RELATES TO:
KRS
246.030,
257.020,
257.030,
257.080,
9
C.F.R. 161.1 -
161.4
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
257.020 requires the Board of Agriculture to
prevent, control, and eradicate any communicable disease of animals.
KRS
257.030(4) authorizes the
board to promulgate administrative regulations necessary to administer any
provision of KRS Chapter 257. This administrative regulation establishes
requirements for movement, importation, and exhibition of equine in
Kentucky.
Section 1. Definitions.
(1) "Accredited veterinarian" means a
veterinarian accredited by the USDA in accordance with the provisions of
9
C.F.R.
161.1 to
161.4.
(2) "Animal health authority" means the
person or entity holding the title of state veterinarian or chief livestock
official in any particular state or region.
(3) "Book" or "booking" means the contracting
or scheduling of a mare to breed to a stallion.
(4) "Breeding" or "bred" means the natural
covering of a mare.
(5) "CEM" means
contagious equine metritis.
(6)
"CEM infected stallion" means a stallion proven or believed to be a carrier of
the CEM organism.
(7) "Certificate
of Veterinary Inspection" or "CVI" means an official document approved by the
chief animal health authority of the state of origin or by USDA APHIS VS to
verify the completion of a veterinary inspection by a licensed and USDA
accredited veterinarian.
(8)
"Certificate of Veterinary Inspection Reconsignment Form" means an official
document, on a form approved by the animal health authority of the state of
origin, that is attached to a valid CVI for the movement of animals from a sale
to the buyer's premises.
(9) "CF
test" means a complement-fixation test on equine serum for the detection of
specific antibodies to the contagious equine metritis bacterium.
(10) "Cover" means the act of breeding a
stallion to a mare.
(11) "Directly"
means moved by a means of conveyance, without stopping to unload while en
route, except for stops of less than twenty four (24) hours to feed, water, or
rest the animals being moved, and with no commingling of animals at
stops.
(12) "EAV" means equine
arteritis virus, the organism that causes the disease equine viral
arteritis.
(13) "EIA" means equine
infectious anemia.
(14) "EVA" means
equine viral arteritis, which is a communicable disease in equines.
(15) "EVA sero-negative" means a horse has
reacted negatively to a blood test for EVA.
(16) "EVA sero-positive" means a horse has
demonstrated a positive reaction in serum neutralization with a titer of
greater than one (1) to four (4) to a blood test for EVA.
(17) "EVA vaccinated" or "vaccination" means
an equine has been vaccinated with an approved EVA modified live virus vaccine
and the vaccination status has been kept current in accordance with the
manufacturer's recommendations.
(18) "Exhibition" means a fair, show,
exposition, rodeo, competition, trail ride, or racing event, any presentation
that might result in a transfer of ownership, or any presentation for
sale.
(19) "High risk mare" means a
mare that is culture positive or complement-fixation (CF) positive after being
bred to an CEM Infected stallion before stallion was removed from service and
treated.
(20) "Interstate movement"
means movement from one (1) state into or through any other state.
(21) "Intrastate movement" means movement
solely within the boundaries of the Commonwealth of Kentucky.
(22) "Kentucky approved veterinarian" or
"KAV" means a licensed veterinarian who is accredited to do regulatory work by
the USDA and who has physically demonstrated proper swabbing and sampling
methods to a representative of the Office of the State Veterinarian.
(23) "Location identification number" or
"LID" means a nationally unique number issued by a state, tribal, or federal
animal health authority to a location as determined by the state or tribe in
which it is issued. The LID number can be used in conjunction with a producer's
own unique livestock production numbering system to provide a nationally unique
and herd-unique identification number for an animal. It can also be used as a
component of a group or lot identification number (GIN).
(24) "Maiden mare" means a female equine over
731 days of age that has not been covered by a stallion.
(25) "Mare" means a female horse over 731
days of age.
(26) "Medium risk
mare" means a mare that is CF negative and culture negative but bred to an CEM
Infected stallion prior to treatment.
(27) "Move" means to carry, enter, import,
mail, ship, or transport; to aid, abet, cause or induce carrying, entering,
importing, mailing, shipping, or transporting; to offer to carry, enter,
import, mail, ship, or transport; to receive in order to carry, enter, import,
mail, ship, or transport; or to allow any of these activities.
(28) "National Uniform Eartagging System" or
"NUES" means a numbering system for the identification of individual animals in
the United States that provides a nationally unique identification number for
each animal.
(29) "Office of State
Veterinarian" or "OSV" means that section of the Kentucky Department of
Agriculture in
KRS
246.030.
