302 KAR 20:066. Chronic wasting disease surveillance in captive cervids.

302 KAR 20:066. Chronic wasting disease surveillance in captive cervids.

RELATES TO: KRS 150.720(2), Chapter 246, 246.295(2), Chapter 251

STATUTORY AUTHORITY: KRS 150.720(1), 246.295(1), 257.030

NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.720(1) and 246.295(1) require the Department of Agriculture in cooperation with the Department of Fish and Wildlife to promulgate administrative regulations pertaining to health requirements, eradication of diseases, and identification of privately-owned and farm-raised cervids maintained for the production of meat and other products. This administrative regulation establishes criteria and health requirements necessary to prevent the introduction of chronic wasting disease into Kentucky, develop a herd monitoring system, and to establish requirements for intrastate movement of cervids.

Section 1. Definitions. (1) "Adjacent herd" means a herd of cervids occupying premises that border an affected herd, including herds separated by roads or streams; or a herd of cervids occupying premises that were previously occupied by an affected herd within the past five (5) years as determined by the designated epidemiologist.

(2) "Affected cervid herd" means a cervid herd from which any animal has been diagnosed as affected with CWD or is not in compliance with the provisions of the control program for CWD as described in this administrative regulation.

(3) "Approved laboratory" means the National Veterinary Service Laboratory, Ames, Iowa, or laboratories accredited by the American Association of Veterinary Laboratory Diagnosticians.

(4) "Certificate of Veterinary Inspection" means an official document issued by the State Veterinarian, federal animal health official, or by a licensed, accredited veterinarian at the point of origin that documents the state-federal official individual animal identification, the number of animals shipped, the purpose of the movement, the points of origin and destination, and the consignor and consignee.

(5) "Certified CWD cervid herd" means a herd of cervids that has qualified for and has been issued a certified CWD cervid herd certificate signed by the State Veterinarian.

(6) "Certified monitored CWD cervid herd" means a herd of cervids that has complied with the CCWDSI Program and that has been defined as one (1) year, two (2) year, three (3) year, or four (4) year monitored in accordance with the time in years the herd has complied with the CCWDSI Program.

(7) "Cervid" means deer, elk, moose, caribou, reindeer, and related species and hybrids thereof, including all members of the cervidae family and hybrids thereof.

(8) "Cervid herd of origin" means a cervid herd, or any farm or other premises, where the animals were born or where they are kept for at least one (1) year before the date of shipping.

(9) "Cervid CWD surveillance identification program" or "CCWDSI Program" means a CWD surveillance program requiring identification and laboratory diagnosis including brain tissue as directed by the State Veterinarian, on all deaths, including deaths by slaughter, hunting (including hunting on hunting preserves), illness, and injury, of cervids six (6) months of age or greater or any cervid displaying clinical signs of CWD. The diagnosis as established in Section 3 of this administrative regulation.

(10) "Chronic wasting disease" or "CWD" means a transmissible spongiform encephalopathy of cervids.

(11) "Closed herd" means a cervid herd which has had no imported animals for a period of three (3) years.

(12) "CWD exposed" or "exposed" means a designation applied to cervids that are either part of an affected herd or for which epidemiological investigation indicates contact with CWD affected animals or contact with animals from a CWD affected herd in the past five (5) years.

(13) "CWD affected" means a designation applied to cervids diagnosed as affected with the CWD prion based on laboratory results, clinical signs, or epidemiological investigation.

(14) "CWD suspect" means a designation applied to cervids for which laboratory evidence or clinical signs suggest a diagnosis of CWD, but for which laboratory results are inconclusive.

(15) "Designated epidemiologist" means a state or federal veterinarian who is appointed by the State Veterinarian, the USDA Area Veterinarian in Charge, and the USDA Animal Plan Health Inspection Service.

(16) "Herd" means a group of cervids that are under common ownership or supervision.

(17) "Humanely-harbored cervid" means a captive cervid or a group of captive cervids six (6) months of age or older that has required rehabilitation or was abandoned at a young age.

(18) "Imported animal" means an animal introduced into a herd from any source.

