302 KAR 20:070. Stockyards.

 

      RELATES TO: KRS Chapter 257

      STATUTORY AUTHORITY: KRS 257.020, 257.030

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.020(3) requires the Board of Agriculture to prevent, control, and eradicate any communicable disease of livestock. KRS 257.030(4) authorizes the board to promulgate administrative regulations necessary to administer any provision of KRS Chapter 257. This administrative regulation establishes sanitary requirements and operational procedures for all stockyards relative to disease control.

 

      Section 1. Operating Sale Requirements. (1) The owner or manager operating a stockyard shall arrange for an accredited, licensed veterinarian, approved by the Board of Agriculture, to be available to carry out the provisions of this administrative regulation.

      (a) A licensed, accredited veterinarian seeking approval by the board to be designated as an official market veterinarian shall make application and state that he shall comply with this and all associated administrative regulations relative to the responsibilities of the position.

      (b) The official market veterinarian shall be responsible to replace himself with another veterinarian, approved by the board, if he finds it necessary to be absent from the market.

      (c) The official market veterinarian shall not resign his duties without written notice to the sale company and the state veterinarian's office at least ten (10) days prior to resignation.

      (d) The failure or neglect to properly perform any of the responsibilities and duties of the official market veterinarian shall be cause for termination.

      (2) The person operating a stockyard shall provide separate pens for isolating animals classed as reactors to brucellosis or any contagious, infectious, or communicable disease. The pens shall be permanently identified as "bangs" and isolation pens and the words shall be spelled out on the pen gates. The pens shall be constructed so as to facilitate easy cleaning and disinfecting after each use. The pens shall have concrete floors and complete walls with no fences or gates to permit contact with adjacent animals. Any watering troughs or feed bunks in the "bangs" and isolation pens shall be located so that no other livestock in the market can access them at any time. All diseased animals shall be yarded in the "bangs" and isolation pens and shall be sold last. The animals shall be identified as reactors or diseased animals on the invoices of both the buyer and the seller. The "bangs" and isolation pens shall not be used at any time except for known brucellosis or other contagious, infectious, or communicable disease reactors, suspects, or diseased animals. The classified animals shall move directly to a recognized slaughter establishment. Temporary "bangs" and isolation pens may be used if necessary and if prior approval for the use of the pens has been obtained from an agent of the State Board of Agriculture. Temporary pens shall be identified as "bangs" and isolation pens as provided in this section.

      (3) The owner operating a stockyard shall provide adequate space, utilities, hot water and assistance for the market veterinarian to officially carry out the provisions of this administrative regulation. All licensed Kentucky livestock markets shall provide the following requirements for the market's testing laboratory. The laboratory shall:

      (a) Be constructed and equipped so as to be maintained at room temperature (normal working temperature) in both summer and winter (i.e., heaters and air conditioners);

      (b) Contain a sink with hot and cold running water;

      (c) Be equipped with a refrigerator in good working condition;

      (d) Be constructed so that the market veterinarian shall have sufficient space and privacy to conduct the required tests and fill out the associated records and forms;

      (e) Be constructed so that it can be kept clean easily and locked at all times if not in use;

      (f) Contain a work counter and sufficient shelf space, cabinets with locks, and storage space to keep forms, ear tags, and other supplies as required by the official market veterinarian in carrying out his duties;

      (g) Be supplied with adequate artificial light. The electrical wiring shall be adequate to carry at a minimum a centrifuge, electrical refrigerator, and cooling facility and have at least two (2) additional electrical outlets; and

      (h) Be located so as to be convenient for the veterinarian and the public while conducting his duties as the official market veterinarian.

      (4) The owner or operator shall furnish and maintain one (1) or more cattle chutes suitable for restraining animals for inspection of any infectious, contagious, or parasitic condition, testing, tagging, branding, and other procedures routinely required in providing livestock sanitary services and identification for movement at stockyards.

      (5) The owner or operator shall maintain records of the seller and purchaser of all livestock for one (1) year. These records shall be made available to Department of Agriculture representatives for inspection upon request during regular business hours.

      (6) The owner or operator shall provide adequate facilities and service, at a reasonable cost, if not available at or near the yards, for cleaning and disinfecting cars, trucks, or other vehicles which have transported to the stockyards animals known to be infected with or exposed to a contagious, infectious, communicable, or parasitic disease. Cleaning and disinfection shall be performed according to 9 CFR 71.10, 71.11, and 71.12, and at the direction and under the supervision of the Department of Agriculture.

