K.A.R. Agency 9 | Kan. Admin. Regs. Agency 9 — Kansas Department of Agriculture—Division of Animal Health

Article 1 Anthrax Vaccine

Kan. Admin. Regs. § 9-1-1 Sale or distribution

It shall be unlawful for any person to sell or distribute any anthrax spore vaccine, any Sterns' non-encapsulated spore vaccine, or any anthrax bacterin in the state of Kansas, without first having obtained, from the livestock sanitary commissioner of Kansas, a permit therefor; which permit shall limit sale and distribution of such products to veterinarians holding specific authority from the livestock sanitary commissioner of Kansas to use such products.

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History

History: (Authorized by K.S.A. 47-610; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-1-2 Use

It shall be unlawful for any person to inject or use anthrax spore vaccine, Sterns' non-encapsulated spore vaccine, or anthrax bacterin, except veterinarians having authority for such purpose from the livestock sanitary commissioner of Kansas, and injecting and using such products under the supervision of the livestock sanitary commissioner of Kansas.

It shall be unlawful for any person to inject or use anthrax spore vaccine, except at locations or on premises where the existence of anthrax has been determined and confirmed by a laboratory diagnosis.

It shall be unlawful for any person to inject or use Sterns' nonencapsulated spore vaccine or anthrax bacterin, except (1) At locations or on premises where a field diagnosis of the existence of anthrax has been made by a veterinarian authorized by the livestock sanitary commissioner of Kansas or (2) where such location or premises as have been specifically designated by the livestock sanitary commissioner of Kansas as authorized for the injection or use of such products.

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History

History: (Authorized by K.S.A. 47-610; effective Jan. 1, 1966.)

Article 2 Bovine Brucellosis

Kan. Admin. Regs. § 9-2-1 Official vaccinate

(a) "Official calfhood vaccinate" means any heifer calf that is permanently identified and that has been officially vaccinated for brucellosis with a vaccine approved by the livestock commissioner and produced and approved under license of the United States department of agriculture (USDA) for injection into cattle and bison to enhance resistance to brucellosis. Each official calfhood vaccinate shall be vaccinated in accordance with subsection (b).

(b)(1) Female cattle of any breed and female bison shall be vaccinated with a USDA-approved brucella abortus vaccine. The vaccine shall be administered in accordance with the vaccine labeling for cattle when the calf is at least four months of age but less than 12 months of age, or at least 120 days of age but less than 360 days of age and for bison when the calf is at least four months of age but less than 10 months of age, or at least 120 days of age but less than 300 days of age.

(2) The vaccination shall be given by a veterinarian employed by the USDA, a veterinarian employed by the Kansas animal health department, or a veterinarian licensed to practice in the state of Kansas and accredited by the USDA. The veterinarian shall send to the livestock commissioner, within 10 days after the date of the vaccination, one copy of an official brucellosis vaccination record reflecting the calfhood vaccination. One copy of the official brucellosis vaccination record shall be given to the owner, and one copy shall be retained by the veterinarian.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610 and 47-657; implementing K.S.A. 47-608 and 47-622; effective Jan. 1, 1966; amended Jan. 1, 1968; amended Jan. 1, 1969; amended Jan. 1, 1974; amended May 1, 1984; amended, T-86-11, May 1, 1985; amended May 1, 1986; amended April 23, 1990; amended Jan. 23, 1998.)

Kan. Admin. Regs. § 9-2-6 Reports

All activities, conducted either privately or as a part of the official brucellosis eradication program, such as results of agglutination tests and vaccinations, shall be reported promptly to the state livestock sanitary commissioner.

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History

History: (Authorized by K.S.A. 47-608, 47-622, 47-624, 47-657; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-2-32 Brucellosis: uniform methods and rules

The provisions of "brucellosis eradication: uniform methods and rules," approved by the United States department of agriculture, animal and plant health inspection service, veterinary services, as the minimum standards for achieving and maintaining certified and validated herds and certified and validated area status, effective February 1, 1998, are hereby adopted by reference, except for the definition of "official vaccinate (adult)" in chapter 1, part 1.

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History

History: (Authorized by K.S.A. 47-610 and 47-657; implementing K.S.A. 47-608, 47-610, and 47-657; effective, T-85-10, April 11, 1984; effective, T-86-11, May 1, 1985; effective May 1, 1986; amended Jan. 23, 1998; amended, T-9-2-18-05, Feb. 18, 2005; amended June 10, 2005.)

Kan. Admin. Regs. § 9-2-33 Change of ownership requirements for intrastate movement

"Test eligible cattle," as defined in the uniform methods and rules, that are offered for sale or sold shall be tested for brucellosis on the date of sale. The seller shall be responsible for brucellosis testing.

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History

History: (Authorized by and implementing K.S.A. 47-608, 47-610, 47-657; effective, T-84-23, Aug. 30, 1983; effective May 1, 1984.)

Kan. Admin. Regs. § 9-2-34 "F" branding of heifers

(a) All sexually intact female feeder cattle, 18 months of age or younger, originating in "b" and "c" states, must be branded with the letter "F" on the left jaw or the left tail head. All female feeder cattle shall be branded at the farm of origin or first point of concentration except those going to a licensed Kansas feedlot. The letter "F" shall be at least three inches by two inches in size. All female feeder cattle moving direct to Kansas licensed feedlots shall be exempt.

(b) All spayed female cattle from "b" and "c" states shall be individually identified with a metal eartag or be branded with an open spade brand on the left jaw.

(c) Replacement female cattle from "b" and "c" states must originate from a certified brucellosis free herd or enter the state upon approval from the Kansas livestock commissioner.

(d) All livestock from "b" and "c" states moving into Kansas shall have: (1) A valid certificate of veterinary inspection; and

(2) a permit from the animal health department.

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History

History: (Authorized by and implementing K.S.A. 47-608; 47-610; 47-623; 47-624; 47-657; effective May 1, 1987.)

Kan. Admin. Regs. § 9-2-35 Movement of sexually intact cattle and bison from designated surveillance areas

(a) Each of the following terms, as used in this regulation, shall have the meaning specified in this subsection:

(1) "Designated surveillance area" and "DSA" mean any area identified by the USDA with an elevated risk for brucellosis infection due to serological evidence of brucella exposure in wild elk sampled in that area.

(2) "Official identification" means a unique and permanent form of individual animal identification approved by the USDA's animal and plant health inspection service or the animal health commissioner. This term shall not include breed registration tattoos, brands, or any registered brand even if the registered brand is accompanied by a brand inspection certificate.

(3) "Official test" means a USDA-approved test for brucellosis conducted at a USDA-approved lab pursuant to "brucellosis eradication: uniform methods and rules," which is adopted by reference in K.A.R. 9-2-32.

(4) "USDA" means United States department of agriculture.

(b) All sexually intact cattle or bison, regardless of age and sex, moving from a DSA into Kansas shall have official identification for each animal, shall obtain a movement permit number from the Kansas animal health commissioner, and shall be accompanied by a certificate of veterinary inspection issued by a state-licensed and federally accredited veterinarian in the state of origin. The certificate of veterinary inspection shall include the movement permit number and a statement verifying that each animal has official identification.

(c) In addition to the requirements of subsection (b), the certificate of veterinary inspection for all sexually intact cattle and bison aged 12 months or older moving from a DSA into Kansas and all sexually intact cattle and bison moving from a DSA into Kansas for breeding or exhibition purposes, regardless of age, shall also include official identification for each animal and a statement that each animal being moved meets one of the following requirements:

(1) Originates and moves directly from a USDA-certified brucellosis-free herd in the state of origin;

(2) originates and moves directly from a herd that has had a negative whole-herd test for brucellosis conducted within the previous 12 months, including the date of the last qualifying whole-herd test; or

(3) has tested negative in response to an official test for brucellosis within the 30 days before movement to Kansas, including the date of the last qualifying test for the animal.

(d) One copy of the certificate of veterinary inspection shall accompany the cattle or bison shipment, one copy shall be retained by the official state agency in the state of origin, and one copy shall be sent by the inspecting veterinarian in the state of origin to the office of the Kansas animal health commissioner.

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History

History: (Authorized by K.S.A. 2019 Supp. 47-610 and 47-657; implementing K.S.A. 2019 Supp. 47-607, K.S.A. 2019 Supp. 47-608, K.S.A. 2019 Supp. 47-610, K.S.A. 2019 Supp. 47-657, K.S.A. 47-661, K.S.A. 47-663 and K.S.A. 47-664; effective Nov. 13, 2020.)

Kan. Admin. Regs. § 9-2-36 Official calfhood vaccination tag; fees

Any accredited veterinarian licensed in Kansas may request official calfhood vaccination tags from the animal health commissioner subject to any required fees. The fees may include reimbursement to the animal health commissioner for the actual cost of each official calfhood vaccination tag and a processing fee of $.20 for each official calfhood vaccination tag. All applicable fees shall be specified in a written or an electronic invoice provided by the animal health commissioner before shipping the requested official calfhood vaccination tags.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-1831; effective May 13, 2022.)

Article 3 Swine Brucellosis and Cervids

Kan. Admin. Regs. § 9-3-1 Definitions

(1) Herd. A herd of swine shall include all swine on the premises of any owner of swine, or other person in possession, which swine are 6 months of age and over, exclusive of feeder swine maintained separate and apart from the swine kept for breeding purposes, and production therefrom.

(2) Negative herd test. A negative herd test means a test in which no agglutination titre exceeds a reaction of incomplete in the 1-100 dilution on the plate test or when no animal in the herd reacts on the brucella card test.

(3) Negative animal test. A negative animal test means a test in which the agglutination titre is negative in the 1-25 dilution on the plate test or negative on the brucella card test.

(4) Swine reactor. A swine reactor means any porcine animal showing a complete reaction in the 1-100 dilution of the blood agglutination test or complete agglutination on the brucella card test.

(5) Infected herd. An infected herd means any herd for which the herd test discloses one or more animals reacting completely in the dilution of 1-100 or higher on the plate test, then any animal in the herd showing a reaction of complete in dilution of 1-25, or higher shall be considered a reactor. Any animal in the herd reacting in the brucella card test.

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History

History: (Authorized by K.S.A. 47-608, 47-610, and 47-657; effective Jan. 1, 1966; amended Jan. 1, 1969.)

Kan. Admin. Regs. § 9-3-2 Validated brucellosis-free swine herd

(1) Validation: A herd may be validated when the swine therein have passed one negative herd test. This includes all animals 6 months of age and over, with no agglutination tests being positive in the dilution of 1:100, or higher, on the plate test or no reactors on the brucella card test.

(2) Requirements for maintaining validated brucellosis-free herd: Annual herd blood test of all animals 6 months of age and over and herd additions limited to: (a) Swine from validated herds, without a test, and

(b) Swine from herds where clinical evidence, or history, does not indicate infection, and which shall have passed a negative test within 30 days prior to herd addition. Such swine shall be held in isolation from herd to which they are intended as additions, until found to be negative to a retest 60 to 90 days from date of first test.

(3) Revalidation: Herd. A negative herd test of all eligible swine conducted within 10 to 14 months of the last validation date or establish that at least 20 percent of adult breeding swine were tested under a market swine identification program during the year and that at least one-half of sampling occurred during the last 6 months of the validation period.

(4) Revalidation: Area. Market swine identification coverage of at least 30 percent (10 percent per year) of the breeding swine 6 months of age or over from each herd, during the 3-year validation period.

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History

History: (Authorized by K.S.A. 47-608, 47-610, 47-657; effective Jan. 1, 1966; amended Jan. 1, 1969; amended Jan. 1, 1974.)

Kan. Admin. Regs. § 9-3-3 Plans for eradicating brucellosis from infected swine herds

If infection is disclosed in swine herds, one of the following plans should be selected for eradicating the disease and for subsequent qualifying the herd for validated brucellosis-free status, if desired. Infected herds under test for area validation status should also choose one of these plans to eradicate brucellosis from the herd: A. Plan 1—This plan is recommended for commercial herds found infected. The following procedures should be carried out:

(a) Market the entire herd for slaughter as soon as practicable.

(b) Clean and disinfect houses and equipment.

(c) Restock premises with animals (from validated brucellosis-free herds), placing them on ground that has been free of swine for at least 60 days.

(d) After 2 consecutive negative tests, not less than 60 nor more than 90 days apart, the herd is eligible for validated brucellosis-free herd status.

B. Plan 2—This plan is recommended for use in infected pure bred herds only where it is desired to retain valuable blood lines. The following procedures should be carried out:

(a) Separate pigs from sows at 42 days of age or younger and isolate.

(b) Market infected herd for slaughter as soon as practicable. Infected sows should not be rebred and should be slaughtered as soon as possible. Complete isolation of infected animals is essential. The separated weanling pigs form the nucleus for establishment of the infection-free herd.

(c) Test the gilts to be used for the following breeding season about 30 days before breeding. Save only the gilts that are negative. Breed only to negative boars.

(d) Retest the gilts after farrowing and before removing them from individual farrowing pens. Should reactors be found, they should be segregated from the remainder of the herd and slaughtered as soon as possible. Select only pigs from negative sows for breeding gilts.

(e) If reactors are found in step (d), the process is repeated.

(f) Following 2 consecutive negative tests, not less than 90 days apart, the herd is eligible for validated brucellosis-free herd status.

C. Plan 3—This plan is not recommended in general, but it has been found useful in herds where only a few reactors are found and where no clinical symptoms of brucellosis have been noted. Carry out the following procedures:

(a) Market reactors for slaughter.

(b) Retest herd at 30-day intervals, removing reactors for slaughter until the entire herd is negative.

(d) Following 2 consecutive negative tests, not less than 90 days apart, the herd is eligible for validated brucellosis-free herd status.

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History

History: (Authorized by K.S.A. 47-608, 47-610, 47-657; effective Jan. 1, 1966; amended Jan. 1, 1974.)

Kan. Admin. Regs. § 9-3-4 Official program work and reports

All official work shall be conducted by an authorized licensed, accredited veterinarian and the work shall be at the expense and liability of the swine owners, except fee-basis testing of swine is authorized in areas not validated brucellosis free and the testing shall be limited to suspicious and infected herds and area validation. Blood samples shall be tested at a state-federal cooperative laboratory. All testing shall be reported to the livestock commissioner on official brucellosis test charts and the reports shall show the date, name and address of the owner, the positive identification of the animal tested, and test results.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-608, 47-610, 47-657; implementing K.S.A. 47-610; effective Jan. 1, 1966; amended Jan. 1, 1974; amended May 1, 1982.)

Kan. Admin. Regs. § 9-3-5 Quarantine

When brucellosis is found in a herd, all swine on the premises where such disease is found, shall be under quarantine until released by the livestock sanitary commissioner of Kansas.

Shipments to slaughter may be authorized by a shipping permit issued by the livestock sanitary commissioner of Kansas.

All swine moved to slaughter on a permit shall be identified in a manner approved by the livestock sanitary commissioner of Kansas.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-608, 47-610, 47-657; effective Jan. 1, 1968.)

Kan. Admin. Regs. § 9-3-6 Definitions.

Kansas Administrative Regulations

Kansas Department of Agriculture—

Division of Animal Health

Article 3.—Swine Brucellosis and Cervids

9-3-6. Definitions.

Each of the following terms shall have the meaning specified in this regulation:

(a) “Adult domesticated cervid” means any domesticated cervid that is 12 months of age or older.

(b) “Affected herd” means any domesticated cervid herd in which tissues or fluids collected from a live animal or carcass of an animal tested positive for any infectious or contagious disease for which the herd may be quarantined, including chronic wasting disease (CWD), bovine tuberculosis (TB), or Brucella abortus (brucellosis), using an approved test conducted at an approved laboratory.

(d) “Ante-mortem CWD test” means a test to detect chronic wasting disease, performed by an accredited laboratory approved by the commissioner on samples collected from a live animal by a licensed accredited veterinarian.

(e) “APHIS” means the animal and plant health inspection service of the United States department of agriculture.

(f) “Approved laboratory” means any laboratory approved by APHIS to conduct brucellosis, TB, and CWD testing.

(g) “Approved test” means any test for brucellosis, TB, or CWD conducted under protocols established by APHIS.

(h) “Cervid” means any member of the family Cervidae and hybrids, including deer, elk, moose, caribou, reindeer, and related species.

(i) “Chemical restraint” means medical restraint in which a drug is used to restrict the freedom or movement of an animal.

(j) “Chronic wasting disease” and “CWD” mean a nonfebrile, transmissible spongiform encephalopathy that is insidious and degenerative and that affects the central nervous system of cervids.

(k) “Commingling” means grouping animals in a manner in which physical contact among animals could occur, including maintaining animals in the same pasture or enclosure, maintaining animals with less than 10 feet of physical separation, or allowing indirect contact via shared feeding and watering equipment. This term shall not include holding animals at a sale, during transportation, during artificial insemination, or in other situations in which only limited contact is involved.

(l) “Commissioner” means Kansas animal health commissioner.

(m) “CWD-exposed animal” means an animal that is part of a CWD-positive herd or that has been exposed to a CWD-positive animal or contaminated premises within the previous five years.

(n) “CWD-exposed herd” means a herd in which a CWD-positive animal has resided within five years before that animal’s diagnosis as CWD-positive, as determined by an APHIS employee or representative of the commissioner.

(o) “CWD-positive animal” means any cervid that tests positive on an approved test at an approved laboratory.

(p) “CWD-positive herd” means a herd in which a CWD-positive animal resided at the time the animal was diagnosed and which has not been released from quarantine.

(q) “CWD-source herd” means a herd that is identified through testing or epidemiological investigations to be the source of CWD-positive animals identified in other herds.

(r) “CWD-suspect animal” means any cervid for which an APHIS employee or Kansas department of agriculture representative has determined that unofficial CWD test results, laboratory evidence, or clinical signs suggest a diagnosis of CWD but for which official laboratory results have been inconclusive or not yet conducted.

(s) “CWD-suspect herd” means a herd for which unofficial CWD test results, laboratory evidence, or clinical signs suggest a diagnosis of CWD, as determined by an APHIS employee or state representative, but for which confirmatory laboratory results have been inconclusive or not yet reported.

(t) “Depopulate” means to remove, from a premises, animals that are determined to be infected or exposed to a specific disease by means of euthanizing the animals or by moving the animals to an approved slaughter facility for slaughter.

(u) “Domesticated cervid” means “domesticated deer,” as defined in K.S.A. 47-2101 and amendments thereto.

(v) “Domesticated cervid permit” means the permit required by K.S.A. 47-2101, and amendments thereto, to sell, possess, or raise any cervid.

(w) “Domesticated cervid movement notification” (DCMN) means a form that is provided by the Kansas department of agriculture, division of animal health and signed by the shipper. The DCMN shall be completed for all movements of live cervids, carcasses, and/or parts of a carcass that are being transported off the premises. The DCMN shall be completed with the name and either the residential or business address and domestic cervid permit number of both the shipper and the destination, species or breed of cervid, age, sex, all identifiers, including all official identification numbers, and the reason for movement.

(x) “Herd” means a group of animals maintained on the same premises or two or more groups of animals maintained in a manner that results in commingling.

(y) “Herd inventory” means an accounting that lists each adult domesticated cervid by its sex, age, breed or species, official identification and any other identification and that is confirmed by an accredited veterinarian or by a representative of the commissioner.

(z) “Herd plan” means a signed written agreement between the herd owner, the commissioner, and the APHIS administrator, that lays out the steps to be taken to control the spread of a disease agent from a positive herd, to control the risk of disease spread in a CWD-exposed or suspect herd, or to prevent disease introduction into a herd, detailing any animal identification requirements, examination requirements, reporting requirements, testing requirements, traceability requirements, and allowable movements into and out of an affected herd. The herd plan may also include requirements on fencing, decontamination, and cleanup of premises, as well as defining opportunities for business and operation continuity.

(aa) “Herd status” means the number of years during which a herd owner’s participating herd has been in an approved CWD monitoring program, indicating the probability that the herd is not affected by the disease. Herd status is determined by the length of time the herd has been monitored for CWD and by the herd owner’s full compliance with the program.

(bb) “Missed test” means an animal that is not correctly tested for CWD due to no sample being collected, an inappropriate sample being collected, poor sample quality, or a test that is not possible due to a test eligible animal being lost, dying, or being slaughtered, and not successfully tested for CWD.

(cc) “Official identification” means the identification required by K.S.A. 47-2101, and amendments thereto, which for any animal in a participating herd shall be in the form of a unique means of identification approved by APHIS and the commissioner. Acceptable forms of official identification shall include electronic implants, which are also known as microchips, electronic identification devices, tamper-resistant tags, and national uniform eartagging system tags but shall exclude ear tattoos and flank tattoos.

(dd) “Participating herd” means any herd enrolled in the CWD herd certification program.

(ee) “Premises” means the grounds and buildings occupied by a herd and equipment used in the husbandry of the herd.

(ff) “Program” means the CWD monitoring program or the APHIS CWD herd certification program, whichever is applicable.

(gg) “TB” means bovine tuberculosis.

(hh) “Trace-back herd” means a herd in which a CWD-positive animal formerly resided within five years prior to the diagnosis of CWD.

(ii) “Trace-forward herd” means a herd that has received exposed animals from a CWD-positive herd within five years prior to the diagnosis of CWD in the positive herd or from the identified date of entry of CWD into the positive herd.

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History

History: (Authorized by and implementing K.S.A. 47-607d, K.S.A. 47-610, and K.S.A. 2025 Supp. 47-2101; effective Sept. 19, 2014; amended Aug. 14, 2026.)

Kan. Admin. Regs. § 9-3-7 Fees.

Kansas Administrative Regulations

Kansas Department of Agriculture—

Division of Animal Health

Article 3.—Swine Brucellosis and Cervids

9-3-7. Fees.

(a) Each applicant for an annual domesticated cervid permit issued pursuant to K.S.A. 47-2101 et seq., and amendments thereto, shall pay one of the following application fees:

(1) For 1-19 domesticated cervids, $75.00;

(2) for 20-49 domesticated cervids, $125.00; or

(3) for 50 or more domesticated cervids, $175.00.

(b) Only those individuals with a current domesticated cervid permit may possess live domesticated cervids. A permit is not required of non-owner haulers transporting cervids for immediate slaughter, so long as the originating owner has a valid permit.

(c) Each applicant shall submit the application for a domesticated cervid permit at least 30 days before taking possession of any domesticated cervid.

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History

History: (Authorized by and implementing K.S.A. 2025 Supp. 47-2101; effective Sept. 19, 2014; amended Aug. 14, 2026.)

Kan. Admin. Regs. § 9-3-8 Records.

Kansas Administrative Regulations

Kansas Department of Agriculture—

Division of Animal Health

Article 3.—Swine Brucellosis and Cervids

9-3-8. Records.

Each holder of a domesticated cervid permit shall submit as part of their annual cervid permit application, the species of cervids on the premises and the total number for each one of the species.

Each holder of a domesticated cervid permit shall maintain records for each domesticated cervid purchased, acquired, held, transported, sold, or disposed of in any other manner. Each cervid, regardless of age, that enters a herd or leaves a herd for any purpose shall have official identification before change of ownership or prior to movement from the premises. The records shall be held for at least five years after the animal dies or leaves the premises and shall include the following information:

(a)(1) The name and either the residential or business address of the person from whom each domesticated cervid was acquired; and

(2) the geographic location from which each domesticated cervid was acquired, if this location is different from the residential or business address in paragraph (a)(1);

(b) the date each domesticated cervid was acquired or, if born on the premises, the year of birth of the domesticated cervid;

(1) The species or breed;

(2) the age;

(3) all official identification numbers;

(4) the sex; and

(5) any other significant identification for that animal, including any additional identification numbers associated with the animal.

(d) for cervids destined for Kansas facilities:

(1) The name, domesticated cervid permit number, and either the residential or business address of the person to whom any domesticated cervid is sold, given, or bartered or to whom the domesticated cervid is otherwise delivered;

(2) the geographic location to which the domesticated cervid is delivered, if this location is different from the residential or business address in paragraph (d)(1); and

(3) the date each domesticated cervid was moved; and

(e) if the domesticated cervid dies, is euthanized, or is slaughtered, the following additional information:

(1) The date of the death of the animal;

(2) the cause of death of the animal; and

(3) the method of disposition of the animal.

(f) For intrastate purposes, copies of DCMN submitted to the Kansas department of agriculture shall suffice to meet the information required in subsection (a), (b), (c), (d), and (e).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2025 Supp. 47-2101; effective Sept. 19, 2014; amended Aug. 14, 2026.)

Kan. Admin. Regs. § 9-3-9 Certificate of veterinary inspection; importation and intrastate movement requirements and permits.

Kansas Administrative Regulations

Kansas Department of Agriculture—

Division of Animal Health

Article 3.—Swine Brucellosis and Cervids

9-3-9. Certificate of veterinary inspection; importation and intrastate movement requirements and permits.

(a) Each cervid imported into Kansas shall be identified with official identification and shall be accompanied by a certificate of veterinary inspection.

(b) Each individual importing a cervid into Kansas shall obtain an import permit from the Kansas department of agriculture, division of animal health before the cervid enters Kansas. The cervid shall not be allowed entry into Kansas without this permit.

(c) Each cervid imported into Kansas of the genera Odocoileus, Cervus, and Alces, including whitetail deer, mule deer, black-tailed deer and associated subspecies, North American elk (wapiti), red deer, sika deer, moose, and any hybrids of these species, and the genera Rangifer, including reindeer and caribou, regardless of age, imported into Kansas but not moving directly to a licensed slaughter establishment within Kansas shall originate and move directly from a herd with CWD herd certified status in the APHIS CWD herd certification program or an equivalent program administered by the office of the state veterinarian in the state of origin.

