the board may destroy or kill or cause to be destroyed or killed, any animal found abandoned and suffering and not properly cared for, or appearing to be injured, diseased, or suffering past recovery for any useful purpose. (2) Before destroying the animal the officer shall obtain the judgment to that effect of a veterinarian, or of two (2) reputable citizens called by him to view the animal in his presence, or shall obtain consent to the destruction from the owner of the animal. (3) (a) Any animal placed in the custody of a licensed veterinarian for treatment, boarding, or other care, which shall be unclaimed by its owner or his agent for a period of more than ten (10) days after written notice by certified mail, return receipt requested, is given the owner or his agent at his last known address, shall be deemed to be abandoned and may be turned over to the nearest humane society or animal shelter or disposed of as the custodian may deem proper. (b) The giving of notice to the owner, or the agent of the owner of the animal by the licensed veterinarian shall relieve the licensed veterinarian and any custodian to whom the animal may be given of any further liability for disposal. (4) Abandonment shall constitute the relinquishment of all rights and claims by the owner to the animal. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 22, sec. 9, effective June 25, 2009. -- Amended 2004 Ky. Acts ch. 189, sec. 27, effective July 13, 2004. -- Amended 1980 Ky. Acts ch. 114, sec. 56, effective July 15, 1980. -- Amended 1976 Ky. Acts ch. 109, sec. 1. - - Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1246-2, 1246-3, 1246-4.

KRS 257.105 Sale of unclaimed animals held by veterinarian

257.105. Sale of unclaimed animals held by veterinarian (1) In addition to KRS 257.100 or any other provision authorized by law, any unclaimed animal held by a licensed veterinarian for more than ten (10) days of veterinary care and treatment requested by the owner or lawful possessor of the animal may be summarily sold by the veterinarian for the reasonable value of the animal upon compliance with the procedures set forth in this section. (2) The veterinarian under subsection (1) of this section shall give written notice of the required payment for services performed and notice of the proposed sale of the animal to the owner or lawful possessor of the animal and to any lienholders of record by certified mail. If the whereabouts of the owner or lawful possessor of the animal cannot be ascertained with reasonable diligence, a notice of the proposed sale shall be published in a newspaper, qualified under KRS 424.120, circulated in the county where the animal is located at least ten (10) days preceding the sale. The notice shall state the amount due and the date, place and time of sale. (3) The proceeds of a sale under this section shall first be used to reimburse the veterinarian for an amount equal to the reasonable value of the veterinary care and treatment, plus any other care and board given the animal; the excess amount, if any, from a sale shall be paid to the owner or lawful possessor of the animal or to other persons legally entitled thereto. If the proceeds from the sale fail to cover the amount owed the veterinarian, the owner or lawful possessor of the animal shall remain liable for the unpaid portion. (4) A sale under this section shall not relieve the owner or lawful possessor of the animal from any other obligation to the veterinarian. (5) Any veterinarian making a sale provided for in this section shall make a sworn statement setting forth the following: (a) The kind and number of animals sold; (b) The amount realized from any such sale; (c) The amount claimed due by the veterinarian; (d) The name of the former owner or lawful possessor requesting the care and treatment performed by the veterinarian on the animal or animals sold; (e) The dates when the treatment was commenced and was completed; (f) The date or dates when notice of the proposed sale was given the owner or lawful possessor of the animal or animals sold; (g) The description or the identification number of the animal or animals sold, and if branded, the brand thereon; (h) The name and address of the veterinarian making the sale; and (i) The name and address of the purchaser of the animal or animals sold. The record shall be filed within five (5) days of the sale in the office of the county clerk of the county in which the sale is made. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 22, sec. 10, effective June 25, 2009. -- Created 1990 Ky. Acts ch. 452, sec. 1, effective July 13, 1990.

KRS 257.110 Board may have diseased animals destroyed or slaughtered

257.110. Board may have diseased animals destroyed or slaughtered When the board or any of its authorized agents determines that any domestic animal is infected with or exposed to any communicable disease and that to prevent the spread of disease it is necessary to destroy or slaughter that animal, the animal shall be destroyed or slaughtered, and the owner indemnified as provided in KRS 257.120. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 97, sec. 1, effective July 13, 1990. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-7.

KRS 257.115 Repealed, 2009

257.115. Repealed, 2009 Catchline at repeal: Retest for brucellosis -- Application, effect of negative finding. History: Repealed 2009 Ky. Acts ch. 22, sec. 20, effective June 25, 2009. -- Created 1968 Ky. Acts ch. 4, sec. 1.

KRS 257.120 Indemnity for destruction or slaughter of animal

257.120. Indemnity for destruction or slaughter of animal (1) Indemnities shall be paid by the state or federal government for animals mandated to be destroyed or slaughtered on account of a reportable or United States Department of Agriculture (USDA) program disease. The indemnities shall be based on fair market value as determined by the USDA or independent appraisal. (2) No state-funded indemnity shall be paid for any animal unless it was the property of the person claiming indemnity, and was within the state, for a period of at least six (6) months prior to the time of the first test, except when animals are destroyed or slaughtered on account of a foreign animal or zoonotic disease. (3) No indemnity shall be paid for any animal: (a) Owned by the United States, the state or any county or city; (b) Brought into this state in violation of the law or any regulation of the board; (c) When the owner at the time of coming into possession of the animal had any reason to believe that it was infected; or (d) When the board or its authorized agents have satisfactory evidence that the owner has been guilty of negligence in permitting the animal to become exposed to the communicable disease. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 22, sec. 11, effective June 25, 2009. -- Amended 1982 Ky. Acts ch. 310, sec. 3, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 296, sec. 1, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-7.

KRS 257.130 Indemnity for materials destroyed

257.130. Indemnity for materials destroyed In case of an epizootic of such character as to necessitate the destruction of property or materials to prevent the spread of disease, the property or materials shall be destroyed and indemnities paid as provided for in KRS 257.110, 257.120, 257.140, and 257.150. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 22, sec. 12, effective June 25, 2009. -- Amended 1990 Ky. Acts ch. 97, sec. 2, effective July 13, 1990. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-7.

KRS 257.140 Premises to be disinfected before indemnities paid

257.140. Premises to be disinfected before indemnities paid The owner shall, before indemnities are paid, thoroughly clean and disinfect the premises and any animal that has been exposed to infection, as the board, or its authorized agent, may determine. The disinfection shall be done at the expense of the owner and under the supervision of the board or its authorized agent. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 97, sec. 3, effective July 13, 1990. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-7.

KRS 257.150 Payment of state indemnity

257.150. Payment of state indemnity After carcass disposal, cleaning, and disinfection has been completed, the board shall execute a voucher upon the Finance and Administration Cabinet for the amount of the indemnity due the owner, for payment from funds appropriated for this purpose. The voucher shall be approved by the state veterinarian and the chairman of the board. When the check for payment is issued by the State Treasurer, he shall forward it to the chairman of the board who shall pay it to the owner. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 22, sec. 13, effective June 25, 2009. -- Amended 1990 Ky. Acts ch. 97, sec. 4, effective July 13, 1990. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-7.