 

      Section 2. General Requirements. (1) All stockyards shall be maintained in a workable and acceptable sanitary condition as established by state and federal regulatory agencies. Stockyards shall be inspected as required by a representative of the board.

      (2) After an occurrence of any infectious, contagious, parasitic, or communicable disease of livestock in a stockyard, exposed facilities capable of transmitting disease shall be cleaned and disinfected according to 9 CFR 71.10, 71.11, and 71.12, and at the direction and under the supervision of the Department of Agriculture.

      (3) Livestock found to be infected and showing clinical or diagnostic symptoms of an infectious, contagious, parasitic, or communicable disease shall, upon recommendation of the market veterinarian or authorized representative of the chief livestock health official, be quarantined in an isolated portion of the yards for treatment, additional diagnostic laboratory procedures, disposition to slaughter, or other disposition pursuant to accepted methods of disease prevention and control.

      (4) All livestock originating from a quarantined herd or premises shall be sold under permit for immediate slaughter.

      (5) Exposed animals and reactor animals shall be identified as described in 9 CFR 78.7 and 78.8.

      (6) Female bovine breeding animals sold through a Kentucky livestock market that are returned to a Kentucky farm shall be identified as to farm of origin.

      (7) The Kentucky Department of Agriculture shall not be responsible for a test result that is conducted at a market. All animals positive to a test for a disease shall revert to the consignor.

 

      Section 3. Veterinary Compensation. Market veterinarians shall receive for any services rendered a fee that has been agreed on by the stockyard operators and the accredited veterinarians. The fees shall be deducted from the seller's check or added to the buyer's check, depending upon conditions of sale, and shall be paid to the market veterinarian.

 

      Section 4. Veterinary Duties. (1) The market veterinarian shall perform the following described duties in cooperation with representatives of the department. The market veterinarian shall:

      (a) Be available to inspect livestock to clarify the health status of the animals and to qualify the animals for interstate movement;

      (b) Collect blood and tissue samples and submit samples to a state-federal approved laboratory to qualify animals to move intra/interstate if required;

      (c) Be available to conduct a visual inspection of livestock for clinical signs of a contagious, infectious, or communicable disease;

      (d) Compile and present required reports;

      (e) Report the presence of any animal showing symptoms suggestive of a "reportable" disease or any other disease that may cause animals to become infected or exposed to a communicable livestock disease;

      (f) Forward copies of all forms to the Office of the State Veterinarian. All official forms, certificates, or documents shall be dated and signed by the official market veterinarian only when they are issued. An official document shall not be presigned by the market veterinarian under any circumstance. The use of any official stamp by persons other than the approved market veterinarian, state livestock inspector, or federal employee shall be prohibited;

      (g) Be available to allow buyers to qualify livestock for interstate movement; and

      (h) Use, if collecting blood, separate bleeding needles and syringes for each animal. The veterinarian shall follow accepted standards to prevent the transmission of infectious agents to livestock.

      (2) All cattle shall meet the requirements of the state of destination. Livestock moving from a Kentucky livestock market shall be accompanied by a bill of lading or by other official documentation that may be required to meet intra/interstate movement.

 

      Section 5. Cattle, Bison, and Goat Requirements. (1) General requirements. Breeding classified cattle, bison, and goats originating from an out of state livestock market shall be accompanied on entry into the state by a Certificate of Veterinary Inspection. The certificate shall document individual animal official identification, permit, age, breed, and sex. Cattle, bison, and goats designated as feeder or slaughter animals shall be accompanied on entry by a weigh bill or bill of lading. The weigh bill or bill of lading shall document the permit number, if required, of animals being shipped, where the animals were purchased, and the immediate destination of the animals.

      (2) Tuberculosis. Cattle, bison, and goats.

      (a) Cattle, bison, and goats originating from a tuberculosis accredited free state or zone may be moved interstate and intrastate without restriction.

      (b) Cattle, bison, and goats originating from a modified accredited advanced state or zone, and that are not known to be infected with or exposed to tuberculosis, may be moved interstate only under one (1) of the following conditions:

      1. The cattle, bison, and goats are moved directly to slaughter at an approved slaughtering establishment.

      2. The cattle, bison and goats are sexually intact and moved to an approved feedlot, or are steers, spayed heifers or wethers, and are either officially identified or identified by premises of origin identification.