(19) "Individual herd plan" means a written herd management plan that is designed by the herd owner, the owner's veterinarian, if requested, and a designated epidemiologist to identify and eradicate CWD from a known affected, exposed, or adjacent herd.

(20) "KDFWR" means the Kentucky Department of Fish and Wildlife Resources.

(21) "Licensed, accredited veterinarian" means a veterinarian approved by the Deputy Administrator of Veterinary Services, Animal and Plant Health Inspection Service, United States Department of Agriculture, and the State Veterinarian, in accordance with 9 CFR Part 161, to perform functions required by cooperative state-federal animal disease control and eradication programs, and is licensed to practice in the state of Kentucky.

(22) "Monitored CWD herd" means a cervid or a herd of cervids that are humanely-harbored or a herd permitted by the KDFWR as a shooting/hunting preserve.

(23) "99/1 Surveillance Program" means a statistical sampling of cervids sixteen (16) months of age or older for any one (1) population of cervids that determines a ninety-nine (99) percent probability of no disease within that population.

(24) "Official cervid CWD test" means an approved test conducted at an approved laboratory to diagnose CWD.

(25) "Quarantine" means an imposed restriction prohibiting movement of cervids to any location without specific written permits.

(26) "Shooting/hunting preserve" means a KDFWR cervid permitted, fenced premises used for commercial shooting and hunting.

(27) "State" means any state of the United States, the District of Columbia, Puerto Rico, the U. S. Virgin Islands, or Guam.

(28) "State-federal official individual animal identification" means an identification eartag that conforms to the alphanumeric National Uniform Eartagging System as defined in 9 CFR Part 71.1 or other identification as defined in 9 CFR Part 77.20.

(29) "Traceback" means the process of identifying the herd or origin of CCWDSI Program positive animals, including herds that were sold for slaughter.

Section 2. The State Veterinarian shall provide routine supervision of the CCWDSI and the monitored CWD herd programs.

Section 3. Surveillance Procedures. Surveillance procedures for the CCWDSI Program shall include the following:

(1)(a) Upon death, cervids sixteen (16) months of age or older or any cervids less than sixteen (16) months of age showing clinical signs of a central nervous system disease shall have designated brain or retropharyangeal lymphoid tissue submitted to an approved laboratory for CWD surveillance and diagnostic testing.

(b) A diagnosis of CWD by an approved laboratory shall be confirmed by the National Veterinary Service Laboratory.

(c) Surveillance may also include a surveillance of animals which are slaughtered, including animals killed in a shooting/hunting preserve, which would give a 99/1 surveillance probability for CWD.

(d) If tissues associated with a cervid death are not submitted for laboratory diagnosis due to postmortem changes or unavailability, the state veterinarian shall reevaluate the status of the herd.

(2) Surveillance for CWD, as provided in subsection (1) of this section, shall be maintained for all cervid herds.

Section 4. Official Cervid Tests. Official cervid tests for CWD are:

(1) Histopathology;

(2) Immunohistochemistry;

(3) Western Blot;

(4) Negative Strain Electron Microscopy;

(5) Bioassay; and

(6) Any state-federal approved test performed by an approved laboratory to confirm the diagnosis of CWD.

Section 5. Investigation of Cervid CWD Surveillance Identification Affected Animals. Traceback shall be performed for all animals diagnosed at an approved laboratory as affected with CWD. All herds of origin and all adjacent herds and herds having contact with affected animals as determined by the CCWDSI Program shall be investigated epidemiologically. All herds of origin, adjacent herds, and herds having contact with affected animals or exposed animals shall be quarantined.

Section 6. Duration of Quarantine. Quarantines placed in accordance with this administrative regulation shall be removed in accordance with the following:

(1) A herd of origin may be removed from quarantine after five (5) years of compliance with all provisions of this administrative regulation.

(2) A herd having contact with affected or earlier if the animals from the affected or exposed herd have been determined not to be infected with CWD by an approved laboratory.

(3) An adjacent herd may be removed from quarantine only after an epidemiological investigation and by order of the designated epidemiologist.

Section 7. CCWDSI Program. (1) General. A person who keeps captive cervids in this state shall enroll the herd in the cervid CWD Surveillance Identification Program.