(30) "Official eartag" means an
identification tag approved by APHIS that bears an official identification
number for individual animals. Beginning March 11, 2014, all official eartags
manufactured bear an official eartag shield. Beginning March 11, 2015, all
official eartags applied to animals must bear an official eartag shield. The
design, size, shape, color, and other characteristics of the official eartag
will depend on the needs of the users, subject to the approval of the USDA
administrator. The official eartag is be tamper-resistant and has a high
retention rate in the animal.
(31)
"Official identification number" or "OID" means a nationally unique number that
is permanently associated with an animal or group of animals and that adheres
to one (1) of the following systems:
(a)
National Uniform Eartagging System (NUES);
(b) Animal identification number
(AIN);
(c) Location-based number
system (LID);
(d) Any other
numbering system approved by the Administrator for the official identification
of animals, including a group identification number;
(e) The animal's breed association tattoo
registration number, or freeze brand number that uniquely identifies the
animal, if accompanied by the registration documents; or
(f) Tattoo.
(32) "Owner" is defined by
KRS
257.010(11) and means any
person owning or leasing from another, or having in charge any
equine.
(33) "Person" means any
individual, corporation, company, association, firm, partnership, society,
joint stock company, or other legal entity.
(34) "Premises identification number" or
"PIN" means a nationally unique number assigned by a state, tribal, or federal
animal health authority to a premises that is, in the judgment of the state,
tribal, or federal animal health authority, a geographically distinct location
from other premises. The PIN can be used in conjunction with a producer's own
livestock production numbering system to provide a nationally unique and
herd-unique identification number for an animal. It can be used as a component
of a group or lot identification number (GIN).
(35) "Radio Frequency Identification Device"
or "RFID" means a device electronically encoded with a unique identification
and that meets the applicable International Standards Organization (ISO)
standards.
(36) "Set of CEM 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.
(37) "Shedder" or "shedding" means an equine
has been determined to have EAV in its body and is capable of transmitting the
EAV to other equine.
(38)
"Stallion" means a male horse, other than a gelding, over 731 days of
age.
(39) "USDA" means the United
States Department of Agriculture.
(40) "USDA APHIS VS" means the USDA, Animal
Plant and Health Inspection Service, Veterinary Services.
Section 2. Certificate of Veterinary
Inspection.
(1) CVI Expiration Period.
(a) A CVI shall remain valid for thirty (30)
days after date of issuance, for all purposes except intrastate
exhibition.
(b) A CVI for
intrastate exhibition shall remain valid for the duration of the EIA test
certificate's validity, but shall not remain valid for more than one (1) year
from the date the CVI was issued.
(2) A CVI shall contain:
(a) Identification of each animal recorded on
the certificate;
(b) An official
identification (OID) for each equine;
(c) The species, breed, sex, and age of the
equine;
(d) The name and address of
the owner or agent shipping the animal;
(e) The location from which the animal is
loaded for movement;
(f) The name
and address of the person receiving the animal;
(g) The location at which the animal will be
received;
(h) The purpose of the
movement and the total number of animals;
(i) All blank spots for data are crossed out
by the accredited Veterinarian prior to signing;
(j) The import permit or movement number
issued by the OSV;
(k) The
following statement or one substantially similar: "I certify as an accredited
veterinarian that the above described animals have been inspected by me on this
date and that they are not showing signs of infection or communicable disease
(except if noted). The vaccinations and results of tests are as indicated on
the certificate. To the best of my knowledge, the animals listed on this
certificate meet the state of destination and federal interstate
requirements."; and
(l) The
signature, date of signature, and licensure number of the accredited
veterinarian.
(3) If the
accredited veterinarian uses a paper CVI.
(a)
The first physical page shall be mailed or otherwise delivered to the OSV
within seven (7) days of the date it is written.
(b) An exact replica image (a photocopy) of
the first page may be submitted in lieu of the first physical page.
(c) The second page shall physically
accompany the animal being moved and be readily accessible during the
movement.
(d) The third page shall
be sent to the Animal health authority in the state of destination within seven
(7) days of the date it is written.
(e) The fourth page shall be retained by the
issuing veterinarian for a period of at least five (5) years from the date of
issuance.
(f) A legible copy of any
supplemental pages shall have its identification on the CVI stapled to the
original and each copy of the CVI.
(g) Any equine listed on the CVI, but not
moved, shall be struck through and initialed.
(4) Electronically submitted CVI.
(a) A CVI or permit may be submitted via an
importable format as allowed by USAHA AHSIS Subcommittee on Data Standards
standard XML schema document.
(b)
Animals moving with an electronically submitted CVI shall be accompanied by a
paper copy or have the electronic material stored on a device that can be read
immediately upon request.