KRS 257.160 Disposition of carcasses -- How and when made

257.160. Disposition of carcasses -- How and when made (1) All carcasses of domestic livestock, poultry, and fish which have died or which have been destroyed on account of any disease, except as determined and permitted by the state veterinarian or other representative of the board, shall be disposed of by: (a) Complete incineration of the entire carcass and all of its parts and products; (b) Boiling the carcass and all of its parts and products in water or heating it with steam at a temperature above boiling, continuously for two (2) hours or more; (c) Burying the carcass and all of its parts and products in the earth at a point which is never covered with the overflow of ponds or streams and which is not less than one hundred (100) feet distant from any watercourse, sinkhole, well, spring, public highway, residence, or stable. The carcass shall be placed in an opening in the earth at least four (4) feet deep, the abdominal and thoracic cavities opened wide their entire length with a sharp instrument, and the entire carcass covered with two (2) inches of quicklime and at least three (3) feet of earth. (d) Removal of the carcass by a duly-licensed rendering establishment; (e) Deposition of the carcass in a contained landfill approved pursuant to KRS Chapter 224; (f) Composting of the carcass in a facility according to the board's administrative regulations and approved in accordance with KRS Chapter 224; (g) Any combination of the methods set forth in paragraphs (a) to (f) of this subsection; or (h) Any other scientifically-proven method of disposal approved by the board. (2) The owner shall dispose of the carcass of domestic livestock, poultry, and fish as provided in subsection (1) of this section, within forty-eight (48) hours after the carcass is found unless the carcass is otherwise preserved in cold storage. (3) The board is authorized to promulgate administrative regulations to implement this section. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 22, sec. 14, effective June 25, 2009. -- Amended 1996 Ky. Acts ch. 58, sec. 2, effective July 15, 1996. -- Amended 1980 Ky. Acts ch. 188, sec. 233, effective July 15, 1980. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-8.

KRS 257.170 Loading of carcasses with live animals prohibited

257.170. Loading of carcasses with live animals prohibited An animal carcass shall not be loaded in cars, crates, boats, wagons or other vehicles containing live animals, except on special permit from the state veterinarian. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 22, sec. 15, effective June 25, 2009. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-10.

KRS 257.180 Importation of animal disease producing agent prohibited unless approved -- Sales restricted

257.180. Importation of animal disease producing agent prohibited unless approved -- Sales restricted (1) No corporation, company, partnership, organization, or individual shall ship, transport, or cause to be imported into the Commonwealth of Kentucky any live unattenuated pure culture of a pathogenic bacteria, virus, or disease-producing agent of animal origin unless a permit is secured from the United States Department of Agriculture and the board. All biologics for immunization or treatment offered for sale, use, or distribution in the Commonwealth shall be approved by the United States Department of Agriculture or the board. (2) No live or modified live viruses, vaccines, antigens, or disease-producing organisms shall be sold to any person, firm, or corporation in the Commonwealth of Kentucky unless such person, firm, or corporation shall be a licensed veterinarian, druggist, firm, or corporation authorized under the Kentucky statutes to receive, hold, and sell biologics. History: Amended 1968 Ky. Acts ch. 164, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63a-11(5).

KRS 257.190 Repealed, 1968

257.190. Repealed, 1968 Catchline at repeal: Manufacture and use of unlicensed hog serum or virus prohibited. History: Repealed 1968 Ky. Acts ch. 164, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-11.

KRS 257.192 Kentucky Livestock Care Standards Commission -- Members

257.192. Kentucky Livestock Care Standards Commission -- Members The Kentucky Livestock Care Standards Commission is hereby created to make recommendations to the board to establish, maintain, or revise standards governing the care and well-being of on-farm livestock and poultry. The commission shall be attached to the Department of Agriculture for administrative purposes and shall consist of sixteen (16) members as follows: (1) The state veterinarian, who shall be a nonvoting member; (2) The co-chairs of the Interim Joint Committee on Agriculture, who shall be nonvoting, ex officio members; and (3) Thirteen (13) voting members as follows: (a) The Commissioner or the Commissioner's designee, who shall serve as chair; (b) The dean of the University of Kentucky College of Agriculture or the dean's designee; (c) The chair of the Animal Control Advisory Board or the chair's designee; (d) The director of the University of Kentucky Livestock Disease Diagnostic Center or the director of the Murray State University Breathitt Veterinary Center. Each director shall serve one (1) year terms on a rotating basis; (e) Four (4) members appointed by the Governor as follows: 1. One (1) person selected from a list of three (3) submitted by the Kentucky Farm Bureau; 2. One (1) person selected from a list of three (3) submitted by the Kentucky County Judge/Executive Association; 3. One (1) veterinarian selected from a list of three (3) submitted by the Kentucky Veterinary Medical Association. The veterinarian's practice shall include working on one (1) or more of the species named in paragraph (f) of this subsection; and 4. One (1) citizen at large with an interest in food safety; and (f) Five (5) members actively engaged in farming and appointed by the Governor with assistance by the department. The department shall contact commodity organizations named in this paragraph, collect a list of potential representatives from the organizations, and deliver the list to the Governor. The Governor shall appoint: 1. One (1) active producer from the list submitted by Kentucky commodity organizations representing bovine species; 2. One (1) active producer from the list submitted by Kentucky commodity organizations representing ovine and caprine species; 3. One (1) active producer from the list submitted by Kentucky commodity organizations representing porcine species; 4. One (1) active producer from the list submitted by Kentucky commodity organizations representing equine species; and 5. One (1) active producer from the list submitted by Kentucky commodity organizations representing poultry species. Effective: July 15, 2010 History: Created 2010 Ky. Acts ch. 106, sec. 7, effective July 15, 2010.

KRS 257.194 Terms of commission members -- Meetings -- Appointments -- Quorum

257.194. Terms of commission members -- Meetings -- Appointments -- Quorum (1) Initial terms of appointed members shall be staggered by the Governor. Thereafter, terms shall be for four (4) years or until their successors are duly appointed and qualified. Vacancies on the commission shall be filled for the remainder of the unexpired term in the same manner as the original appointment. (2) The commission shall meet at the call of the chair or a majority of the voting members. (3) The Governor shall name the appointed members of the commission by August 1, 2010. (4) No members of the commission shall be a lobbyist as defined by KRS 11A.010. (5) No appointed member of the commission shall concurrently serve on the board. (6) A majority of the voting members shall: (a) Constitute a quorum for conducting business; and (b) Be required in order for the commission to take any action. Effective: July 15, 2010 History: Created 2010 Ky. Acts ch. 106, sec. 8, effective July 15, 2010.