      3. The cattle, bison, and goats originate from an accredited herd and are accompanied by a certificate stating that the accredited herd completed the testing necessary for accredited status with negative results within one (1) year prior to the date of movement.

      4. The cattle, bison, or goats are sexually-intact animals; are not from an accredited herd; are officially identified; and are accompanied by a certificate stating that they were negative to an official tuberculin test conducted within sixty (60) days prior to the date of movement.

      (c) Cattle, bison, or goats that originate from a modified accredited state or zone, and that are not known to be infected with or exposed to tuberculosis, may be moved interstate only under one (1) of the following conditions:

      1. The cattle, bison, or goats are moved directly to slaughter at an approved slaughtering establishment.

      2. The cattle, bison, or goats are sexually intact and moved to an approved feedlot, or are steers, spayed heifers or wethers and are either officially identified or identified by premises of origin identification, and are accompanied by a certificate stating that they were classified negative to an official tuberculin test conducted within sixty (60) days prior to the date of movement.

      3. The cattle, bison, or goats are from an accredited herd and are accompanied by a certificate stating that the accredited herd completed the testing necessary for accredited status with negative results within one (1) year prior to the date of movement.

      4. The cattle, bison, or goats are sexually-intact animals; are not from an accredited herd; are officially identified; and are accompanied by a certificate stating that the herd from which they originated was negative to a whole herd test conducted within one (1) year prior to the date of movement and that the individual animals to be moved were negative to an additional official tuberculin test conducted within sixty (60) days prior to the date of movement, except that the additional test is not required if the animals are moved interstate within six (6) months following the whole herd test.

      (d) Cattle, bison, or goats originating from an accreditation preparatory state or zone, and that are not known to be infected with or exposed to tuberculosis, may be moved interstate only under one (1) of the following conditions:

      1. The cattle, bison, or goats are moved directly to slaughter at an approved slaughtering establishment.

      2. The cattle, bison, or goats are sexually intact and moved to an approved feedlot, or are steers, spayed heifers or wethers; are officially identified or identified by a premises of origin identification; and are accompanied by a certificate stating that the herd from which they originated was negative to a whole herd test conducted within one (1) year prior to the date of movement and that the individual animals to be moved were negative to an additional official tuberculin test conducted within sixty (60) days prior to the date of movement, except that the additional test is not required if the animals are moved interstate within six (6) months following

the whole herd test.

      3. The cattle, bison, or goats are from an accredited herd; are officially identified; and are accompanied by a certificate stating that the accredited herd completed the testing necessary for accredited status with negative results within one (1) year prior to the date of movement and that the animals to be moved were negative to an official tuberculin test conducted within sixty (60) days prior to the date of movement.

      4. The cattle, bison, or goats are sexually-intact animals; are not from an accredited herd; are officially identified; and are accompanied by a certificate stating that the herd from which they originated was negative to a whole herd test conducted within one (1) year prior to the date of movement and that the individual animals to be moved were negative to two (2) additional official tuberculin tests conducted at least sixty (60) days apart and no more than six (6) months apart, with the second test conducted within sixty (60) days prior to the date of movement, except that the second additional test is not required if the animals are moved interstate within six (6) months following the whole herd test.

      (e) Cattle, bison, and goats originating from a nonaccredited state or zone are not eligible for entry into Kentucky.

      (3) Brucellosis.

      (a) A test shall not be required for cattle, bison, and goats originating from a certified brucellosis-free state or from a certified brucellosis-free herd.

      (b) Cattle, bison, and goats originating from an out-of-state livestock market shall be accompanied by a Certificate of Veterinary Inspection. For breeding animals, the Certificate of Veterinary Inspection shall document individual animal official identification, permit number, age, breed, and sex.

      (c) Cattle, bison, and goats originating from a brucellosis "A" classified state or from a certified brucellosis-free herd.

      1. All test eligible cattle, bison, and goats entering a Kentucky market shall have a negative brucellosis test within thirty (30) days of entry or shall originate directly from a certified brucellosis-free herd.

      2. Official vaccinates of dairy breeds twenty (20) months of age and older and official vaccinates of beef cattle breeds twenty-four (24) months of age and older shall be test eligible.

      3. Breeding animals twelve (12) months of age and older, not calfhood vaccinated, shall be test eligible.

      4. Heavy springers and cows postpartum shall be required to test, regardless of age.

      (d) Back tagged cattle.