(5) CVI Reconsignment Form. Sale animals
purchased at a Kentucky sale venue may move to the buyer's destination with a
CVI Reconsignment Form attached to the original CVI for the sale if:
(a) The animal health authority in the state
of destination agrees to accept a reconsigned CVI;
(b) The animal shall reach its final
destination within thirty (30) days from the date stated on the original
CVI;
(c) The requirements of the
state of destination, including required test results, have been met and
denoted on the CVI Reconsignment Form; and
(d) The reconsigning veterinarian submits the
Reconsignee Certificate and a copy of the original CVI to the animal health
authority in the state of destination and to the OSV within seven (7) days of
the date of reconsignment, and meets the other requirements established in
subsection (3) of this section for paper submission or subsection (4) of this
section for electronic submission.
Section 3. Movement Permit.
(1) A permit for interstate movement into
Kentucky shall only be required during times of equine disease outbreaks, or
from areas where an outbreak has occurred. Persons wishing to move equine
interstate into Kentucky shall consult any applicable requirements as found on
the Web site at
www.kyagr.com.
Instructions and a permit, if required, may be obtained on the Web
site.
(2) Entry permit instructions
may be obtained by calling the OSV at 502-573-0282, Monday through Friday, 8
a.m. EST to 4:30 p.m. EST.
(3)
Required testing or vaccinations. All required tests and vaccinations shall be
performed by:
(a) A licensed and accredited
veterinarian;
(b) A representative
of the State Veterinarian; or
(c) A
representative of the USDA.
(4) Required tests shall be conducted at no
expense to the Commonwealth of Kentucky.
(5) Required laboratory tests shall be
conducted in a state-federal approved laboratory.
Section 4. Official Identification and Other
Acceptable Identification. Methods of official identification. The official
individual identification shall consist of a set of alphanumeric characters or
physical characteristics that shall be uniquely associated with an individual
equine as established in subsections (1) through (5) of this section. Required
information shall include:
(1) A written or
graphic description of an equine that uniquely identifies that equine and
includes the:
(a) Breed;
(b) Age;
(c) Color;
(d) Distinctive markings; and
(e) Gender and sexual status;
(2) An official breed association
tattoo, tag, or photograph;
(3) A
microchip that complies with ISO 11784/11785;
(4) A non-ISO electronic identification
injected to the equine on or before March 11, 2014; or
(5) An RFID, only one (1) of which shall be
placed on an animal, if the RFID:
(a) Uniquely
identifies the animal;
(b) Is
attached to or implanted in the animal; and
(c) Is registered to a PIN or to a
person.
Section
5. Premises of Origin Information.
(1) Premises of origin information shall be
provided about premises from which the equines were loaded.
(2) The premises of origin information of the
specific location the equines were loaded shall include:
(a) A PIN or LID issued by the USDA, OSV, or
the animal health authority in the state of origin or the physical address of
the location or origin; and
(b) The
equine owner at the time of movement and that owner's address and contact
information.
Section
6. Requirements for Interstate Movement into Kentucky. An equine
shall not enter Kentucky without having a valid CVI and either a Form VS 10-11,
or an EIA test form verifying negative EIA from a laboratory approved by the
USDA, within the past twelve (12) months; except if the equine:
(1) Has a valid Equine Interstate Event
Permit;
(2) Is an unweaned foal
accompanied by their dam, in which case, the foal shall be exempt from the EIA
test requirement or a VS 10-11;
(3)
Is directly moving to a Kentucky veterinary facility; or
(4) Is directly moving to an approved
Kentucky horse sale.
Section
7. Requirements for Movement within Kentucky.
(1) Equines moving intrastate for sale,
racing, change of ownership, exhibition, or into a public stable, fairgrounds,
or showgrounds shall comply with paragraphs (a) and (b) of this subsection.
(a) CVI or Equine Interstate Event Permit.
1. Equines moving intrastate shall be
accompanied by a valid CVI.
2. A
CVI for change of ownership or sale shall be valid for thirty (30) days from
the date of issuance.
3. A CVI for
intrastate exhibition shall remain valid for the duration of the EIA negative
test result certificate date, but shall not exceed one (1) year from the date
of CVI issuance.
4. An Equine
Interstate Event Permit issued within the previous twelve (12) months shall be
accepted in lieu of a CVI and EIA test report for exhibition
purposes.
5. A CVI or an Equine
Interstate Event Permit shall be void upon change of ownership.
(b) Equine Infectious Anemia (EIA)
test results.
1. Except for unweaned foals
accompanied by their dam, equines shall be negative to an USDA official test
for EIA within the previous twelve (12) months.
2. A copy of Form VS 10-11 or an EIA test
form verifying a negative EIA test result from a laboratory approved by the
USDA shall accompany the CVI. The laboratory accession number and date of test
shall be recorded on the CVI.