KRS 257.196 Commission to recommend on-farm livestock and poultry care standards to board -- Approval or rejection -- Administrative regulations -- Construction -- Preemption

257.196. Commission to recommend on-farm livestock and poultry care standards to board -- Approval or rejection -- Administrative regulations -- Construction -- Preemption (1) The commission shall make recommendations to the board to establish, maintain, or revise standards governing the care and well -being of on-farm livestock and poultry. The board shall approve or reject recommendations within ninety (90) days of receiving recommendations. If approved, the board shall promulgate administrative regulations establishing the standards within thirty (30) days of approval. If rejected, the board shall notify the commission in writing within thirty (30) days of the rejection, and shall list the reasons for the rejection. The board shall not establish, maintain, or revise on-farm livestock and poultry care standards without a recommendation by the commission. (2) Before recommending on-farm livestock and poultry care standards to the board, the commission may consult with agricultural representatives from Kentu cky State University, Western Kentucky University, Eastern Kentucky University, Morehead State University, and Murray State University. (3) When developing recommendations for on -farm livestock and poultry care standards to the board, the commission shall consider factors that include but are not limited to: (a) Animal well-being and agricultural best management practices; (b) Herd health; and (c) Safe, affordable, healthy food supplies for consumers. (4) Nothing in this section shall be construed to abroga te the regulatory authority of: (a) The Kentucky Horse Racing and Gaming Corporation to inspect, investigate, and supervise horses and other participants in horse racing as provided by KRS Chapter 230 and the administrative regulations promulgated under KR S Chapter 230, or any other law applicable to the regulation of horse racing in the Commonwealth; (b) The Kentucky Board of Veterinary Examiners to license and certify veterinarians as provided by KRS Chapter 321 and the administrative regulations promulgated under KRS Chapter 321, or any other law applicable to the regulation of veterinarians in the Commonwealth; or (c) The Board of Agriculture to prevent, control, or eradicate any communicable disease of on-farm livestock or poultry as provided by this ch apter and the administrative regulations promulgated under this chapter, or any other law applicable to the prevention, control, or eradication of communicable diseases of on-farm livestock or poultry. (5) (a) A city, town, county, urban -county, charter county, consolidated local government, unified local government, or other political subdivision of the Commonwealth shall not adopt any ordinance, resolution, rule, or regulation regarding on-farm livestock or po ultry care that is more stringent than the administrative regulations promulgated by the board under subsection (1) of this section. Local legislation in violation of this subsection is void and unenforceable. (b) Nothing in this subsection shall be construed to preempt any local ordinance or regulation affecting planning and zoning adopted in accordance with KRS Chapter 100. (c) The provisions of paragraph (a) of this subsection shall not affect ordinances, resolutions, rules, or regulations adopted before July 15, 2010. Effective: July 1, 2024 History: Amended 2024 Ky. Acts ch. 171, sec. 105, effective July 1, 2024. -- Created 2010 Ky. Acts ch. 106, sec. 9, effective July 15, 2010. Legislative Research Commission Note (7/15/2010). A reference to the "Kentucky Horse Racing Authority" in subsection (4) of this section, as created by 2010 Ky. Acts ch. 106, sec. 9, has been changed in codification to the "Kentucky Horse Racing Commission" to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. This change was made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

KRS 257.198 On-farm animal health care and production practices determined by farmer or owner

257.198. On-farm animal health care and production practices determined by farmer or owner (1) Notwithstanding any other provision of law to the contrary, the determination and implementation of any on-farm animal health care or animal health production practice shall be made solely by a farmer or owner of the livestock or poultry. A farmer or owner of the livestock or poultry may consult with a veterinarian as defined in KRS 321.181 or any other professional at his or her discretion. (2) This section shall not apply to any owner of an equine or any equine operation. (3) This section shall not be construed to limit, preclude, or otherwise restrict any state or federal official from carrying out his or her official duties. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 24, sec. 1, effective July 15, 2026.

KRS 257.200 Repealed, 1968

257.200. Repealed, 1968 Catchline at repeal: Manufacture of hog serum at experiment station; sale price. History: Repealed 1968 Ky. Acts ch. 164, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2089a-1, 2089a-2, 2089a-3.

KRS 257.210 State veterinarian

257.210. State veterinarian (1) The board shall appoint the state veterinarian. (2) The state veterinarian shall be a licensed veterinarian who has practiced veterinary medicine for at least five (5) years prior to his or her appointment. (3) The state veterinarian shall serve for a term of four (4) years and until a successor has been appointed. (4) He or she shall be subject to removal from office by the board at any time for cause. (5) The office of the state veterinarian shall be in the Department of Agriculture. Effective: March 16, 2020 History: Amended 2020 Ky. Acts ch. 13, sec. 1, effective March 16, 2020. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-16.

KRS 257.220 Repealed, 1950

257.220. Repealed, 1950 Catchline at repeal: Compensation of State Veterinarian. History: Repealed 1950 Ky. Acts ch. 123, sec. 29. -- Amended 1948 Ky. Acts ch. 18, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-16.

KRS 257.230 Functions of state veterinarian

257.230. Functions of state veterinarian The state veterinarian shall be an agent of the board, shall enforce the administrative regulations of the board pertaining to livestock, poultry, and fish and, under the direction of the board, shall supervise and control the action of all deputies, inspectors, agents and specialists within the Office of the State Veterinarian. He or she shall devote his or her entire time to the duties of the office. He or she shall recommend from time to time such changes in the administrative regulations of the board, as he or she deems necessary, and do all other things necessary and proper for the successful enforcement of this chapter. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 215, sec. 8, effective July 14, 2022. -- Amended 2021 Ky. Acts ch. 150, sec. 2, effective March 29, 2021. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 63c-16, 63c-17.

KRS 257.240 Deputy state veterinarian

257.240. Deputy state veterinarian (1) Upon the recommendation of the state veterinarian, the board may within its discretion appoint a deputy state veterinarian. (2) The deputy state veterinarian shall hold office for a term of four (4) years and until a successor has been elected and qualified. He or she shall be subject to removal from office by the board at any time for cause. (3) The deputy state veterinarian shall be a licensed veterinarian who has practiced veterinary medicine for at least three (3) years prior to his or her appointment. Effective: March 16, 2020 History: Amended 2020 Ky. Acts ch. 13, sec. 2, effective March 16, 2020. -- Amended 1950 Ky. Acts ch. 123, sec. 29. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-16.

KRS 257.250 Functions of deputy state veterinarian

257.250. Functions of deputy state veterinarian The deputy state veterinarian shall assist the state veterinarian in the enforcement of the regulations of the board, and shall in the absence or incapacity of the state veterinarian be executive agent of the board with the same duties and powers as the state veterinarian. He shall devote his entire time to the duties of his office. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-17.

KRS 257.260 Repealed, 2009

257.260. Repealed, 2009 Catchline at repeal: State livestock inspector. History: Repealed 2009 Ky. Acts ch. 22, sec. 20, effective June 25, 2009. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-15.

KRS 257.270 Board may employ veterinarians

257.270. Board may employ veterinarians The board may employ veterinarians for the purpose of carrying out the provisions of this chapter. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 310, sec. 2, effective July 15, 1982. -- Amended 1948 Ky. Acts ch. 20, sec. 1. -- Amended 1942 Ky. Acts ch. 196, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-13.