Muntjacs, Père David's deer, fallow deer, and axis deer shall be exempt from the monitoring requirements for CWD in K.A.R. 9-3-15 and 9-3-16. Other cervid species may be exempted by the commissioner if the species are determined by APHIS to be nonsusceptible to CWD.

(d) All cervids originating from an area identified by APHIS as a designated surveillance area shall be prohibited entry into Kansas.

(e) Each domesticated cervid, except nursing young under four months of age and accompanied by their dam, that is entering Kansas, is not from a herd accredited by APHIS to be TB-free, and is not moving directly to a licensed slaughter establishment in Kansas shall be required to test negative for TB, using an approved test administered twice at least 90 days apart. The first test shall be administered no more than 180 days before entry into Kansas, and the second test shall be administered no more than 90 days before entry.

(f) Any imported cervid may be quarantined for a retest for TB by order of the commissioner.

(g) Each domesticated cervid, alive or dead, transported within the state of Kansas shall be accompanied by a completed domesticated cervid movement notice (DCMN). Both the originating owner and receiver of live cervids, shall possess a current domesticated cervid permit. The permit requirement does not apply to the shipper in cases where the movement is intended for immediate slaughter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607, K.S.A. 47-607d, and K.S.A. 2025 Supp. 47-2101; implementing K.S.A. 47-607, K.S.A. 47-607a, and K.S.A. 2025 Supp. 47-2101; effective Sept. 19, 2014; amended March 10, 2017; amended Nov. 13, 2020; amended Aug. 14, 2026.)

Kan. Admin. Regs. § 9-3-10 Brucellosis

(a) Any adult domesticated cervid known or suspected to have been exposed to brucellosis may be quarantined for a test or retest for brucellosis by order of the commissioner.

(b) The owner of any domesticated cervid herd infected with brucellosis shall take either of the following steps:

(1) Quarantine and depopulate the herd; or

(2) quarantine the herd until a herd plan to eradicate brucellosis from the infected herd has been completed.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2016 Supp. 47-610; implementing K.S.A. 2016 Supp. 47-610 and K.S.A. 47-614; effective Sept. 19, 2014; amended March 10, 2017.)

Kan. Admin. Regs. § 9-3-11 Tuberculosis.

Kansas Administrative Regulations

Kansas Department of Agriculture—

Division of Animal Health

Article 3.—Swine Brucellosis and Cervids

9-3-11. Tuberculosis.

(a) The following portions of the document titled ‘‘bovine tuberculosis eradication: uniform methods and rules, effective January 22, 1999,’’ published by APHIS, are hereby adopted by reference:

(1) Part I, except the definitions of ‘‘affected herd,’’ ‘‘approved laboratory,’’ ‘‘herd,’’ and ‘‘individual herd plan’’;

(2) part II, except II.A and II.K.3;

(3) part IV;

(4) part VI; and

(5) appendix 1.

(b) All testing and sample collection for the testing of TB in cervids shall be conducted by a licensed and accredited veterinarian in the state of origin who has been certified by APHIS to conduct TB testing in cervids.

(1) Quarantine and depopulate the herd; or

(2) quarantine the herd until a herd plan to eradicate TB from the infected herd has been completed.

(d) Any imported cervid may be quarantined for a test for TB by order of the commissioner. The test shall be at the owner’s expense.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d and 47-610; implementing K.S.A. 47-607, 47-610, 47-631, and 47-634; effective Sept. 19, 2014; amended Aug. 14, 2026.)

Kan. Admin. Regs. § 9-3-12 Confinement, handling, and health.

Kansas Administrative Regulations

Kansas Department of Agriculture—

Division of Animal Health

Article 3.—Swine Brucellosis and Cervids

9-3-12. Confinement, handling, and health.

(a) Perimeter fencing. Each owner shall confine domesticated cervids with perimeter fencing, which shall meet the following requirements:

(1) Provide a barrier that prevents the escape of the domesticated cervids confined within and prevents the entry of wild cervids from outside the fenced area;

(2) be structurally sound;

(3) be in good repair; and

(4) be of sufficient height to prevent escape, but not less than eight feet for elk, red deer, whitetail deer, moose, mule deer and all herds enrolled in the CWD HCP and not less than six feet for all other types of domesticated cervid. Any perimeter fencing constructed before January 23, 1998 that does not meet the height requirements in this paragraph may be utilized subject to written approval of the commissioner. All new fencing constructed on these premises shall meet the requirements of this paragraph.

(b) Facilities.

(1) Each owner shall provide handling facilities, which, when used in conjunction with herd management practices and chemical restraint, shall be adequate to allow each domesticated cervid to be physically handled without compromising the safety of the domesticated cervid or the handler.

(2) Each access lane and catch pen shall be constructed of materials and shall be of a design adequate to safely contain domesticated cervids for any inspection, identification, testing, quarantine, or other action required by the commissioner.

(1) Clean water;

(2) adequate feed;

(3) adequate shelter, natural or otherwise, to meet the needs of the animal; and

(4) protection from predators.

(d) Health. Each owner or handler of domesticated cervids shall meet the requirements of all federal and state regulations for contagious and communicable diseases.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2025 Supp. 47-2101; effective Sept. 19, 2014; amended Aug. 14, 2026.)

Kan. Admin. Regs. § 9-3-13 Escaped domesticated cervids

(a) The owner of any domesticated cervid that has escaped confinement shall report the animal as missing to the commissioner within 48 hours of noticing the animal missing. This report shall include the following information:

(1) The breed or species of cervid that has escaped;

(2) the sex of the escaped animal;

(3) the date the animal was found to be missing;

(4) the official identification of the animal; and

(5) any secondary identification on the animal, including plastic tags and brands.

(b) The owner of an escaped domesticated cervid shall bear the cost of recovering that animal.

(c) The following types of domesticated cervids shall be immediately destroyed without compensation to the owner upon the order of the commissioner:

(1) Any escaped domesticated cervid from a herd that is quarantined because the herd is infected with or has been exposed to any infectious or contagious disease; or

(2) any escaped domesticated cervid that is deemed by the commissioner to constitute a hazard to livestock or wildlife through the spread of disease.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2013 Supp. 47-610 and 47-2101; implementing K.S.A. 2013 Supp. 47-610, K.S.A. 47-614, and K.S.A. 2013 Supp. 47-2101; effective Sept. 19, 2014.)

Kan. Admin. Regs. § 9-3-14 Handling, care, treatment, and transportation

The following portions of 9 C.F.R. part 3, as in effect on January 1, 2013, as applied to cervids, are hereby adopted by reference:

(a) Secs. 3.125 through 3.133, except sec. 3.127(d); and

(b) secs. 3.136 through 3.142, except that in sec. 3.136(c), "a veterinarian accredited by this Department" shall be replaced by "a veterinarian accredited by APHIS," and "part 160 of this title" shall be replaced by "9 C.F.R. Part 160."

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2013 Supp. 47-610 and 47-2101; effective Sept. 19, 2014.)

Kan. Admin. Regs. § 9-3-15 Participation in the chronic wasting disease monitoring program.

Kansas Administrative Regulations

Kansas Department of Agriculture—

Division of Animal Health

Article 3.—Swine Brucellosis and Cervids

9-3-15. Participation in the chronic wasting disease herd certification program.

(a) Each participating herd shall be maintained or held only on premises for which a current domesticated cervid permit has been issued by the commissioner. If a herd owner wishes to maintain separate herds, the herd owner shall maintain separate herd inventories, records, working facilities, water sources, equipment, and land use. There shall be a buffer zone of at least 30 feet between the perimeter fencing around each separate herd, and no commingling may occur. Movement between herds shall be recorded as if the herds were separately owned.

(b) Each application for enrollment of a herd in the CWD herd certification program shall be submitted on a form provided by the commissioner and shall include the following:

(1) Documentation that a current domesticated cervid permit has been issued to the owner of the premises on which the herd is held or maintained;

(2) a copy of an initial herd inventory, including:

(A)(i) Documentation of at least one form of official identification for each animal and one form of other visible identification; and

(ii) all cervids in the herd must be identified with both forms of identification by the time they are 12 months of age.

(B)(i) the name and either the residential or business address of the person from whom each domesticated cervid was acquired; and

(ii) the geographic location from which each domesticated cervid was acquired if this location is different from the residential or business address in K.A.R. 9-3-15(b)(2)(B)(i).

(C) the date each domesticated cervid was acquired or, if born on the premises, the year of birth of the domesticated cervid;

(D) a description of each domesticated cervid, including the following characteristics:

(i) The species or breed;

(ii) the age;

(iii) all official identification numbers;

(iv) the sex; and

(v) any other identification for that animal, including an ear tag, an ear tattoo, an ear notch, or any brands, scars or other permanent markings that help identify the animal.

(E) the name, domestic cervid permit number, and either the residential or business address of the person to whom any domesticated cervid is sold, given, or bartered or to whom the domesticated cervid is otherwise delivered;

(F) the geographic location to which the domesticated cervid is delivered, if this location is different from the residential or business address in K.A.R. 9-3-15(b)(2)(E); and

(G) the date of the movement; and

(H) if the domesticated cervid dies, is euthanized, or is slaughtered, the following additional information:

(i) The date of the death of the animal;

(ii) the cause of death of the animal;

(iii) the method of disposition of the animal; and

(iv) a copy of CWD test results within seven days of receiving them from the laboratory.

(I) for intrastate purposes, copies of DCMN that were submitted to the Kansas department of agriculture may suffice to meet the information required in K.A.R. 9-3-15(b)(2)(A-G).

(J) adequate herd records and documentation of the history of the herd since it originated or over at least the previous 60 months, whichever is less, including the following:

(i) For each animal added to the herd, any available records documenting the herd status of the herd from which the animal was transferred; and

(ii) records establishing that no animal has displayed any clinical signs of CWD and that the herd has not had any CWD-positive animals.

(c) The date of the initial application into the CWD herd certification program shall be the anniversary date. On initial application, a herd inventory as listed in K.A.R. 9-3-15(b)(2), shall be completed and submitted by the owner and confirmed by means of visual inspection by a representative of the commissioner.

(d) An application accompanied by a herd inventory as listed in K.A.R. 9-3-15(b)(2), including all official identification and any other identification, shall be submitted annually and confirmed at annual inspection by an accredited veterinarian or by a representative of the commissioner. Each herd inventory shall be accurate, complete and reconciled with past inventories and shall be filed at least 11 months and no more than 13 months after the last anniversary date of the participating herd’s enrollment in the CWD-herd certification program. A physical inspection of the identification listed on the herd inventory shall be conducted and confirmed by an accredited veterinarian or by a representative of the commissioner at least once every three years.

(e) An approved test for CWD shall be administered to the carcass of each animal that is 12 months of age or older at the time the animal dies or is slaughtered, unless an exception is granted by the commissioner. Test samples shall be submitted within seven days of death. The herd owner or representative shall forward the final testing reports to the Kansas department of agriculture division of animal health within seven days of receipt by the owner.

(f) In the event of a missed test, a CWD risk assessment shall be done on the remaining herd and the commissioner shall determine how the herd’s CWD herd certification program status will be affected. Risk assessments should take into consideration:

(1) CWD status level of the herd;

(2) amount of surveillance testing that has been conducted;

(3) length of time the herd has met surveillance requirements; and

(4) number of tests that have been missed.

(g) Based on the results of the risk assessment, the commissioner may:

(1) Order ante-mortem CWD test results to replace a missed test result, provided that:

(A) Ante-mortem CWD tests will be performed upon agreement with the herd owner;

(B) ante-mortem CWD tests will be performed at the expense of the herd owner; and

(C) ante-mortem CWD testing shall consist of testing up to five head of like and representative animals for each test that was missed.

(2) order euthanasia of a representative herd mate to replace a missed test; or

(3) provide exceptions for isolated incidents or mass mortality events.

(h) The first occurrence of a missed test within a herd resulting from collection of inappropriate tissues or lack of one of the required sample locations that was collected by a licensed veterinarian, state or federal agency representative shall not result in assessment of penalties or reduction of herd status.

(i) For the purposes of a state risk assessment, upon agreement with the herd owner, the commissioner may request an ante-mortem CWD test of CWD-exposed animals, CWD-exposed herds, or CWD-positive herds. This may be accomplished either by owner pay or as appropriated funds are available.

(j) Failure to comply with this regulation shall result in a reduction or loss of herd status.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-610 and K.S.A. 2025 Supp. 47-2101; effective Sept. 19, 2014; amended Aug. 14, 2026.)

Kan. Admin. Regs. § 9-3-16 Program levels.

Kansas Administrative Regulations

Kansas Department of Agriculture—

Division of Animal Health

Article 3.—Swine Brucellosis and Cervids

9-3-16. CWD herd certification program levels.

(a) Each participating herd shall be assigned herd status based on the herd owner’s compliance with K.A.R. 9-3-15. Herd status shall be reassigned based on the herd status of each herd from which the participating herd has received any animal.

(b) When a herd is first enrolled in the CWD herd certification program, the herd will be placed in first year status. Except that, if the herd is composed solely of animals obtained from herds already enrolled in the CWD herd certification program, the newly enrolled herd will have the same status as the lowest status of any herd that provided animals for the new herd. If the herd continues to meet the requirements of the CWD herd certification program, the herd status will increase by one year on the anniversary of the enrollment date.

(c) Application for renewal and advancement within the CWD herd certification program shall be yearly as described in K.A.R. 9-3-15. Each herd meeting the requirements of K.A.R. 9-3-15 shall advance one year in herd status for every year during which these requirements are met. One year from the date a herd is placed in fifth-year status, the herd status will be changed to certified. A herd shall remain in certified status as long as it is enrolled in the CWD herd certification program, provided the herd’s status is not lost, suspended, or reduced as a result of non-compliance with K.A.R. 9-3-15.

(d) Each herd that receives any animals from a herd of lesser herd status shall drop to the lowest level of herd status of the animals received. If a participating herd receives any animals of unknown or no herd status, then the herd status of the participating herd shall be reduced to first-year status.

(e) If a herd is designated a CWD-positive herd or a CWD-exposed herd, the herd will immediately lose its CWD herd certification program status and may only reenroll after entering into a herd plan.

(f) If a herd is designated a CWD-suspect herd, a trace-back herd, or a trace-forward herd, the herd will immediately be placed in suspended status pending an epidemiologic investigation by APHIS or a state animal health agency. If the epidemiologic investigation determines that the herd was not commingled with a CWD-positive animal, the herd will be reinstated to its former CWD herd certification program status. The time spent in suspended status shall count toward the herd’s promotion to the next herd status level.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-610 and K.S.A. 2025 Supp. 47-2101; effective Sept. 19, 2014; amended Aug. 14, 2026.)

Kan. Admin. Regs. § 9-3-17 CWD-infected herds.

Kansas Administrative Regulations

Kansas Department of Agriculture—

Division of Animal Health

Article 3.—Swine Brucellosis and Cervids

9-3-17. CWD-positive herds.

Each CWD-positive herd shall be subject to the following requirements:

(a) A herd quarantine shall be issued by the commissioner immediately after receiving a report from an approved laboratory of a positive test for CWD in an animal from a herd;

(b) A herd plan shall be initiated by the owner and a representative of the commissioner within 21 days of the date the herd quarantine is issued. Once developed, the herd plan shall be approved by the owner, the state APHIS representative, and the commissioner.

(1) A herd plan shall:

(A) Specify the means of identification of each animal in the herd;

(B) require regular inspection of the herd by a veterinarian for clinical signs of disease;

(C) require reporting to the Kansas animal health commissioner or APHIS officials of any clinical signs of a central nervous system disease or chronic wasting condition in the herd;

(D) require record keeping of all animal movements into and from the herd, all deaths and cause of death;

(E) require CWD testing of all mortalities six months of age or older;

(F) detail how animal movement into and from the herd may occur; and

(G) have a duration of no more than 60 months from the last contact with any CWD-positive, CWD-exposed, or CWD-suspect animal.

(2) A herd plan may include but not limited to:

(A) Requirements for complete or partial depopulation of the herd;

(B) specific requirements for a duration of time during which a premises may not contain CWD-susceptible species after CWD-positive, CWD-exposed, or CWD-suspect animals are removed from the premises;

(D) requirements for fencing.

(3) A herd plan may be reviewed and changes to it suggested at any time by any signatory party in response to changes to the herd situation or premises or improvements in understanding of the nature of CWD epidemiology or techniques to prevent its spread. The revised herd plan shall become effective after it is reviewed and approved by the commissioner, the assigned USDA representative, and the herd owner.

(d) The herd owner may request testing of the CWD-positive sample to determine the CWD strain at the expense of the owner;

(e) If state indemnity funds are not available or prioritized, the commissioner may consider alternatives, including use of ante-mortem testing;

(f) Each domesticated cervid permittee shall notify the commissioner of the death of any animal in a CWD-positive herd. The notice shall be given to the commissioner within 24 hours of the discovery of the animal’s death. An approved test shall be administered by a designee of the commissioner to the carcass of each animal in the CWD-positive herd that dies;

(g) If an animal in a CWD-positive herd shows symptomatic or clinical signs of CWD, the domesticated cervid permittee shall notify the commissioner. The animal shall be euthanized and administered an approved test by a designee of the commissioner;

(h) The carcasses from each CWD-positive or CWD suspect herd shall be disposed of only by a method and at a site approved by the commissioner. In the event a complete herd depopulation is implemented, the carcasses shall be disposed of only by a method and at a site approved by the commissioner and, if required by Kansas department of health and environment rules and regulations, the secretary of the Kansas department of health and environment or the secretary’s designee; and

(i) The quarantine on the CWD-positive herd shall be removed after five consecutive years in which there are no animals in the CWD-positive herd with any clinical signs of CWD and no positive results on an approved test and the requirements of the herd plan have been met. The owner of a CWD-positive herd may apply to reenroll the herd in the CWD herd certification program with a year-five herd status.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610 and K.S.A. 2025 Supp. 47-2101; implementing K.S.A. 47-610, K.S.A. 47-614, K.S.A. 47-622 and K.S.A. 2025 Supp. 47-2101; effective Sept. 19, 2014; amended Aug. 14, 2026.)

Article 4 Disposal Plants

Kan. Admin. Regs. § 9-4-1 Definitions

(a) "Commissioner" means the livestock sanitary commissioner of the state of Kansas.

(b) "Inedible meat" means meat and meat products derived from dead, dying, disabled, diseased, or condemned animals, or animals whose meat or meat products are otherwise unsuitable for human consumption, and shall include meat or meat products regardless of origin which have deteriorated so far as to be unfit for human consumption.

(c) "Decharacterization" means the uniform application of sufficient quantities of dye, charcoal, malodorous fish oil, acid or any other agent approved by the commissioner, upon and into freshly slashed flesh, or inedible meat, so as to unequivocally preclude its use in human food.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610, 47-1215; effective Jan. 1, 1968.)

Kan. Admin. Regs. § 9-4-2 Inedible meats

Inedible meats, (except hides, meat meal, or bone meal, being shipped from a disposal plant) shall be packed in type of container approved by the commissioner. The container so used, shall be clearly marked or stamped with the legend "unfit for human consumption." Lettering used in the legend shall be at least as large as any other lettering on the container, and in no event shall the lettering in the legend, be smaller than one-half inch in height or less than one-half inch in width. Master containers or cartons shall not exceed 100 pounds.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610 and 47-1215; effective Jan. 1, 1968.)

Kan. Admin. Regs. § 9-4-3 Handling of inedible meats; identification and decharacterization

Inedible meats, placed into overnight cooler storage, shall be readily identified as an inedible product, by the direct application of green ink, or by the direct application of charcoal, to the exposed exterior surfaces of the carcasses, or major parts, in sufficient amounts to clearly identify it as an inedible product.

Boned meat shall be ground, or shall be in small pieces not more than four inches in diameter. Boned meat may be processed in pieces larger than four inches in diameter if such pieces are promptly slashed at no more than two-inch intervals, and if an approved denaturing agent is promptly and freely applied to all outside and slashed surfaces.

Application of any denaturing agent to the outside surface of molds, or to outside of blocks, of boned inedible meats shall not be adequate. The denaturing agent shall be mixed intimately with all inedible meats sought to be denatured. Sufficient denaturant shall be used to give the inedible meats, so distinctive a color, odor, or taste, that it is not susceptible of being confused with any article for human food.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610 and 47-1215; effective Jan. 1, 1968.)

Kan. Admin. Regs. § 9-4-4 Records

Each disposal plant operator shall maintain complete and accurate records as to amount of inedible meats denatured, the amount sold, to whom sold, the address of the consignee, and how and by whom hauled. Such records shall be open to inspection by the commissioner, or his authorized agent, at all times during the normal working hours at such establishment.

Copies of invoices of all sales shall be forwarded to the commissioner, not later than the 10th of each month, covering the previous month's transactions.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610 and 47-1215; effective Jan. 1, 1968.)

Kan. Admin. Regs. § 9-4-5 Sales of inedible meats; registration

Inedible meat products (1) may be sold, when properly decharacterized, for shipment directly to a plant producing dog food, or (2) may be sold to a person for use in feeding dogs, pets, mink or other animals, as allowed by the commissioner. A disposal operator shall register with the commissioner, before he engages in the business of selling inedible meats. This registration shall be in writing. After the disposal plant operator (1) has made application for registration to engage in such activity, and (2) has informed the commissioner where the inedible meats are to be sold, and (3) has had his disposal plant inspected, and (4) such plant has been determined to be adequate to process and handle inedible meats, the commissioner may issue a registration certificate to the applicant.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610 and 47-1215; effective Jan. 1, 1968.)

Kan. Admin. Regs. § 9-4-6 Exemptions

Disposal plants operating under federal inspection are exempt from the application of these regulations.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610 and 47-1215; effective Jan. 1, 1968.)

Article 5 Garbage Feeding

Kan. Admin. Regs. § 9-5-1 Movement or sale of garbage fed hogs

All swine fed garbage or slaughter house refuse shall be so fed and handled under quarantine. It shall be unlawful to move or sell any animals which have been fed garbage or slaughter house refuse, unless such garbage or slaughter house refuse has been adequately cooked. Such animals, so fed, only may be lawfully moved or lawfully sold, if accompanied by an official inspection certificate and permit, authorizing such movement or sale and a quarantine release. Such certificate and permit shall be executed by the livestock sanitary commissioner, or by his approved representative.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610 and 47-1304; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-5-2 Receiving, purchasing or slaughtering animals fed garbage or slaughter house refuse

It shall be unlawful for any person, knowingly, to receive or to purchase from another, or to slaughter any animal which has been fed garbage or slaughter house refuse; unless such animal has been fed garbage or cooked slaughter house refuse which has been adequately cooked and is accompanied by health certificate, permit, and quarantine release. Animals so fed may be lawfully received, if accompanied by an inspection certificate, permit, and quarantine release issued by the livestock sanitary commissioner, or by his approved representative, within 48 hours, prior to the delivery of such animals.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610 and 47-1304; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-5-3 Destruction of diseased swine: indemnity

Swine that develop the disease of vesicular exanthema shall be slaughtered under directive of the livestock sanitary commissioner, or shall be otherwise disposed of under supervision of the federal agricultural research service (ARS) and processed in a manner determined and approved by such agency. Such animals shall be appraised, and indemnity shall be paid as provided by law, insofar as funds for the purpose are available. Swine fed uncooked garbage or uncooked slaughter house refuse shall not be eligible for indemnity payments. Any owner of swine who had failed to comply with any or all laws and regulations in regard to feeding cooked garbage, any person who has violated any quarantine or other regulation invoked to control and eradicate vesicular exanthema, shall not be eligible for indemnity payments.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610 and 47-1304; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-5-4 Feeding platforms and other feeding equipment

It shall be unlawful for any person to feed cooked garbage or cooked slaughter house refuse to animals, except on a feeding platform constructed of concrete or other approved impervious material. Curbs or feeding troughs shall be provided to confine all refuse to the platform.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610 and 47-1304; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-5-5 Disposal of materials removed from feeding platforms

Feeding platforms and troughs shall be cleaned daily, or frequently enough to maintain sanitary conditions as required by the livestock sanitary commissioner. It shall be unlawful for anyone to dispose of materials cleaned or removed from a feeding platform, used for feeding cooked garbage or cooked slaughter house refuse, except into a place and in a manner approved by the livestock sanitary commissioner.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610 and 47-1304; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-5-6 Veterinarian inspectors to supervise garbage and refuse feeding operations

It shall be unlawful for anyone to feed cooked garbage or cooked slaughter house refuse to animals which will be offered for sale or for slaughter, without first having obtained the approval of the livestock sanitary commissioner, or a veterinarian employed by the owner of such animals, for purposes of supervising the health and release for sale or for slaughter of animals being so fed.

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History

History: (Authorized by K.S.A. 47-610 and 47-1304; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-5-7 Heating requirements

All garbage and packing house refuse which is cooked for feeding to animals shall be cooked in a mixture with water, with the water to be added in such quantity as to equal one-third the depth of the garbage and refuse at the time the cooking process is started. This mixture shall be heated to the boiling point, and shall be held at the boiling point for 30 minutes.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610 and 47-1304; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-5-8 Records

All persons feeding cooked garbage or cooked slaughter house refuse shall keep a record, showing the number of all animals added to the herd; the date of such additions; number of all animals removed; the destination of all animals removed; and the date of such removal. A copy of the approved inspector's certificate, and permit for removal and quarantine release shall be kept with and as a part of such records. All such records shall be available to the livestock sanitary commissioner, or his representative, for inspection at all times.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610 and 47-1304; effective Jan. 1, 1966.)

