257.010 DEFINITIONS FOR CHAPTER
As used in this chapter, unless the context requires otherwise:
(1) "Board" means the Board of Agriculture;
(2) "Commissioner" means the Commissioner of Agriculture;
(3) "Communicable disease" includes hog cholera, brucellosis, leptospirosis, anthrax, black leg, catarrhal influenza of cattle, contagious pleuro- pneumonia, foot and mouth disease or aphthous fever, glanders, hemorrhagic septicemia, maladie du coit or dourine, mange of cattle, necrobacillosis and foot rot in sheep, hydrophobia, rinderpest, scabies in cattle, Texas tick or southern cattle fever, tuberculosis, equine viral arteritis, or any other disease proclaimed by the board to be of a transmissible character;
(4) "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;
(5) "Composting" means the biological decomposition of organic matter which inhibits pathogens;
(6) "Experiment station" means the agricultural experiment station;
(7) "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;
(8) "Livestock" means cattle, sheep, swine, deer and elk, whose regulatory requirements are under KRS Chapters 150 and 246, that are privately owned and raised in a confined area for breeding stock, food, fiber, and other products, goats, horses, or any other animals of the bovine, ovine, porcine, caprine, or equine species;
(9) "Owner" means any person owning or leasing from another, or having in charge any domestic animal;
(10) "Poultry" means all chickens, ducks, turkeys, or other domestic fowl being raised or kept on any premises in the Commonwealth for profit; and
(11) "Premises" means any portion of land, or any structure erected on land, and any vehicle or vessel used in the transportation of passengers, goods or animals.
257.020 DUTIES OF BOARD OF AGRICULTURE
The board shall:
(1) Enforce the provisions of this chapter;
(2) Adopt and enforce such measures as it deems necessary to improve and protect the livestock industry;
(3) Prevent, control and eradicate any communicable disease of livestock;
(4) Investigate the prevalence of communicable diseases in livestock upon receipt of reports of such diseases;
(5) Issue such literature as it deems necessary for public distribution;
(6) Give information and instruction to farmers and breeders and feeders of livestock, 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 livestock diseases.
257.030 POWERS OF BOARD
The board may:
(1) Cooperate with the experiment station in conducting the necessary scientific investigations relating to the cause, nature, prevention and treatment of communicable diseases in livestock;
(2) Establish, maintain and enforce such quarantine and other measures as it deems necessary in controlling the movement of livestock 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 such property and materials, as may be necessary in the eradication of disease;
(4) Adopt, issue and enforce such regulations as in its judgment may be 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; however, nothing in this section is intended to authorize the prohibition of, or sale or distribution, by a licensed pharmacist, of any serum, virus or other product used in the prevention or treatment of swine diseases that has been approved by the state board of agriculture.
(5) Employ necessary scientific, field, stenographic and clerical assistants and fix their salaries.
257.040 PLACES DISEASED ANIMALS PROHIBITED
No person who has in his possession any domestic animal infected with a communicable disease shall:
(1) Knowingly permit such an animal to run at large;
(2) Knowingly 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) Knowingly 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) Except upon a special permit from the board, ship, drive, haul, sell, offer for sale, trade or give away such an animal.
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, or conceal or attempt to conceal an animal infected with or exposed to a communicable disease.
257.060 IMPORTATION OF DISEASED ANIMALS; VIOLATION OF REGULATIONS; PROHIBITED
(1) No person, except a common carrier shall ship, drive, haul or in any other way bring into this state any animal that is infected with a communicable disease or that has within the previous thirty (30) days been exposed to a communicable disease, or shall in any way 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 domestic animal into this state in violation of law or regulations of the board.
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 be placed in quarantine and so held 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.
257.080 ANIMAL DISEASES TO BE REPORTED
(1) Every veterinarian, owner or person having knowledge of the existence of any communicable disease of livestock within the state shall immediately report the disease to the county livestock inspector of the county in which the disease exists, or to the state veterinarian.
(2) This report shall be in writing and shall include a description of the animal, the name and exact post office address of the owner, the location of the animal, the number of susceptible animals exposed to the disease and the number of animals that have died of the disease.