(2) Application. To enroll a herd in the surveillance program, a person shall complete and submit an application provided by the department. The application shall include all the following:

(a) The name, address, and telephone number of the herd owner, and any trade names under which the herd owner does business.

(b) The name, address, and telephone number of the herd custodian, if other than the herd owner.

(d) A complete herd census report compiled no more than thirty (30) days prior to the date of application. The applicant shall submit the census report on a form provided by the department. The census report for captive cervids classified as a breeding herd shall include:

1. The number, species, age, and sex of cervids in the herd.

2. The state-federal official individual animal identification.

(e) A written statement, by a licensed, accredited veterinarian, that certifies all the following:

1. The veterinarian and the herd owner have a valid veterinarian-client relationship.

2. The veterinarian has access to all herd health records and can document all disease events that have occurred in the herd within the past twelve (12) months.

3. That no cervid in the herd has shown any signs or symptoms of CWD in the past sixteen (16) months.

(3) Action on application. The department shall grant or deny an application under subsection (2) of this section within thirty (30) days after the department receives a complete application. The herd shall be enrolled in the CCWDSI Program on the day that the department accepts the application.

(4) Annual enrollment. To continue in the CCWDSI Program persons shall comply with the following:

(a) For a designated cervid breeding herd and for a designated humanely-harbored cervid herd, each cervid six (6) months of age or older shall be identified as defined in Section 1(28) of this administrative regulation. Cervids shall be tagged on or before six (6) months of age.

(b) Upon death, all cervids sixteen (16) months of age or older shall have brain or retropharyangeal lymphoid tissue submitted to an approved laboratory. A positive diagnosis of CWD by an approved laboratory shall be confirmed by the National Veterinary Service Laboratory or other laboratories approved by the National Veterinary Service Laboratory.

(c) The herd veterinarian shall be notified within twenty-four (24) hours of observance of an animal with clinical signs suggestive of CWD.

(d) Complete and file an annual herd census.

(e) Create and maintain complete herd records under subsection (6) of this section.

(f) Provide the department with an annual written statement from the herd veterinarian. A licensed, accredited veterinarian shall sign and submit the statement within thirty (30) days before or after the anniversary of the herd's enrollment under subsection (3) of this section. The statement shall certify all the following:

1. The herd owner and the herd veterinarian have established a veterinarian-client relationship.

2. The veterinarian has access to all herd health records and can document all disease events that have occurred in the herd within the past twelve (12) months.

3. The herd had no clinical signs or symptoms of CWD in the past sixteen (16) months.

(5) Annual herd census. A person shall complete an annual herd census under subsection (4)(d) of this section within thirty (30) days before or after the anniversary date of the herd's enrollment under subsection (3) of this section. The person shall file an annual census report under subsection (4)(d) of this section, on a form provided by the department, within ten (10) days after completing the annual herd census. The report shall include all the following:

(a) The number, species, age, and sex of cervids in the herd.

(b) The state-federal official individual animal identification and all secondary identifications.

(c) The number, species, age, and sex for cervids added to the herd since the last herd census report. The report shall document additions to the herd as natural additions or as a purchased addition. For a purchased addition, the report shall identify the source of purchase, date of purchase, and document that the cervid met all the CWD herd surveillance requirements prior to entry into the herd.

(d) The number, species, age, and sex for cervids that left the herd since the last herd census report. The report shall document the reason for removing from the herd:

1. Cervid died on the premises. For a premises death, the report shall document cervid age, state-federal official individual animal identification, disposition of carcass, and brain or retropharyangeal lymphoid tissue collected for laboratory submission.

2. Cervid sold and moved to a new premises, the report shall document the name and address of purchaser.

3. Cervid was shipped to slaughter, the report shall document the cervid’s age, state-federal official individual animal identification, the name and address of the slaughter establishment, and documentation that tissue was collected for CWD diagnostics.

(6) Herd records. A person shall keep the following herd records under subsection (4)(e) of this section and shall make all records available to the department upon request.