Article 6 Hog Cholera

Kan. Admin. Regs. § 9-6-1 Reportable disease

Hog cholera is hereby recognized as an infectious and contagious disease which shall be reported to the state livestock sanitary commissioner when diagnosed or suspected.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610, 47-629; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-6-2 Quarantine requirements

All swine in herds where hog cholera is diagnosed by any veterinarian shall be placed under herd quarantine.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610, 47-629; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-6-3 Supervision of quarantined herds

All swine, which have been quarantined for hog cholera in herds or otherwise, shall be under the supervision of the state livestock commissioner, or his authorized representative, until released from such quarantine.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610; effective Jan. 1, 1966; amended Jan. 1, 1970.)

Kan. Admin. Regs. § 9-6-4 Disinfection of premises

Buildings, pens and enclosures, in which swine have been held under quarantine for hog cholera, shall be cleaned and disinfected with an approved disinfectant, after evidence that hog cholera has been eliminated.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610, 47-629; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-6-6 Movement to slaughter

All swine moved to slaughter from hog cholera quarantined herds shall be moved in a manner approved by the livestock commissioner of Kansas.

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History

History: (Authorized by K.S.A. 47-610; effective Jan. 1, 1968; amended Jan. 1, 1970.)

Kan. Admin. Regs. § 9-6-7 Hog cholera modified live virus

The sale or use of hog cholera modified live virus vaccines is prohibited in the state of Kansas.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-629, 47-653b; effective, E-68-25, Aug. 9, 1968; effective Jan. 1, 1969; amended Jan. 1, 1970; amended Jan. 1, 1974.)

Kan. Admin. Regs. § 9-6-8 Inactivated hog cholera vaccines

The sale of or the use of inactivated hog cholera virus vaccine in the state of Kansas is prohibited.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610, 47-629, K.S.A. 1968 Supp. 47-653b; effective, E-68-25, Aug. 9, 1968; effective Jan. 1, 1969.)

Kan. Admin. Regs. § 9-6-9 Vaccination with serum alone

When serum alone is used for prophylaxis, swine vaccinated at public livestock markets in Kansas, and swine vaccinated in Kansas for interstate shipment, or swine vaccinated for shipment into the state of Kansas, shall be injected with the amount of anti hog cholera serum or the amount of antibody concentrate as hereinafter stated.

Provided, Each animal weighing under 20 pounds shall be injected with a dosage of serum of not to exceed 1 cubic centimeter per pound of body weight or with a dosage of antibody concentrate of not to exceed ½ cubic centimeter per pound of body weight.

***** Authenticated Kansas Administrative Regulation *****

Weight of swine in pounds | Minimum dose of serum | Minimum dose of antibody concentrate Under 60 pounds | 20 cc | 10 cc 60-120 pounds | 30 cc | 15 cc Over 120 pounds | 40 cc | 20 cc

History

History: (Authorized by K.S.A. 47-610, 47-629, K.S.A. 1968 Supp. 47-653b; effective, E-68-25, Aug. 9, 1968; effective Jan. 1, 1969.)

Article 7 Movement of Livestock Into or Through Kansas

Kan. Admin. Regs. § 9-7-1 General

(a) Livestock and exotic animals shall not be imported into Kansas except in accordance with the laws and regulations of Kansas, and of the United States department of agriculture.

(b) Except as specified in subsection (c), livestock and exotic animals shall not be imported into Kansas without a certificate of veterinary inspection issued by a licensed, accredited veterinarian in the state of origin. If a permit is required, each permit number shall be shown on the certificate of veterinary inspection.

(c) Livestock and exotic animals may be imported without a certificate of veterinary inspection directly to any of the following:

(1) A Kansas-approved or United States department of agriculture-approved slaughter establishment for immediate slaughter;

(2) a United States department of agriculture-approved public livestock market for sale;

(3) a Kansas premises based on a special permit pursuant to K.S.A. 47-607a, and amendments thereto, or movement agreement approved by the animal health commissioner before movement of any livestock or exotic animal; or

(4) a Kansas premises when moving livestock or exotic animals between Kansas and an adjacent county in an adjacent state without a change in ownership or commingling of livestock or exotic animals when accompanied by a statement documenting ownership, date of movement, point of origin, and point of destination. Each owner shall retain a copy of the statement for five years from the date of movement.

(d) A copy of the certificate of veterinary inspection as required in subsection (b) shall accompany the livestock or exotic animals to the final destination.

(e) The following records shall be considered records obtained by the animal health commissioner to develop and implement a voluntary premises registration and animal identification and tracking system for Kansas:

(1) Movement records;

(2) diagnostic laboratory results;

(3) vaccination records;

(4) tag distribution records;

(5) livestock market official identification information;

(6) enhanced biosecurity plan information; and

(7) any other records deemed necessary by the animal health commissioner.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d, 47-610, 47-674, and 47-1832; implementing K.S.A. 47-607, 47-620, and 47-674; effective Jan. 1, 1966; amended Jan. 1, 1971; amended Jan. 1, 1974; amended, E-76-28, Aug. 15, 1975; amended May 1, 1976; amended May 1, 1980; amended May 1, 1982; amended Jan. 3, 2025.)

Kan. Admin. Regs. § 9-7-2 Health certificates

(a) Livestock moved into Kansas, except as specifically exempted, shall be accompanied by an official interstate health certificate and completed in a manner approved by the livestock commissioner of Kansas.

(b) A copy of the health certificate, required for livestock imported into Kansas, shall be submitted to the livestock official of the state of origin for his or her approval, and shall be forwarded to the livestock commissioner of Kansas.

(c) Livestock imported into Kansas, other than by railroad, shall clear through a Kansas motor carrier inspection station. Health certificates are required for motor carrier inspection station clearance. Two copies of the certificates shall be supplied, one copy for the motor carrier inspection station attendant and one copy for the owner of the livestock.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d, 47-610, 47-620; implementing K.S.A. 47-607; effective Jan. 1, 1966; amended Jan. 1, 1971; amended May 1, 1982.)

Kan. Admin. Regs. § 9-7-3 Livestock permits required

(a) Before any of the following types of livestock are imported into the state of Kansas, the veterinarian in the state of origin who issues the health certificate shall obtain a permit from the Kansas livestock commissioner:

(1) all cattle originating from Mexico;

(2) calves under 60 days of age that are not accompanied by their dams;

(3) all swine;

(4) all rodeo stock, as defined by K.A.R. 9-7-18(e);

(5) all cattle, bison, or elk originating from within Yellowstone national park or from within a 20-mile zone surrounding Yellowstone national park;

(6) all live, owned cervidae; and

(7) livestock imported from areas where a specific disease exists.

(b) The permit shall be issued to the veterinarian in the state of origin who issues the health certificate. The permit number shall be shown on the health certificate.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d and 47-610; implementing K.S.A. 1996 Supp. 47-607; effective Jan. 1, 1966; amended, E-76-28, Aug. 15, 1975; amended May 1, 1976; amended May 1, 1982; amended Jan. 23, 1998.)

Kan. Admin. Regs. § 9-7-4 Tuberculosis and brucellosis in cattle

(a) Tuberculosis.

(1) Breeding cattle six months of age and over shall not be imported into Kansas unless accompanied by an official health certificate showing that the cattle meet the following requirements:

(A) Originated in a herd accredited to be tuberculosis-free;

(B) originated in a tuberculosis-free state; or

(2) Dairy cattle that are used for breeding and are six months of age or older shall originate from a herd accredited to be tuberculosis-free or shall be tested negative for tuberculosis within 60 days before entry.

(b) Brucellosis.

(1) Brucellosis tests, regardless of method, shall be conducted at a laboratory approved by the United States department of agriculture, animal and plant health inspection service (APHIS).

(2) Breeding cattle six months of age or over imported into Kansas shall meet interstate requirements according to state certification, as outlined in chapter 2 of the United States department of agriculture's document titled "brucellosis eradication: uniform methods and rules, effective October 1, 2003," APHIS publication 91-45-013. The following portions of this document, which shall apply to only this subsection, are hereby adopted by reference:

(A) In chapter 1, part I; and

(B) chapter 2.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2015 Supp. 47-607d, 47-610, and 47-657; implementing K.S.A. 2015 Supp. 47-607, 47-610, and 47-657; effective Jan. 1, 1966; amended Jan. 1, 1971; amended Jan. 1, 1974; amended, E-76-28, Aug. 15, 1975; amended May 1, 1976; amended May 1, 1982; amended, T-9-5-12-10, May 12, 2010; amended Sept. 24, 2010; amended Oct. 4, 2013; amended May 27, 2016.)

Kan. Admin. Regs. § 9-7-4a Trichomoniasis in cattle

(a) Definitions. For the purposes of this regulation, each of the following terms shall have the meaning specified in this subsection:

(1) "Approved laboratory" means any laboratory designated and approved by the commissioner for performing official Tritrichomonas foetus PCR tests.

(2) "Certified negative Tritrichomonas foetus bull" means a bull that is individually identified by an official identification method approved by the commissioner and meets one of the following requirements:

(A) Originates from a herd that is not known to be infected and, following at least 14 days of sexual rest before sampling and testing, has had a negative official Tritrichomonas foetus PCR test result within the last 60 days, with no subsequent exposure to female bovine; or

(B) originates from a positive Tritrichomonas foetus herd but, following at least 14 days of sexual rest before sampling and testing, has had a series of two negative official Tritrichomonas foetus PCR test results at intervals of at least 14 days, with the second test occurring within the last 60 days, with no subsequent exposure to female bovine.

(3) "Commissioner" means the animal health commissioner of the Kansas department of agriculture.

(4) "Herd" means a group of both sexually intact male animals and sexually intact female animals under common ownership or control and consisting of all bovines over 12 months of age at the time of commingling that have commingled for any period of time during the last 12 months.

(5) "Official positive trichomoniasis infection identification tag" means an individual identification tag approved by the commissioner and signifying that an animal is trichomoniasis-infected.

(6) "Official Tritrichomonas foetus PCR test" means a polymerase chain reaction test method approved by the commissioner that detects, through in vitro amplification, the presence of Tritrichomonas foetus deoxyribonucleic acid (DNA). Each official Tritrichomonas foetus PCR test shall be performed only on an animal that is individually identified by an official identification method approved by the commissioner. Each sample shall be collected using a test kit system approved by the commissioner, packaged and transported according to the approved laboratory's protocol for the transport of specimens, and collected by a veterinarian who has completed trichomoniasis training. This training shall be approved by the commissioner; include preputial sampling, sample handling and shipping, appropriate recordkeeping, and official animal identification; and be repeated every five years.

(7) "Positive Tritrichomonas foetus bull" means a bull that has had a positive official Tritrichomonas foetus PCR test.

(8) "Positive Tritrichomonas foetus herd" means either of the following:

(A) A herd in which any male or female animal has had a positive diagnosis for Tritrichomonas foetus; or

(B) a herd that has commingled for any period of time during the last 12 months with another herd, or portion thereof, from which an animal has had a positive diagnosis for Tritrichomonas foetus. The herd, or a portion thereof, shall no longer be classified as a positive Tritrichomonas foetus herd once any trichomoniasis quarantine has been lifted for the herd or that portion of the herd.

(9) "Trichomoniasis-infected bovine" means a bovine that has tested positive on an official Tritrichomonas foetus PCR test.

(10) "Trichomoniasis quarantine" means a movement restriction issued by the commissioner and placed on all cattle in a positive Tritrichomonas foetus herd. This restriction shall specify the identity of the animals and the premises to which the animals shall be confined.

(b) Importation of male bovines into Kansas.

(1) Bulls shall not be imported into Kansas from another state unless they go directly to a licensed slaughter plant or an approved Kansas livestock market to be sold for slaughter, or for feeding purposes and then to slaughter, or are accompanied by a completed certificate of veterinary inspection. The certificate of veterinary inspection shall meet the following requirements:

(A) Have been issued within the past 30 days;

(B) state whether, to the veterinarian's knowledge, trichomoniasis has or has not occurred in the herd of origin within the past two years; and

(C) for virgin bulls 18 months of age or younger, have attached to the certificate a statement signed by the veterinarian or owner or owner's representative and indicating that the bulls have not been sexually exposed to breeding-aged females.

(2) With the exception of bulls exempted in paragraph (b)(3), non-virgin bulls, bulls older than 18 months of age, and bulls of unknown virginity status shall not be imported into Kansas from another state for breeding purposes unless these bulls are certified negative Tritrichomonas foetus bulls. The inspecting veterinarian shall either attach a copy of the official Tritrichomonas foetus PCR test results to the certificate of veterinary inspection or provide the following information on the certificate: type of test, results of the test, accession number, and name and address of the testing laboratory.

(3) Each imported bull going to a sanctioned rodeo event or to a livestock show where the bull will be shown and then returned to the state of origin without being sexually exposed to any breeding-aged females shall be exempt from the requirements of paragraph (b)(2).

(c) Importation of female bovines into Kansas. Cows and heifers shall not be imported into Kansas from another state unless the cows and heifers go directly to a licensed slaughter plant or an approved Kansas livestock market to be sold for slaughter, or for feeding purposes and then to slaughter, or are accompanied by a completed certificate of veterinary inspection. The certificate of veterinary inspection shall meet the following requirements:

(1) Have been issued within the past 30 days; and

(2) except for cows or heifers imported into Kansas for a sanctioned rodeo event or a livestock show that will be shown and then returned to the state of origin without being sexually exposed to any bull while in Kansas, document that the cows and heifers meet at least one of the following conditions:

(A) Have a calf at side and no exposure since parturition to bulls other than certified negative Tritrichomonas foetus bulls;

(B) are at least 120 days pregnant;

(D) are documented to have had at least 120 days of sexual isolation;

(E) are heifers or cows exposed only to bulls that are certified negative Tritrichomonas foetus bulls;

(F) are purchased for feeding purposes only, with no exposure to bulls after entering Kansas; or

(G) are moving for the purpose of embryo transfer or other artificial reproduction procedure, with no exposure to bulls after entering Kansas.

(d) Intrastate movement of bulls.

(1) Except as provided in paragraphs (d)(2) and (d)(3), if any non-virgin bull, bull older than 18 months of age, or bull of unknown virginity status changes possession or ownership in Kansas by private sale, public sale, lease, trade, barter, or other method, that animal shall be a certified negative Tritrichomonas foetus bull at the time of the movement accompanying the change of ownership or possession.

(2) If an individual has a herd management plan to reduce risk of trichomoniasis that has been approved by the commissioner, virgin bulls 24 months of age or younger included within the approved herd management plan shall not be required to be certified negative Tritrichomonas foetus bulls when changing ownership in Kansas. However, non-virgin bulls, virgin bulls older than 24 months of age, and bulls of unknown virginity status shall be certified negative Tritrichomonas foetus bulls before movement with a change in possession or ownership in Kansas even if these bulls originate from a herd with an approved herd management plan.

(3) Each non-virgin bull, bull older than 18 months of age, and bull of unknown virginity status sold at a livestock market shall be a certified negative Tritrichomonas foetus bull, go directly to slaughter, or be purchased for feeding purposes only and then to slaughter.

(e) Trichomoniasis-infected bovines and herds.

(1) The sale, lease, or movement of a bovine from a positive Tritrichomonas foetus herd for reproductive purposes shall be prohibited while the bovine is under trichomoniasis quarantine.

(2) The owner or manager of a positive Tritrichomonas foetus herd shall inform the commissioner of the total number of bulls and the total number of sexually intact female cattle in the herd.

(3) Each trichomoniasis-infected bovine, and the entire positive Tritrichomonas foetus herd from which the bovine originates, shall be placed under trichomoniasis quarantine at the time of positive lab confirmation.

(4) Bulls from a positive Tritrichomonas foetus herd shall remain under trichomoniasis quarantine as follows:

(A) Each positive Tritrichomonas foetus bull shall be identified with an official positive trichomoniasis infection identification tag by a licensed veterinarian within seven days of the positive official Tritrichomonas foetus PCR test.

(B) Positive Tritrichomonas foetus bulls shall be sent directly to slaughter or to public livestock market to be sold for slaughter. Each bull shall have an official positive trichomoniasis infection identification tag before the bull is moved to slaughter or public livestock market.

(C) All other bulls in a positive Tritrichomonas foetus herd shall remain under trichomoniasis quarantine until one of the following conditions is met:

(i) The bulls have been declared certified negative Tritrichomonas foetus bulls.

(ii) The bulls are identified with an official positive trichomoniasis infection identification tag and sent directly to slaughter or to public livestock market to be sold for slaughter.

(D) The owner or manager of a positive Tritrichomonas foetus herd shall assist the commissioner in determining the destination of all non-virgin bulls and bulls of unknown virginity status sold during the 12 months before the diagnosis of trichomoniasis in the herd.

(5) Each reproductive bovine female from a positive Tritrichomonas foetus herd shall remain under trichomoniasis quarantine until one of the following conditions is met:

(A) The female is sold directly to slaughter.

(B) The female is sold or transferred directly to a feedyard for feeding purposes and then to slaughter.

(C) The female is sold through an approved livestock market to be sold for slaughter or for feeding purposes and then to slaughter.

(D) Each bull from the female's herd has been declared a certified negative Tritrichomonas foetus bull or has been identified with an official positive trichomoniasis infection identification tag and sent directly to slaughter or to public livestock market to be sold for slaughter, and the female meets one of the following conditions:

(i) Has a calf at side and has had no exposure since parturition to bulls other than bulls that are certified negative Tritrichomonas foetus bulls;

(ii) has documented 120 days of sexual isolation, except that breeding by artificial insemination with semen from a certified negative Tritrichomonas foetus bull shall be allowed during the isolation period; or

(iii) is determined by a licensed veterinarian to be at least 120 days pregnant.

(E) Regardless of the status of bulls from the positive Tritrichomonas foetus herd, the owner or manager of the female obtains a release from trichomoniasis quarantine from the commissioner by providing adequate information and assurances, to the satisfaction of the commissioner, that despite being part of the positive Tritrichomonas foetus herd, the female has had no exposure to trichomoniasis.

(6) Unless otherwise allowed by the commissioner, all quarantined bovine females moved from the original premises of trichomoniasis quarantine during the trichomoniasis quarantine period shall be identified with an official positive trichomoniasis infection identification tag.

(7) The owner or manager of a positive Tritrichomonas foetus herd shall assist the commissioner in determining the destination of all non-virgin female bovines sold during the 12 months before the diagnosis of trichomoniasis in the herd.

(f) Approved laboratory responsibilities. Each approved laboratory shall immediately report any Tritrichomonas foetus-positive specimen to the commissioner. Each report shall include the official identification device; brand; owner's name, address, and telephone number; and the submitting veterinarian's name, address, and telephone number.

(g) Self-reporting. The owner or manager of cattle who has reason to believe that at least one of those cattle is affected with trichomoniasis shall report this belief to the commissioner as required by K.S.A. 47-622, and amendments thereto, and K.A.R. 9-27-1.

(h) Stray bulls. Any stray bull found on public or private land, from a known or unknown herd of origin, may be confined and placed under a hold order until the bull has one or more official Tritrichomonas foetus PCR tests. Each test and the cost of holding the bull shall be the responsibility of the bull's owner. The conditions of the hold or trichomoniasis quarantine order and the number of tests shall be determined by the commissioner.

(i) Neighbor notification. The owner or manager, or both, of a positive Tritrichomonas foetus herd shall, within 14 days after lab confirmation of the diagnosis, submit to the commissioner a list of the names and contact information of all known adjacent landowners or land managers. For purposes of this subsection, "adjacent landowners or land managers" shall include all owners and managers of land capable of maintaining livestock susceptible to trichomoniasis whose land is located within the perimeter of the epidemiological study established by the commissioner.

If an owner or manager does not comply with this subsection, the commissioner may assess all administrative costs associated with the notification process against the owner or manager, or both.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2015 Supp. 47-607d and 47-610; implementing K.S.A. 2015 Supp. 47-607 and 47-610; effective May 27, 2016.)

Kan. Admin. Regs. § 9-7-5 Heifers for feeding and grazing

Beef heifers, under test-eligible age, may be imported into Kansas for feeding and grazing, without a permit, if accompanied by an official health certificate. Heifers consigned to any location other than a licensed feed lot will be quarantined upon arrival and shall be held for feeding purposes only. A permit for import movement may be required when a specific disease condition exists.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d, 47-610, 47-620; implementing K.S.A. 47-607 and 47-610; effective Jan. 1, 1966; amended Jan. 1, 1971; amended Jan. 1, 1974; amended, E-76-28, Aug. 15, 1975; amended May 1, 1976; amended May 1, 1982.)

Kan. Admin. Regs. § 9-7-6 Cattle; calves (heifers or bulls), and steers

Calves (heifers or bulls), over 2 and under 6 months of age, and steers, may be imported into Kansas, accompanied by an official health certificate, except when a specific disease condition exists in a state and special requirements are made by the Kansas livestock commissioner.

Calves under 2 months of age shall not be moved into the state of Kansas and shall not be sold therein, unless and until a purchaser of the same, located in Kansas, has first obtained from the Kansas animal health department a special permit, authorizing such movement into Kansas with delivery at a Kansas destination. Any movement of such calves into the state of Kansas, under such a special permit, shall be accompanied by an official health certificate, issued by authorized personnel within the state from which the movement of such calves originated. Any such calves, being moved into the state of Kansas under authority of a special permit, shall be quarantined upon the premises of the Kansas purchaser at the Kansas delivery destination for a period of 60 days following the date of delivery: Provided, That this regulation shall not apply to any movement of calves under the age of two months, when such calves are accompanied by their respective dams and when such dams are accompanied by a health certificate which has been issued by authorized personnel at the point of origin.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d, 47-610 and 47-620; effective Jan. 1, 1966; amended Jan. 1, 1971; amended, E-72-14, May 26, 1972; amended Jan. 1, 1973; amended Jan. 1, 1974.)

Kan. Admin. Regs. § 9-7-7 Swine

(a) All swine imported into Kansas shall be identified to the farm of origin.

(b) All swine importers of feeding, breeding and feral swine shall produce a certificate of veterinary inspection and a permit issued by the Kansas animal health department upon entry to the state of Kansas. All classes of swine from herds of origin consigned to slaughter in Kansas or consigned to an approved Kansas market are exempt. "Herd of origin" as defined in subpart A general provision 78.1 of code of federal regulations in effect on January 1, 1988 is hereby adopted by reference.

(c) All imported swine shall originate from herds free of pseudorabies. Any herd may be classified free by the monitoring system approved by the state of origin. Swine that have been pseudorabies vaccinated shall not enter Kansas, except on special permission of the livestock commissioner.

(d) All breeding swine, regardless of age, shall be tested and found negative for brucellosis and pseudorabies within 30 days of entry, or shall be from a validated brucellosis-free and qualified pseudorabies-free herd as defined in subpart A, general provision of 78.1 and part 85, pseudorabies, sec. 85.1 of the code of federal regulations, as in effect on Jan. 1, 1988, which is hereby adopted by reference. All breeding swine shall be quarantined for 21 to 45 days and shall be retested for brucellosis and pseudorabies.

(e) All feeder swine imported into Kansas shall be held under quarantine until fed out and delivered for slaughter.

(f) Swine importers may prefile a written modified quarantine and/or test requirement plan for approval from the livestock commissioner.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607, implementing 47-607 and 47-610 as amended by L. 1989, Ch. 156, Sec. 16; effective Jan. 1, 1966; amended Jan. 1, 1970; amended Jan. 1, 1971; amended Jan. 1, 1974; amended May 1, 1982; amended Feb. 5, 1990.)

Kan. Admin. Regs. § 9-7-8 Sheep

Sheep shall not be imported into Kansas, except for immediate slaughter, unless accompanied by an official health certificate, showing: (1) that they are from a state-federal approved scab free area, or (2) that they have been dipped in an approved dip under veterinary supervision, within thirty (30) days prior to movement into Kansas.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d, 47-610 and 47-620; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-7-9 Dogs

Dogs shall not be imported into Kansas, unless accompanied by a certificate of health issued by an approved veterinarian, stating

(a) that such dogs are free from symptoms of any communicable disease;

(b) that such dogs have not been exposed to rabies, and

(c) that such dogs have been vaccinated against rabies with a product licensed by the U.S.D.A. and the duration of immunity and method of administration be in accordance with manufacturer's guidelines.

Dogs under three (3) months of age need not be vaccinated against rabies.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d, 47-610, 47-620; effective Jan. 1, 1966; amended, E-76-28, Aug. 15, 1975; amended May 1, 1976; amended May 1, 1980.)

Kan. Admin. Regs. § 9-7-9a Cats

Cats shall not be imported into Kansas, unless accompanied by a certificate of health issued by an approved veterinarian, stating: (a) that such cats are free from symptoms of any communicable disease;

(b) that such cats have not been exposed to rabies, and

(c) that such cats have been vaccinated against rabies with a product licensed by the U.S.D.A. and the duration of immunity and method of administration be in accordance with manufacturer's guidelines.

Cats under three (3) months of age need not be vaccinated against rabies.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d, 47-610, 47-620; effective, E-76-28, Aug. 15, 1975; effective May 1, 1976; amended May 1, 1980.)

Kan. Admin. Regs. § 9-7-10 Livestock for exhibition purposes

Except for rodeo stock, livestock may be moved into Kansas for exhibition purposes, if accompanied by a health certificate or a certificate of veterinary inspection signed by a licensed veterinarian. The certificate shall be on a form approved by the livestock commissioner and shall show that such livestock met regular Kansas interstate health requirements, as established for the particular species, before the date of entry into Kansas.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d, 47-610; implementing K.S.A. 47-610; effective Jan. 1, 1966; amended April 3, 1998.)