3.
Unweaned foals accompanied by their dam shall be exempt from EIA test
requirements.
(2) Equine exempt from intrastate movement
requirements.
(a) Equines moving farm-to-farm
with no change of ownership or to a veterinary facility shall not be required
to obtain a CVI or negative EIA test result.
(b) Equines moving directly to an approved
Kentucky horse sale shall meet the requirements established in section 17 of
this administrative regulation.
Section 8. Requirements for Movement for
Export from Kentucky. Equines being moved for export from Kentucky shall have
movement documentation and any applicable permits as required by the state of
destination, and have these documents immediately available for
inspection.
Section 9. Requirements
for Interstate Movement through Kentucky. Equines being moved interstate
through Kentucky shall have movement documentation and any applicable permits
as required by the state of destination, and have these documents immediately
available for inspection.
Section
10. Extended Equine CVI Program.
(1) The Extended Equine CVI shall be accepted
from equines from any states participating in a Memorandum of Agreement with
Kentucky. The participating states are four (4) at the link:
https://www.globalvetlink.com/eecvi/.
(2) The Extended Equine CVI shall be issued
through Global Vet Link, and shall be valid for six (6) months from date of
issue for out-of-state equines.
(3)
The Extended Equine CVI shall be valid until one (1) year after date of issue
for intrastate movement for exhibition or until the expiration of the EIA test,
whichever occurs first.
(4) Each
equine shall have a permanent individual animal identification in the form of a
unique identifier, lip tattoo, brand, electronic implant, or digital
photograph, which shall be referenced on the issued permit.
(5) An accurate event itinerary log shall be
in the owner or transporter's possession documenting each equine movement
during the period of permit.
Section
11. Treatment of Imported Mares.
(1) A mare imported into Kentucky for
breeding from a country known to be affected by Contagious Equine Metritis
(CEM) shall be tested and treated for CEM by or under the direct supervision of
a KAV who is approved by the Kentucky Department of Agriculture according to
the procedures established in this section.
(a) Prior to the mare's arrival, the premises
shall be inspected by a representative of the OSV in accordance with USDA
Veterinary Services Guidance 13406.1 and an to Import Mare Worksheet form shall
be completed at the time of inspection and signed by the farm manager or
authorized representative.
(b) Upon
arrival, the mare shall be placed in quarantine until released by the
OSV.
(c) Following arrival, the
Kentucky approved veterinarian shall determine the mare's pregnancy status,
review the prescribed testing and treatment schedule, and submit to the OSV the
reported findings and acceptance, or required amendments to the testing
schedule, based on the conditions of the mare by completing the Import Mare
Pregnancy and Schedule form.
(d)
During the course of the quarantine, the Kentucky approved veterinarian shall
collect and submit for CEM culture three (3) sets of swabs from the mare. The
sets of swabs shall be collected during a twelve (12) day period with at least
of seventy-two (72) hours lapsing between each set being collected. Mares
determined and reported to be non-pregnant shall have an additional swab
collected from the endometrium or distal cervix to be included with the third
set of CEM swabs.
(e) Following the
third set of CEM swabs being submitted for culture, the Kentucky approved
veterinarian shall manually remove all organic debris from the clitoral fossa
and sinuses. The sinuses shall then be flushed with an approved ceruminolytic
agent until all remaining debris has been removed. The Kentucky 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 external genitalia, vaginal vestibule, clitoral fossa, and clitoral
sinuses. The clitoral fossa, clitoral sinuses, external genitalia, and vaginal
vestibule shall be filled and covered with an antibiotic ointment that is
effective against the CEM organism and is approved by USDA and the Kentucky
State Veterinarian.
(f) After the
procedures established in paragraphs (c) and (d) of this section have been
satisfactorily completed and all three (3) of the swabs are reported to the OSV
as testing negative for CEM bacterium, the completed CEM Worksheet shall be
submitted and the imported mare may be released from quarantine by the
OSV.
(g) Before an imported mare
may be bred in Kentucky, a swab shall be collected from the endometrium and
cultured negative for CEM. This swab may be included with any of the three (3)
required sets of swabs, or for a pregnant mare, may be collected after
foaling.
(h) An imported mare bred
in Kentucky shall be prophylactically scrubbed and bred last of the group of
mares bred during that session. The external genitalia of the covering stallion
shall be cleansed, as established in Section 12(2)(e) of this administrative
regulation, after breeding an imported mare. The next three (3) mares bred to
the stallion, after the imported mare, shall have a blood sample collected and
submitted for CF testing fifteen (15) to twenty-five (25) days post-breeding.
Included with the submission of the sample shall be the name of the imported
mare that was bred prior to the mare being tested, and the name of the covering
stallion, date, and time bred.