KRS 257.280 Repealed, 1978

257.280. Repealed, 1978 Catchline at repeal: County livestock inspector. History: Repealed 1978 Ky. Acts ch. 118, sec. 19, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-18.

KRS 257.290 Repealed, 1978

257.290. Repealed, 1978 Catchline at repeal: Functions of county livestock inspector. History: Repealed 1978 Ky. Acts ch. 118, sec. 19, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-19.

KRS 257.300 Board may cooperate with other agencies

257.300. Board may cooperate with other agencies The board may cooperate with the United States Department of Agriculture and with officials in charge of livestock, poultry, and fish sanitation in other states, or with any other agency that, in the opinion of the board, is for the best interests of the livestock, poultry, and fish industries, in maintaining interstate quarantine and in the prevention, control and eradication of any communicable disease in livestock, poultry, and fish. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 22, sec. 16, effective June 25, 2009. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-15.

KRS 257.310 Repealed, 2009

257.310. Repealed, 2009 Catchline at repeal: Birds that carry disease to be destroyed. History: Repealed 2009 Ky. Acts ch. 22, sec. 20. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63c-9.

KRS 257.315 Administrative regulations relating to ratites

257.315. Administrative regulations relating to ratites The Board of Agriculture shall promulgate administrative regulations relating to the health of, and disease control in, ratites. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 68, sec. 2, effective July 15, 1994.

KRS 257.320 Definitions for KRS 257.330 to 257.350

257.320. Definitions for KRS 257.330 to 257.350 The term "baby chicks" or "baby poults" as used in KRS 257.330 to 257.350 means any domestic fowl under the age of six (6) weeks. The term "person" includes also firms and corporations. History: Created 1946 Ky. Acts ch. 103, sec. 6.

KRS 257.330 Permit required for auction or community sale of baby chicks or poults -- Application -- Fee -- Inspection -- Destruction of diseased chicks or poults

257.330. Permit required for auction or community sale of baby chicks or poults -- Application -- Fee -- Inspection -- Destruction of diseased chicks or poults (1) Before any baby chicks or baby poults are offered for sale at any auction or auctions, sale barn, or community sale, except public sales conducted by farmers selling baby chicks or baby poults reared on their own premises, a permit shall be secured from the Office of State Veterinarian, or the state veterinarian. (2) Any person who desires to offer baby chicks or baby poults for sale at any auction or auctions, sale barn, or community sale, shall apply to the Office of State Veterinarian for a permit to hold the sale. A form shall be prescribed and furnished by the office. This application shall be submitted at least three (3) days before the sale to allow time for inspection of the chicks or poults offered by a representative of the office before any chicks or poults are sold. This application shall be signed by the person who proposes to conduct the sale, together with the person who owns the property in or on which the sale is to be conducted, if the person who proposes to conduct the sale does not own the property. The application shall designate the date of the proposed sale, the number and breed of the chicks or poults to be offered for sale, and the person or firm by whom they were produced, and shall be accompanied by a fee in the sum of one dollar ($1) per hundred (100) chicks or poults to be offered for sale. The office shall be autho rized in their discretion to grant or to deny the permit requested in the application, and if deemed necessary or advisable to require the applicant to submit a certificate in a form as the office may prescribe, certifying that the baby chicks or baby poul ts which may be offered for sale are in healthy condition. (3) On inspection by the representative of the office, if the chicks or poults offered for sale are found to be diseased, the representative may confiscate all chicks or poults found to be diseased and may destroy the chicks and poults. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 16, sec. 2, effective June 29, 2023. -- Amended 2002 Ky. Acts ch. 49, sec. 7, effective July 15, 2002. -- Created 1946 Ky. Acts ch. 103, secs. 1, 2, and 5.

KRS 257.340 Labeling of containers for chicks or poults

257.340. Labeling of containers for chicks or poults Before any such chicks or poults are offered for sale, or sold, each box, crate, coop or other container shall be plainly labeled with an appropriate statement giving the kind and number of chicks or poults in each container, the date on which such chicks or poults were hatched, and by whom hatched, and any other representations at or prior to the time of sale relative to the purity of the breed, the freedom of such chicks or poults from disease, such as chick bronchitis, and official certification that tests have been made on the parent stock for pullorum disease and that such flock is United States pullorum-tested, United States pullorum-controlled, United States pullorum-passed or United States pullorum-clean. The container should also specify whether it contains males, females or unsexed chicks or poults. History: Created 1946 Ky. Acts ch. 103, sec. 3.

KRS 257.350 Reports of sales -- Liability of seller on guarantees

257.350. Reports of sales -- Liability of seller on guarantees Within three (3) days after the sale, the person who conducted the sale shall submit a statement to the Office of State Veterinarian giving a complete list of the number and kind of baby chicks or poults sold, name and address of each purchaser, together w ith a copy of representation and guarantee made in relation to the sale, if any were made by the person who conducted the sale, and the person conducting the sale shall be held to have had full knowledge of the representations and guarantees made at the ti me of the sale and shall be as fully responsible and liable for any representation and guarantee as is the person who set forth the representation and guarantee on the containers as provided in KRS 257.340. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 16, sec. 3, effective June 29, 2023. -- Amended 2002 Ky. Acts ch. 49, sec. 8, effective July 15, 2002. -- Created 1946 Ky. Acts ch. 103, sec. 4.

KRS 257.360 Revolving fund for Department of Agriculture

257.360. Revolving fund for Department of Agriculture All money collected under the provisions of KRS 257.330 to 257.350 shall be paid to the State Treasurer and by him placed in a revolving fund to be used by the Kentucky Department of Agriculture for the purpose of enforcing the provisions of KRS 257.330 to 257.350. History: Created 1946 Ky. Acts ch. 103, sec. 9.

KRS 257.370 Pullorum disease -- State and federal cooperation in regulations to control

257.370. Pullorum disease -- State and federal cooperation in regulations to control In order to promote the poultry industry of this state, the Office of State Veterinarian is hereby authorized to cooperate with the United States Department of Agric ulture in the promulgation and enforcement of regulations for the control and eradication of pullorum disease. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 16, sec. 4, effective June 29, 2023. -- Amended 2002 Ky. Acts ch. 49, sec. 9, effective July 15, 2002. -- Created 1948 Ky. Acts ch. 165, sec. 1.

KRS 257.380 Regulations by Office of State Veterinarian to enforce KRS 257.370 to 257.460

257.380. Regulations by Office of State Veterinarian to enforce KRS 257.370 to 257.460 The Office of State Veterinarian is hereby authorized to promulgate administrative regulations as may be necessary, after public hearing following due public notice, to carry out the provisions of KRS 257.370 to 257.460. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 16, sec. 5, effective June 29, 2023. -- Amended 2002 Ky. Acts ch. 49, sec. 10, effective July 15, 2002. -- Created 1948 Ky. Acts ch. 165, sec. 2.

