††††† RELATES TO: KRS 257.070, 9 C.F.R. 93.301
††††† STATUTORY AUTHORITY: KRS 257.030, 257.070
††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.070 requires that importation of animals into Kentucky complies with administrative regulations promulgated by the board. KRS 257.030 authorizes the board to establish necessary quarantines and other measures to control the movement of livestock into, through, or within Kentucky. This administrative regulation establishes a technique for the treatment of a stallion imported into Kentucky from a country listed in 9 C.F.R. 93.301 as a country affected by contagious equine metritis (CEM).
††††† Section 1. Definitions. (1) "Application to import" means a request to import a horse or horses to a single specific farm or quarantine facility that includes submission of the Import Stallion Agreement Form upon importation of the horse.
††††† (2) "Approved veterinarian" means a licensed veterinarian who is accredited to do regulatory work by the United States Department of Agriculture and who has physically demonstrated proper swabbing and sampling methods to a representative of the Office of the State Veterinarian.
††††† (3) "Breeding" or "bred" means the natural covering of a mare.
††††† (4) "CEM" means contagious equine metritis.
††††† (5) "CF test" means a complement-fixation test on equine serum for the detection of antibodies to the contagious equine metritis bacterium.
††††† (6) "Set of swabs" means:
††††† (a) For a female equine, a swab obtained from the clitoral sinus and clitoral fossa; and
††††† (b) For an intact male equine, a swab obtained from the prepuce, the urethral sinus, and the fossa glandis, including the diverticulum of the fossa glandis.
††††† (7) "Stallion" means a male horse, other than a gelding, over 731 days of age.
††††† Section 2. A stallion imported into Kentucky from a country identified or classified by the United States Department of Agriculture to be affected with Contagious Equine Metritis, and which imports into the United States and Kentucky via a breeding permit issued by USDA shall be quarantined by the Kentucky Department of Agriculture until all testing for CEM required in 9 C.F.R. 93.300-93.326 is complied with and it is determined the stallion is free of the disease causing organism.
††††† Section 3. Stallions, other than those addressed in Section 2 of this administrative regulation, imported from any country outside the continental United States, its territories, possessions, or Canada shall, before breeding in Kentucky, be treated by or under the direct supervision of a Kentucky approved veterinarian who is approved by the Kentucky Department of Agriculture according to the procedures established in this section.
††††† (1) The stallionís management and approved veterinarian shall complete the Import Stallion Agreement Form and CEM Imported Stallion Worksheet Form.
††††† (2) The premises shall be inspected by a representative of the Office of the State Veterinarian and USDA Veterinary Services Guidance 13406.1 shall be completed at the time of inspection and signed by the farm manager.
††††† (3) While wearing disposable gloves and using disposable equipment, the approved veterinarian shall collect one (1) set of swabs from the stallion to be cultured for CEM.
††††† (4) The stallion shall be bred to two (2) test mares that have been qualified as CEM free. The test mares shall qualify as CEM free if:
††††† (a) They test negative to a CF test; and
††††† (b) If three (3) sets of swabs taken from the mares during a twelve (12) day period with a minimal of seventy-two (72) hours lapsing between each set being collected are culture negative for the CEM bacterium.
††††† (5) After being bred by the stallion, a set of swabs shall be collected from the test mares on the third, sixth, and ninth days after breeding.
††††† (6) The test mares shall have a CF test conducted fifteen (15) days after breeding.
††††† (7) With the stallion in full erection, the approved veterinarian shall, for five (5) consecutive days, wash and clean (scrub) with a solution of not less than two (2) percent chlorhexidine in a detergent base, the prepuce, urethral sinus, and fossa glandis, including the diverticulum of the fossa glandis. The external genitalia, the prepuce, urethral sinus, and fossa glandis, including the diverticulum of the fossa glandis, shall then be filled and covered with an antibiotic ointment that is effective against the CEM organism and which is approved by the USDA and the Kentucky State Veterinarian.
††††† (8) All tests and cultures required by this section shall be conducted at a laboratory approved by the USDA's National Veterinary Services Laboratory and the Kentucky State Veterinarian. A list of approved laboratories may be found at http://www.aphis.usda.gov/animal health/lab info services/downloads/Approvedlabs CEM.pdf. If all required specimens taken from the test mares and stallion are test negative and culture negative for the CEM bacterium, the stallion and the test mares may be released from quarantine.
††††† Section 4. User fees shall be assessed for an equine import. (1)(a) An import broker making application to import a stallion into Kentucky for completion of a CEM quarantine shall be assessed and pay a fee for the processing, implementation, and monitoring of the quarantine.
††††† (b) If multiple destinations are declared for animals to be quarantined, each listed destination shall constitute a separate application.
††††† (2) An application processing and premise inspection fee of $100 shall be assessed for each application received to import horses into Kentucky for completion of the prescribed CEM quarantine and testing.
††††† (3) Upon receipt of the stallion at the quarantine facility the broker shall be assessed a fee of $260 per individual stallion for the receipt, inspection, quarantine, test breeding, and monitoring of the stallion and test mares to establish the animal's disease status during the quarantine period.
††††† (4) An import broker shall pay a fee for each shipment of stallions which arrive at a Kentucky quarantine destination on weekends, state-recognized holidays, and between the hours of 5:01 p.m. and 6:59 a.m.
††††† (a) For weekends and between the hours of 5:01 p.m. and 6:59 a.m., the assessed fee shall be sixty (60) dollars per hour with a minimum of two (2) hours time charged including the travel time of KDA employees.
††††† (b) For state-recognized holidays, the assessed fee shall be $120 per hour with a minimum of two (2) hours time charged. The holiday fee shall apply to all stallions received during the holiday period which runs from the close of business on the last scheduled work day preceding the holiday, through the start of business on the next scheduled work day following the holiday including the travel time of KDA employees.
††††† (5) The broker shall pay the assessed fees by check. The check shall be made payable to the Kentucky State Treasurer and mailed to the Kentucky Department of Agriculture, Office of State Veterinarian within ninety-six (96) hours of receipt of the charges.
††††† (6) Failure to comply with the user fee schedule may result in an application for importation to be delayed or denied.
††††† Section 5. Incorporation by Reference. (1) The following material is incorporated by reference:
††††† (a) "Import Stallion Agreement Form", February 2015;
††††† (b) "CEM Imported Stallion Worksheet Form", February 2015; and
††††† (c) "USDA Veterinary Services Guidance 13406.1", 2/13/13.
††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Office of State Veterinarian, 109 Corporate Drive, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. The material is also available on the department Web site at www.kyagr.com. (8 Ky.R. 785; eff. 3-1-82; Am. 21 Ky.R. 1535; eff. 1-25-95; 23 Ky.R. 3405; 3758; eff. 5-14-97; 28 Ky.R. 2650; 29 Ky.R. 436; eff. 8-12-2002; 35 Ky.R. 1249; 1734; eff. 2-6-09; 41 Ky.R. 2030; 2219; eff. 6-5-2015.)