(i)
The farm manager where the stallion is standing shall notify the owner or agent
of the three (3) mares bred to the stallion, following an imported mare, that a
post-breeding CF test shall be required.
(j) The farm manager where the stallion is
standing shall contact the OSV and provide the name, breeding date, time, and
location of the imported mare covered, and the name, breeding date, time, and
location of the three (3) mares bred to the stallion following the imported
mare.
(2) A CEM culture
positive mare shall remain under quarantine and shall be treated as established
in subsection (1)(d) and (g) of this section. The mare shall have sets of swabs
obtained, as established in subsection (1)(c) of this section, no less than
twenty-one (21) days after the last day of treatment. If all required specimens
taken from the mare test negative for the CEM bacterium, then the mare may be
released from quarantine.
(3) User
fees shall be assessed for an equine import.
(a)
1. An
import broker making application to import mares into Kentucky for completion
of a CEM quarantine shall pay a fee for the processing, implementation, and
monitoring of the quarantine.
2. If
multiple destinations are declared for equine to be quarantined, each listed
destination shall constitute a separate application.
(b) An application processing and premise
inspection fee of $100 shall be assessed for each application received to
import mares into Kentucky for completion of the CEM quarantine.
(c) Upon receipt of the mare or mares at the
quarantine facility, the broker shall be assessed a fee of $120 per individual
mare for the receipt, inspection, quarantine, and monitoring to establish the
disease status during the quarantine period.
(d) An import broker shall pay an additional
fee for each shipment of mares that arrives at a Kentucky quarantine
destination on weekends, state-recognized holidays, or between the hours of
5:01 p.m. and 6:59 a.m.
1. 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, including the travel
time of KDA employees.
2. For
state-recognized holidays, the assessed fee shall be $120 per hour with a
minimum of two (2) hours charged. The holiday fee shall apply to all mares
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.
(e) The broker shall pay the assessed fees by
check. The check shall be made payable to the Kentucky State Treasurer and
mailed to the OSV within ninety-six (96) hours of receipt of the
charges.
(f) Failure to comply with
the user fee schedule may result in an application for importation to be
delayed or denied.
(4)
An imported mare shall be released from quarantine if:
(a) The requirements of all sections of this
administrative regulation have been completed;
(b) The required specimens taken from the
mare test negative for the CEM bacterium; and
(c) No other evidence of CEM conditions,
indication of possible CEM suppression, or other related medical issues were
found.
Section
12. Treatment of Imported Stallions.
(1) A stallion imported into Kentucky from a
country identified or classified by the USDA 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 OSV until the
testing for CEM is complied with, and it is determined the stallion is free of
the disease-causing organism.
(2)
Stallions, other than those addressed in subsection (1) of this administrative
regulation, that are 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 KAV according to
the procedures established in this section.
(a) While wearing disposable gloves and using
disposable equipment, the Kentucky approved veterinarian shall collect one (1)
set of CEM swabs from the stallion to be cultured for CEM.
(b) 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:
1. They test negative to a CF
test; and
2. Three (3) sets of
swabs taken from the mares during a twelve (12) day period, with at least
seventy-two (72) hours lapsing between each set being collected, are culture
negative for the CEM bacterium.
(c) After being bred by the stallion, a set
of CEM swabs shall be collected from the test mares on the third, sixth, and
ninth days after breeding.
(d) The
test mares shall have a CF test conducted fifteen (15) days after
breeding.
(e) With the stallion in
full erection, the Kentucky 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 that is
approved by the USDA and the OSV.
(f) 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 OSV. 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, then the stallion and the test mares
may be released from quarantine.
(3) User fees shall be assessed for an equine
import.
(a) An import broker applying to
import a stallion into Kentucky for completion of a CEM quarantine shall pay a
fee for the processing, implementation, and monitoring of the quarantine. If
multiple destinations are declared for equines to be quarantined, each listed
destination shall constitute a separate application.
(b) 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.
(c) 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.
(d) An import broker shall pay an additional
fee, as established in subparagraph 2. of this paragraph, for each shipment of
stallions that 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.
1. 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 OSV
employees.
2. For state-recognized
holidays, the assessed fee shall be $120 per hour with a minimum of two (2)
hours of 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 OSV
employees.
(e) The
broker shall pay the assessed fees by check. The check shall be made payable to
the Kentucky State Treasurer and mailed to the OSV within ninety-six (96) hours
of receipt of the charges.
(f)
Failure to comply with the user fee schedule shall subject the application for
importation to be delayed or denied.
Section 13. Treatment of Contagious Equine
Metritis. Treatment of CEM in stallions shall occur in accordance with the plan
developed by OSV and the veterinarian for the stallion.