KRS 257.390 Importation of poultry over five months of age

257.390. Importation of poultry over five months of age Chickens, turkeys, or other poultry over five (5) months of age intended for breeding purposes shall not be imported into the state unless they have passed a negative agglutination test for pullorum disease under the supervision of an authority of the Office of State Veterinarian within thirty (30) days preceding date of importation, or have originated from flocks authoritatively participating in a pullorum control and eradication phase of the National Poultry Improvement Plan or other USDA-administered plan. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 16, sec. 6, effective June 29, 2023. -- Amended 2005 Ky. Acts ch. 115, sec. 2, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 49, sec. 11, effective July 15, 2002. -- Created 1948 Ky. Acts ch. 165, sec. 3.

KRS 257.400 Newly hatched poultry and hatching eggs to originate from approved flocks

257.400. Newly hatched poultry and hatching eggs to originate from approved flocks Hatching eggs and all poultry under five (5) months of age, including baby chicks, started chicks, turkey poults, and other newly hatched domestic poultry except those intended for immediate slaughter which may be imported into the state under permit issued by the Office of State Veterinarian, and sold or offered for sale in this state, shall have originated from flocks that meet the pullorum requirements of the National Poultry Improvement Plan or other USDA-administered plan, and the regulations promulgated by authority of KRS 257.370 to 257.460 for the control and eradication of pullorum disease. Nothing in KRS 257.370 to 257.460, however, shall require any hatchery, dealer, or flock owner to participate in the National Poultry Improvement Plan. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 16, sec. 7, effective June 29, 2023. -- Amended 2005 Ky. Acts ch. 115, sec. 3, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 49, sec. 12, effective July 15, 2002. -- Created 1948 Ky. Acts ch. 165, sec. 4.

KRS 257.410 Importation of newly hatched poultry and hatching eggs -- Labels

257.410. Importation of newly hatched poultry and hatching eggs -- Labels Hatching eggs and all poultry under five (5) months of age, including baby chicks, started chicks, turkey poults, other newly hatched domestic poultry, except those intended fo r immediate slaughter, that are imported into this state shall have originated in flocks that meet the pullorum requirements of the National Poultry Improvement Plan, or other USDA-administered plan, and the administrative regulations promulgated by authority of KRS 257.370 to 257.460. Every container of poultry under five (5) months of age, including baby chicks, started chicks, turkey poults, and any other newly hatched domestic poultry, except those intended for immediate slaughter, and hatching eggs imported into this state shall bear an official label or certificate showing the name and address of the importer, the authority under which the testing for pullorum disease was done, and the pullorum control and eradication class of the product, the use of the certificate or label to be approved by the official state agency or the Office of State Veterinarian official of the state of origin. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 16, sec. 8, effective June 29, 2023. -- Amended 2005 Ky. Acts ch. 115, sec. 4, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 49, sec. 13, effective July 15, 2002. -- Created 1948 Ky. Acts ch. 165, sec. 5.

KRS 257.420 Permits for hatcheries and dealers in chicks or eggs

257.420. Permits for hatcheries and dealers in chicks or eggs No person, firm, or corporation shall operate a public hatchery, and no person, dealer, jobber, peddler, or huckster in baby chicks, started chicks, turkey poults, other newly hatched domestic poultry, and hatching eggs shall operate as a public hatchery within this state without obtaining an annual permit from the Office of State Veterinarian to so operate, and paying a permit fee of ten dollars ($10) per annum. This is not intended to require a permit of hatcheries, chick dealers, chick salesmen, or corporations selling less than one thousand (1,000) chicks per year, or egg dealers selling less than thirty-five hundred (3,500) eggs per year. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 16, sec. 9, effective June 29, 2023. -- Amended 2002 Ky. Acts ch. 49, sec. 14, effective July 15, 2002. -- Created 1948 Ky. Acts ch. 165, sec. 6.

KRS 257.430 Permit year

257.430. Permit year The permit year shall extend from July 1 of each year to June 30 of the following year. History: Created 1948 Ky. Acts ch. 165, sec. 10.

KRS 257.440 Refusal, suspension, or revocation of permit -- Appeal

257.440. Refusal, suspension, or revocation of permit -- Appeal Any permit may be suspended or canceled by the Office of State Veterinarian, after opportunity for a hearing to be conducted in accordance with KRS Chapter 13B, for any violation of KRS 257.370 to 257.460 or the regulations promulgated under KRS 257.370 to 257.460. Any person who is refused a permit or whose permit is revoked after a hearing may appeal the final order to the Circuit Court of Franklin County in accordance with KRS Chapter 13B. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 16, sec. 10, effective June 29, 2023. -- Amended 2002 Ky. Acts ch. 49, sec. 15, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 318, sec. 182, effective July 15, 1996. -- Created 1948 Ky. Acts ch. 165, sec. 8.

KRS 257.450 Quarantine of illegally produced or imported eggs or poultry -- Destruction

257.450. Quarantine of illegally produced or imported eggs or poultry -- Destruction All poultry of whatever age or species and all hatching eggs that are sold or offered for sale within this state or enter into this state not in compliance with the provisions of KRS 257.370 to 257.460 shall be quarantined by the Office of State Veterinarian. Where possible, the office shall make the tests necessary to determine whether or not pullorum disease is present in any of the quarantined poultry. With respect to all other poultry where tests are not possible, and to hatching eggs, sufficient proof must be presented that they have originated from approved flocks. The poultry or flocks found to be infected with pullorum disease, and the poultry and hatching eggs lacking the required proof of origin from approved flocks, shall be destroyed. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 16, sec. 11, effective June 29, 2023. -- Amended 2002 Ky. Acts ch. 49, sec. 16, effective July 15, 2002. -- Amended 1950 Ky. Acts ch. 10, sec. 1. -- Created 1948 Ky. Acts ch. 165, sec. 9.

KRS 257.460 Revolving fund for enforcement

257.460. Revolving fund for enforcement All money collected under the provisions of KRS 257.370 to 257.450 shall be paid to the State Treasurer and by him placed in a revolving fund to be used by the Kentucky Department of Agriculture for the purpose of enforcing the provisions of KRS 257.370 to 257.450. History: Created 1948 Ky. Acts ch. 165, sec. 11.

KRS 257.470 Access for enforcement

257.470. Access for enforcement For the purpose of enforcing the provisions of KRS 257.330 to 257.440, the inspectors of the Office of State Veterinarian shall have free access to any premises or vehicles for the purpose of inspection. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 16, sec. 12, effective June 29, 2023. -- Amended 2002 Ky. Acts ch. 49, sec. 17, effective July 15, 2002. -- Created 1950 Ky. Acts ch. 10, sec. 2.