Kan. Admin. Regs. § 9-7-11 Zoo animals, fur-bearing animals and other domesticated wild animals

Zoo animals, fur-bearing animals and other domesticated wild animals shall be accompanied by an official health certificate.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d, 47-610 and 47-620; effective Jan. 1, 1971.)

Kan. Admin. Regs. § 9-7-12 Buffalo or bison

(a) Except as provided in subsection (b), each buffalo or bison that enters the state of Kansas shall be accompanied by an official health certificate and shall have tested negative for brucellosis within the preceding 30 days, if the buffalo or bison meets one of the following criteria.

(1) It is a non-vaccinated female that is 18 months of age or older.

(2) It is a vaccinated female that is 24 months of age or older.

(3) It is a bull that is 12 months of age or older.

(b)(1) Before any buffalo or bison from the greater Yellowstone area is imported into the state of Kansas, the veterinarian in the state of origin who issues the health certificate shall obtain a permit from the Kansas animal health department. "Greater Yellowstone area" means Yellowstone national park and a 20-mile zone surrounding Yellowstone national park.

(2) Buffalo or bison originating from free-roaming herds located in the greater Yellowstone area shall be prohibited from entering the state of Kansas.

(3) Each buffalo and bison entering the state from the greater Yellowstone area that is owned, that is eligible for brucellosis testing, and that did not originate from a free-roaming herd shall test negative within 30 days before entry into Kansas and shall be quarantined at the destination for a re-test at the owner's expense no sooner than 45 days and no later than 150 days from the date of entry.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d, 47-610, and 47-620; implementing K.S.A. 47-610 and 47-620; effective Jan. 1, 1971; amended Jan. 23, 1998.)

Kan. Admin. Regs. § 9-7-13 Goats

Goats shall not be imported into Kansas, unless accompanied by an official health certificate, identifying the animals and showing that the animals have had negative tuberculosis and brucellosis tests within 30 days prior to date of entry.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d, 47-610, 47-620; effective, E-76-28, Aug. 15, 1975; effective May 1, 1976.)

Kan. Admin. Regs. § 9-7-14 Equidae

(a) Each equid entering Kansas, offered for sale in Kansas, changing ownership, or used for exhibition purposes, except a nursing foal six months of age or younger that is accompanied by its dam that has a current negative equine infectious anemia test, shall be identified individually on and accompanied by a complete United States department of agriculture (USDA) veterinary services form 10-11, or an equivalent form approved by the animal health commissioner, that declares that the equid has had an official negative test for equine infectious anemia within the previous 12 months. If an equid has been tested for equine infectious anemia more than one time during the previous 12 months, only the most recent test shall be considered a valid test.

(b) In addition to the equine infectious anemia test required in subsection (a), each equid entering Kansas shall be accompanied by a certificate of veterinary inspection that includes the following information from the equine infectious anemia test required in subsection (a):

(1) The date of the test;

(2) the type of test utilized;

(3) the test results;

(4) the name of the testing laboratory;

(5) the accession number which is the laboratory test number; and

(6) the description of the equidae.

(1) "Equidae" shall include the following:

(A) Horses;

(B) asses;

(D) equidae hybrids.

(2) "Exhibition" shall mean the commingling of animals for the purpose of showing or judging contest or any other type of public display, equidae used for team roping, penning, barrel racing, rodeo, or other performance events.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d and 47-610; implementing K.S.A. 47-610; effective, E-76-28, Aug. 15, 1975; effective May 1, 1976; amended Jan. 23, 1998; amended Jan. 3, 2025.)

Kan. Admin. Regs. § 9-7-15 Ratites

(a) Each ratite imported into Kansas shall be accompanied by an official health certificate or a certificate of veterinary inspection signed by a licensed veterinarian on a form approved by the livestock commissioner, unless the ratite is moved directly to one of the following locations:

(1) to an approved state or federally inspected livestock market;

(2) to an approved state or federally inspected slaughter establishment; or

(3) to property in the state of Kansas from property located not more than 20 miles outside of the state of Kansas, if both properties are owned by the same person or entity.

(b) Each ratite that the owner intends to sell or to use for the purpose of breeding or exhibition shall be identified individually by an implanted microchip or some other method approved by the livestock commissioner. The following information shall be written on the health certificate or the certificate of veterinary inspection:

(1) the microchip manufacturer's name;

(2) the microchip number; and

(3) the location of the microchip.

(c) Each ratite imported for the purpose of slaughter or feeding that has a microchip implant shall be identified individually by the following information on an official health certificate:

(1) the microchip manufacturer's name;

(2) the microchip number; and

(3) the implant location.

(d) For the purposes of this regulation, the term "ratite" shall include the following:

(1) ostriches;

(2) emus;

(3) rheas;

(4) cassowaries; and

(5) kiwis.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1996 Supp. 47-607 and 47-607d; implementing K.S.A. 1996 Supp. 47-607 and K.S.A. 47-610; effective Jan. 23, 1998.)

Kan. Admin. Regs. § 9-7-16 Cervidae

The owner of each live cervidae imported into Kansas shall comply with importation and testing requirements set out in K.A.R. 9-29-4, K.A.R. 9-29-5, and K.A.R. 9-29-6.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d and 47-610; implementing K.S.A. 47-610; effective Jan. 23, 1998.)

Kan. Admin. Regs. § 9-7-17 Camelidae

(a) Each camelidae imported into the state of Kansas shall be identified by one of the methods stated in subsection (b) and shall be accompanied by an official health certificate or a certificate of veterinary inspection signed by a licensed veterinarian. The certificate shall be on a form approved by the livestock commissioner.

(b) For identification purposes, the following information shall be written on the health certificate or the certificate of veterinary inspection:

(1) A description of each camelidae, including the following characteristics:

(A) the age;

(B) the size;

(D) the sex;

(E) the breed; and

(F) any information available regarding vaccinations and testing; and

(2) Any other significant identification for each camelidae, which may include these types of identification:

(A) An official microchip identification that includes the microchip number, the microchip manufacturer's name, and the location of the microchip;

(B) an ear tag;

(D) any other permanent identification approved by the livestock commissioner.

(c) Brucellosis. Each camelidae imported into the state of Kansas that is six months of age or older shall test negative for brucellosis, using an official test, within 30 days before entry.

(d) Tuberculosis. Each camelidae imported into the state of Kansas that is six months of age or older shall test negative for tuberculosis, using an official test, within 60 days before entry.

(e) For the purposes of this regulation, the term "camelidae" shall include the following:

(1) camels;

(2) llamas; and

(3) alpacas.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d; implementing K.S.A. 47-610; effective Jan. 23, 1998.)

Kan. Admin. Regs. § 9-7-18 Rodeo stock

(a) Each owner of rodeo stock shall obtain a permit from the livestock commissioner authorizing importation of the rodeo stock.

(b) All rodeo stock shall be accompanied by a health certificate or a certificate of veterinary inspection signed by a licensed veterinarian. The certificate shall be on a form approved by the livestock commissioner and shall include the permit number issued by the Kansas animal health department.

(c) Bulls that are 12 months of age and older shall test negative for brucellosis, using an official test, within 12 months before entry.

(d) Horses that are six months of age and older shall test negative for equine infectious anemia (EIA) within 12 months before entry.

(e) For purposes of this regulation, "rodeo stock" means livestock participating, working, or being used in connection with competition. "Competition" may include bull riding, bronco riding, barrel racing, team penning, or other similar events.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d and 47-610; implementing K.S.A. 47-610; effective Jan. 23, 1998.)

Kan. Admin. Regs. § 9-7-19 Equine passport

(a)(1) For the purposes of these regulations, the term "equidae" shall have the meaning in K.A.R. 9-7-14.

(2) "Equine passport" means a document issued by a veterinarian licensed and accredited in the state of origin and written on a form approved by and bearing a certificate number issued by the animal health regulatory agency in the state of origin. This passport shall individually identify an equidae, show the date of a negative EIA test conducted on that equidae at an approved laboratory within the preceding six months, and provide the information specified below in subsections (b) and (c).

(3) "EIA test" means an equine infectious anemia test.

(b) Each equidae entering Kansas on an equine passport shall be identified by name and shall be further identified on the passport by the designation of one of the following:

(1) A description of any brands;

(2) a description of a lip tattoo;

(3) a statement that a microchip is present, with the brand name and location of the microchip written on the passport; or

(4) any alternate method of designation approved by the livestock commissioner.

(1) A description of the equidae that includes its age, breed, color, and sex, as well as any marks that help identify the equidae;

(2) the date of the EIA test used for validation;

(3) the type of test utilized;

(4) the test results;

(5) the name of the testing laboratory; and

(6) the laboratory accession number.

(d) Each equine passport shall be accompanied by a valid, completed "equine infectious anemia laboratory test" report on USDA veterinary services form VS 10-11T. The equidae shall be identified on the report in the same manner as on the equine passport.

(e) In order for an equidae passport to be valid in Kansas, the veterinarian who issued the equidae passport in another state shall have verified the following:

(1) That the equidae listed on the VS 10-11T form is the same equidae listed on the equine passport, based on one of the methods of identification described in subsection (b); and

(2) that the equidae listed on the equine passport was examined on the date of issuance and found to be free from evidence of contagious, infectious, or communicable disease.

(f)(1) Each inspecting veterinarian who determines that an equidae originating in Kansas is eligible for an equine passport shall complete the passport form, including the EIA test results. The inspecting veterinarian then shall contact the department to obtain a passport certification number, validation date, and expiration date, which shall all be recorded by the veterinarian on the equine passport.

(2) The white copy of the completed equine passport form and the related EIA test information for equidae originating from Kansas shall be submitted to the department within 48 hours of issuance of the passport certification number and validation date.

(3) The equidae owner shall be provided by the inspecting veterinarian with itinerary forms at the time the equine passport is issued. The itinerary forms shall be completed and returned to the department with the next application for an equine passport for that equidae. Additional equine passports shall not be issued for the identified equidae until the completed itinerary forms have been received by the department.

(g)(1) Except as provided in paragraph (g)(2), each equine passport shall remain in effect for six months from the date of the EIA test listed on the passport.

(2) Any equine passport issued in the state of Kansas may be suspended or revoked at any time due to a disease outbreak or another similar factor by the livestock commissioner. Any equidae with an equine passport issued in another state may be prohibited by the livestock commissioner from entering the state if the livestock commissioner determines that a disease outbreak or similar factor in the equidae's state of origin warrants such an action.

(h) Equine passports shall not apply to equidae imported into the state of Kansas for the purpose of parimutuel racing.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607, K.S.A. 47-607d, and K.S.A. 47-610; implementing K.S.A. 47-607 and K.S.A. 47-610; effective, T-9-5-31-01, May 31, 2001; effective March 15, 2002.)

Article 8 Livestock Feed Lots

Kan. Admin. Regs. § 9-8-1 Cleaning of premises

(1) Feed lots shall be thoroughly scraped and cleaned, and all manure removed, at least two times each calendar year, and more frequently if necessary to maintain proper standards of cleanliness and sanitation.

(2) Manure removed from a feed lot shall be disposed of in one of the following manners: (a) Hauling to and placing upon farm land, where same shall be spread out and plowed under the soil surface; (b) dehydrating by a mechanical dehydrating process; (c) depositing in lagoons or settling tanks, having such construction and size to effectuate substantial reduction by bacterial action; (d) using any other method specifically approved by the livestock sanitary commissioner. Manure removed from a feed lot may be stockpiled, and shall be moved for final disposal when conditions permit.

(3) Locations at a feed lot which might be the source of insect breeding, (a) shall be cleaned, or (b) shall be treated with approved chemicals, or (c) shall be both cleaned and treated with approved chemicals. The procedure followed shall be in such manner as to eliminate or substantially reduce the breeding of flies.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-1505 and 47-1506; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-8-2 Control of insects, rodents, and pests

(1) Effective chemicals, approved by the livestock sanitary commissioner, shall be used for killing of flies on and about the feed lot premises. Such chemicals shall be applied with such frequency, and with such coverage, as will eliminate or reasonably control the fly population on such premises.

(2) Effective methods, approved by the livestock sanitary commissioner, shall be used for the eradication of the rodent population. Approved formulas of gas and poisons, may be used.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-1505 and 47-1506; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-8-3 Location and construction of facilities

(1) Feed bunks, hay feeders, water tanks, and other permanent installations, shall be located and constructed in such a manner as to permit adequate cleaning of premises adjacent to such permanent facilities.

(2) Weather resistant platform aprons shall be provided adjacent to all feed bunks, feeders, water tanks and other permanently affixed facilities. Such aprons shall be of concrete, blacktop, compacted gravel, crushed rock, or other approved materials.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-1505 and 47-1506; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-8-4 Drainage of feed lot

(1) Surfaces of feed lot pens shall be prepared and maintained at a grade or slope, and in a manner which will prevent future and eliminate present accumulations of surface waters, and which will permit and facilitate the immediate runoff of surface waters, from the feeding area.

(2) The surface waters running off, or being discharged from, the feeding area, shall be directed into storage reservoirs or settling basins, where practical and recommended, or shall be diverted and spread over fields, thus preventing the direct drainage and movement of solids being carried by water into draws, ravines, streams, and rivers.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-1505 and 47-1506; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-8-5 Veterinarian

A licensed veterinarian shall be available at the feed lot, or subject to call at any time.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-1505 and 47-1506; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-8-6 Mechanical equipment

The operator of a feed lot shall have available at his feed lot, either by ownership or by lease arrangement, necessary equipment, in good repair, which shall include the following: a bulldozer, a road grader, and a scoop or other mechanically operated equipment capable of scraping pens and loading manure.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-1505 and 47-1506; effective Jan. 1, 1966.)

Article 9 Poultry and Hatching Eggs

Kan. Admin. Regs. § 9-9-1 Poultry affected with, or exposed to, disease; importation prohibited

Poultry which is infected with, or which has been exposed to, pullorum disease, typhoid disease, newcastle disease, fowl plague, chronic respiratory disease, fowl cholera, infectious bronchitis, laryngottacheiti infectious sinusitis, fowl pox, coccidiosis, ornithosis, tuberculosis, or any other infectious or contagious disease, shall not be brought, shipped, or imported into the state of Kansas for any purpose whatsoever.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-9-2 Poultry for immediate slaughter; importation

Turkeys, chickens, waterfowl, and other domesticated fowl which are apparently healthy may be brought, shipped, or imported into the state of Kansas, for immediate slaughter only, without health certificates, when consigned by common carrier, or by other approved transportation, to a destination approved by the livestock sanitary commissioner of Kansas.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-9-3 Turkeys under four (4) months; other poultry under five (5) months; poultry hatching eggs

Turkey poults under four (4) months of age, and other poultry under five (5) months of age, and poultry hatching eggs, may be brought, shipped, or imported into Kansas, without health certificates, if such poults and poultry and eggs originate in flocks, or are distributed from hatcheries or premises, (a) where the flock owner or hatchery owner is participating in the national turkey improvement plan and the national poultry improvement plan, whichever is applicable, or (b) where the flock owner or hatchery owner is operating under supervision of a disease control agency of the state of origin and has been and is classified as U.S. pullorum-typhoid clean. Waterfowl and waterfowl hatching eggs may be brought, shipped, or imported into Kansas, without meeting the above requirements, (a) if not consigned to, or if not delivered to, an approved national plan hatchery, or (b) if not consigned to, or if not delivered to, a hatchery handling domesticated fowl and hatching eggs.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-9-4 Poultry importation permits

Any person desiring to import poultry, or poultry hatching eggs, into Kansas shall not be entitled to do so, unless and until he shall have first obtained a poultry importation permit from the livestock sanitary commissioner of Kansas. Such a permit shall not be required for waterfowl or for waterfowl hatching eggs imported under provision of regulation 9-9-3. An application for such a permit shall be submitted to the livestock sanitary commissioner and shall be made only on a form approved and supplied by the livestock sanitary commissioner. Such a permit shall be issued to the applicant, by the livestock sanitary commissioner of Kansas, or his duly authorized representative, when it has been determined: (a) That the official disease control agency of the state of origin of proposed poultry and poultry hatching egg imports, has verified the pullorum-typhoid classification of the flock, hatchery or premises, from which the birds or eggs originate; and (b) when such classification is acceptable to such Kansas official; and (c) when such additional conditions and provisions, as the livestock sanitary commissioner had deemed essential for the protection of poultry in Kansas from infectious or contagious disease, have been satisfied. Each such permit shall state a date of expiration, as of June 30 following date of issuance.

Each container in which poultry or poultry hatching eggs are transported or shipped into Kansas shall bear an official label stating: (a) The name and address of the consignor; (b) the name and address of consignee; (c) the pullorum-typhoid classification of the poultry and poultry eggs; and (d) the number of Kansas poultry import permit.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-9-5 Health certificates; turkeys over four (4) months and other poultry over five (5) months of age

Turkeys over four (4) months of age, and other poultry over five (5) months of age, may be brought, shipped, or imported into the state of Kansas, for purposes other than immediate slaughter: Provided, they are accompanied by an official health certificate, or a permit acceptable to livestock sanitary commissioner of Kansas, issued by the chief livestock health official of the state of origin certifying: (a) that such turkeys, and such other poultry are free from any evidence of any infectious or contagious disease; (b) that such turkeys and such other poultry have not been exposed to any such disease; and (c) that such poultry are classified as U.S. pullorum-typhoid clean. Such turkeys and other poultry may be permitted to move into the state of Kansas under quarantine. Upon arrival at the point of destination such turkeys and poultry shall be held under such quarantine, separate and apart from other poultry, until they have been tested for pullorum and typhoid diseases, and have been found negative to such diseases, and until the elapse of thirty (30) days after such importation and after such negative tests. Such turkeys and other poultry, so imported, which are tested and found to be positive to any of such diseases, shall be immediately moved under quarantine to a destination, acceptable to the livestock sanitary commissioner, for purposes of immediate slaughter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610; effective Jan. 1, 1966.)

Article 10 Public Livestock Markets

Kan. Admin. Regs. § 9-10-41 Definitions

Each of the following terms, as used in this article of the department's regulations, shall have the meaning specified in this regulation:

(a) "Alias name" means a pseudonym or assumed identity used for the purposes of deception as a buyer or seller or to conceal the real identity of an individual or individuals, except that alias name does not include corporations, LLC's, partnerships, or individuals operating under names listed as "doing business as," a commonly used nickname, or initials.

(b) "Accredited veterinarian" means a veterinarian approved by the administrator of the United States department of agriculture, animal plant health inspections service, to perform functions required by the cooperative state-federal disease control and eradication programs.

(d) "Backtag contractor" means a person receiving payment for the application, recording, and reporting of official United States department of agriculture backtags applied to all sexually intact bovine 18 months of age and older at a public livestock market.

(e) "Bovine sold for slaughter" means any sexually intact bovine intended to move from a public livestock market or occasional livestock sale directly to a slaughter facility within 72 hours.

(f) "Certificate of veterinary inspection" means an official document issued by a federal, state, tribal, or accredited veterinarian certifying that the livestock or exotic animal identified on the document has been inspected and found to meet the requirements of the regulations pertaining to the intended movement location, within the same state, between states, or internationally.

(g) "Consignor" has the meaning specified for this term in K.S.A. 47-1001, and amendments thereto.

(h) "Electronic auction" has the meaning specified for this term in K.S.A. 47-1001, and amendments thereto.

(i) "Exotic animal" has the meaning specified for this term in K.S.A. 47-1832, and amendments thereto.

(j) "Livestock" has the meaning specified for this term in K.S.A. 47-1001, and amendments thereto.

(k) "Market veterinarian" means a licensed, accredited veterinarian approved by the animal health commissioner to perform functions at a public livestock market.

(l) "Occasional livestock sale" has the meaning specified for this term in K.S.A. 47-1001, and amendments thereto.

(m) "Occasional livestock sale operator" means any person who is licensed to conduct an occasional livestock sale.

(n) "Official identification" means a permanent, tamperproof means approved by the United States department of agriculture, animal plant health inspections service, and the animal health commissioner that assigns a permanent, unique numeric or alphanumeric identification to a livestock or exotic animal or a group of livestock or exotic animals.

(o) "Owner" means the individual or entity with legal possession or the financial control of livestock or exotic animals.

(p) "Person" has the meaning specified for this term in K.S.A. 47-1001, and amendments thereto.

(q) "Public livestock market" has the meaning specified for this term in K.S.A. 47-1001, and amendments thereto.

(r) "Public livestock market facilities" means all pens, yards, alleyways, sale rings, loading docks, scales, and vehicles and any other equipment necessary for the handling of livestock.

(s) "Public livestock market operator" has the meaning specified for this term in K.S.A. 47-1001, and amendments thereto, and also includes any designee of a person who meets that definition.

(t) "Purchaser" means the person responsible for payment of livestock or exotic animals that person purchased or were purchased by an agent in the person's name.

(u) "Sale" means livestock auctions or events, that receive on consignment, or solicit from the producer or consignor thereof, or hold in trust or custody for another, any livestock that is offered for exchange in return for monetary payment, payment in kind, or other consideration, on behalf of such producer or consignor at such auction or event, or sells, or offers for exchange in return for monetary payment, payment in kind, or other consideration, at such auction or event, for the account of the producer or consignor thereof, any livestock or directly or indirectly owns, conducts or operates such auction or event.

(v) "USDA" means United States department of agriculture.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-610 and K.S.A. 47-1832; effective Jan. 3, 2025.)

Kan. Admin. Regs. § 9-10-42 Public livestock market facilities

(a) Each public livestock market operator shall construct and maintain all public livestock market facilities used for handling, loading, and penning livestock or exotic animals in a manner that minimizes the risk of physical injury to people and to livestock or exotic animals.

(b) Each public livestock market operator shall maintain all public livestock market facilities used for handling, loading, and penning livestock or exotic animals in a manner that permits adequate drainage and in a clean and sanitary condition. Each public livestock market operator shall clean all public livestock market facilities used for handling, loading, and penning livestock or exotic animals before the next sale at the public livestock market.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-610 and K.S.A. 47-1832; effective Jan. 3, 2025.)

Kan. Admin. Regs. § 9-10-43 Limitation on use of public livestock market facilities

(a) Each public livestock market operator shall use the public livestock market facilities only for feeding, holding, trading, or assembling livestock or exotic animals if the livestock or exotic animals are consigned to the public livestock market for sale or the public livestock market is being used as a collection point for livestock moving directly to a slaughter facility.

(b) Any public livestock market operator may use the public livestock market facilities for feeding, holding, trading, or assembling livestock or exotic animals that are not consigned to the market for sale if one of the following conditions is met:

(1) housing livestock or exotic animals during an emergency response approved by the animal health commissioner; or

(2) housing "stray" as defined in K.S.A. 47-229 and amendments thereto, under the custody and control of local law authorities.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-610 and K.S.A. 47-1832; effective Jan. 3, 2025.)

Kan. Admin. Regs. § 9-10-44 Disinfection of public livestock market facilities and vehicles

(a) If any livestock or exotic animal at a public livestock market facility are found to be infected with or exposed to a contagious or infectious disease, the public livestock market operator shall clean and disinfect all public livestock market facilities under the supervision of the market veterinarian with a disinfectant approved by the animal health commissioner.

(b) If a vehicle is used to transport or confine infected or exposed livestock or exotic animals, each owner or operator of the vehicle shall pay all expenses incurred in cleaning and disinfecting the vehicle.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610 and K.S.A. 47-1832; implementing K.S.A. 47-610 and K.S.A. 47-634; effective Jan. 3, 2025.)

Kan. Admin. Regs. § 9-10-45 Quarantine pens and facilities

(a) If the market veterinarian determines that a livestock or an exotic animal shall be placed under quarantine, the public livestock market operator shall provide and maintain quarantine pens for the livestock or exotic animal.

(b) The market veterinarian shall ensure that each quarantine pen meets the following requirements:

(1) Be separate and apart from any pen used to pen livestock or exotic animals consigned for sale when the exposed or infected livestock or exotic animals are placed in the quarantine pen;

(2) be of ample size with sufficient shed coverage or other sheltering for exposed or infected livestock or exotic animals; and

(3) have adequate feeding and watering facilities.

(c) Each market veterinarian shall provide supervision over any quarantine pen located at the public livestock market and shall ensure that each quarantine pen is locked, unless the animal health commissioner or the market veterinarian authorizes the movement of livestock or exotic animals into or out of the quarantine pen.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610 and K.S.A. 47-1832; implementing K.S.A. 47-610; effective Jan. 3, 2025.)

Kan. Admin. Regs. § 9-10-46 Quarantine of diseased and exposed livestock or exotic animals

(a) If a market veterinarian finds evidence of any contagious or infectious disease or finds evidence of livestock or exotic animals being exposed to any contagious or infectious disease, the market veterinarian shall place the entire consignment of the livestock or exotic animals under quarantine and shall immediately notify the public livestock market operator and the animal health commissioner of this action. Each public livestock market operator shall immediately notify the owner of the infected or exposed livestock or exotic animals that have been placed under quarantine.

(b) If the market veterinarian observes clinical signs consistent with a contagious or infectious disease leading to the quarantine or any other adverse health or welfare issue, the market veterinarian may prescribe and administer any necessary treatment. If treatment is administered, the market veterinarian shall submit a statement of cost that includes the cost of necessary treatment, feed, water, and care to the public livestock market that shall be paid by the owner.

(c) If the animal health commissioner believes that the owner is prepared to hold the infected or exposed livestock or exotic animals at the owner's premises and the owner agrees to comply with all provisions of the quarantine, the animal health commissioner may permit the infected or exposed livestock or exotic animals to move from the public livestock market to the owner's premises.