257.100 DESTRUCTION OF SUFFERING, ABANDONED OR HOPELESSLY DISEASED ANIMAL; "ABANDONED" DEFINED
(1) Any peace officer or any officer of the accredited humane society or society for the prevention of cruelty to animals 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, dog pound or animal shelter or disposed of as such custodian may deem proper.
(b) The giving of notice to the owner, or the agent of the owner of such animal by the licensed veterinarian, as provided herein shall relieve the licensed veterinarian and any custodian to whom such animal may be given of any further liability for disposal.
(4) For the purpose of this section, the term "abandon" shall mean 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. Such abandonment shall constitute the relinquishment of all rights and claims by the owner to such animal.
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 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.
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.
257.120 INDEMNITY FOR DESTRUCTION OR SLAUGHTER OF ANIMAL
(1) Indemnities shall be paid by the state or federal government for animals destroyed or slaughtered on account of a communicable disease, foot and mouth disease, glanders, contagious pleuro-pneumonia, bovine tuberculosis, Bang's disease, or maladie du coit or dourine, or a disease for which the United States government pays the amounts specified by the state and federal cooperative agreement.
(2) Indemnity for Bang's reactors or exposed animals, if indemnity is available, shall be paid by the state or federal government in accordance with amounts specified by the state and federal cooperative agreement.
(3) No 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 aphthous fever or foot and mouth disease, dourine, glanders or contagious pleuro-pneumonia.
(4) 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.
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 for the destruction or slaughter and the payment of indemnities for animals.
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.
257.150 PAYMENT OF STATE INDEMNITY
After disinfection has been completed and the carcass has been disposed of, 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.
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 those destroyed on account of tuberculosis and slaughtered under the supervision of 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 subsection (a) to (f) of this section; 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), 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.
257.170 LOADING OF CARCASSES WITH LIVE ANIMALS PROHIBITED
Carcasses of animals shall not under any circumstances be loaded in cars, crates, boats, wagons or other vehicles containing live animals, except on special permit from the state veterinarian.
257.210 STATE VETERINARIAN
(1) The board shall appoint the state veterinarian.
(2) The state veterinarian shall be a resident of this state and a licensed graduate veterinarian who has practiced veterinary medicine continuously in this state for five (5) years prior to his appointment.
(3) The state veterinarian shall serve for a term of four (4) years and until his successor has been appointed and has qualified.
(4) He 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 at the state capital.
257.230 FUNCTIONS OF STATE VETERINARIAN
The state veterinarian shall be the chief executive agent of the board, shall execute and enforce the regulations of the board and, under the direction of the board, shall supervise and control the action of all deputies, inspectors, agents and specialists employed by the board. He shall devote his entire time to the duties of his office. He shall recommend from time to time such changes in the regulations of the board, as he deems necessary, and do all other things necessary and proper for the successful enforcement of this chapter.
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) He shall hold office for a term of four (4) years and until his successor has been elected and qualified. He shall be subject to removal from office by the board at any time for cause.
(3) He shall be a resident of this state, and a licensed graduate veterinarian who has practiced veterinary medicine continuously within this state for a period of three (3) years prior to his appointment.
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.
257.260 STATE LIVESTOCK INSPECTOR
The board may appoint in writing any veterinary inspector or other employee of the bureau of animal industry of the United States department of agriculture as state livestock inspector, who shall have the same power as the county livestock inspector or other representative of the board, and shall be at all times subject to the orders of the board. He shall report his actions to the board, but no veterinary inspector or other employee of the bureau of animal industry shall receive any compensation for his services from the state or any subdivision of the state.
257.270 BOARD MAY EMPLOY VETERINARIANS
The board may employ veterinarians for the purpose of carrying out the provisions of this chapter.
257.300 BOARD MAY COOPERATE WITH OTHER AGENCIES
The board may cooperate with the bureau of animal industry of the United States department of agriculture and with officials in charge of livestock sanitation in other states, or with any other agency that, in the opinion of the board, is for the best interests of the livestock industry, in maintaining interstate quarantine and in the prevention, control and eradication of any communicable disease in livestock.
Amended in 2002.
Reviewed by AAHS in December 2001.
Reviewed and updated by AAHS in May 2003.
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