(a) A record for each purchased addition to the herd shall include:

1. The species, age, and sex of the cervid.

2. The name and address of the person from whom the cervid was purchased.

3. The address of the herd from which the cervid was purchased.

4. A copy of the Certificate of Veterinary Inspection that accompanied the animal for intra- and interstate movement.

(b) A record of each cervid leaving the herd shall include the following:

1. Whether the cervid died on the premises, was shipped to slaughter, or was shipped live other than to slaughter.

2. If the cervid was shipped live other than to slaughter, the name of the person to whom it was shipped, the place to which it was shipped and a copy of the Certificate of Veterinary Inspection related to the shipment.

3. If the cervid died on the premises, the apparent cause of death, the cervid's age, sex, state-federal official individual animal identification, and the disposition of the cervid's carcass. If the carcass left the premises, the record shall identify the carcass destination or recipient.

4. If the cervid was shipped to slaughter, the cervid's age, sex, state-federal official individual animal identification, and the name and address of the slaughter establishment.

(d) Records received from the herd veterinarian related to veterinary services provided to the herd.

(7)(a) Humanely-harbored cervids shall not be designated as a breeding unit and shall not be eligible for sale or exhibition.

(b) Humanely-harbored cervids shall not be removed from a permitted premises except for disposition of the carcass or slaughter.

(8) Suspending enrollment.

(a) The department may, pursuant to KRS Chapter 13B, suspend a herd's enrollment in the CCWDSI Program or herd monitoring program under this section if any of the following apply:

1. A person falsifies information on an enrollment application, or falsifies subsequent information required for continued enrollment.

2. A person fails to comply with requirements under subsection (4) of this section for continued enrollment.

(b) The State Veterinarian or designee may issue a suspension order under paragraph (a) of this subsection.

Section 8. Identification and Disposition Requirements. CWD affected and exposed cervids shall be quarantined and remain under quarantine. Movement from the premises and disposition of cervids shall be in compliance with requirements of KRS 257.160.

Section 9. Methods of Obtaining Certified CWD Cervid Herd Status. Certified CWD cervid herd status shall include all cervids in the cervid herd. They shall not be commingled with other cervids that are not certified or commingled with cervids of a lesser certification. A herd may qualify for status as a certified CWD cervid herd as follows:

(1) Purchasing a certified CWD cervid herd: Upon request and with proof of purchase, the State Veterinarian shall issue a new certified CWD cervid herd certificate in the new owner's name. The anniversary date and the herd number, as assigned by the department, shall remain the same. If part or all of the purchased herd is moved directly to premises that have no other cervids, the herd may retain certified CWD status, and the State Veterinarian shall issue a new certification number. The anniversary date of the new herd is the date of the most recent herd certification status certificate.

(2) Upon request and with proof of records, a herd owner shall be issued a certified CWD cervid herd certificate by complying with the CCWDSI Program, as defined in Section 1 of this administrative regulation, for a period of five (5) years.

Section 10. Recertification of a Certified CWD Cervid Herd. A herd is certified for twelve (12) months. For continuous certification, adherence to the provisions in this administrative regulation and all other state laws and rules pertaining to raising cervids is required. A herd's certification status is immediately terminated and a herd investigation shall be initiated when CWD affected or exposed animals are found in the herd.

Section 11. Movement Into a Certified CWD or Monitored CWD Herd. (1) Animals originating from a certified CWD cervid herd may move into another certified CWD cervid herd. Animals originating from a herd not certified as a CWD cervid herd shall not be certified until the animals remain in a certified CWD cervid herd for five (5) years. Animals originating from a CWD monitored herd shall not be certified until the combination of the CWD monitored status and the years present in the certified CWD herd total five (5) years.

(2) Animals originating from a monitored CWD herd may move into another monitored CWD herd of the same status. Animals originating from a herd which is not a monitored CWD herd or from a lower status monitored CWD herd shall not be assigned a monitored status until the cervids have been in the monitored herd for a number of years equal to the designated herd’s monitored status at time of entry.

Section 12. Recognition of Monitored CWD Herds. The State Veterinarian shall issue a monitored CWD herd certificate indicating CWD monitored herd status as CWD monitored one (1), CWD monitored two (2), CWD monitored three (3), or CWD monitored four (4), according to the number of years the herd has qualified for the status.