(d) When infected or exposed livestock or exotic animals are removed from a public livestock market, the market veterinarian shall document each livestock or exotic animal on a "permit for movement of restricted animals," USDA VS form 1-27, or an equivalent form approved by the animal health commissioner, to accompany the livestock or exotic animals to the place of destination.

(e) If the animal health commissioner believes that the owner is not prepared to hold the infected or exposed livestock or exotic animals at the owner's premises or the owner does not agree to comply with all provisions of the quarantine, the animal health commissioner shall require each infected or exposed livestock or exotic animal to be placed in quarantine pens provided by the public livestock market operator and supervised by the market veterinarian. The market veterinarian shall submit a statement of cost of the necessary treatment and administrative fees to the public livestock market operator. The public livestock market operator shall feed, water, and care for livestock or exotic animals placed under quarantine on the public livestock market premises. Each owner shall pay the cost of necessary treatment, administrative fees, feed, water, and care incurred during the quarantine.

(f) If the market veterinarian finds that livestock or exotic animals consigned to the public livestock market originated outside the state of Kansas and did not enter the state as required by article 7 of the department's regulations, the market veterinarian shall hold the livestock or exotic animals under quarantine in quarantine pens provided by the public livestock market operator until released from quarantine by the animal health commissioner. If the livestock or exotic animals are bovine, each market veterinarian shall restrict the movement as required by K.A.R. 9-7-4a. The market veterinarian shall submit a statement of cost of the necessary treatment and administrative fees to the public livestock market operator. Each public livestock market operator shall feed, water, and care for all livestock or exotic animals placed under quarantine on the public livestock market premises. Each owner shall pay the cost of the necessary treatment, administrative fees, feed, water, and care incurred during the quarantine.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-610 and K.S.A. 47-1832; effective Jan. 3, 2025.)

Kan. Admin. Regs. § 9-10-47 Diseases, injuries, and conditions rendering livestock or exotic animals unfit for sale; limitation on sale; euthanasia, removal, or disposal

(a) Each market veterinarian shall have sole discretion to render any livestock or exotic animal unfit for sale based on the following diseases, injuries, and conditions:

(1) Ocular neoplasia, commonly known as "cancer eye," unless the neoplastic lesions show no sign of metastasis and have not destroyed the eye or the eyelid. Each livestock or exotic animal with cancer eye shall be deemed unfit for sale if one of the following conditions is met:

(A) The neoplastic lesions affect the eye, eyelids, or both and have destroyed the affected organ to the point that the affected area cannot be surgically removed;

(B) the neoplastic lesions show signs of local metastatic invasion from the primary site to the bone of the orbit; or

(2) any other forms of neoplasia, regardless of tissue origin, that exhibit significant symptoms, including swelling, discoloration, draining necrotic lesions, tissue deformation, or odor;

(3) any disease process, including actinomycosis, pneumonia, and urinary calculi, or injury that the market veterinarian determines is unlikely to respond to treatment and has resulted in emaciation of the livestock or exotic animal;

(4) any disease process or injury resulting in a nonambulatory condition in the livestock or exotic animal;

(5) a fracture of the long bone, open fracture, or other fracture or dislocation of a joint that renders the animal unable to bear weight on the affected limb without that limb collapsing; and

(6) any injury that results in a condition that caused an objectionable wound.

(b) If a disease, injury, or condition occurs that is not listed in subsection (a), the market veterinarian may render any livestock or exotic animal unfit for sale upon receiving approval from the animal health commissioner or the animal health commissioner's designee.

(c) After examination of the livestock or exotic animal, the market veterinarian shall determine whether each livestock or exotic animal shall be sold, removed from the public livestock market, or euthanized pursuant to K.S.A. 47-1008 and amendments thereto.

(d) If the market veterinarian permits the livestock or exotic animal to be sold, the market veterinarian shall provide a written notification to the public livestock market operator that states the livestock or exotic animal's disease, injury, or condition, and the public livestock market operator or the public livestock market operator's representative shall announce the livestock or exotic animal's disease, injury, or condition as stated in the written notification from the auction block at the time of the sale.

(e) If the market veterinarian determines the livestock or exotic animal is unfit for sale as specified in subsections (a) and (b), the market veterinarian shall identify the livestock or exotic animal with a backtag and shall make a reasonable effort to contact the owner by phone or in person to discuss euthanasia, removal, or disposal of the livestock or exotic animal.

(1) If the market veterinarian is successful in contacting the owner, the owner shall remove the livestock or exotic animal rendered unfit for sale as described in subsections (a) and (b) from the public livestock market within 12 hours of the notification or direct the market veterinarian to euthanize the livestock or exotic animal.

(2) If the market veterinarian is unsuccessful in contacting the owner, the market veterinarian shall determine whether the livestock or exotic animal rendered unfit for sale as described in subsections (a) and (b) shall be euthanized to prevent further pain or suffering.

(3) If a livestock or exotic animal rendered unfit for sale as described in subsections (a) and (b) is not removed from the public livestock market facilities within 12 hours after notification, the market veterinarian shall have discretion to euthanize the livestock or exotic animal.

(f) Each market veterinarian shall document each livestock or exotic animal rendered unfit for sale as described in subsections (a) and (b) and removed alive from the public livestock market facility on a "permit for movement of restricted animals," USDA VS form 1-27, or an equivalent form approved by the animal health commissioner, which shall accompany the livestock or exotic animals at the time of movement.

(g) If the market veterinarian determines that a livestock or an exotic animal rendered unfit for sale as described in subsections (a) and (b) shall be euthanized, the market veterinarian shall perform or direct all euthanasia procedures at the public livestock market and shall provide written notice to the owner of the livestock or exotic animal that indicates the reason for euthanasia and the cost of euthanasia.

(h) If a livestock or exotic animal dies or is euthanized at a public livestock market, an owner may request the return of the carcass and may retrieve the carcass within six hours after the livestock or exotic animal's death or euthanasia. If the owner does not retrieve the carcass within six hours after death or euthanasia, the carcass shall be disposed of pursuant to K.S.A. 47-1219, and amendments thereto.

(i) Each consignor of livestock or exotic animals rendered unfit for sale as specified in subsections (a) and (b) shall pay all costs associated with euthanasia, removal, and disposal.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-610, K.S.A. 47-1008, and K.S.A. 47-1832; effective Jan. 3, 2025.)

Kan. Admin. Regs. § 9-10-48 Certificate of veterinary inspection

(a) Each market veterinarian shall provide a certificate of veterinary inspection that covers all livestock and exotic animals consigned to or sold through a public livestock market to the purchaser before the livestock or exotic animals leave the public livestock market.

(1) If the livestock or exotic animals are moving intrastate from a public livestock market, a public livestock market operator may incorporate a statement certifying veterinary inspection in the invoice of the sale unless prohibited by provisions in article 7 and 10 of the department's regulations.

(2) If the livestock or exotic animals are moving interstate from a public livestock market, each livestock or exotic animal shall be accompanied by a certificate of veterinary inspection, unless the livestock or exotic animal is moving directly to a slaughter facility. The market veterinarian shall issue a certificate of veterinary inspection before the livestock or exotic animal leaves the public livestock market if the market veterinarian knows that the livestock or exotic animal is moving interstate.

(b) If the livestock or exotic animal requires a certificate of veterinarian inspection, the market veterinarian shall provide the purchaser with documentation showing any relevant inspection, treatment, or quarantine. A public livestock market operator shall not release livestock or exotic animals until the livestock or exotic animals meet all the requirements of the state of destination. Each market veterinarian shall submit a copy of the certificate of veterinarian inspection and all applicable attachments to the division of animal health within seven business days from the date the certificate of veterinary inspection was issued to the owner.

(c) If livestock or exotic animals are sold by an electronic auction, each consignor shall pay the cost associated with issuance of the certificate of veterinary inspection required under K.S.A. 47-1008, and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d, K.S.A. 47-610, K.S.A. 47-1008, and K.S.A. 47-1832; implementing K.S.A. 47-607 and K.S.A. 47-1008; effective Jan. 3, 2025.)

Kan. Admin. Regs. § 9-10-49 Requirement for consignment for public livestock markets

(a) Each public livestock market operator or the public livestock market operator's representative shall complete an unloading ticket for each load of livestock or exotic animals delivered to the public livestock market at the time the livestock or exotic animals are unloaded at the public livestock market.

(1) Each unloading ticket shall contain the name, address, and contact information of the consignor.

(2) Each public livestock market operator shall be responsible for the accuracy of all information collected on the unloading ticket.

(3) A public livestock market shall not offer for sale livestock or exotic animals that are offered for sale by a consignor using a name that the public livestock market operator knows or reasonably should know is an alias name.

(b) Each public livestock market operator or the public livestock market operator's representative shall require each consignor to disclose to the public livestock market operator or the public livestock market operator's representative all known disease conditions, injuries, or physical defects of each livestock or exotic animal listed on the unloading ticket while unloading livestock or exotic animals at the public livestock market.

(c) Each market veterinarian shall inspect each livestock or exotic animal before the livestock or exotic animal is sold or exchanged to determine if the livestock or exotic animal possesses any of the diseases or injuries specified in K.A.R. 9-10-47 regardless of the livestock or exotic animal's physical location on the public livestock market premises.

(d) A public livestock market operator shall not allow a livestock or an exotic animal to be offered for sale, sold, or exchanged anywhere on the public livestock market's facilities without the livestock or exotic animal being inspected and released by the market veterinarian.

(e) By consigning livestock or exotic animals to a public livestock market, the consignor shall consent to the following:

(1) To have the livestock or exotic animal inspected by the market veterinarian;

(2) to abide by the market veterinarian's determination of the disposition of the livestock or exotic animal;

(3) to pay any costs incurred for the removal of the livestock or exotic animal from the public livestock market if the livestock or exotic animal is deemed unfit for sale by the market veterinarian as specified in K.A.R. 9-10-47; and

(4) to pay any costs incurred for euthanasia and disposal of the livestock or exotic animal if a livestock or exotic animal is deemed unfit for sale as specified in K.A.R. 9-10-47.

(f) A person shall not remove or tamper with any official identification except at the time of slaughter.

(g) A public livestock market operator or public livestock market operator's representative shall not accept livestock or exotic animals unless the livestock or exotic animals meet the requirements in article 2, article 3, and article 7 of the department's regulations.

(h) A public livestock market shall not sell livestock or exotic animals that have been classified as a brucellosis reactor, tuberculosis-positive, pseudorabies-positive, scrapie-positive, positive for equine infectious anemia, positive for chronic wasting disease, or positive for any other disease as specified by the animal health commissioner.

(i) When livestock or exotic animals are sold for slaughter purposes, each public livestock market operator or the public livestock market operator's representative shall disclose the status of the livestock or exotic animal from the auction block before the livestock or exotic animal is sold. Each public livestock market operator shall require that all livestock and exotic animals sold for slaughter purposes move directly from the original public livestock market to an approved slaughter facility.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610, K.S.A. 47-1008, and K.S.A. 47-1832; implementing K.S.A. 47-607, K.S.A. 47-658b, K.S.A. 47-1008, and K.S.A. 47-1009; effective Jan. 3, 2025.)

Kan. Admin. Regs. § 9-10-50 Special sales at irregular intervals

(a) Each public livestock market operator shall be responsible for the sale, purchase, or exchange of any livestock or exotic animal at regular or irregular intervals at the public livestock market, including private sales, livestock production sales, consignment sales, breed association sales, and occasional livestock sales regardless of whether the public livestock market is used by a third party or the sale is hosted by the public livestock market operator.

(b) Each public livestock market operator shall ensure that all livestock and exotic animals are released from the public livestock market as required by article 7 and article 10 of the department's regulations.

(c) Each public livestock market operator shall ensure that an accredited veterinarian is present at any sale hosted at the public livestock market.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d, K.S.A. 47-610, K.S.A. 47-1008, and K.S.A. 47-1832; implementing K.S.A. 47-607 and 47-1008; effective Jan. 3, 2025.)

Kan. Admin. Regs. § 9-10-51 Notice

(a) Each public livestock market operator shall post and maintain signs at the public livestock market that state the notices specified in subsection (b). A sign shall be readable and placed in a clearly visible location at the check-in dock and in the public livestock market office area accessible to the public. Signs with notices in subsection (b) shall be submitted to the animal health commissioner for review and approval before posting.

(b) The signs required in subsection (a) shall contain adaptations of the following notices:

(1) "Each non-virgin bull, bull older than 18 months of age, and bull of unknown virginity status sold at a public livestock market shall be certified negative for Tritrichomonas foetus, go directly to slaughter, or be purchased for feeding purposes only and then to slaughter as required by K.A.R. 9-7-4a."

(2) "All cows, except virgin heifers, moving interstate to a public livestock market shall meet requirements in K.A.R. 9-7-4a before sale or be sold directly to slaughter or be sold for feeding purposes only and then to slaughter."

(3) "To: All livestock owners, consignors, or agents. Any livestock or exotic animal that is injured, disabled, or deemed unfit for sale shall be examined by the market veterinarian. After examination of the livestock or exotic animal, the market veterinarian has sole discretion to determine whether the livestock or exotic animal will be sold, removed from the livestock market, or euthanized in accordance with K.S.A. 47-1008, and amendments thereto."

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-610 and K.S.A. 47-1008; effective Jan. 3, 2025.)

Kan. Admin. Regs. § 9-10-52 Occasional livestock sales

(a) The annual license fees for occasional livestock sales shall be the following:

(b) In addition to record requirements in K.A.R. 9-10-53 through K.A.R. 9-10-57, each occasional livestock sale operator shall collect and maintain records for each sale that includes the following:

(1) Any official identification associated with the livestock or exotic animal;

(2) the name and address of both the consignor and the purchaser of the livestock or exotic animal;

(3) the species, breed, age and sex of each livestock or exotic animal; and

(4) the name and contact information for the attending accredited, licensed veterinarian.

(c) Each occasional livestock sale operator shall submit an electronic copy of a record containing the following information to the division of animal health within five business days from the conclusion of the sale:

(1) The date of the sale;

(2) the sale veterinarian's name and contact information;

(3) a list of all species sold and the number of each animal of those species sold; and

(4) all official identification information collected and the consignors associated with those officially identified animals.

(d) An occasional livestock sale license shall not be required for any of the following sales:

(1) A sale held in conjunction with a county, district, regional, or state livestock exhibition for youth exhibitors;

(2) a sale intended for the purpose of selling livestock to youth exhibitors; or

(3) a livestock production sale with three or fewer consignors.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610 and K.S.A. 47-1832; implementing K.S.A. 47-610 and K.S.A. 47-1001d; effective Jan. 3, 2025.)

Kan. Admin. Regs. § 9-10-53 Bovine

(a) Each public livestock market operator or occasional livestock sale operator shall meet the following requirements for bovine failing to meet the requirements in K.A.R. 9-7-4a prior to arrival at the market:

(1) Each cow, except a virgin heifer, moving interstate to a public livestock market shall meet the requirements in K.A.R. 9-7-4a before being sold at a public livestock market, or the cow shall be sold directly to a slaughter facility or sold for feeding purposes and then moved directly to a slaughter facility.

(2) Each non-virgin bull, bull older than 18 months of age, or bull of unknown virginity status that is not a certified negative Tritrichomonas foetus bull as specified in K.A.R. 9-7-4a before leaving the public livestock market or occasional livestock sale shall be sold directly to a slaughter facility or sold for feeding purposes and then moved directly to a slaughter facility.

(3) Each public livestock market operator, public livestock market operator's representative, occasional livestock sale operator, or occasional livestock sale operator's representative shall announce the status and restriction of sale for any bovine that does not meet the requirements in K.A.R. 9-7-4a at auction block before the sale of the bovine.

(b) Each public livestock market operator or occasional livestock sale operator shall meet the following requirements for any bovine known to be persistently infected with bovine viral diarrhea virus:

(1) Each public livestock market operator or occasional livestock sale operator shall require each consignor to disclose the status of each bovine known to be persistently infected with bovine viral diarrhea virus to the public livestock market's representative or the occasional livestock sale's representative at the time of unloading.

(2) Each public livestock market operator, public livestock market operator's representative, occasional livestock sale operator, or occasional livestock sale operator's representative shall disclose the bovine's status as persistently infected with bovine viral diarrhea virus at the auction block immediately before the sale of the bovine.

(3) Each bovine known to be persistently infected with bovine viral diarrhea virus, regardless of the age of the bovine, shall be tagged with official identification before arrival at the public livestock market or by the public livestock market operator's representative or occasional livestock sale operator's representative upon discovering the bovine is known to be persistently infected with bovine viral diarrhea virus.

(4) Each bovine known to be persistently infected with bovine viral diarrhea virus shall be handled and penned in an isolated manner to prevent direct contact with other livestock or exotic animals on the premises. Each pen shall be separate and apart from pens that are regularly used to pen livestock or exotic animals consigned for sale and shall not share a feeding or watering source.

(5) Movement of each bovine known to be persistently infected with bovine viral diarrhea virus from the public livestock market or occasional livestock sale shall be allowed intrastate and shall be accompanied by a certification that includes the following:

(A) Purchaser name;

(B) destination of the bovine;

(D) a statement identifying the bovine as known to be persistently infected with bovine viral diarrhea virus; and

(E) the signature of the market veterinarian or occasional livestock sale veterinarian and the date the certification was signed.

(6) Each market veterinarian or occasional livestock sale veterinarian shall submit a copy of the certification as required in paragraph (b)(5) to the division of animal health within seven business days from the date the certification was issued.

(c) A public livestock market operator, public livestock market operator's representative, occasional livestock sale operator, or occasional livestock sale operator's representative shall not allow any of the following bovine to leave the public livestock market facility or the occasional livestock sale unless the bovine is individually identified by a method of official identification approved by the animal health commissioner:

(1) All sexually intact bovine 18 months of age or older;

(2) all dairy bovine, regardless of sex and age;

(3) all "M" branded bovine, including any commingled domestic bovine; and

(4) all exhibition, event, roping, and rodeo bovine.

(d) In spite of the requirements of subsection (c), any bovine sold for slaughter not already identified may be allowed to leave the public livestock market or occasional livestock sale without being individually identified by a method of official identification approved by the animal health commissioner. Instead, any such bovine sold for slaughter shall be furnished with a backtag approved by United States department of agriculture.

(e) In spite of the requirements of subsection (c), any bovine that are weak as determined by the market veterinarian or pose a greater than normal risk of being injured or injuring a person may be allowed to leave the public livestock market or occasional livestock sale without being individually identified by a method of official identification approved by the animal health commissioner if the bovine moves directly to a slaughter facility.

(f) Each public livestock market operator shall meet the following backtagging requirements for all bovine offered for sale at the public livestock market:

(1) Each public livestock market operator shall acquire and utilize backtags and glue or other adhesives furnished at federal or state expense.

(2) Each public livestock market operator shall employ a backtag contractor that is designated through a written contract with the animal health commissioner. Each backtag contractor shall be reimbursed by the animal health commissioner for personnel services in applying the backtags on the basis of $0.15 per head for each bovine backtagged pursuant to the backtag contractor agreement.

(3) Each backtag contractor shall apply backtags to each sexually intact heifer, cow, or bull that is 18 months of age and older, except that upon prior approval by the animal health commissioner, the backtag contractor shall not be required to apply backtags to animals already individually identified by a method of official identification.

(4) Each backtag contractor shall maintain a backtag record on each bovine offered for sale at a public livestock market as specified in paragraph (f)(3) that includes the following:

(A) The backtag number applied;

(B) all official identification;

(D) the sex;

(E) the breed; and

(F) the name and address of the consignor of the bovine or the consignor's agent if the name and address of the consignor cannot be determined.

(5) Each backtag contractor shall send a copy of the backtag record to the division of animal health in an electronic format approved by the animal health commissioner within five business days from the conclusion of the sale.

(6) Each backtag shall be applied behind the shoulder and below the mid-line of the back on each bovine. The backtag shall not be applied on the hip of the bovine.

(7) If a bovine is sold for slaughter purposes, a backtag shall not be removed until time of slaughter.

(8) Each backtag shall remain on the bovine until the bovine is determined to be part of the purchaser's herd at the point of destination.

(9) Unauthorized removal of a backtag shall be prohibited and shall be reported to the animal health commissioner immediately.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d, K.S.A. 47-610, K.S.A. 47-1008, and K.S.A. 47-1832; implementing K.S.A. 47-607, K.S.A. 47-610, and K.S.A. 47-1008; effective Jan. 3, 2025.)

Kan. Admin. Regs. § 9-10-54 Poultry

(a) Each public livestock market operator, public livestock market operator's representative, occasional livestock sale operator, or occasional livestock sale operator's representative shall ensure that each box, crate, coop, or other container containing poultry is plainly labeled with the following:

(1) The name of consignor;

(2) the number and species of the birds;

(3) a guarantee of sex on sexed turkeys under 12 weeks of age or any other domestic fowl under 16 weeks of age;

(4) the date the birds were hatched; and

(5) the pullorum classification of the birds.

(b) If any turkeys 12 weeks of age and older and all other poultry 16 weeks of age and older originate outside of Kansas, each public livestock market operator, public livestock market operator's representative, occasional livestock sale operator, or occasional livestock sale operator's representative shall ensure that each bird tests negative for pullorum within 90 days before sale at the public livestock market or occasional livestock sale or that each bird originated and moved directly from a pullorum-free flock to the public livestock market or the occasional livestock sale. A bird's negative pullorum test shall be documented on a VS 9-2 form, VS 9-3 form, certificate of veterinary inspection, or an equivalent form approved by the animal health commissioner.

(c) Each public livestock market operator or occasional livestock sale operator shall keep a record that includes the following for two years from the date of the sale:

(1) Number and species of birds sold;

(2) name, address, and phone number of the consignor; and

(3) the pullorum classification if the birds originate outside of Kansas.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610 and K.S.A. 47-1832; implementing K.S.A. 47-610 and K.S.A. 47-1009; effective Jan. 3, 2025.)

Kan. Admin. Regs. § 9-10-55 Equidae

(a) Each equidae offered for sale at a public livestock market or at an occasional livestock sale, except a nursing foal six months of age or younger that is accompanied by the foal's dam that has a current negative equine infectious anemia test, shall have a valid USDA VS form 10-11, or an equivalent form approved by the animal health commissioner, that declares that the equidae had an official negative test for equine infectious anemia within the previous 12 months.

(b) Each public livestock market operator, public livestock market operator's representative, occasional livestock sale operator, or occasional livestock sale operator's representative shall ensure that each consignor offering an equidae for sale at the public livestock market or occasional livestock sale provides a copy of a valid official equine infectious anemia test for each equidae offered for sale. If an equidae has been tested for equine infectious anemia more than once during the previous 12 months, only the most recent test shall be considered a valid test.

(c) Each public livestock market operator, public livestock market operator's representative, occasional livestock sale operator, or occasional livestock sale operator's representative shall maintain a copy of the equine infectious anemia test for each equidae sold at the public livestock market or the occasional livestock sale for at least five years from the date of sale.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d and K.S.A. 47-610; implementing K.S.A. 47-607, K.S.A. 47-610, and K.S.A. 47-1008; effective Jan. 3, 2025.)

Kan. Admin. Regs. § 9-10-56 Swine

(a) Each public livestock market operator or occasional livestock sale operator shall offer for sale swine that originate from a healthy herd and from a state designated as free of swine pseudorabies and swine brucellosis.

(b) A public livestock market or an occasional livestock sale shall not offer for sale swine unless the swine is officially identified with one of the following means:

(1) Official ear tag;

(2) official backtag on sexually mature sows or boars that will be moved directly to slaughter;

(3) official premises tag;

(4) official swine tattoo; or

(5) any other means approved in advance by the USDA or the animal health commissioner.

(c) Each public livestock market operator, public livestock market operator's representative, occasional livestock sale operator, or occasional livestock sale operator's representative shall apply official identification as required by subsection (b) at the consignor's expense before the swine may be offered for sale, unless the swine is officially identified with a means of official identification outlined in subsection (b) before arrival at the public livestock market or occasional livestock sale.

(d) When a swine is officially identified as required by subsection (c), the public livestock market operator or occasional livestock sale operator shall keep a record for two years from the date of the sale. The record shall include the following:

(1) The swine's official identification;

(2) the date the official identification number was applied; and

(3) name, address and phone number of the consignor.

(e) Pursuant to K.S.A. 47-1809 and amendments thereto, a public livestock market operator or occasional livestock sale operator shall not offer feral swine for sale.

(f) Each public livestock market operator, public livestock market operator's representative, occasional livestock sale operator, or occasional livestock sale operator's representative shall report any feral swine to the animal health commissioner upon the feral swine's arrival at the public livestock market or occasional livestock sale.

(g) Each public livestock market operator, public livestock market operator's representative, occasional livestock sale operator, or occasional livestock sale operator's representative shall ensure that each swine intended for breeding purposes is not commingled with swine intended for feeding or slaughter purposes.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610; implementing K.S.A. 47-610, K.S.A. 47-1009, and K.S.A. 47-1809; effective Jan. 3, 2025.)

Kan. Admin. Regs. § 9-10-57 Sheep and goats

(a) Each public livestock market operator, public livestock market operator's representative, occasional livestock sale operator, or occasional livestock sale operator's representative shall ensure that each sheep or goat offered for sale at the public livestock market or occasional livestock sale regardless of age, breed, or sex, is identified with one of the following means of official identification:

(1) USDA approved scrapie tags;

(2) USDA animal identification number 840 tags which is an eartag that consists of 15 digits, with the first three digits being the United States country code of 840; or

(3) any other means approved in advance by the USDA or the animal health commissioner.