      1. All mature cattle eighteen (18) months or older, as indicated by the presence of the first pair of permanent incisor teeth, except steers and spayed heifers, consigned to any stockyard, shall be back tagged in a routine manner prescribed by 9 CFR 78.1 and 78.8.

      2. Back tags placed on slaughter cattle shall not be removed at any time or by any person except only under specific instructions from the chief livestock health official.

      3. Materials for the back tagging program shall be furnished by the department or Animal and Plant Health Inspection Service, Veterinary Services, United States Department of Agriculture.

      (e) Open heifers less than eighteen (18) months of age originating from a brucellosis "A" classified state designated for feeding purposes shall not be required to be brucellosis tested. Diversion of "feeder" heifers for use as breeding animals without meeting applicable test requirement shall be a violation of this administrative regulation.

 

      Section 6. Swine Requirements. (1) Breeding swine.

      (a) Breeding swine originating from a validated brucellosis-free state and a Stage V qualified pseudorabies state may be sold through an all class swine market if the swine can be identified as moving immediately and directly from a farm of origin.

      (b) Breeding swine originating from a Stage IV pseudorabies classified state or less shall not be sold at an approved all class swine market.

      (c) Breeding swine not originating from a certified brucellosis-free state shall not be sold through an approved all class swine market.

      (d) Eligible breeding swine sold through an approved all class swine market shall be penned separate and apart from all other swine in the market.

      (e) Testing of breeding swine at a stockyard shall be prohibited.

      (2) Feeder pigs.

      (a) Feeder pigs originating from a Stage IV or Stage V state may enter a stockyard on the state pseudorabies classification, but shall move directly from a farm of origin to a market.

      (b) Feeder pigs originating from a state with a pseudorabies classification of Stage III or less shall be in compliance with 302 KAR 20:210, Pseudorabies surveillance.

      (c) Feeder pigs on entry into a market shall be identified as to premise of origin by an official premise tattoo or by an official state/federal ear tag.

      (3) Livestock markets, buying stations, and concentration points approved to handle all classes of swine.

      (a) General provisions.

      1. Swine moving interstate from markets shall be in compliance with 9 CFR Part 76, including health certification or other stockyard-approved documents issued by the accredited veterinarian.

      2. Slaughter swine leaving premises to be consigned only for immediate slaughter to a recognized slaughtering establishment approved for this purpose in accordance with federal and state regulations.

      (b) All class swine markets shall:

      1. Maintain well-constructed pens and swine- handling facilities that are clean and in good repair;

      2. Provide pens surfaced with impervious material for holding and handling all swine;

      3. Provide satisfactory, well-lighted facilities for inspection and proper restraint;

      4. Clean and disinfect holding and handling pens, alleys, and other facilities used in selling swine. Handling and holding pens and alleys shall be cleaned and disinfected after being used by each lot of swine. Procedures for cleaning and disinfecting shall be performed according to 9 CFR 71.10, 71.11, and 71.12, and at the direction and under the supervision of the Department of Agriculture;

      5. Maintain records of origin and destination for all swine entering market and grant federal and state inspectors access to the records. Identification as to farm where farrowed shall be maintained for all feeder pigs and breeding stock and all slaughter swine which may be diverted for purposes other than slaughter. Records shall be maintained for one (1) year;

      6. Place feeding and breeding swine in pens separate and apart from slaughter swine. All swine designated for slaughter shall be delivered directly to an approved slaughter establishment with no diversion en route, except if movement is in compliance with subsection (5) of this section;

      7. Not permit cull pigs to enter market unless provisions are made to pen such pigs separate and apart from all other swine so contact with healthy swine does not occur. Facilities used by these swine shall not be used by other swine until cleaning and disinfecting have been accomplished. Further, cull swine shall be permanently identified by an ear tag in the right ear, and quarantined directly to slaughter or quarantined back to the premises of origin;

      8. Not permit garbage fed swine to enter market unless provisions are made to handle and pen such swine separate and apart from all other swine to avoid contact with other swine;

      9. Not permit swine to be moved from the market unless the market veterinarian or a state/federal inspector releases such swine;

      10. Require all buyers of swine to determine the purpose of their movement. If for slaughter and there is any reason to believe the swine might be diverted (underweight swine, thin sows, etc.) the inspector may require that the swine be identified by ear tag and consigned to slaughter on a special permit. Further, any swine with which these swine mingle shall cause the entire lot to be ineligible for movement except to slaughter;

      11. Not permit feeder pigs or breeding swine to remain in the market more than seventy-two (72) hours; and

      12. Not allow feeding or breeding swine in any market for resale within twenty-eight (28) days from the prior sale date.

      (4) Livestock markets, buying stations, and concentration points approved to handle slaughter swine only.