Section 13. Recognition of Certified CWD Cervid Herds. The State Veterinarian shall issue a certified CWD cervid herd certificate when the herd first qualifies. For recertification, the State Veterinarian shall issue a renewal form annually.

Section 14. Intrastate Movement Requirements. All intrastate movements of cervids, other than to a state- or federally-inspected slaughter establishment, shall be accompanied by an intrastate movement Certificate of Veterinary Inspection signed by a licensed, accredited veterinarian. The intrastate movement certificate shall include the following:

(1) Consignor's name, address, and State Veterinarian issued permit number;

(2) Consignee's name, address, and State Veterinarian issued permit number; and

(3) The permit number to ship, which may be obtained by telephone, issued by the State Veterinarian prior to movement and one of the following statements:

(a) "All cervids identified on this certificate are from a closed herd as defined in Section 1 of 302 KAR 20:066";

(b) "All cervids identified on this certificate originate from a herd with a minimum of a three (3) year monitored status"; or

Section 15. Requirements for Entry into Kentucky. All cervids entering Kentucky shall be accompanied by a Certificate of Veterinary Inspection, issued by a licensed, accredited veterinarian, and a telephone entry permit number requested by the licensed, accredited veterinarian signing the certificate and issued by the State Veterinarian before movement. One (1) of the following statements shall appear on the certificate:

(1) "All cervids identified on this certificate originate from a herd in which all cervids have been kept for at least three (3) years or into which they were born. There has been no exposure to or additions from any other source in the past three (3) years. There have been no diagnoses, signs, or epidemiological evidence of CWD in this state for the past five (5) years. Records and causes of death for the past three (3) years in the herd of origin are available to the animal health official of the state of origin";

(2) "All cervids identified on this certificate originate from a herd which has been determined to have a minimum of a three (3) year monitored status by the animal health official of the State of Kentucky"; or

(3) "All cervids identified on this certificate originate from a herd meeting requirements for a certified CWD herd status as determined by the State Veterinarian.

Section 16. For cervid herds in existence prior to the effective date of this administrative regulation, eligibility for closed herd status shall commence on the date of the last import into the herd or the last herd mortality not tested for CWD, whichever occurs last.

Section 17. KDFWR Cervid Permitted Shooting/Hunting Preserves. (1) A shooting/hunting preserve shall be enrolled in an official CWD monitoring program. The CWD monitoring program requirements shall include:

(a) An annual statistical herd census;

(b) All additions to the shooting/hunting preserve shall originate from a three (3) year or greater CCWDSI Program cervid herd; and

(2) A CWD surveillance program shall be established that will give a 99/1 surveillance probability that CWD does not exist within the preserve’s cervid population.

(a) A 99/1 surveillance program shall be established for the hunter kill removal of animals from the shooting/hunting preserve or may be documented by the preserve owner kill of animals or by a combination of both.

(b) The preserve owners shall be responsible for documenting cervid removal and for the collection of brain tissue or retropharyangeal lymphoid tissue.

1. Date cervid removed;

2. Age and sex of cervid;

3. Cervid identification in accordance with 9 CFR Part 77.20;

4. Approved personnel designated for the collection of tissue sample. Approved personnel shall be trained by Animal Plant Health Inspection Service in the identification and proper removal of tissue. Approved personnel shall submit documentation of training to the Office of the State Veterinarian;

5. Tissue collection date and type of tissue collected;

6. Laboratory responsible for testing and date of submission; and

7. Laboratory CWD report.

(d) All records shall be made available to an agent of the State Board of Agriculture upon request.

(e) Purchased additions shall comply with 302 KAR 20:065 and 302 KAR 20:040 before entry into shooting/hunting preserves.

Section 18. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) "Cervid Chronic Wasting Disease Surveillance Identification (CCWDSI) Herd Monitoring Program Application Packet, 8/14/02"; and

(b) "Cervid Chronic Wasting Disease Surveillance Identification (CCWDSI) Herd Monitoring Annual Census Report, 8/14/02".

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Department of Agriculture, Division of Animal Health, 100 Fair Oaks Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (29 Ky.R. 839; Am. 1768; eff. 1-16-2003.)