(c) When an animal is officially identified as required by subsection (b), the public livestock market operator or occasional livestock sale operator shall maintain a record that includes the following for a period of five years:

(1) The sheep's or goat's official identification number;

(2) the date the official identification was applied; and

(3) the name, address, and phone number of the consignor.

(d) Each public livestock market operator, public livestock market operator's representative, occasional livestock sale operator, or occasional livestock sale operator's representative shall ensure that any sheep or goat sold through a public livestock market or an occasional livestock sale complies with requirements in article 32 of the department's regulations.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610; implementing K.S.A. 47-610 and K.S.A. 47-1009; effective Jan. 3, 2025.)

Kan. Admin. Regs. § 9-10-58 Regulatory, inspection, and brand inspection fees

(a) Each public livestock market operator shall charge each consignor a separate regulatory fee of $0.20 for each horse, mule, bovine, swine, sheep, or goat offered for sale at the public livestock market except that each consignor shall be charged one regulatory fee for each sow and suckling pigs, cow and suckling calf, mare and suckling colt, doe and suckling kid, or ewe and suckling lamb offered for sale as a unit.

(b) Each electronic auction operator shall charge each consignor a separate regulatory fee of $.20 for each horse, mule, bovine, swine, sheep, or goat offered for sale if the livestock animal originates in the state of Kansas, except that each consignor shall be charged only one regulatory fee for each sow and suckling pigs, cow and suckling calf, mare and suckling colt, doe and suckling kid, or ewe and suckling lamb offered for sale as a unit.

(c) In addition to the fees required by subsections (a) and (b), each public livestock market operator shall charge each consignor a separate inspection fee for each livestock offered for sale at the public livestock market, except that each consignor shall only be charged one inspection fee for each mother and suckling offspring offered for sale as a unit.

(d) In addition to the fees required by subsections (a), (b), and (c), each public livestock market operator shall charge each consignor a separate brand inspection fee of $.40 per head on all bovine when a brand inspection occurs.

(e) Each regulatory fee, inspection fee, and brand inspection fee shall be shown on the consignor's invoice as a separate item. These fees shall not be included with any charges made by the operator for yardage, insurance, or other items.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610 and K.S.A. 47-1008; implementing K.S.A. 47-1008, K.S.A. 47-1011, and K.S.A. 47-1011a; effective Jan. 3, 2025.)

Kan. Admin. Regs. § 9-10-59 License fees and renewals

(a) As part of the application for a public livestock market license or an electronic auction license, each public livestock market operator and each electronic auction operator shall pay a license application fee of $375 to the animal health commissioner.

(b) Each license shall expire annually on September 30.

(c) Each electronic auction operator and each public livestock market operator shall pay one of the following annual license renewal fees on or before September 30:

(1) For each electronic auction operator, an annual license renewal fee of $250;

(2) for each public livestock market operator, an annual license renewal fee of $250; or

(3) for each person who simultaneously operates an electronic auction and a public livestock market, an annual license renewal fee of $375.

(d) Pursuant to K.S.A. 47-1001e and amendments thereto, it shall be illegal to operate a public livestock market or an electronic auction without a valid license.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-1001a and K.S.A. 47-1001e; effective Jan. 3, 2025.)

Article 11 Tuberculosis

Kan. Admin. Regs. § 9-11-10 Tuberculosis: uniform methods and rules

"Bovine tuberculosis eradication: uniform methods and rules," adopted and approved by the United States department of agriculture, animal and plant health inspection service, veterinary services, effective January 1, 2005, is hereby adopted by reference.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-610 and 47-631; implementing K.S.A. 47-608, 47-610, and 47-631; effective, T-86-11, May 1, 1985; effective May 1, 1986; amended Jan. 23, 1998; amended, T-9-2-18-05, Feb. 18, 2005; amended June 10, 2005.)

Article 12 Swine, Specific Pathogen Free Regulations

Kan. Admin. Regs. § 9-12-1 Definitions

(a) SPF—Specific Pathogen Free—Means swine which are free of certain specific diseases. SPF swine shall be free from virus pig pneumonia, infectious atrophic rhinitis, external parasites, vibrio coli dysentery, and any other disease or condition spread by direct contact.

(b) Licensed laboratory. A licensed laboratory shall be licensed under a patent held by the university of Minnesota and shall be in good standing with the national swine repopulation association.

(c) Primary SPF herd. A primary herd means a closed swine herd that originates solely from a licensed laboratory. Any additions to this herd must be laboratory swine from a licensed laboratory. The exchange of male stock between primary herds may be permitted, if completed under the supervision of a licensed veterinarian.

(d) Secondary SPF herd. A secondary SPF herd means a closed swine herd which originates from a licensed laboratory, primary SPF herd, or a secondary SPF herd. Any additions to a secondary herd must be from an accredited SPF herd. All swine added to the herd must be accompanied by individual SPF accreditation certificates issued by the national SPF swine accrediting agency, incorporated.

(e) Accredited SPF herd. An accredited SPF herd means a swine herd which has met all the standards for health, as determined by records, observation on the farm, and inspection at slaughter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1968 Supp. 47-670; effective, E-68-24, Aug. 9, 1968; effective Jan. 1, 1969.)

Kan. Admin. Regs. § 9-12-2 Laboratory SPF swine

Laboratory SPF pigs shall be derived only as follows:

(a) By the conventional hysterectomy procedure;

(b) By laparotomy or caesarian section, in which:

(1) There is accepted practice of strict surgical asepsis; and

(2) This pig's first breath is taken in an area protected from the expired area of the non-SPF dam. The latter may be accomplished by:

(A) Passing the pig from the uterus into a separate room with a separate air supply;

(B) Passing the pig from the uterus through a disinfectant water lock into a receptacle; or

(C) The closed method which is the removal of the uterus and placing same in a sterile receptacle, where the pigs are removed.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-670; implementing K.S.A. 47-669; effective, E-68-24, Aug. 9, 1968; effective Jan. 1, 1969; amended May 1, 1982.)

Kan. Admin. Regs. § 9-12-3 Licensed laboratory approval

A licensed laboratory for the production of SPF pigs shall be inspected and approved periodically by the national SPF advisory committee, and shall be on record with the national swine repopulation association as having been so approved.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1968 Supp. 47-670; effective, E-68-24, Aug. 9, 1968; effective Jan. 1, 1969.)

Kan. Admin. Regs. § 9-12-4 Slaughter examinations

A minimum of two examinations each year, showing negative results for virus pig pneumonia and atrophic rhinitis, shall be required for pigs farrowed on a farm, in order to maintain SPF accreditation status. The examinations shall be conducted by a pathologist designated by the livestock sanitary commissioner.

Permission may be granted by the livestock sanitary commissioner or his authorized representative for an annual slaughter examination when the owner is farrowing only once each year. The slaughter examination shall consist of a minimum of seven animals per inspection; provided, that in small herds, a lesser number may be submitted for slaughter examination. Specific permission for slaughter examination for a lesser number shall be required from the livestock sanitary commissioner of Kansas, or his authorized representative.

One slaughter inspection showing negative results, shall be considered as a qualifying inspection for SPF accreditation; provided such pigs are those actually farrowed on the farm. Slaughter inspection dates and locations shall be designated by the livestock sanitary commissioner of Kansas, or his authorized representative.

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History

History: (Authorized by K.S.A. 1968 Supp. 47-670; effective, E-68-24, Aug. 9, 1968; effective Jan. 1, 1969.)

Kan. Admin. Regs. § 9-12-5 Health inspections

All health and disease inspections shall be made by a licensed accredited veterinarian before accreditation for the swine herd, is issued. If, after this inspection, gross evidence of disease is established, further laboratory analysis shall be made before the swine herd can be accredited.

Health and disease inspection reports shall be filed in the office of the livestock sanitary commissioner of Kansas, or his representative, on a quarterly basis.

All veterinarian visits and contacts with swine herds on the farm, during the quarterly periods, between required reports, shall be reported in the current quarterly report, including complete diagnostic reports. Due date for the required quarterly reports shall be for the period ending on January 10, April 10, July 10, or October 10, of each year. A producer member delinquent in his reports or inspections, for longer than three months after report due date, shall have his accreditation suspended by the livestock sanitary commissioner of Kansas; provided, he shall have been first duly notified by such commissioner, or his authorized representative. He may have his accreditation renewed when his required reports and inspections are brought to date.

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History

History: (Authorized by K.S.A. 1968 Supp. 47-670; effective, E-68-24, Aug. 9, 1968; effective Jan. 1, 1969.)

Kan. Admin. Regs. § 9-12-6 Parasites

External parasites in a Specific Pathogen Free swine herd will be cause for suspending accreditation status until the parasitic condition is eliminated. Reinstatement shall be subject to regulation 9-12-8.

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History

History: (Authorized by K.S.A. 47-670; implementing K.S.A. 47-669; effective, E-68-24, Aug. 9, 1968; effective Jan. 1, 1969; amended May 1, 1982.)

Kan. Admin. Regs. § 9-12-7 Herd validation

The SPF swine herd shall be validated as brucellosis-free, according to existing state-federal brucellosis regulations.

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History

History: (Authorized by K.S.A. 1968 Supp. 47-670; effective Jan. 1, 1969.)

Kan. Admin. Regs. § 9-12-8 Accreditation suspension or termination

A positive diagnosis or atrophic rhinitis, virus pig pneumonia, or vibrio coli dysentery, shall be cause for disqualification of SPF swine herd accreditation. The presence of any other disease may cause temporary suspension of such accreditation, for a minimum of 30 days after the disease is eliminated, and until the livestock sanitary commissioner of Kansas has passed favorably on the herd.

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History

History: (Authorized by K.S.A. 1968 Supp. 47-670; effective, E-68-24, Aug. 9, 1968; effective Jan. 1, 1969.)

Kan. Admin. Regs. § 9-12-9 Accreditation status

The status of SPF swine herd accreditation or reaccreditation shall be determined by the livestock sanitary commissioner of Kansas or his authorized representative. In instances of problems, a committee made up of one state veterinarian, one extension veterinarian, and one veterinarian from the Kansas state university diagnostic laboratory, shall determine favorably the health of the swine herd for accreditation. A copy of the committee determination and recommendation shall be submitted to the livestock sanitary commissioner of Kansas and to the national association. The livestock sanitary commissioner shall then rule on the accreditation status of the herd.

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History

History: (Authorized by K.S.A. 1968 Supp. 47-670; effective, E-68-24, Aug. 9, 1968; effective Jan. 1, 1969.)

Kan. Admin. Regs. § 9-12-10 Inspection personnel

All inspections, reports, tests, vaccinations, surgical procedures, accreditation, reaccreditation, or any other methods or procedures necessary to accredit, and maintain accreditation of, SPF swine herds, shall be done by a veterinarian, or by some other appropriate individual who shall not have any financial interest in the swine herd involved; except when special permission to perform any of these acts is granted by the livestock sanitary commissioner or his authorized representative.

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History

History: (Authorized by K.S.A. 1968 Supp. 47-670; effective, E-68-24, Aug. 9, 1968; effective Jan. 1, 1969.)

Article 14 Livestock Dealers Registration

Kan. Admin. Regs. § 9-14-1 Definitions

The following definitions shall apply in the interpretation, administration and enforcement of Article 14:

(a) "Commissioner" means the livestock commissioner of the state of Kansas.

(b) "Livestock" means cattle, swine, horses, sheep, goats, and poultry.

(c) "Livestock dealer" means any person engaged in the business of buying or selling livestock in commerce, either on that person's own account or as the employee or agent of the seller or purchaser, or any person engaged in the business of buying or selling livestock in commerce on a commission basis. It shall not include any person who buys or sells livestock as part of that person's own breeding, feeding, or dairy operation, nor any person who receives livestock exclusively for immediate slaughter.

(d) "Person" means any individual, partnership, corporation, company, firm, or association. "Person" does not include any public livestock market operator licensed under K.S.A. 47-1001, et seq., or any feed lot operator licensed under K.S.A. 47-1501, et seq.

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History

History: (Authorized by and implementing K.S.A. 47-607d, 47-610; effective, T-84-23, Aug. 30, 1983; effective May 1, 1984.)

Kan. Admin. Regs. § 9-14-2 Registration; application; fee

Each person operating as a livestock dealer in Kansas shall register with the Kansas animal health department on an application form approved by the commissioner. An annual fee of $75.00 shall accompany each application for registration or renewal of registration.

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History

History: (Authorized by K.S.A. 47-607d and 47-610; implementing K.S.A. 47-607d, 47-610, and 47-1805; effective, T-84-23, Aug. 30, 1983; effective May 1, 1984; amended, T-9-8-8-00, Aug. 8, 2000; amended Nov. 13, 2000.)

Kan. Admin. Regs. § 9-14-3 Recordkeeping; violations

Each livestock dealer shall keep records and accounts of all livestock purchased for resale that are sufficient to enable the commissioner to trace individual animals back to the herd of origin, to the point of destination or both. These records and accounts shall be kept for a minimum of two years after livestock were purchased for resale. The commissioner or the commissioner's employees or agents shall have the authority to examine the records and accounts during normal working hours. After notice and hearing, the commissioner may deny any application for registration or suspend or revoke any registration in force, if formal findings are made that the person has failed repeatedly to maintain records and accounts that are sufficient to allow the commissioner to trace animals back to the herd of origin, to the point of destination or both.

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History

History: (Authorized by and implementing K.S.A. 47-607d, 47-610; effective, T-84-23, Aug. 30, 1983; effective May 1, 1984.)

Article 15 Livestock Brands

Kan. Admin. Regs. § 9-15-1 Single letters or numerals banned

Single letters or single numerals are not acceptable for registration as cattle brands.

Editor's Note:

Regulations 9-15-1 to 9-15-3 transferred from 8-1-1 to 8-1-3.

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History

History: (Authorized by K.S.A. 47-418, 47-426; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-15-2 Ear marks; limited recognition

Ear marks are not acceptable for registration as livestock brands. Applicants may record ear marks in conjunction with the registration of a lawful brand.

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History

History: (Authorized by K.S.A. 47-426; implementing K.S.A. 47-414, 47-418, and 47-426; effective Jan. 1, 1966; amended Feb. 21, 2025.)

Kan. Admin. Regs. § 9-15-3 Brand locations

Certificate of brand title shall not be issued upon original application for registration except for the shoulder, rib and hip locations on either side of the animal; Provided, That certificate of brand title may be issued for the branding of sheep with paint or tar on the back.

Editor's Note:

Regulations 9-15-1 to 9-15-3 transferred from 8-1-1 to 8-1-3.

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History

History: (Authorized by K.S.A. 47-418 and 47-426; effective Jan. 1, 1966.)

Kan. Admin. Regs. § 9-15-4 Brand registration and renewal fees

Each person desiring to register a livestock brand in accordance with the laws of the state of Kansas shall forward to the livestock commissioner an application fee of $5.00 and a separate registration fee of $70.00. Upon receipt of a notice of renewal from the livestock commissioner, each person who wishes to renew the registration of a livestock brand shall submit to the livestock commissioner a renewal fee of $70.00 before the registration period expires.

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History

History: (Authorized by K.S.A. 47-426; implementing K.S.A. 2024 Supp. 47-417; effective, E-81-5, Jan. 10, 1980; effective May 1, 1980; amended, T-9-8-8-00, Aug. 8, 2000; amended Nov. 13, 2000; amended Feb. 21, 2025.)

Kan. Admin. Regs. § 9-15-5 Brand inspection fees

(a)(1) Each owner or seller of cattle or sheep that are in a brand inspection area shall pay a fee of $.50 per head of cattle inspected by the livestock commissioner's brand inspectors and a fee of $.05 per head of sheep inspected. The total minimum fee charged for each brand inspection area shall be the sum of $20.00 plus a mileage charge per mile traveled by the brand inspector between the inspection site and the inspector's residence. The mileage charge shall be based on the schedule of charges for use of central motor pool vehicles established under K.S.A. 75-4607, and amendments thereto.

(2) If one or more of the livestock commissioner's brand inspectors provide on-site inspection of cattle or sheep that are not in a brand inspection area or a public livestock market, the owner or seller shall pay the fee established under paragraph (a)(1).

(b) The owner or seller shall pay the fee established under subsection (a) to the brand inspector at the conclusion of the inspection.

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History

History: (Authorized by K.S.A. 47-426, K.S.A. 47-436, and K.S.A. 47-437, as amended by L. 2000, Ch. 111, §5; implementing K.S.A. 47-417a and K.S.A. 47-437, as amended by L. 2000, Ch. 111, §5; effective, T-9-8-29-00, Aug. 29, 2000; effective Dec. 29, 2000.)

Article 17 Pseudorabies in Swine

Kan. Admin. Regs. § 9-17-1 Definitions

(a) "Herd" means all swine on the premises of any person owning or possessing swine.

(b) "Negative herd test" means all breeding-age animals are negative to an approved pseudorabies test or tests conducted by an approved diagnostic laboratory.

(c) "Monitored herd test" means a herd in which an approved percentage or qualifying number of breeding animals in the herd have been tested and are negative to an approved pseudorabies test.

(d) "Pseudorabies infected herd" means any herd that has been determined to be infected with pseudorabies by an official pseudorabies test or diagnosed by a veterinarian as having pseudorabies.

(e) "Exposed animal" means any animal that has been in contact with an animal infected with pseudorabies.

(f) "Exhibition swine" means swine that are to be exhibited in public view.

(g) "Swine slaughter show" means a show at which all swine on the premises are slaughtered immediately following their exhibition and swine may exhibit without a negative pseudorabies test.

(h) "Breeding herd" means all swine on the premises six months of age and older maintained for breeding purposes and which shall be kept separate and apart from all other swine except their progency less than eight weeks of age.

(i) "Pseudorabies monitored qualified feedlot" means a licensed premise that feeds swine originating from a qualified pseudorabies negative tested herd or a monitored pseudorabies negative herd.

(j) "Swine feedlot" means licensed premises that purchase, grow and/or finish swine. They may be animals of unknown status from either intra or interstate sources.

(k) "Quarantine swine feedlot" means premises that may feed swine from a known infected or exposed quarantined herd located in Kansas.

(l) "Circle testing" means testing all swine including those in feedlots within a 1.5 mile radius of infected premises by either testing of all breeding swine or by a monitored herd test for pseudorabies.

(m) "Mandatory infected herd plan" means any herd owner that has been determined to be infected with pseudorabies shall develop an acceptable herd plan to eradicate the virus from the owner's premises.

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History

History: (Authorized by K.S.A. 47-607d as amended by L. 1989, Ch. 154, Sec. 14; 47-610 as amended by L. 1989, Ch. 156, Sec. 16; implementing 47-607d as amended by L. 1989, Ch. 154, Sec. 14, 47-608 as amended by L. 1989, Ch. 156, Sec. 15; 47-610 as amended by L. 1989, Ch. 156, Sec. 16; effective Sept. 26, 1988; amended Feb. 5, 1990.)

Kan. Admin. Regs. § 9-17-2 Qualified pseudorabies negative herd

(a) Qualified pseudorabies negative herd status shall be attained by subjecting all swine over six months of age to an official pseudorabies test and finding all swine so tested to be negative. Each herd shall not have been a known infected herd within the last 30 days before the test. Ninety percent of the swine in the herd shall have been on the premises for at least 50 days prior to testing.

(b) Each qualified pseudorabies negative herd status shall be maintained by subjecting all swine in the herd over six months of age to an official pseudorabies test at least once each year. This shall be accomplished by:

(1) (A) testing 25 per cent of the swine over six months of age, every 80-105 days with negative results for all tested; or

(B) testing 10 per cent of the herd each month with negative results for all tested; and

(2) finding the entire herd negative for pseudorabies as a result of tests performed in paragraph (1) (A) and (B).

(c) All swine to be added to a qualified negative herd shall be isolated until they have passed two official negative tests. The first test shall be conducted 30 days or more after the start of isolation. The second test shall be conducted 30 days or more after the first test. Any modification of these requirements shall have prior approval from the livestock commissioner.

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History

History: (Authorized by K.S.A. 47-607d as amended by L. 1989, Ch. 156, Sec. 14; 47-610 as amended by L. 1989, Ch. 156, Sec. 16; implementing K.S.A. 47-607d as amended by L. 1989, Ch. 156, Sec. 14; 47-608 as amended by L. 1989, Ch. 156, Sec. 15; 46-610 as amended by L. 1989, Ch. 156, Sec. 16; effective Sept. 26, 1988; amended Feb. 5, 1990.)

Kan. Admin. Regs. § 9-17-3 Eradication of pseudorabies from infected swine herds

(a) The herd owner of a pseudorabies infected herd shall submit a mandatory infected herd plan within 60 days after discovery of the infection.

(b) (1) Any swine may be fed out for slaughter, or moved to a quarantined feed lot after approval for direct movement and a shipping permit by the Kansas animal health department for direct movement.

(2) Swine shall not be eligible for exhibition if they originate from a known infected herd.

(c) Any swine herd owner possessing pseudorabies infected tissue or a carcass may dispose of the tissue or carcass by deep burial, removal to a rendering plant, or incineration. The infected swine herd shall be isolated from all other animals.

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History

History: (Authorized by K.S.A. 47-607d as amended by L. 1989, Ch. 156, Sec. 14; 47-610 as amended by L. 1989, Ch. 156, Sec. 16; implementing K.S.A. 47-607d as amended by L. 1989, Ch. 156, Sec. 14; 47-608 as amended by L. 1989, Ch. 156, Sec. 15; effective Sept. 26, 1988; amended Feb. 5, 1990.)

Kan. Admin. Regs. § 9-17-4 Exhibition swine

All swine shall pass an official pseudorabies test approved by the livestock commissioner within 60 days before the opening date of exhibition, except:

(a) Swine from a qualified pseudorabies negative herd;

(b) Swine qualifying for slaughter shows where all swine on the premises are slaughtered immediately following exhibition and no other species of animals are on the premises; or

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History

History: (Authorized by K.S.A. 47-607d as amended by L. 1989, Ch. 156, Sec. 14; 47-610 as amended by L. 1989, Ch. 156, Sec. 16; implementing 47-607d as amended by L. 1989, Ch. 156, Sec. 14; 47-608 as amended by L. 1989, Ch. 156, Sec. 15; and 47-610 as amended by L. 1989, Ch. 156, Sec. 16; effective Sept. 26, 1988; amended Feb. 5, 1990.)

Kan. Admin. Regs. § 9-17-5 Swine slaughter show

(a) Swine originating from a herd or premises known to have had pseudorabies in any animal within the preceding 12 months shall not be exhibited in Kansas, except at a slaughter show.

(b) Shows of any animals except poultry, rabbits or horses shall not be on the same premises within 14 days following a swine slaughter show.

(c) Swine from a herd in which pseudorabies vaccine has been used shall not be exhibited, except in a swine slaughter show.

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History

History: (Authorized by K.S.A. 47-607d; 47-610; implementing 47-607d, 47-608, and 47-610; effective Sept. 26, 1988.)

Kan. Admin. Regs. § 9-17-6 Change of ownership

All breeding swine that are offered for sale shall be tested for pseudorabies or originate from a qualified pseudorabies negative herd. The seller shall be responsible for the testing.

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History

History: (Authorized by K.S.A. 47-607d as amended by L. 1989, Ch. 156, Sec. 14; 47-610 as amended by L. 1989, Ch. 156, Sec. 16; implementing 47-607d as amended by L. 1989, Ch. 156, Sec. 14; 47-608 as amended by L. 1989, Ch. 156, Sec. 15; and 47-610 as amended by L. 1989, Ch. 156, Sec. 16; effective Feb. 5, 1990.)

Kan. Admin. Regs. § 9-17-7 Monitored qualified feedlot breeding swine

Animals for breeding purposes originating in a pseudorabies monitored qualified feedlot shall be separated 21 to 45 days prior to being tested for pseudorabies. A positive test shall result in the loss of pseudorabies monitored qualified feedlot status.

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History

History: (Authorized by K.S.A. 47-607d as amended by L. 1989, Ch. 156, Sec. 14; 47-610 as amended by L. 1989, Ch. 156, Sec. 16; implementing K.S.A. 47-607d as amended by L. 1989, Ch. 156, Sec. 14; 47-608 as amended by L. 1989, Ch. 156, Sec. 15; and 47-610 as amended by L. 1989, Ch. 156, Sec. 16; effective Feb. 5, 1990.)

Kan. Admin. Regs. § 9-17-8 Swine feedlot restrictions

Sale of animals from a swine feedlot are restricted to sale for slaughter only or for sale to another approved swine feedlot.

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History

History: (Authorized by K.S.A. 47-607d as amended by L. 1989, Ch. 156, Sec. 14; 47-610 as amended by L. 1989, Ch. 156, Sec. 16; implementing 47-607d as amended by L. 1989, Ch. 156, Sec. 14; 47-608 as amended by L. 1989, Ch. 156, Sec. 15; and 47-610 as amended by L. 1989, Ch. 156, Sec. 16; effective Feb. 5, 1990.)

Article 18 Animal Facility Inspection Program—License and Registration Fees

Kan. Admin. Regs. § 9-18-4 Definitions

For purposes of this article of the department's regulations, each of the following terms shall have the meaning specified in this regulation:

(a) "Act" means Kansas pet animal act, K.S.A. 47-1701 et seq., and amendments thereto.

(b) "Adult animal" means a dog or cat that is four months of age or older.

(c) "Housing facility" has the meaning specified in K.S.A. 47-1701, and amendments thereto, and shall include any land or area housing or intended to house animals.