Section 14. Breeding Shed for Imported Female
Equines.
(1) Maiden mares over 731 days of age
at the time of importation from any country outside the continental United
States, its territories, possessions, or Canada shall, before being bred in
Kentucky, have two (2) sets of swabs testing negative for CEM bacterium with a
minimum of seventy-two (72) hours lapsing between collecting the swabs. One (1)
of the two (2) sets of swabs shall include a swab collected from the
endometrium. Imported maiden mares bred in Kentucky shall be prophylactically
scrubbed and bred last of any group of mares bred during that session. After
the breeding, the external genitalia of the covering stallion shall be cleansed
as established in Section 12(2)(e) of this administrative regulation.
(a) The next three (3) mares bred to the
stallion, after the imported mare, shall have a blood sample collected and
submitted for CF testing fifteen (15) to twenty-five (25) days postbreeding.
Included with the submission of the sample shall be the name of the imported
mare that was bred prior to the mare being tested, and the name of the covering
stallion, date, and time bred.
(b)
It shall be the responsibility of the farm where the stallion is standing to
notify the owner or agent of the three (3) mares bred to the stallion,
following an imported mare, that a postbreeding CF test is required.
(c) The farm where the stallion is standing
shall contact the OSV, and provide the name, breeding date, time, and location
of the imported mare covered, and the name, breeding date, time, and location
of the three (3) mares bred to the stallion following the imported
mare.
(2) Mares over 731
days of age imported from any country outside the continental United States,
its territories, possessions, or Canada, that are not listed as being affected
by CEM shall, before being bred in Kentucky, have two (2) negative sets of
swabs with a minimum of seventy-two (72) hours lapsing between collecting the
swabs. Prior to being bred, a swab shall be collected from the endometrium and
tested negative for CEM. This swab may be included with either of the required
sets, or for a pregnant mare, may be collected after foaling. Imported mares,
addressed in this section, bred in Kentucky shall be prophylactically scrubbed
and bred last of any group of mares bred during that session. The covering
stallion shall be cleansed as established in Section 1 of this administrative
regulation after breeding.
(a) The next three
(3) mares bred to the stallion, after the imported mare, shall have a blood
sample collected and submitted for testing fifteen (15) to twenty-five (25)
days postbreeding. Included with the submission of the sample shall be the name
of the imported mare that was bred prior to the mare being tested, and the name
of the covering stallion, date, and time bred.
(b) It shall be the responsibility of the
farm where the stallion is standing to notify the owner or agent of the three
(3) mares bred to the stallion, following an imported mare, that the
postbreeding CF test is required.
(c) The farm where the stallion is standing
shall contact the OSV and provide the name, breeding date, time, and location
of the imported mare covered, and the name, breeding date, time, and location
of the three (3) mares bred to the stallion following the imported
mare.
(3) Mares, other
than maidens, over 731 days of age imported into Kentucky for breeding from
countries listed as being affected with CEM shall be treated in accordance with
Section 11 of this administrative regulation.
Section 15. Equine Viral Arteritis in
Thoroughbreds.
(1) EVA Shedding Stallions. A
thoroughbred stallion known to be shedding EAV shall not be permitted to breed
until the State Veterinarian determines that the stallion does not pose a
threat of transmitting EAV. In making this determination, the State
Veterinarian shall consider whether the requirements of paragraphs (b) and (c)
of this section shall be complied with by the farm on which the shedding
stallion is located. The restrictions established in paragraphs (a) through (c)
of this subsection shall apply to a shedding stallion that is permitted to
breed.
(a) An owner or agent of a mare booking
or seeking to book a mare to a shedding stallion shall be notified in writing
by the owner or agent that the stallion is classified as an EVA shedder. A
written copy of the booking confirmation shall be sent to the OSV.
(b) A shedding stallion shall be housed,
handled, and bred in a facility isolated from a nonshedding stallion.
(c) A shedding stallion shall be bred to a
mare that:
1. Has been vaccinated against EVA
at least twenty-one (21) days prior to breeding; or
2. Demonstrates an EVA titer from vaccination
or exposure to EAV, if the serological EVA test to determine the mare is EVA
sero positive was conducted no sooner than November 1 of the previous calendar
year for the following breeding season.
(2) EVA sero positive nonshedding stallions.
The restrictions established in paragraphs (a) and (b) of this subsection shall
apply to a nonshedding stallion that was previously classified as a shedding
stallion.
(a) During the first breeding season
following the stallion's classification as a nonshedder, the first five (5) EVA
Sero negative mares covered by the stallion shall have a blood sample collected
for an EVA test twenty-eight (28) days after breeding.