KRS 257.472 Kentucky Equine Health and Welfare Council -- Duties -- Members -- Meetings -- Construction of KRS 257.472 to 257.476

257.472. Kentucky Equine Health and Welfare Council -- Duties -- Members -- Meetings -- Construction of KRS 257.472 to 257.476 (1) The Kentucky Equine Health and Welfare Council is hereby established and shall be attached to the Kentucky Department of Ag riculture for administrative purposes only. The council shall: (a) Assist, advise, and consult with the commission created by KRS 257.192 on equine health and welfare issues; (b) Act to maintain the health, welfare, and safety of equines in the Commonwealth; and (c) Carry out the duties assigned to the council in KRS 257.474. (2) The council shall be composed of thirteen (13) voting members and two (2) nonvoting ex officio members as follows: (a) The Commissioner of Agriculture or his or her designee; (b) The state veterinarian or his or her designee; (c) One (1) representative of the University of Kentucky College of Agriculture Equine Initiative to be designated by the dean of the University of Kentucky College of Agriculture; (d) One (1) representative of the University of Louisville Equine Industry Program to be designated by the dean of the College of Business; (e) One (1) representative of equine education programs chosen by Morehead State University, Murray State University, or Western Kentucky Univers ity on a rotating basis at the pleasure of the university to serve a one (1) year term; (f) The executive director of the University of Kentucky Livestock Disease Diagnostic Center, or his or her designee, or the executive director of the Murray State University Breathitt Veterinary Center, or his or her designee, who shall serve one (1) year terms on a rotating basis; (g) One (1) representative of the Kentucky Farm Bureau Federation with an interest in equine issues; (h) One (1) veterinarian representing the Kentucky Equine Health and Welfare Alliance Inc.; (i) One (1) member representing the Ken tucky Veterinary Medical Association; (j) One (1) member to be appointed by the Governor from a list of three (3) nominees submitted by the Kentucky Horse Council; (k) One (1) member representing organized horse rescue entities to be selected by the Governor from a listing of those who apply for membership on the council; (l) Two (2) members at large who live in diverse regions of the state to be appointed by the Governor. Each member at large shall primarily represent one (1) of the following: 1. Equine breeders and owners; and 2. Agricultural interests; (m) The chair of the Senate Standing Committee on Agriculture, who shall serve as a nonvoting ex officio member; and (n) The chair of the House Standing Committee on Agriculture and Small Business, who shall serve as a nonvoting ex officio member. (3) Initial terms of members serving under subsection (2)(c), (d), and (g) to (l) of this section shall be staggered by the Governor. Thereafter, terms shall be for four (4) years or until their successors are duly appointed and qualified. Vacancies on the council shall be filled for the remainder of the unexpired term in the same manner as the original appointment. (4) Consideration shall be given to racial and gender equity in the appointment of council members. (5) The council shall elect one (1) of its members to serve as chair for a term of two (2) years. (6) The council shall meet quarterly or upon the call of the chair. The first meeting of the council shall occur at the beginning of the quarter following appointments to the council. (7) A quorum of the council shall consist of seven (7) voting members. A majority of the voting members present may act upon matters before the council. (8) Members of the council shall serve without compensation. (9) Nothing in KRS 257.472 to 257.476 shall be construed to infringe upon the regulatory authority of: (a) The Kentucky Horse Racing and Gaming Corporation to inspect, investigate, and supervise horses and other participants in horse racing and breeders incentive funds as provided by KRS Chapter 230, administrative regulations promulgated under KRS Chapter 230, or any other law applicable to the regulation of horse racing in the Commonwealth; (b) The Kentucky Board of Veterinary Examiners to license and certify veterinarians as provided by KRS Chapter 321, administrative regulations promulgated under KRS Chapter 321, or any other law applicable to the regulation of veterinarians in the Commonwealth; or (c) The Kentucky Livestock Care Standards Commission to make recommendations to the Board of Agriculture to establish, maintain, or revise standards governing the care and well-being of on-farm livestock and poultry, or any other authority of the commission authorized under this chapter. Effective: July 1, 2024 History: Amended 2024 Ky. Acts ch. 171, sec. 106, effective July 1, 2024. -- Created 2010 Ky. Acts ch. 106, sec. 1, effective July 15, 2010. Legislative Research Commission Note (7/15/2010). A reference to the "Kentucky Horse Racing Authority" in subsection (9) of this section, as created by 2010 Ky. Acts ch. 106, sec. 1, has been changed in codification to the "Kentucky Horse Racing Commission" to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. This change was made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938. Legislative Research Commission Note (7/15/2010). The proposed Senate Committee Substitute to House Bill 398, which became 2010 Ky. Acts ch. 106, attached the text of Senate Bill 105/HCS to HB 398 and made several changes to the existing provisions, including the addition of paragraph (c) to subsection (9) of this statute. As drafted, paragraph (c) contained the phrase, "commission authorized under this Act." After examination of the materials in the bill folder and consultation with the drafter, "this Act" was changed to "this chapter" during codification, as all sections of 2010 Ky. Acts ch. 106 are located in KRS Chapter 257. This substitution was made by the Reviser of Statutes under the authority of KRS 7.136(1)(f).

KRS 257.474 Duties and functions of council

257.474. Duties and functions of council In addition to the duties relating to equine health and welfare matters set forth in KRS 257.472(1), the duties and functions of the council include but are not limited to: (1) Undertaking research, conducting public hearings, and collecting data to determine the prevalent equine health and welfare issues; (2) Striving to develop regional centers of care for unwanted, abused, neglected, or confiscated equines. The development of the centers may be undertaken in cooperation with state and local governments, private entities, universities, or other groups; (3) Creating a system of voluntary certification of equine rescue and retirement operations that includes, at a minimum, industry-accepted standards of care for equines; (4) Researching and offering suggestions to the commission for statutory changes affecting equine health, welfare, abuse, and neglect issues; (5) Assisting veterinarians and others in maintaining the health and welfare of equines by identifying and referring to the appropriate authorities critical areas of need; and (6) Submitting a written report annually to the Governor, the Department of Agriculture, and the Legislative Research Commission regarding its administrative, financial, and programmatic activities. Effective: July 15, 2010 History: Created 2010 Ky. Acts ch. 106, sec. 2, effective July 15, 2010.

KRS 257.476 Equine health and welfare fund

257.476. Equine health and welfare fund (1) The equine health and welfare fund is created in the State Treasury as a trust and agency account to be administered by the council for the purposes provided in this section. (2) Notwithstanding KRS 45.229, any moneys accruing to this fund in any fiscal year, including state appropriations, gifts, grants, federal funds, interest, and any other funds both public and private, shall not lapse but shall be carried forward to the next fiscal year. (3) Any interest earnings of the fund shall become a part of the fund and shall not lapse. (4) Moneys received in the fund shall be used for carrying out the provisions of KRS 257.472 to 257.476. Effective: July 15, 2010 History: Created 2010 Ky. Acts ch. 106, sec. 3, effective July 15, 2010.

KRS 257.480 Legislative policy declared

257.480. Legislative policy declared It is the legislative policy that every Kentucky citizen exert the maximum local effort to enforce the livestock, poultry, and fish disease control programs in KRS 257.010 to KRS 257.470 and provide protection to the citizens and livestock, poultry, and fish of the Commonwealth. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 22, sec. 17, effective June 25, 2009. -- Created 1972 Ky. Acts ch. 244, sec. 1.