(d) "Indoor housing facility" means any structure or building with environmental controls that houses or is intended to house animals and that is an enclosure created by the continuous connection of a roof, walls, and floor.

(e) "Licensee" means the individual, group of individuals, or entity to whom a license is issued by the Kansas department of agriculture, animal health division's animal facility inspection program.

(f) "Outdoor housing facility" means any facility that houses or is intended to house animals and does not meet the definition of indoor housing facility or sheltered housing facility. The temperatures for outdoor housing facilities typically cannot be controlled.

(g) "Pet animal foster home" means the licensed premises of an individual who has a written and signed agreement to provide temporary care for one or more dogs or cats owned by an animal shelter or a rescue network that is licensed by the state of Kansas.

(h) "Rescue network" means the premises of a rescue network manager and all pet animal foster homes organized under that rescue network manager that provide temporary care for one or more dogs or cats not owned by an animal shelter that maintains a central facility for keeping animals.

(i) "Rescue network manager" means the person designated by a rescue network to be responsible for the following functions:

(1) Approving the membership of each pet animal foster home in the rescue network;

(2) carrying out the duties of the rescue network manager under K.A.R. 9-18-27, including the intake of all dogs and cats in the care of the rescue network;

(3) maintaining on that person's premises all documentation required by K.A.R. 9-18-27 and 9-18-28, including records pertaining to the adoption, placement, or other disposition of each dog and cat receiving temporary care from the rescue network; and

(4) ensuring compliance with this regulation and K.A.R. 9-18-28 by each pet animal foster home belonging to the rescue network.

(j) "Sheltered housing facility" means a housing facility that includes a structure or building with environmental controls and also allows animals independent access to the outside. This term shall include any facility that does not meet the definition of indoor housing facility due to having a gravel or dirt floor or not being entirely enclosed.

(k) "Temporary care" means the care and housing of an animal for 12 months or less during the calendar year, except as provided by K.A.R. 9-18-27(g) and K.A.R. 9-18-28(j).

(l) "Temporary pet shop" means a type of pet shop that operates for a total of 12 or fewer sale days per license year and is not permanently located on a premises.

(m) "U.S.D.A." means United States department of agriculture.

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History

History: (Authorized by and implementing K.S.A. 2016 Supp. 47-607d and K.S.A. 47-1712; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-5 Importing dogs and cats

Dogs and cats shall not be imported into Kansas unless the dogs and cats are accompanied by a certificate of veterinary inspection issued by a licensed veterinarian, stating that each dog and cat meets the following requirements:

(a) Is free from symptoms of any communicable disease;

(b) has not been exposed to rabies; and

(c) has been vaccinated against rabies with a product licensed by the U.S.D.A., with the duration of immunity and method of administration in accordance with the manufacturer's guidelines. Dogs and cats under three months of age shall not be required to be vaccinated against rabies.

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History

History: (Authorized by K.S.A. 2016 Supp. 47-607, 47-607d, 47-610; implementing K.S.A. 2016 Supp. 47-607, 47-607d, 47-608, 47-610; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-6 Fees

Each applicant for a license or permit and each applicant, licensee, or permittee subject to or requesting an inspection pursuant to K.S.A. 47-1701 et seq., and amendments thereto, shall pay the applicable fee or fees, as follows:

(b) License for an animal shelter located as follows:

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History

History: (Authorized by and implementing K.S.A. 2018 Supp. 47-1721; effective Nov. 17, 2017; amended Feb. 8, 2019.)

Kan. Admin. Regs. § 9-18-7 Records

(a) Each licensee shall maintain records for each animal purchased, acquired, held, transported, sold, or disposed of in any other manner.

(1) Each cat or dog of weaning age and older shall be individually identified. The records shall include the following:

(A) The name and address of the person from whom each animal was acquired;

(B) the date each animal was acquired; and

(i) The animal's age, size, color markings, sex, species, and breed;

(ii) any available information regarding vaccinations;

(iii) any other significant identification for each animal, including any official tag number, microchip, or tattoo; and

(iv) the name and address of the person to whom any animal is sold, given, bartered, or otherwise delivered or euthanized, and the date on which the action took place. The record shall show the method of disposition.

(2) The records of animals other than cats and dogs shall be kept so that the origins of lots can be identified. Animals from multiple origins may be comingled if records indicate all of the origins of a lot. The records shall include the date the lots were acquired, from whom the lots were acquired, general identification information, and disposition information.

(b) Each licensee shall store records for the current license year and previous two license years on the premises where the animals are located and shall make the records available for inspection.

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History

History: (Authorized by and implementing K.S.A. 47-1712; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-8 Access to premises

Each licensee shall provide the commissioner or the commissioner's representatives with access to the licensee's premises Monday through Friday, between 7:00 a.m. and 7:00 p.m., in order to take any of the following actions:

(a) Enter the licensee's place of business;

(b) examine records required to be kept under K.A.R. 9-18-7;

(d) inspect premises and animals as the commissioner or the commissioner's representatives consider necessary to enforce the provisions of the act and this article of the department's regulations;

(e) document, by the taking of photographs and other means, any conditions and areas of noncompliance; and

(f) use a room, table, or other facilities necessary for the examination of the records and inspection.

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History

History: (Authorized by and implementing K.S.A. 47-1712; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-9 Inspections of premises

(a) Each premises that is licensed or that the commissioner finds reasonable grounds to believe is required to be licensed under the act shall be subject to routine inspections by the commissioner or any of the commissioner's authorized representatives to determine compliance with the act and all applicable regulations.

(b) Each premises shall be subject to routine inspections at the following intervals:

(1) A routine inspection shall be conducted every three to 12 months for each new premises and each premises that has failed one of its two most recent inspections.

(2) A routine inspection shall be conducted every nine to 18 months for each premises that has passed its two most recent inspections.

(3) A routine inspection shall be conducted every 15 to 24 months for each premises that has passed its three most recent inspections.

(c) In addition to routine inspections, any premises may be subject to one or more additional inspections under any of the following circumstances:

(1) A violation was found in a previous inspection.

(2) A complaint is filed regarding the premises.

(3) The ownership of the premises changed in the previous year.

(4) The license for the premises was not renewed in a timely manner.

(d) Routine inspections shall be made on Monday through Friday, between the hours of 7:00 A.M. and 7:00 P.M., except that these inspections may be conducted at alternate times, upon the agreement of all interested persons or entities.

(e) If the owner or operator of the premises is not routinely available between the hours of 7:00 A.M. and 7:00 P.M., the owner or operator shall designate a representative who will be present while the inspection is conducted and shall notify the commissioner in writing of the name of the designated representative. The designated representative shall be 18 years of age or older and mentally and physically capable of representing the licensee in the inspection process. The owner or operator shall notify the commissioner in writing of any new representative who is designated to be present during inspections.

(f) Any inspection to investigate allegations of violations adversely affecting the health, safety, and welfare of the animals may be conducted on any day of the week and at any hour deemed reasonably necessary by the commissioner.

(g) Prior notice of inspection dates shall not be provided to the owner or operator of any licensed premises.

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History

History: (Authorized by K.S.A. 47-1712; implementing K.S.A. 2018 Supp. 47-1709, K.S.A. 2018 Supp. 47-1733, and K.S.A. 2018 Supp. 47-1736; effective Nov. 17, 2017; amended Feb. 8, 2019.)

Kan. Admin. Regs. § 9-18-10 General requirements for housing facilities

(a) Construction. Each housing facility shall be designed and constructed as follows:

(1) In a manner that is structurally sound; and

(2) in a manner that protects animals from injury, contains the animals securely, and restricts other animals from entering.

(b) Housekeeping. Each licensee shall keep the premises where housing facilities and food storage are located, including buildings and surrounding grounds, clean and in good repair to protect the animals from injury, to facilitate the husbandry practices required by K.A.R. 9-18-14 and to reduce or eliminate breeding and living areas for rodents and other pests and vermin. The licensee shall keep the premises free of accumulations of trash, junk, waste products, and discarded matter. The licensee shall control weeds, grasses, and bushes so as to facilitate cleaning of the premises and pest control and to protect the health and well-being of the animals.

(1) The surfaces of each housing facility, including any houses, dens, fixtures, and objects in the housing facility that are similar to furniture, shall be constructed and maintained in a manner and made of materials that allow them to be readily cleaned and sanitized on a regular basis, or shall be removed or replaced when worn or soiled.

(2) All interior surfaces and any surfaces that come into contact with animals shall meet the following requirements:

(A) Be free of rust; and

(B) be free of jagged edges or sharp points that might injure the animals.

(3) Each licensee shall maintain all surfaces on a regular basis, which shall include regular cleaning and sanitizing. Surfaces shall be replaced when the surfaces are worn or permanently soiled and can no longer be effectively cleaned and sanitized.

(4) The floors and walls of each indoor housing facility, and any other surfaces in contact with the animals, shall be impervious to moisture. The ceilings of each indoor housing facility shall be impervious to moisture or shall be replaceable.

(d) Water and electric power. Each indoor housing facility or sheltered housing facility shall have electric power. Each outdoor housing facility shall have lighting and electric power that allows for animal husbandry as required under this act. Each housing facility shall have access to adequate potable water for animal and facility needs.

(e) Storage. Each licensee shall store supplies of food and bedding in a manner that protects the supplies from spoilage, contamination, and vermin infestation. Food requiring refrigeration shall be stored accordingly. Each licensee shall keep all open supplies of food and bedding in leakproof containers with tightly fitted lids. Only food and bedding currently being used may be kept in the animal areas. The licensee shall not store any substance that is toxic to the animals in food storage and preparation areas. However, toxic substances that are required for normal husbandry practices may be stored in the animal areas if stored in a manner that prevents harmful exposure to animals.

(f) Drainage and waste disposal.

(1) Each licensee shall provide for the regular and frequent collection, removal, and disposal of animal and food wastes and other debris in a manner that minimizes contamination and disease risks.

(2) If present, disposal facilities and drainage systems shall be properly constructed, installed, and maintained in such a manner to avoid all foul odors and any backup of sewage.

(3) Each licensee shall ensure that any standing liquid in the animal enclosures is removed in an efficient manner so that the animals stay dry.

(4) Each licensee shall use trash containers for facility waste that are leakproof and shall keep tightly fitted lids on the containers at all times.

(g) Washing facilities. Washing facilities shall be provided for animal caretakers and shall be readily accessible. Washing facilities may include washrooms, basins, sinks, or showers.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-1712; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-11 Additional requirements for indoor housing facilities and sheltered housing facilities

The requirements in this regulation shall be in addition to the requirements in K.A.R. 9-18-10.

(a) Structure. The building or structure of each indoor housing facility and each sheltered housing facility shall be constructed so that temperature and humidity levels can be controlled and odors can be eliminated rapidly. The building or structure shall have at least one door for entry and exit that can be opened and closed. Any windows or openings that provide natural light shall be covered with glass, hard plastic, or a similar hard, transparent material.

(b) Heating, cooling, and temperature. Each licensee operating an indoor housing facility or a sheltered housing facility shall ensure that the facility is sufficiently heated and cooled to protect and provide for the animals' health and well-being.

(1) Each licensee operating an indoor housing facility or a sheltered housing facility shall ensure that, when dogs or cats are present, the ambient temperature in the facility does not fall below 45°F or 7.2°C for more than four consecutive hours and does not exceed 85°F or 29.5°C for more than four consecutive hours.

(2) Each licensee shall provide dry bedding, solid resting boards, or other means of conserving body heat whenever the ambient temperature inside the facility is below 50°F or 10°C.

(3) Except as approved by the attending veterinarian, a licensee operating an indoor housing facility or a sheltered housing facility shall not permit the ambient temperature in the facility to fall below 50°F or 10°C when any of the following dogs or cats are present:

(A) Any dog or cat not acclimated to lower temperatures;

(B) any dog or cat of a breed that cannot tolerate lower temperatures without stress or discomfort, including short-haired breeds; or

(C) any dog or cat that is sick, infirm, or of a young or advanced age so that the dog or cat cannot tolerate lower temperatures without stress or discomfort.

(c) Ventilation. When animals are present, each indoor housing facility or sheltered housing facility shall be sufficiently ventilated at all times to provide for the animals' health and well-being and to minimize odors, drafts, ammonia levels, and moisture condensation. Ventilation shall be provided by windows, vents, fans, or air conditioning units. The licensee shall provide auxiliary ventilation whenever the ambient temperature is at least 85°F or 29.5°C. Auxiliary ventilation may include fans, blowers, and air conditioning units. The licensee shall maintain the relative humidity at a level that ensures the health and well-being of the animals housed in the facility, in accordance with the directions of the attending veterinarian and generally accepted professional and husbandry practices.

(d) Lighting. Each licensee shall provide enough lighting in all animal areas of each indoor housing facility or sheltered housing facility to permit inspection and cleaning of the facility and observation of the animals. All animal areas shall be provided with a regular, uniform diurnal lighting cycle of either natural or artificial light when species-appropriate. Each primary enclosure shall be placed in a manner that protects the dogs and cats from excessive light.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-1712; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-12 Additional requirements for outdoor housing facilities

The requirements in this regulation shall be in addition to the requirements in K.A.R. 9-18-10.

(a) Restrictions.

(1) A licensee shall not keep any of the following categories of dogs or cats in outdoor housing facilities, unless that practice is specifically approved in writing by the attending veterinarian:

(A) Any dog or cat that is not acclimated to the temperatures prevalent in the area or whose acclimation status is unknown;

(B) any dog or cat of a breed that cannot tolerate the prevalent temperatures of the area without stress or discomfort, including short-haired breeds in cold climates; and

(C) any dog or cat that is sick, infirm, or of a young or advanced age so that the dog or cat cannot tolerate the prevalent temperatures of the area without stress or discomfort.

(2) If a licensee operating an outdoor housing facility does not know whether a dog or cat is acclimated, the licensee shall not keep that dog or cat in the outdoor housing facility whenever the ambient temperature is less than 50°F or 10°C.

(b) Shelter from the elements. Each outdoor housing facility shall include one or more shelter structures accessible to each animal, large enough to allow each animal in the shelter to sit, stand, and lie in a normal manner and to turn about freely, and of appropriate size to allow each animal to conserve body heat. In addition to the shelter structures, each licensee shall provide one or more separate, outside areas of shade that are large enough to contain all the animals at one time and protect them from the direct rays of the sun. Each shelter structure in an outdoor housing facility for dogs or cats shall contain a roof, four sides, and a flat floor and shall meet the following requirements:

(1) Provide protection and shelter from the cold, heat, and direct effects of sun, wind, rain, snow and other elements;

(2) be provided with a wind break and rain break at the entrance; and

(3) contain clean, dry bedding material as necessary. Bedding shall be provided if the ambient temperature is below 50°F or 10°C. The licensee shall provide additional clean, dry bedding material when the temperature is 35°F or 1.7°C or lower.

(c) Prohibited shelter structures. A licensee shall not use metal barrels, cars, refrigerators, freezers, or any similar items as shelter structures.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-1712; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-13 Primary enclosures

(a) Construction. Each primary enclosure shall be designed and constructed of suitable materials so that the primary structure is structurally sound. Each licensee shall keep the primary enclosure in good repair.

(b) Maintenance. Each primary enclosure shall be constructed and maintained so that the primary enclosure meets the following conditions:

(1) Provides all the animals with shelter and protection from extreme temperatures and weather conditions that could be uncomfortable or hazardous;

(2) provides sufficient shade to protect from direct sun all the animals housed in the primary enclosure simultaneously;

(3) has floors that are constructed in a manner that protects the animals' feet and legs from injury. If the floor is constructed of mesh or slats, the floor shall not allow the animals' feet to pass through any openings in the floor. If any metal strands are used to construct a suspended floor for the primary enclosure, the metal strands shall be nine-gauge wire or wire that is greater than ⅛ of an inch in diameter or shall be coated with plastic, fiberglass, or a comparable material. If any suspended floor is used in a primary enclosure, that floor shall be strong enough that the floor does not sag or bend between structural supports; and

(4) if stacked cages are used to house animals, provides an impervious barrier between the levels of stacked cages. The barrier may be removed as needed for cleaning.

(c) Additional requirements for cats. The requirements of this subsection shall be in addition to the requirements in subsection (a), (b), and (e).

(1) Space. The licensee shall provide the following minimum vertical space and floor space for each cat that is housed in the primary enclosure, including any weaned kitten:

(A) Each primary enclosure housing cats shall be at least 24 inches (60.96 centimeters) high.

(B) Each cat weighing not more than 8.8 pounds (4 kilograms) shall be provided with at least 3.0 square feet (0.28 square meters) of floor space.

(C) Each cat weighing more than 8.8 pounds (4 kilograms) shall be provided with at least four square feet (0.37 square meters) of floor space.

(D) Each queen with nursing kittens shall be provided with an additional amount of floor space, based on her breed and behavioral characteristics and in accordance with generally accepted husbandry practices.

(E) The minimum floor space required by this subsection shall not include any space occupied by food or water pans. The litter pan may be considered part of the floor space if the pan is cleaned and sanitized.

(2) Litter. The licensee shall provide a receptacle in each primary enclosure that contains sufficient clean litter to contain excreta and other body wastes.

(3) Resting surfaces. Each primary enclosure housing cats shall contain one or more elevated resting surfaces that, when added together, are large enough to hold simultaneously all the occupants of the primary enclosure comfortably. Low resting surfaces that do not allow the space under them to be comfortably occupied by the animal shall be counted as part of the floor space.

(d) Additional requirements for dogs. The requirements of this subsection shall be in addition to the requirements in subsections (a), (b), and (e).

(1) Space.

(A) The licensee shall provide a minimum amount of floor space for each dog housed in the primary enclosure, including each weaned puppy housed in a primary enclosure, using the following calculation: the length of the dog or puppy from the tip of the nose to the base of the tail in inches plus six inches, squared, and then divided by 144, shall equal the required minimum floor space in square feet.

(B) The licensee shall provide each bitch that has nursing puppies with an additional amount of floor space, based upon the dog's breed and behavioral characteristics and in accordance with generally accepted husbandry practices, as determined by the attending veterinarian.

(C) The interior height of a primary enclosure shall be at least six inches higher than the head of the tallest dog in the primary enclosure in a normal standing position.

(2) Prohibited types of primary enclosures for dogs. The tethering of dogs shall be prohibited for use as a permanent primary enclosure.

(e) Innovative primary enclosures. Any licensee may use an innovative primary enclosure not meeting the floor area and height requirements specified in this regulation if the commissioner determines that the primary enclosure will provide the dogs or cats with a sufficient volume of space and the opportunity to express species-typical behavior.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-1712; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-14 Cleaning, sanitization, and pest control

(a) Each licensee shall spot-clean daily all surfaces with which the animals come into contact. These surfaces shall be sanitized as necessary to avoid excessive accumulation of excreta, reduce disease hazard, avoid animal contact with excreta, and prevent or eliminate odors, insects, pest, and vermin infestation. If steam or water is used to clean the primary enclosure, whether by hosing, flushing, or other methods, the licensee shall first remove the animals, unless the enclosure is large enough to ensure that the animals will not be harmed, wetted, or distressed in the process.

(b)(1) Each licensee shall clean and sanitize each used primary enclosure and each used food and water receptacle using one of the methods prescribed in paragraph (b)(3) before the primary enclosure or food and water receptacle is used to house, feed, or water another dog, cat, or social grouping of animals.

(2) The licensee shall sanitize all used primary enclosures and food and water receptacles for animals at least once every two weeks using one of the methods prescribed in paragraph (b)(3), and more often if necessary to prevent an accumulation of dirt, debris, food waste, excreta, and other disease hazards.

(3) Each licensee shall sanitize the surfaces of primary enclosures and the food and water receptacles using one of the following methods:

(A) Spraying all surfaces with steam under pressure;

(B) washing all surfaces with hot water that is at least 180°F or 82.2°C and with soap or detergent, using a mechanical cage washer or similar device; or

(C)(i) Washing all soiled surfaces with appropriate detergent solutions and disinfectants or with a product that is a combination of a detergent and a disinfectant that accomplishes the same purpose;

(ii) thoroughly cleaning the surfaces to remove all organic material and mineral buildup and to provide sanitization; and

(iii) rinsing with clean water.

(4) Each licensee shall remove any contaminated material that cannot be sanitized using the methods specified in paragraph (b)(3), including gravel, sand, grass, earth, or absorbent bedding, as often as necessary to prevent odors, diseases, pests, insects, and vermin infestation.

(c) Each licensee shall establish and maintain an effective program for the control of insects and external parasites affecting animals. Additionally, the licensee shall develop a plan for the management of birds and mammals that are pests or potential hazards so as to promote the health and well-being of the animals and reduce contamination by pests in animal areas.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-1712; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-15 Compatible grouping

No licensee shall house any animals in groups that are incompatible, including incompatibility due to age, sexual status, aggressive disposition, breed, species, contagious disease, or any other reasons.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-1712; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-16 Separation of animals by gender

All sexually intact adult animals shall be housed separately from all other sexually intact adult animals of the opposite sex within an animal shelter, rescue network, or pet animal foster home.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-1712; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-17 Feeding and watering

(a)(1) Each licensee shall meet the "adequate feeding" requirements as defined in K.S.A. 47-1701, and amendments thereto. Each licensee shall feed all animals as appropriate to species and age. All cats and dogs shall be fed at least once each day, unless restricted by written order by the attending veterinarian. The food shall be uncontaminated, wholesome, palatable, and of sufficient quantity and nutritive value to maintain the normal condition and weight of the animal. The diet shall be appropriate for each animal's age and condition.

(2) Each licensee shall provide a sufficient number of food receptacles for animals, which shall meet the following requirements:

(A) Be easily accessible to all animals being fed;

(B) be located so as to minimize contamination by excreta and pests;

(D) either be discarded after one use or be easily cleaned and sanitized.

(b) Each licensee shall meet the "adequate watering" requirements as defined in K.S.A. 47-1701, and amendments thereto. Drinkable water shall be supplied in a sanitary manner and in adequate amounts at intervals suitable for each animal's species and either continuously accessible to each animal or supplied to maintain the health and well-being of each animal. If water is not continuously accessible, then water shall be provided at least twice daily for at least one hour each time or more often as conditions warrant, unless restricted by written order of the attending veterinarian or not species-appropriate.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-1712; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-18 Contingency planning

Each licensee shall develop, document, and follow a written contingency plan to provide for the humane handling, treatment, transportation, housing, and care of the animals on the premises if an emergency or natural disaster occurs. The plan shall be updated annually, be made available to the commissioner or the commissioner's representatives upon request, and at minimum include the following:

(a) Identification of potential known risks, including power failures, fires, natural disasters, and faulty heating, ventilation, and air conditioning systems;

(b) an outline of specific tasks required to be carried out in response to the identified emergency; and

(c) identification of the individual or individuals responsible for carrying out the plan, along with contact information for each individual.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-1712; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-19 Employees and volunteers

Each licensee shall employ enough individuals to provide the level of husbandry practices and care required by the act and this article of the department's regulations. Each employee or volunteer who provides husbandry and care or who handles animals shall be supervised by an individual who has the knowledge, background, and experience in proper husbandry and care of animals to supervise others. The licensee shall ensure that the supervisor, other employees, and volunteers perform to these standards.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-1712; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-20 Age of animal

A licensee shall not sell, exchange, or adopt any animal if the animal is at an age at which doing so would be detrimental to the animal's health or well-being. No puppy or kitten may be sold, exchanged, or adopted until the animal is at least eight weeks of age and has been weaned, which shall mean eating solid food and not nursing, for at least five days.

For the purposes of this regulation, weight and other factors may be used to approximate the age of an animal of unknown age.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-1712; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-21 Adequate veterinary medical care

Each licensee shall have an attending veterinarian who provides the licensee's animals with "adequate veterinary medical care," as defined in K.S.A. 47-1701 and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-1712; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-22 Exercise

(a) Each licensee shall develop, document, and follow a plan to provide dogs over 12 weeks of age, except bitches with litters, with the opportunity for exercise. The plan shall include written standard procedures. Forced exercise devices shall be strictly prohibited. If a dog is without sensory contact with another dog, the dog shall be provided with positive physical contact with humans at least daily. The opportunity for exercise may be provided in a number of ways, which may include the following:

(1) Providing group housing in cages, pens, or runs that provide at least 100 percent of the required space for each dog under the minimum floor space requirements of K.A.R. 9-18-13;

(2) maintaining individually housed dogs in cages, pens, or runs that provide at least twice the minimum floor space required by K.A.R. 9-18-13; and

(3) providing access to a run or open area at the frequency and duration prescribed by the attending veterinarian.

(b) If, in the opinion of the attending veterinarian, it is inappropriate for a dog to exercise because of the dog's health, condition, or well-being, the attending veterinarian shall document this exemption in writing. The licensee shall make this documentation available to the commissioner or the commissioner's representatives upon request.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-1712; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-23 Transfer, movement, adoption, or other permanent relocation of feline immunodeficiency virus-positive cats

(a) The transfer, movement, adoption, or other permanent relocation of any feline immunodeficiency virus-positive cat (FIV-positive cat) from a licensed animal shelter or rescue network to another licensed animal shelter or rescue network and to a foster home or a member of the public shall be allowed if a veterinarian who has a veterinary-client-patient relationship with the animal shelter or rescue network where the FIV-positive cat is currently located performs the following:

(1) Confirms that the FIV-positive cat to be transferred, moved, adopted, or otherwise permanently relocated is a nonsymptomatic FIV-positive cat; and

(2) provides a written statement to the animal shelter or rescue network and to the new owner or holder authorizing the transfer, movement, adoption, or other permanent relocation of the FIV-positive cat that states the symptoms, the risks, and the recommendations of how the cat should be housed to minimize the spread of the virus.

