GENERAL GOVERNMENT CABINET
Department of Agriculture
Office of Consumer and Environmental Protection
Division of Environmental Services
(New Administrative Regulation)
RELATES TO: KRS 257.196, 525.130
STATUTORY AUTHORITY: KRS 257.196
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.196 requires the Board of Agriculture to promulgate administrative regulations establishing on-farm livestock and poultry care standards recommended to it by the Kentucky Livestock Care Standards Commission. This administrative regulation establishes additional standards and specifically authorized practices for poultry.
Section 1. The provisions of 302 KAR 21:020 apply to on-farm livestock and poultry in Kentucky, except as provided by this administrative regulation. This administrative regulation adds additional standards and specifically authorized practices to 302 KAR 21:020 for poultry.
Section 2. (1) Additional Standards.
(a) Stocking densities shall allow all poultry to rest or perch at the same time in a single layer.
(b) Ambulatory disabled and non-ambulatory disabled poultry that cannot reach feed or water shall be euthanized.
(2) Authorized Practices. The following shall be authorized practices:
(a) Non-feed withdrawal molt methods for layers and breeders;
(b) Trimming of the beak;
(c) The partial or complete removal of the comb, snood, toe nail;
(d) Withholding of feed or water in circumstances such as:
1. Preparation for administration of vaccines or medication in the water; or
2. Preparation for transportation; and
(e) Housing methods:
1. A caged egg production system in an enclosed or open-sided building having some openwork for confining poultry. Types of caged housing systems include conventional, belt-battery, enriched, and reverse;
2. A cage-free egg production system in an enclosed or open-sided building in which the poultry are free to move within the building. Types of cage-free housing systems include slat floor, litter floor, partial slat or litter floor, stretched wire floor, and aviary systems; and
3. A free-roam or free-range egg production system where poultry have access to the outside or range and are provided shelter.
(3) Euthanasia or Depopulation. Additional authorized euthanasia or depopulation methods for poultry shall include inhalants such as carbon dioxide, nitrogen or argon, manual cervical dislocation, tool-assisted cervical dislocation, gunshot, blunt force trauma, decapitation, non-penetrating captive bolt, electrocution, maceration, water based foam, and barbiturates.
JAMES R. COMER, Commissioner
APPROVED BY AGENCY: August 15, 2013
FILED WITH LRC: August 15, 2013 at noon
PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on September 25, 2013, at 1 p.m. at 107 Corporate Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by September 18, 2013, five working days prior to the hearing, of their intent to attend. If no notification of intent to attend is received by that date, the hearing may be cancelled. The hearing is open to the public. Any person who wishes to be heard will be given the opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through September 30, 2013. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Clint Quarles, Staff Attorney, Kentucky Department of Agriculture, 500 Mero Street, 7th Floor, Frankfort Kentucky 40601, phone (502) 564-1155, fax (502) 564-2133.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person: Clint Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does: This administrative regulation creates specific care standards for poultry.
(b) The necessity of this administrative regulation: This administrative regulation is necessary to comply with KRS 257.196 by establishing livestock and poultry care standards.
(c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation conforms with KRS 257.196 by establishing livestock and poultry care standards.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation is necessary to comply with KRS 257.196 by clearly establishing provisions for livestock and poultry care standards.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation: This is a new administrative regulation.
(b) The necessity of the amendment to the administrative regulation: This is a new administrative regulation.
(c) How this amendment conforms to the content of the authorizing statutes: This is a new administrative regulation.
(d) How will this amendment assist in the effective administration of the statutes: This is a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: More than 85,000 farms and all 120 counties potentially may be affected.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: Farm operations that include or may wish to include livestock and poultry will be required to be familiar with the minimum care standards. With the exception of a few isolated individual cases each year, the overwhelming number of the farmers in our state already comply with the care standards as normal production practices. County officials tasked with response to complaints would need to be familiar with the regulations to provide appropriate evaluations and responses.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The KDA believes that no additional costs will be incurred by the regulated individuals.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Minimum care standards implementation will help identify bad actors in the circumstances of violations.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially: No new additional costs.
(b) On a continuing basis: No additional costs.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The KDA does not anticipate the need for specific funding for the implementation of these regulations.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: No increase in fees or funding will be required for this amended regulation.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: No fee has been establish directly or indirectly through this amended regulation.
(9) TIERING: Is tiering applied? No. All regulated entities have the same requirements.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
1. What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Kentucky Department of Agriculture, Office of the State Veterinarian.
2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 257.196.
3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. No fiscal changes will occur.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? No fiscal changes will occur.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? No fiscal changes will occur.
(c) How much will it cost to administer this program for the first year? No changes in spending will occur.
(d) How much will it cost to administer this program for subsequent years? No changes in spending will occur.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.