KRS 257.490 Designation of employees as peace officers -- Qualifications -- Powers -- Manual

257.490. Designation of employees as peace officers -- Qualifications -- Powers -- Manual (1) The Commissioner shall have the power to employ persons to serve as peace officers. All persons employed as peace officers by the department shall meet the qualifications set forth in KRS 15.380 to 15.404 concerning officer certification and training. (2) Officers employed by the department shall have full powers as peace officers and shall be limited to the enforcement of Department of Agriculture statutes and administrative regulations, except when it is necessary to enforce KRS Chapter 514 related to theft cases involving animals, KRS Chapter 516 related to forgery of animal health certificates, or KRS Chapter 525 related to animal cruelty, mistreatment, or torture. (3) The department shall establish and maintain an operational procedures manual outlining specific actions to be taken by officers pursuant to this section. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 22, sec. 18, effective June 25, 2009. -- Amended 2002 Ky. Acts ch. 49, sec. 18, effective July 15, 2002. -- Amended 1978 Ky. Acts ch. 296, sec. 2, effective June 17, 1978. -- Created 1972 Ky. Acts ch. 244, sec. 2.

KRS 257.495 Board not to release agricultural or food system information considered part of critical infrastructure -- Exceptions

257.495. Board not to release agricultural or food system information considered part of critical infrastructure -- Exceptions (1) Except as provided in subsections (2) and (3) of this section, the board shall not release any agricultural or food system records, data, or information considered a part of the critical infrastructure. "Critical infrastructure" shall have the same meaning as in 42 U.S.C. sec. 5195c(e). (2) Any records, data, or information excluded under application of subsection (1) of this section shall be subject to inspection only upon order of a court of competent jurisdiction. (3) Nothing in this section shall limit the release of records, data, or information to another state or federal agency if the release of the information is necessary to prevent or control disease or to protect public health, safety, or welfare. Effective: July 12, 2006 History: Created 2006 Ky. Acts ch. 27, sec. 1, effective July 12, 2006.

KRS 257.497 National animal identification system -- Voluntary system -- Mandatory system -- Restrictions on board -- Exceptions

257.497. National animal identification system -- Voluntary system -- Mandatory system -- Restrictions on board -- Exceptions (1) The board may promulgate administrative regulations necessary to carry out the provisions of the national animal identification system if the system becomes mandatory through final federal action in accordance with the Administrative Procedure Act, 5 U.S.C. sec. 500 et seq., as amended. If the system becomes mandatory, the administrative regulations shall be no more stringent than the federal law or regulations. (2) As long as the national animal identification system is voluntary, the board shall not: (a) Mandate or force participation in the system or any other similar system that regulates livestock or poultry, as defined by KRS 246.010, including premise registration, animal identification, or the tracking or surveillance of livestock or poultry; (b) Withhold indemnity as provided in KRS 257.120 and 257.130 based solely on nonparticipation in the national animal identification system; or (c) Deny, revoke, or limit services, licenses, permits, grants, or other benefits or incentives to a person if that person does not participate in the national animal identification system. (3) Nothing in this section shall be construed as prohibiting: (a) The board from establishing or participating in disease control programs specifically designed to address a known disease in a specific species of livestock; (b) The board from operating livestock identification, brand registration, or inspection programs as authorized under the Kentucky Revised Statutes; or (c) Private agricultural industry organizations from establishing voluntary source verification programs for their own members or others who elect to participate. (4) No city, town, county, or other political subdivision of the Commonwealth shall adopt or continue in effect any ordinance, resolution, rule, or regulation requiring participation in the national animal identification system or any other similar system that regulates livestock or poultry, as defined by KRS 246.010, including premise registration, animal identification, or the tracking or surveillance of livestock or poultry. Local legislation in violation of this subsection shall be void and unenforceable. (5) Except as provided in subsections (6) and (7) of this section, the board shall not release any records, data, or information collected, recorded, or otherwise, deemed confidential for the purposes of the national animal identification system. (6) Any records, data, or information deemed confidential under application of subsection (5) of this section shall be subject to inspection only upon order of a court of competent jurisdiction. (7) Nothing in this section shall limit the release of records, data, or information to another state or federal agency if the release of the information is necessary to prevent or control disease or to protect public health, safety, or welfare. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 85, sec. 1, effective July 15, 2008. -- Created 2006 Ky. Acts ch. 27, sec. 2, effective July 12, 2006.

KRS 257.510 Repealed, 2006

257.510. Repealed, 2006 Catchline at repeal: Definitions for KRS 257.520 and 257.530. History: Repealed 2006 Ky. Acts ch. 225, sec. 15, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 49, sec. 19, effective July 15, 2002. -- Created 1972 Ky. Acts ch. 277, sec. 1.

KRS 257.520 Repealed, 2006

257.520. Repealed, 2006 Catchline at repeal: Exceptions. History: Repealed, reenacted, and amended as KRS 261.370, 2006 Ky. Acts ch. 225, sec. 12, effective July 12, 2006. -- Created 1972 Ky. Acts ch. 277, sec. 2.

KRS 257.530 Repealed, 2006

257.530. Repealed, 2006 Catchline at repeal: License required -- Renewal, records of transactions -- Violations -- License revocation or suspension -- Review by Franklin Circuit Court. History: Repealed, reenacted, and amended as KRS 261.375, 2006 Ky. Acts ch. 225, sec. 13, effective July 12, 2006. -- Amended 1996 Ky. Acts ch. 318, sec. 183, effective July 15, 1996. -- Amended 1982 Ky. Acts ch. 310, sec. 1, effective July 15, 1982. -- Amended 1976 Ky. Acts ch. 167, sec. 1. -- Created 1972 Ky. Acts ch. 277, sec. 3.

KRS 257.540 Repealed, 2006

257.540. Repealed, 2006 Catchline at repeal: Restriction on regulations. History: Repealed, reenacted and amended as KRS 261.380, 2006 Ky. Acts ch. 225, sec. 14, effective July 12, 2006. -- Created 1976 Ky. Acts ch. 167, sec. 3.

