Kentucky Statutes 257.550 – Kentucky Cervid CWD Surveillance and Identification Program
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(1) There shall be a ban on the importation of live members of the animal family Cervidae into the Commonwealth that have not been subject to a program of surveillance and identification for cervid chronic wasting disease (CWD) that meets or exceeds:
(a) The requirements of the Kentucky Cervid CWD Surveillance and Identification (CCWDSI) Program set forth in this section and in administrative regulations promulgated by the Kentucky Department of Agriculture; and
(b) Any other health requirements as regulated by the Kentucky Department of
Agriculture or the United States Department of Agriculture for cervids.
(2) The Kentucky Department of Agriculture shall be responsible for authorizing importation of the members of the animal family Cervidae into the Commonwealth that have been subject to a program of surveillance and identification for cervid CWD that meets or exceeds:
(a) The requirements of the Kentucky CCWDSI Program set forth in this section and in administrative regulations promulgated by the Kentucky Department of Agriculture; and
(b) Any other health requirements as regulated by the Kentucky Department of
Agriculture or the United States Department of Agriculture for cervids.
(3) Members of the animal family Cervidae shall not be eligible for importation into the Commonwealth unless the program of surveillance and identification for cervid CWD to which they have been subject:
(a) Has been certified by the exporting state‘s state veterinarian or agency having jurisdiction over that state’s surveillance and identification program;
(b) Has been approved by the Kentucky state veterinarian as meeting or exceeding the standards imposed under the Kentucky CCWDSI Program; and
(c) Meets, at a minimum, the following requirements:
1. The program shall require cervid owners to obtain identification and laboratory diagnosis from brain tissue as directed by the exporting state’s state veterinarian or agency with jurisdiction for cervids twelve (12) months of age or greater that:
a. Display clinical signs of CWD;
b. Die, including deaths by slaughter or by hunting, including hunting on hunting preserves; or
c. Are ill or injured, regardless of whether the illness or injury results in death; and
2. The program shall require cervid owners to obtain cervids from herds that have been monitored for at least five (5) years and that have complied with the standards contained in the Kentucky CCWDSI Program.
(4) Cervids originating from a state that has reported a confirmed case of CWD in wild
or captive cervids shall not be imported into Kentucky until the United States
Department of Agriculture approves:
(a) Regulations that allow importation from states with confirmed cases of CWD;
and
(b) A live test for CWD that is available for live testing of cervids.
(5) Importation of members of the animal family Cervidae into the Commonwealth shall be consistent with this section and with administrative regulations promulgated by the Kentucky Department of Agriculture in cooperation with the Kentucky Department of Fish and Wildlife Resources.
Effective: June 25, 2009
History: Created 2009 Ky. Acts ch. 62, sec. 1, effective June 25, 2009.
(a) The requirements of the Kentucky Cervid CWD Surveillance and Identification (CCWDSI) Program set forth in this section and in administrative regulations promulgated by the Kentucky Department of Agriculture; and
Terms Used In Kentucky Statutes 257.550
- Animal: includes every warm-blooded living creature except a human being. See Kentucky Statutes 446.010
- Department: means the Department of Agriculture. See Kentucky Statutes 257.010
- 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. See Kentucky Statutes 257.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) Any other health requirements as regulated by the Kentucky Department of
Agriculture or the United States Department of Agriculture for cervids.
(2) The Kentucky Department of Agriculture shall be responsible for authorizing importation of the members of the animal family Cervidae into the Commonwealth that have been subject to a program of surveillance and identification for cervid CWD that meets or exceeds:
(a) The requirements of the Kentucky CCWDSI Program set forth in this section and in administrative regulations promulgated by the Kentucky Department of Agriculture; and
(b) Any other health requirements as regulated by the Kentucky Department of
Agriculture or the United States Department of Agriculture for cervids.
(3) Members of the animal family Cervidae shall not be eligible for importation into the Commonwealth unless the program of surveillance and identification for cervid CWD to which they have been subject:
(a) Has been certified by the exporting state‘s state veterinarian or agency having jurisdiction over that state’s surveillance and identification program;
(b) Has been approved by the Kentucky state veterinarian as meeting or exceeding the standards imposed under the Kentucky CCWDSI Program; and
(c) Meets, at a minimum, the following requirements:
1. The program shall require cervid owners to obtain identification and laboratory diagnosis from brain tissue as directed by the exporting state’s state veterinarian or agency with jurisdiction for cervids twelve (12) months of age or greater that:
a. Display clinical signs of CWD;
b. Die, including deaths by slaughter or by hunting, including hunting on hunting preserves; or
c. Are ill or injured, regardless of whether the illness or injury results in death; and
2. The program shall require cervid owners to obtain cervids from herds that have been monitored for at least five (5) years and that have complied with the standards contained in the Kentucky CCWDSI Program.
(4) Cervids originating from a state that has reported a confirmed case of CWD in wild
or captive cervids shall not be imported into Kentucky until the United States
Department of Agriculture approves:
(a) Regulations that allow importation from states with confirmed cases of CWD;
and
(b) A live test for CWD that is available for live testing of cervids.
(5) Importation of members of the animal family Cervidae into the Commonwealth shall be consistent with this section and with administrative regulations promulgated by the Kentucky Department of Agriculture in cooperation with the Kentucky Department of Fish and Wildlife Resources.
Effective: June 25, 2009
History: Created 2009 Ky. Acts ch. 62, sec. 1, effective June 25, 2009.