      (a) General provisions.

      1. Swine moving interstate shall be in compliance with 9 CFR Part 76 and 302 KAR 20:210 and 302 KAR 20:220.

      2. Swine shall be accepted only for slaughter and swine shall not be permitted to leave market except for slaughter only.

      (b) Requirements for slaughter swine markets shall:

      1. Maintain well-constructed pens and swine- handling facilities that are clean and in good repair;

      2. Maintain records of origin and destination for all swine entering market and grant federal and state inspectors access to the records. Records shall be maintained one (1) year;

      3. Isolate all swine suspected of being affected with or exposed to an infectious disease, promptly notify the state or federal agency, and hold the swine in isolation pending instructions on disposition; and

      4. Clean and disinfect holding and handling pens, alleys, and other facilities used in selling swine according to 9 CFR 71.10, 71.11, and 71.12, and under the direction and supervision of the Department of Agriculture.

      (5) Swine slaughter class: farm slaughter only.

      (a) The number of swine purchased for farm slaughter for family consumption only shall not exceed six (6) head of animals per premises within twelve (12) months.

      (b) Swine shall not be commingled with other swine on the purchaser's premises. The purchaser shall notify swine producers within a two (2) mile radius of purchaser's premises, on which the swine shall be quarantined, that swine have been purchased for farm slaughter. Any objection by a swine producer within a two (2) mile radius during the thirty (30) day quarantine period shall be evaluated by the state veterinarian. The state veterinarian shall determine if there is reason to order the quarantine swine slaughtered within seventy-two (72) hours of receipt of the complaint.

      (c) Slaughter class of swine purchased from a state-federal stockyard approved to handle all classes of swine shall comply with the following:

      1. All swine shall be identified with an official slaughter ear tag and shall have a secondary identification via a flop tag. The purchaser shall be responsible for identifying the swine prior to release of the swine from the stockyard.

      2. The Kentucky Department of Agriculture shall supply tags and equipment for identifying swine.

      3. A thirty (30) day quarantine to the purchaser's premises shall be issued by state-federal personnel. Quarantine shall serve as a release from the stockyard and shall accompany the movement of the swine.

      4. All swine shall be slaughtered within thirty (30) days of purchase.

      5. The owner shall document the date of slaughter, place of slaughter, or state and federal slaughter establishment.

      (d) Slaughter class of swine for home consumption may be purchased from a state and federal stockyard approved to handle slaughter swine only, but shall move directly to a state and federal approved slaughter establishment. The movement of slaughter swine shall comply with the following:

      1. All swine shall be identified with an official slaughter swine ear tag. The purchaser shall be responsible for identifying the swine prior to release of the swine from the stockyard.

      2. All swine shall move with an official release issued by state and federal personnel or by the market veterinarian.

      3. The owner shall document slaughter of animals within seven (7) days of purchase.

 

      Section 7. Sheep Requirements. (1) The sheep requirements prescribed in 302 KAR 20:040 shall be followed.

      (2) Before the beginning of a sale all sheep to be sold for breeding purposes shall be inspected for evidence of an infectious, contagious, or parasitic disease and shall be separated from all other sheep.

      (3) All sheep that are consigned as individuals or as part of an assembled group that show evidence of an infectious, contagious, communicable, or parasitic disease shall be sold for immediate slaughter or otherwise disposed of under permit issued by the chief livestock health official.

 

      Section 8. Horse Requirements. All horses offered for sale shall be in compliance with 302 KAR 20:065. (Agr: Ls. D. 35-4; 1 Ky.R. 742; eff. 5-14-75; Am. 2 Ky.R. 283; eff. 2-4-76; 3 Ky.R. 153; eff. 11-3-76; 654; eff. 6-1-77; 4 Ky.R. 58; eff. 11-2-77; 7 Ky.R. 22; eff. 9-3-80; 11 Ky.R. 1650; eff. 6-4-85; 14 Ky.R. 858; eff. 12-11-87; 1942; eff. 5-9-88; 21 Ky.R. 1930; 2491; eff. 4-6-95; 28 Ky.R. 684; 1615; eff. 1-14-2002.)