KRS 257.550 Kentucky Cervid CWD Surveillance and Identification Program

257.550. Kentucky Cervid CWD Surveillance and Identification Program (1) There shall be a ban on the importation of live members of the animal family Cervidae into the Commonwealth that have not been subject to a program of surveillance and identification for cervid chronic wasting disease (CWD) that meets or exceeds: (a) The requirements of the Kentucky Cervid CWD Surveillance and Identification (CCWDSI) Program set forth in this section and in administrative regulations promulgated by the Kentucky Department of Agriculture; and (b) Any other health requirements as regulated by the Kentucky Department of Agriculture or the United States Department of Agriculture for cervids. (2) The Kentucky Department of Agriculture shall be responsible for authorizing importation of the members of the animal family Cervidae into the Commonwealth that have been subject to a program of surveillance and identification for cervid CWD that meets or exceeds: (a) The requirements of the Kentucky CCWDSI Program set forth in this section and in administrative regulations promulgated by the Kentucky Department of Agriculture; and (b) Any other health requirements as regulated by the Kentucky Department of Agriculture or the United States Department of Agriculture for cervids. (3) Members of the animal family Cervidae shall not be eligible for importation into the Commonwealth unless the program of surveillance and identification for cervid CWD to which they have been subject: (a) Has been certified by the exporting state's state veterinarian or agency having jurisdiction over that state's surveillance and identification program; (b) Has been approved by the Kentucky state veterinarian as meeting or exceeding the standards imposed under the Kentucky CCWDSI Program; and (c) Meets, at a minimum, the following requirements: 1. The program shall require cervid owners to obtain identification and laboratory diagnosis from brain tissue as directed by the exporting state's state veterinarian or agency with jurisdiction for cervids twelve (12) months of age or greater that: a. Display clinical signs of CWD; b. Die, including deaths by slaughter or by hunting, including hunting on hunting preserves; or c. Are ill or injured, regardless of whether the illness or injury results in death; and 2. The program shall require cervid owners to obtain cervids from herds that have been monitored for at least five (5) years and that have complied with the standards contained in the Kentucky CCWDSI Program. (4) Cervids originating from a state that has reported a confirmed case of CWD in wild or captive cervids shall not be imported into Kentucky until the United States Department of Agriculture approves: (a) Regulations that allow importation from states with confirmed cases of CWD; and (b) A live test for CWD that is available for live testing of cervids. (5) Importation of members of the animal family Cervidae into the Commonwealth shall be consistent with this section and with administrative regulations promulgated by the Kentucky Department of Agriculture in cooperation with the Kentucky Department of Fish and Wildlife Resources. Effective: June 25, 2009 History: Created 2009 Ky. Acts ch. 62, sec. 1, effective June 25, 2009.

KRS 257.552 Cervid holder in violation of state law or administrative regulation -- Compliance timeframe -- Quarantine

257.552. Cervid holder in violation of state law or administrative regulation -- Compliance timeframe -- Quarantine If any person holding captive cervids regulated under KRS 150.725 to 150.735 is determined in violation of a Kentucky statute or administrative regulation pertaining to the health requirements, eradication of diseases, importation, and identification of those cervids, then that person shall have sixty (60) days from when the violation was identified to come into compliance. During the sixty (60) day period, the cervids shall be subject to quarantine by the Kentucky Department of Agriculture. The permit holder may request an administrative hearing pursuant to KRS Chapter 13B within thirty (30) days of the notice of violation and may appeal the final decision to Franklin Circuit Court in accordance with KRS Chapter 13B. If a final determination upholds the Kentucky Department of Agriculture, the permit holder's cervids may be disposed of by the department without compensation to the owner. Effective: June 25, 2009 History: Created 2009 Ky. Acts ch. 62, sec. 7, effective June 25, 2009.

KRS 257.600 Regulations on feeding of untreated garbage to swine -- Permit -- Inspections

257.600. Regulations on feeding of untreated garbage to swine -- Permit -- Inspections The Department of Agriculture shall promulgate regulations governing the feeding of garbage to swine. The department may conduct such inspections as are required to enforce this section. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 22, sec. 19, effective June 25, 2009. -- Created 1982 Ky. Acts ch. 286, sec. 1, effective April 2, 1982.

KRS 257.990 Penalties

257.990. Penalties (1) (a) Except as provided by paragraph (b) of this subsection, any person who violates any administrative regulation promulgated by the board under the provisions of this chapter, for the violation of which no other penalty is provided in this section, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the first offense; for each subsequent offense he shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or be imprisoned not more than thirty (30) days, or both. (b) This subsection shall not apply to administrative regulations promulgated under KRS 257.196. (2) Any person who violates KRS 257.040 shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). (3) Any person who violates KRS 257.050 shall be fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500) for the first offense; for each subsequent offense he shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), and shall be imprisoned for not less than sixty (60) days nor more than one hundred and twenty (120) days. (4) Any person who violates subsection (1) of KRS 257.060 shall be fined not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) for the first offense; for each subsequent offense he shall be fined not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000), and shall be imprisoned for not less than sixty (60) days nor more than one hundred and twenty (120) days. (5) Any person who violates subsection (2) of KRS 257.060 shall be fined not more than one thousand dollars ($1,000). (6) Any person who violates any of the provisions of KRS 257.080 or 257.180 shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500). (7) Any person who violates any of the provisions of KRS 257.160 shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the first offense. For each subsequent offense, he shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or be imprisoned not more than thirty (30) days, or both. (8) Any person who violates any ruling of the board or who hinders any agent of the board in carrying out the duties assigned to him, or any officer who refuses to enforce the provisions of this chapter when called upon by the board to do so, or any other person who in any way attempts to hinder or obstruct the board in carrying out the provisions of this chapter shall be fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500) for each offense. (9) Any person who violates any provision of KRS 257.330 to 257.350 or the regulations made thereunder for carrying out their provisions, or who fails or refuses to comply with or intends to deceive, or who answers or represents falsely in response to any requirement of KRS 257.330 to 257.350, or who willfully interferes with the Office of State Veterinarian or their employees or agents, in the carrying out of their duties provided in KRS 257.330 to 257.350, shall be guilty of a misdemeanor. Any person who shall violate any of the provisions of KRS 257.330 to 257.350 shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not to exceed five hundred dollars ($500). (10) Any person, firm, or corporation who shall violate any provision of KRS 257.370 to 257.460 or any rule or regulation made under authority thereof shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not to exceed five hundred dollars ($500) for each offense. (11) Any person who resists, obstructs, interferes with, threatens, attempts to intimidate, or in any other manner interferes with an officer under KRS 257.490 or who willfully refuses to obey his lawful orders shall be fined not more than one thousand dollars ($1,000), or imprisoned in the county jail not more than thirty (30) days, or both. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 106, sec. 10, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 225, sec. 11, effective July 12, 2006. -- Amended 1994 Ky. Acts ch. 120, sec. 2, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 97, sec. 6, effective July 13, 1990. -- Amended 1980 Ky. Acts ch. 188, sec. 234, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 296, sec. 3, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 167, sec. 2. -- Amended 1972 Ky. Acts ch. 244, sec. 3; and ch. 277, sec. 4. -- Amended 1970 Ky. Acts ch. 92, sec. 79. -- Amended 1948 Ky. Acts ch. 19, sec. 2 and ch. 165, sec. 7. -- Amended 1946 Ky. Acts ch. 86, sec. 2; and ch. 103, secs. 7 and 8. -- Amended 1942 Ky. Acts ch. 196, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 47, 47a, 63a- 11(5), 63c-2, 63c-3, 63c-4, 63c-5, 63c-6, 63c-8, 63c-11, 63c-14, 1332.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38470Fetched: 10/20/2026

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