(b) During the second breeding season, the
stallion shall be bred to two (2) mares negative for EAV antibodies or have its
semen collected and cultured for EAV. If the culture report and blood samples
are negative for EAV, there shall not be restrictions placed on a future
breeding season.
(3) A
EVA Sero positive EVA vaccinated (arvac) stallion that did not have an EVA
negative test prior to vaccination shall be eligible for breeding by complying
with paragraph (a) or (b) of this subsection.
(a) Semen shall be collected and cultured for
EAV and culture shall be reported as negative.
(b) Prior to entering the breeding shed, the
stallion shall be bred to two (2) mares negative for EAV antibodies. The two
(2) mares shall have blood collected for an EVA test twenty-eight (28) days
after breeding. Prior to the horse entering the breeding shed, test results
shall be reported as negative for EAV antibodies.
(4) A nonvaccinated EVA Sero positive
stallion (or EVA vaccinated stallion that does not have documentation of the
vaccination or a stallion with unknown exposure to EAV) shall be eligible for
breeding as established in paragraphs (a) through (c) of this subsection.
(a)
1.
Semen shall be collected and cultured for EAV; or
2. Prior to entry into the breeding shed, the
stallion shall be bred to two (2) mares negative for EVA antibodies. The two
(2) mares shall have blood collected for an EVA test twenty-eight (28) days
after breeding. Prior to the horse entering the breeding shed, test results
shall be reported as negative for EVA antibodies.
(b) The first two (2) EVA Sero negative mares
covered by the stallion shall have a blood sample collected for an EVA test
twenty-eight (28) days after breeding.
(c) The Kentucky State Veterinarian may
monitor a EVA Sero negative mare covered by the stallion during a breeding
season. Monitoring shall include having a blood sample collected for an EVA
test twenty-eight (28) days after breeding.
(5) The determination that a stallion is not
a shedder shall be made based on a scientific procedure approved by the state
veterinarian. The procedures shall be conducted in the presence of the State
Veterinarian or his or her designee.
(6) EVA Classification Category.
(a) Category One Mares. Category One Mares
shall include mares bred to a shedding stallion for the first time. Category
One Mares shall be EVA vaccinated a minimum of twenty-one (21) days prior to
the first cover by a shedding stallion and shall be isolated a minimum of
twenty-one (21) days after the first cover.
1.
During isolation, the Category One Mare shall be physically separated from
other equine or equines in a separate isolation area approved by the State
Veterinarian or designated personnel.
2. After the isolation period, a Category One
Mare may move without restriction.
3. A Category One Mare that does not conceive
after being bred to a shedding stallion and has completed the twenty-one (21)
day isolation period following the first cover shall be reclassified as a
Category Two Mare for the remainder of the breeding season.
(b) Category Two Mares. Category
Two Mares shall include a mare:
1.
a. Bred to a shedding stallion within the
previous two (2) years; or
b.
Previously classified as a Category One Mare that has completed the twenty-one
(21) day isolation period; and
2. May move without restrictions after being
covered by a shedding stallion.
(c) A mare bred to a shedding stallion may
return to the farm of origin in a van or other transport vehicle by herself, or
with EVA Sero positive equine. Upon returning to the farm of origin, the van or
other transport vehicle and equipment used to move the mare shall be
immediately cleaned and disinfected.
(d) A mare bred to a shedding stallion shall
be bred to a shedding stallion during that estrus cycle. A mare may be bred to
a nonshedding, EVA vaccinated stallion on subsequent estrus cycles during the
breeding season.
(e)
1. Except as established in subparagraph (2)
of this subsection, in cooperation with the stallion's owner or manager, the
State Veterinarian shall determine that a stallion is not shedding EAV prior to
the stallion being permitted to breed.
2. A stallion shall be permitted to breed
with an EVA EVA Sero negative test mare without the determination required by
paragraph (a) of this subsection.
(7) A stallion or mare infected with EAV
during the breeding season shall immediately cease breeding, and the State
Veterinarian shall be immediately notified. An owner or agent with a mare
booked or bred to a stallion that became infected with EAV during the breeding
season shall be immediately notified in writing by the stallion's owner or
agent. A copy of the written notification shall be sent to the State
Veterinarian. A stallion infected with EAV during the breeding season shall be
classified as a shedder and shall be handled accordingly. Following the
stallion's classification as a shedder, the State Veterinarian may reclassify
the stallion as a nonshedder in accordance with Section 15(5) of this
administrative regulation.
(8)
Equine Vaccinated Against EVA. Equine vaccinated for the first time against EVA
shall have a blood sample collected for an EVA test prior to vaccination. A
certificate documenting the equine has been EVA Vaccinated shall be sent to the
State Veterinarian within seven (7) days of the vaccination date. A EVA
Vaccinated stallion shall not be exposed to an EVA affected equine and shall
not be used for breeding within twenty-one (21) days after vaccination. A
thoroughbred stallion used for breeding in Kentucky shall be EVA Vaccinated
annually with an approved state federal EVA vaccine.
(9) A nurse mare shall be:
(a) EVA Sero negative;
(b) Officially EVA Vaccinated; and
(c) Isolated from other equine on the
farm.
(10) A teaser
shall be officially EVA Vaccinated against EVA.
(11)
(a) An
EVA test mare shall be isolated from the other equine and under the supervision
of state personnel if the mare becomes:
1.
Affected with EAV after breeding; or
2. EVA Sero positive after
breeding.
(b) An
isolated mare shall be eligible for release from isolation by the State
Veterinarian after:
1. Twenty-eight (28) days
in isolation; or
2. The spread of
EAV is no longer a risk, whichever is longer.
Section 16. Equine Infectious
Anemia Positive Horses.
(1) Equines positive
as confirmed by a USDA approved test for EIA shall be officially identified and
permanently identified using the numbers and letter "61A" with a brand on the
left neck region.
(2) All
classified positive EIA equines not slaughtered or euthanized shall be isolated
and quarantined. Isolation shall include stabling in a stall that is screened
to preclude entry and exit of mosquitoes, stable flies, and horse flies during
seasons of the year when such insects are prevalent. EIA positive equines shall
also be kept at least 200 yards from all other equine.
(3) The movement of any quarantined positive
EIA equines shall occur only with permission by the OSV.
(4) All equines on the premises where a
EIA-positive equine was identified shall be quarantined pending a negative test
for EIA.
Section 17.
Approved Kentucky Horse Sale.
(1) Operating
Sale Requirements. The sale management shall comply with paragraphs (a) through
(i) of this subsection pertaining to the sale and the premises at which the
sale is conducted. The sale manager shall:
(a)
Submit a schedule of sale days to the OSV;
(b) Submit an Application for an approved
Kentucky horse sale to the OSV and have approval confirmed by the OSV prior the
first sale date;
(c) Maintain
well-constructed pens and handling facilities that are clean, well-lighted and
in good repair;
(d) Maintain a
cleaning and disinfection program;
(e) Ensure that all equines on the premises
without valid negative EIA test certificates shall have a blood sample drawn
for EIA testing by the approved market veterinarian at the owner's expense
prior to the sale;
(f) Ensure that
all horses be identified by a back tag or other official ID tag, with each
horse's color, sex, breed, age, and back tag number, which shall be recorded by
sales staff;
(g) Maintain on file
for at least twelve (12) months, complete records of the origin and destination
of each equine going through the sale. These records shall be made available to
the department upon request. Records shall include:
1. Identification of each equine sold that
meets the requirements as established in paragraph (e) of this subsection;
and
2. The premises of origin
address for the equine, the name and address for the seller, and the name and
address for the buyer. A driver's license or other valid identification shall
be used to verify complete address of both the buyer and seller of each
equine;
(h) Post notices
announcing that equines are being sold without proof of negative testing for
EIA in visible locations throughout the market and sale area; and
(i) Arrange for a licensed and accredited
veterinarian, approved by the OSV as the equine market veterinarian, to
implement the provisions established in Section 3 of this administrative
regulation.
(2)
Veterinary Duties. The equine market veterinarian shall:
(a) Submit of the form titled
Responsibilities of the Equine Market Veterinarian to the OSV and be approved
by the OSV.
(b) Visually inspect
each equine for clinical evidence of communicable diseases prior to the equine
leaving the sales premises and report the presence of any communicable disease
condition to the State Veterinarian or an authorized representative;
(c) Provide direct supervision for the
collection of required blood samples from each eligible equine and for the
recording of corresponding identification of each sample; and
(d) Cooperate with state-federal inspectors,
and sale management, in carrying out all applicable laws and regulations
governing the sale and movement of equines.
Section 18. Material Incorporated by
Reference.
(1) The following material is
incorporated by reference:
(a) "CVI",
2019;
(b) "CVI Reconsignment Form",
2019;
(c) "Form VS 10-11",
2019;
(d) "EIA Test Form",
2019;
(e) "Import Mare Agreement
Form", 2019;
(f) "Import Mare
Pregnancy and Schedule Form", 2019;
(g) "Import Mare Worksheet Form",
2019;
(h) "Import Stallion
Worksheet Form", 2019;
(i) "Import
Stallion Agreement Form and CEM Imported Stallion Worksheet Form", 2019;
and
(j) "Responsibilities of the
Equine Market Veterinarian", 2019.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky Department of
Agriculture, Division of Animal Health, 111 Corporate Drive, Frankfort,
Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.