(b) All notifications and statements created under this regulation shall be maintained as a part of the recordkeeping requirements under K.A.R. 9-18-7.

(c) If the commissioner determines that the continued transfer, movement, adoption, or other permanent relocation of FIV-positive cats endangers the health of any other domestic animals, this regulation may be temporarily suspended by order of the commissioner.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2018 Supp. 47-610 and K.S.A. 47-1712; effective Dec. 20, 2019.)

Kan. Admin. Regs. § 9-18-24 Animal breeders and animal distributors

K.A.R. 9-18-10 through 9-18-15, K.A.R. 9-18-17, K.A.R. 9-18-19, and K.A.R. 9-18-22 shall not apply to animal breeders and animal distributors. Each animal breeder and each animal distributor shall comply with 9 C.F.R. 3.1 through 3.4 and 3.6 through 3.12, as in effect on January 1, 2015. These sections are hereby adopted by reference, with the following modifications and deletions:

(a) All references to "the administrator," "APHIS," "pertinent funding federal agency," and "USDA officials" shall be deemed to refer to the commissioner.

(b) All references to "dealer" or "dealers" and to "exhibitor" or "exhibitors" shall be deemed to refer to animal breeders and animal distributors.

(c) All references to "research facility," "research facilities," "federal research facilities," and "research needs" shall be deleted.

(d) In 9 C.F.R. 3.6, paragraphs (b)(5) and (c)(3) shall be deleted.

(e) In 9 C.F.R. 3.8, paragraphs (b)(1) and (d)(2) shall be deleted.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-1712; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-25 Prohibiting the sale or gift of certain animals by pet shops

(a) A pet shop shall not sell any reptiles, offer any reptiles for sale, or offer any reptiles as a gift or promotional consideration unless a notice regarding safe reptile-handling practices meeting the requirements of subsection (b) is prominently posted or displayed at each location in the pet shop where the reptiles are displayed, housed, or held.

(b) Each notice regarding safe reptile-handling practices shall be the notice provided at no charge by the Kansas department of agriculture upon the request of any pet shop, any notice created by the centers for disease control and prevention, or any other notice that meets the following requirements:

(1) The dimensions of each notice shall be at least 8.5 inches by 11 inches. The notice shall use one or more typefaces or fonts that are clearly visible and readily draw attention to the notice.

(2) At a minimum, the notice shall contain the following statements:

"As with many other animals, reptiles carry salmonella bacteria, which can make people sick. To reduce the chance of infection, follow these safe reptile-handling steps:

"Always wash your hands thoroughly after you handle your pet reptile, its food, and anything it has touched.

"Keep your pet reptile and its equipment out of the kitchen or any area where food is prepared.

"Don't nuzzle or kiss your pet reptile.

"Keep reptiles out of homes where there are children less than one year of age or people with weakened immune systems. Children less than five should handle reptiles only with adult or parental guidance, and they should wash their hands afterwards."

(c) A pet shop shall not possess, sell, offer for sale, or offer as a gift or promotional consideration any skunk, raccoon, fox, or coyote.

(d) A pet shop shall not possess, sell, offer for sale, or offer as a gift or promotional consideration any viable turtle eggs or live turtles with a carapace length of less than four inches. For purposes of this subsection, the term "turtle" shall include all animals commonly known as turtles, tortoises, terrapins, and all other animals of the order Testudinata, class Reptilia, except marine species.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-1712; implementing K.S.A. 47-1713; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-26 Animal research facilities

Each animal research facility shall meet all requirements of K.A.R. 9-18-10 through 9-18-15, K.A.R. 9-18-17, K.A.R. 9-18-20, and K.A.R. 9-18-22, unless differing conditions are needed for legitimate research reasons. These differing conditions and legitimate research reasons shall be documented in a specific research protocol and shall be made available to the commissioner or the commissioner's authorized representatives upon request.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-1712; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-27 Rescue networks

(a) An application form for a rescue network manager license shall be provided by the commissioner at the request of any individual seeking a license as a rescue network manager. The individual shall submit the completed application and the license fee to the commissioner.

(b) Except for stray dogs and cats, each dog or cat in the care of a licensee, other than the personal pets of the licensee, shall have been relinquished by an owner, transferred from another licensee, or transferred from an animal shelter licensed in Kansas. Each rescue network manager shall be responsible for the intake of all dogs or cats in the rescue network. Each licensee that obtains a dog or cat from a veterinarian for the purpose of adopting shall comply with K.S.A. 47-1731, and amendments thereto. Stray dogs, cats, puppies, or kittens may be placed with a rescue network only after the requirements of K.S.A. 47-1710, and amendments thereto, have been met by a licensed animal shelter.

(c) Each rescue network manager wanting to maintain or house more than 19 adult animals at any time at the premises of the rescue network manager shall apply for and receive an animal shelter license before accepting more than 19 adult animals. The limit of 19 adult animals shall include the following:

(1) Any adult animal that is a personal pet of the rescue network manager; and

(2) any adult animal owned by any other individual or entity and maintained, housed, or harbored by the rescue network manager.

(d) Any licensee may offer any animal in its custody for adoption and may transfer ownership of the animal pursuant to K.S.A. 47-1731, and amendments thereto.

(e) Each rescue network manager shall arrange to spay or neuter each cat and dog, or certify each animal as unable to be spayed or neutered, within 10 business days of receipt of the dog or cat.

(f) Each rescue network manager shall process all documentation for each adoption of a dog or cat in the custody of the rescue network and for all spay and neuter deposits required by K.S.A. 47-1731, and amendments thereto. A copy of each of these documents shall be kept at the premises of the rescue network manager. Intact dogs, cats, puppies, or kittens may be adopted only from the premises of the rescue network manager or a licensed animal shelter.

(g) Each rescue network manager shall comply with K.A.R. 9-18-28 regarding adoption and transfer of ownership of each dog or cat receiving temporary care in a pet animal foster home.

(h) Dogs or cats shall not remain in the custody of a rescue network for more than 12 months without written permission from the commissioner. Each licensee wanting to retain custody of a dog or cat beyond 12 months shall send a written request to the commissioner, stating the reasons for the request.

(i) Each licensee accepting animals from out of state shall comply with the importation and certificate of veterinary inspection requirements specified in K.A.R. 9-18-5 and K.A.R. 9-7-11. The original of each certificate of veterinary inspection shall be maintained with the files of the licensed rescue network manager or animal shelter. A copy of the health certificate shall be available at the pet animal foster home.

(j) Rescue network manager licenses shall not be transferable.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-1712 and K.S.A. 2015 Supp. 47-1731; implementing K.S.A. 2015 Supp. 47-1701, K.S.A. 47-1704, K.S.A. 2015 Supp. 47-1710, K.S.A. 47-1712, and K.S.A. 2015 Supp. 47-1731; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-28 Pet animal foster homes

(a) Rescue networks and animal shelters may utilize pet animal foster homes.

(b) Rescue network managers and animal shelter licensees shall require each of their prospective pet animal foster homes to sign a pet animal foster home agreement with the supervising rescue network or animal shelter licensee. The rescue network manager or animal shelter licensee shall state in the agreement that the pet animal foster home is required to comply with all the requirements contained in this regulation.

(c) Each rescue network manager and animal shelter licensee shall keep records of all pet animal foster homes utilized by the rescue networks and animal shelter.

(d) Each rescue network manager and each animal shelter licensee shall ensure that all pet animal foster homes utilized by the rescue network or animal shelter comply with the Kansas pet animal act and all applicable regulations.

(e) Each animal shelter licensee or rescue network manager using a pet animal foster home shall develop a plan of veterinary care to be followed by the pet animal foster home. The plan of veterinary care shall be recorded on the form specified in the definition of "adequate veterinary medical care" in K.S.A. 47-1701, and amendments thereto. This plan shall include the name of the licensed veterinarian whom the pet animal foster home shall contact in case of injury or illness and the name of the party responsible for the payment of treatment and office call charges. The animal shelter licensee or rescue network manager shall require each pet animal foster home to notify the sponsoring animal shelter or rescue network manager of any dog or cat receiving veterinary care within 24 hours of treatment. A copy of the plan of veterinary care shall be filed annually with the commissioner.

(f) The animal shelter licensee or rescue network manager shall require that a pet animal foster home not directly accept stray dogs or cats or any animal relinquished by its owner. Each pet animal foster home wanting to accept stray dogs or cats or animals that are relinquished by their owners shall apply for and receive an animal shelter license before accepting these animals. Each rescue network manager shall be responsible for the intake of all animals in the care of the rescue network. No stray dog or cat may be placed with a pet animal foster home until the applicable requirements of K.S.A. 47-1710, and amendments thereto, have been met.

(g) A pet animal foster home shall not foster more than 10 adult cats or dogs at the same time.

(h)(1) A pet animal foster home shall not at any time maintain or house on the premises more than 19 adult dogs or cats. The limit of 19 dogs or cats shall include the following:

(A) Any adult dog or cat that is a personal pet of the pet animal foster home caretaker; and

(B) any adult dog or cat owned by any other individual or entity and maintained, housed, or harbored on the premises.

(2) If more than 19 adult dogs or cats will be housed on the premises for any reason, the pet animal foster home shall apply for an animal shelter license and shall not accept any adult dogs or cats in excess of that limit before receiving the animal shelter license.

(i)(1) An animal shelter licensee or rescue network manager shall not place any intact dog or cat six months of age or older into the custody of a pet animal foster home unless spaying or neutering is contraindicated by a licensed veterinarian. If a veterinarian has examined and recommends that the dog or cat should not be altered, the pet animal foster home shall obtain a copy of a written opinion by the veterinarian as to why the animal cannot be altered and an estimated time of when, if ever, the animal can be altered. A copy of the written opinion shall be kept by both the pet animal foster home and the rescue network manager or animal shelter licensee.

(2) Intact female dogs or cats that are nursing puppies or kittens may be housed in a pet animal foster home until the puppies or kittens are weaned. Puppies or kittens shall be considered weaned once they are eating solid food and not nursing for five consecutive days. Puppies or kittens may remain unaltered in foster care only up to six months of age. Puppies and kittens at four months of age shall be considered adults and shall be counted as part of the 10 total dogs or cats that rescue network managers or animal shelter licensees may place at pet animal foster homes.

(j) The animal shelter licensee or rescue network manager shall process all documentation for each adoption and all spay and neuter deposits required by K.S.A. 47-1731, and amendments thereto. Each intact dog, cat, puppy, or kitten shall be adopted directly from the animal shelter or, in the case of a rescue network, from the premises of the rescue network manager. Any altered dog, cat, puppy, or kitten may be adopted directly from the pet animal foster home only after all final adoption paperwork has been processed through the animal shelter or rescue network manager and all applicable requirements of K.S.A. 47-1710, and amendments thereto, have been met by a licensed animal shelter.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-1712; implementing K.S.A. 2018 Supp. 47-1701, K.S.A. 2018 Supp. 47-1704, K.S.A. 2018 Supp. 47-1710, K.S.A. 47-1712, and K.S.A. 2018 Supp. 47-1731; effective Nov. 17, 2017; amended Feb. 8, 2019.)

Kan. Admin. Regs. § 9-18-29 Mobile adoption facilities

Once an animal shelter license or rescue network manager license has been obtained, the animal shelter licensee or the rescue network manager may host adoption events at a location other than the licensed premises if the requirements of all applicable statutes and regulations are met at the licensee's other locations. The animal shelter licensee or rescue network manager shall provide notice to the commissioner or the commissioner's authorized representative of the date and location of each adoption event at least five business days before the adoption event.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-1712; implementing K.S.A. 47-1704; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-30 Tethering of animals by boarding or training kennel operators

The tethering of dogs by boarding or training kennel operators for training purposes may be permitted for periods not to exceed two hours per interval and never to exceed a total of four hours per day. This tethering shall not adversely affect the welfare of the animal.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 47-1712; effective Nov. 17, 2017.)

Kan. Admin. Regs. § 9-18-31 Euthanasia methods; prohibition

The following portion of the American veterinary medical association's document titled "AVMA guidelines for the euthanasia of animals: 2013 edition" is hereby adopted by reference: pages 5-102, excluding the section titled "references" on pages 84-97 and any portion that applies to any animal that is not an "animal" as defined in K.S.A. 47-1701 and amendments thereto. For the purposes of this document, the terms "animal" and "euthanasia" shall have the meanings specified in K.S.A. 47-1701, and amendments thereto.

Each licensee who euthanizes any animals shall follow the recommendations and guidelines for the handling and care of animals during the euthanasia process as identified in this document and shall use only the acceptable methods of euthanasia for a particular species to be euthanized specified in this document. Inhaled carbon monoxide shall not be used as a method of euthanasia of dogs and cats.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-1712; implementing K.S.A. 2015 Supp. 47-1718; effective April 29, 2016.)

Article 27 Reportable Diseases

Kan. Admin. Regs. § 9-27-1 Designation of infectious or contagious diseases

The following diseases shall be designated as reportable infectious or contagious animal diseases and shall be reported in accordance with K.S.A. 47-622, and amendments thereto:

(a) Anthrax;

(b) all species of brucellosis;

(d) classical swine fever, which is also known as hog cholera;

(e) pseudorabies;

(f) psoroptic mange;

(g) rabies;

(h) tuberculosis;

(i) vesicular stomatitis;

(j) avian influenza;

(k) pullorum;

(l) fowl typhoid;

(m) psittacosis;

(n) viscerotropic velogenic Newcastle disease, which is also known as exotic Newcastle disease;

(o) foot-and-mouth disease;

(p) rinderpest;

(q) African swine fever;

(r) piroplasmosis;

(s) vesicular exanthema;

(t) Johne's disease;

(u) scabies;

(v) scrapie;

(w) trichomoniasis;

(x) equine herpesvirus myeloencephalopathy;

(y) western equine encephalomyelitis;

(z) eastern equine encephalomyelitis;

(aa) Venezuelan equine encephalomyelitis;

(bb) West Nile virus;

(cc) bovine spongiform encephalopathy;

(dd) chronic wasting disease; and

(ee) any other diseases that the animal health commissioner determines to be immediately reportable due to an animal health emergency situation.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2015 Supp. 47-610 and 47-1832; implementing K.S.A. 2015 Supp. 47-610 and 47-622; effective Jan. 23, 1998; amended Sept. 24, 2010; amended Aug. 19, 2016.)

Article 28 Brucella Ovis

Kan. Admin. Regs. § 9-28-1 Definitions

As used in these regulations, the terms below shall have the following definitions. (a) "Brucella ovis" means an infectious, contagious disease of sheep characterized by ram epididymitis.

(b) "Brucella ovis-free flock" means a flock of sheep in which all test-eligible rams annually have two negative serology tests 45 to 120 days apart.

(1) an official United States department of agriculture metal ear tag; or

(2)(A) a microchip;

(B) a tattoo;

(D) any other means that clearly identifies the animal.

(d) "Official serology test" means the following:

(1) the collection of samples by a licensed, federally accredited veterinarian; and

(2) the submission of the samples to a laboratory registered with the animal health department and approved by the livestock commissioner to conduct tests to identify brucella ovis.

(e) "Test-eligible ram" means any ram six months of age or older that was not born in the year of the test.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d and K.S.A. 47-610; implementing K.S.A. 47-610; effective Jan. 23, 1998.)

Kan. Admin. Regs. § 9-28-2 Brucella ovis tests

(a) Any owner of a flock of sheep may apply for a certificate certifying that flock as a brucella ovis-free flock when the flock meets the following requirements.

(1) Each ram in the flock shall have an individual identification.

(2) Each test-eligible ram shall test negative on two official serology tests 45 to 120 days apart. Each ram shall be exempt from testing in the year of its birth.

(b) Each owner of a flock of sheep satisfactorily completing the test requirements under subsection (a) for a brucella ovis-free flock shall be issued a certificate certifying the flock of sheep as a brucella ovis-free flock by the Kansas animal health department. The certificate shall be valid for one year from the date of certification.

(c) To continue the brucella ovis-free flock certification, each test-eligible ram shall test negative annually. Each owner of one or more brucella ovis-free flocks shall be notified by mail of recertification requirements no fewer than 30 days before the expiration of the brucella ovis-free flock status.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d and K.S.A. 47-610; implementing K.S.A. 47-610; effective Jan. 23, 1998.)

Article 30 Equine Infectious Anemia

Kan. Admin. Regs. § 9-30-1 Notification

Each testing laboratory approved by the United States department of agriculture (USDA) shall notify the livestock commissioner of the test results for each equidae of Kansas origin that is tested for equine infectious anemia and that is bled within the state of Kansas. The testing laboratory shall report positive test results within 48 hours.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1996 Supp. 47-607 and K.S.A. 47-610; implementing K.S.A. 47-622; effective Jan. 23, 1998.)

Kan. Admin. Regs. § 9-30-2 Testing positive for equine infectious anemia

(a) Each equidae testing positive for equine infectious anemia shall be quarantined. Each owner of a quarantined equidae shall take one of the following actions:

(1) confine the equidae no fewer than 200 yards from any other equidae;

(2) confine the equidae in a screened stall;

(3) slaughter the equidae in a slaughter plant that has been inspected and approved by the animal and plant health inspection service of the United States department of agriculture (USDA); or

(4) euthanize the equidae and bury or incinerate the carcass.

(b) Within 48 hours after the quarantine begins, the owner of the quarantined equidae shall provide written notification to the Kansas animal health department of the location of each quarantined equidae.

(c) Any owner may re-test positive equidae one time within 60 days after the date the quarantine begins, for confirmation of the results.

(d) Following a second positive test, the testpositive equidae shall be branded by the livestock commissioner or the commissioner's designee on the left side of the neck by hot iron or by freeze branding with the code "48," followed by the letter "A." The number "48" and the letter "A" shall be at least two inches in height and shall not be obscured by the equidae's mane.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1996 Supp. 47-607 and K.S.A. 47-610; effective Jan. 23, 1998.)

Kan. Admin. Regs. § 9-30-3 Infected equidae moving to another state

(a) If an equidae located in Kansas is known to be infected with equine infectious anemia and is to be moved to another state, the livestock commissioner or the commissioner's designee shall brand the equidae on the left side of the neck by hot iron or by freeze branding with the Kansas code "48," followed by the letter "A." The number "48" and the letter "A" shall be at least two inches in height and shall not be obscured by the equidae's mane.

(b) Each equidae branded in this manner shall be individually identified on and be accompanied by a USDA veterinary services form 1-27 for interstate movement of restricted equidae.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1996 Supp. 47-607d and K.S.A. 47-610; implementing K.S.A. 47-608; effective Jan. 23, 1998.)

Article 32 Scrapie in Sheep and Goats

Kan. Admin. Regs. § 9-32-1 Definitions

(a) Only the following terms and their definitions from part I of "scrapie eradication: uniform methods and rules," publication APHIS 91-55-079 of the United States department of agriculture's animal and plant health inspection service (USDA/APHIS), dated June 1, 2005, are hereby adopted by reference, except as modified in this regulation:

(1) "Accredited veterinarian";

(2) "administrator";

(3) "animal";

(4) "APHIS";

(5) "APHIS representative";

(6) "approved test";

(7) "breed associations and registries";

(8) "breeding sheep and goats";

(9) "certificate";

(10) "commingled, commingling";

(11) "direct movement to slaughter";

(12) "electronic implant";

(13) "exposed animal";

(14) "exposed flock";

(15) "female animal";

(16) "flock or herd";

(17) "flock of origin";

(18) "flock plan";

(19) "high-risk animal";

(20) "infected flock";

(21) "interstate commerce";

(22) "male animal";

(23) "noncompliant flock";

(24) "official eartag";

(25) "official identification";

(26) "owner";

(27) "owner statement";

(28) "permit";

(29) "postexposure management and monitoring plan (PEMMP)";

(30) "premises";

(31) "premises identification";

(32) "premises identification number";

(33) "premises number";

(34) "scrapie";

(35) "scrapie-positive animal";

(36) "slaughter channels";

(37) "source flock";

(38) "state";

(39) "state representative";

(40) "state veterinarian";

(41) "suspect animal";

(42) "terminal feedlot"; and

(43) "trace."

(b) The definitions of the following terms adopted in subsection (a) shall be modified as specified in this subsection:

(1) The following sentence shall be added at the end of the definition of "certificate": "The terms 'health certificate' and 'certificate of veterinary inspection' are synonyms for 'certificate.'"

(2) In the last sentence of the definition of "flock or herd," the following phrase shall be deleted: "in accordance with the guidelines published in 9 CFR 54.7."

(3) In the definition of "flock plan," the last sentence shall be deleted.

(4) The following sentence shall be added at the end of the definition of "permit": "The term 'shipping permit' is a synonym for 'permit.'"

(5) In the definition of "postexposure management and monitoring plan (PEMMP)," the following modifications shall be made:

(A) The following text shall be added after "A written agreement": "approved by the livestock commissioner and the administrator that is."

(B) The last sentence of this definition shall be deleted.

(6) In the definition of "state veterinarian," the word "veterinary" shall be deleted.

(7) In the first sentence of the definition of "suspect animal," the following phrase shall be deleted: "in accordance with 9 CFR 79.4."

(1) "Exhibition. The commingling of animals for the purpose of showing or judging contests or for any other type of public display."

(2) "In commerce. The term describing any animal that is to be traded, sold, bartered, slaughtered, or otherwise exchanged or any animal being moved for any of these purposes."

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d and 47-610; implementing K.S.A. 47-608 and 47-610; effective, T-9-1-9-06, Jan. 9, 2006; effective April 21, 2006.)

Kan. Admin. Regs. § 9-32-2 Identification requirements

(a) Before any change of ownership, the following categories of sheep and goats shall be individually identified with official identification sufficient to trace the sheep and goats to the premises of origin:

(1) All sexually intact animals, except any lamb or kid under eight weeks of age accompanied by its dam;

(2) all animals for exhibition purposes, except any lamb or kid under eight weeks of age accompanied by its dam; and

(3) all sheep and goats over 18 months of age, as evidenced by the presence of the second set of permanent incisors.

(b) All animals in the following categories shall be permanently and individually identified with official identification before movement of any kind from the premises on which the animals currently reside:

(1) All exposed animals and high-risk animals regardless of age, reproductive status, or genetic susceptibility as determined by an official genotype test; and

(2) all suspect animals and scrapie-positive animals.

(c) The seller shall be required to ensure that all sheep and goats requiring official identification have been identified accordingly and that records are maintained showing either the name of the purchaser of these animals or the name of the market and the date on which the animals were consigned.

(d) Any sheep or goat required to have official identification that is sold at a licensed Kansas livestock market may be identified accordingly at the market if the market maintains records sufficient to trace the animal back to the consignor and the buyer of that animal.

(e) For purposes including genetic testing, exhibition, and interstate movement, any designated agent approved to apply official identification under agreement with the livestock commissioner and the USDA/APHIS may apply the identification to sheep and goats, if the agent maintains records sufficient to trace the animals back to the individual or premises for which the identification was applied.

(f) All sheep and goats in commerce requiring official identification that have not yet been identified and are to be commingled with animals from a different flock shall be identified by the person delivering, hauling, or handling these animals.

(g) If a sheep or goat requiring official identification is received without this identification on a premises where the animal is to be commingled with animals from different flocks, the receiver of the animal shall be required to apply official identification to that animal.

(h) The following categories of sheep and goats shall not be required to be identified:

(1) Wethers under 18 months of age in slaughter channels;

(2) sheep or goats, or both, from a single premises maintained in a separate trailer or section of a transport and accompanied by an owner statement sufficient to allow the slaughter plant or slaughter market to identify the animals; and

(3) sheep or goats, or both, moved for grazing or similar management purposes whenever the animals are moved without a change of ownership from a premises owned or leased by the owner of the animals to another premises owned or leased by the owner of the animals.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d and 47-610; implementing K.S.A. 47-608 and 47-610; effective, T-9-1-9-06, Jan. 9, 2006; effective April 21, 2006.)

Kan. Admin. Regs. § 9-32-3 Movement of scrapie-infected or scrapie-exposed sheep and goats

(a) No sheep or goat known to be or suspected of being infected with scrapie and no exposed animal from any flock that is not in compliance with a flock plan shall be imported into Kansas.

(b) No sheep or goat from a Kansas premises that is known to be or suspected of being infected with scrapie and no sheep or goat from a flock that is not in compliance with a flock plan shall be allowed to be moved from the premises without being individually identified with official identification recorded on a shipping permit issued by the Kansas livestock commissioner or the commissioner's deputy. All movement of these sheep and goats shall be only for the purpose of direct movement to slaughter or to a designated facility for euthanasia or research purposes.

(c) Scrapie-exposed sheep and goats from out-of-state flocks that are in compliance with a flock plan in the state of origin shall be allowed to be imported into Kansas, moved to a Kansas livestock market, or slaughtered at a licensed Kansas slaughter facility if the animals are individually identified with official identification and a special permit number issued by the Kansas animal health department is obtained before movement. The official identification numbers of all sheep and goats in each consignment shall be listed on the certificate of veterinary inspection or the owner statement, along with a statement that the animals listed are known to have been exposed to scrapie.

(d) Any scrapie-exposed sheep or goats from Kansas flocks that are in compliance with a flock plan may be sold privately, moved within the state to a licensed livestock market, or moved to a licensed Kansas slaughter facility if the sheep or goats are individually identified with official identification and are accompanied by an owner statement or certificate of veterinary inspection identifying them as exposed animals and listing the official identification numbers of the sheep or goats in the consignment.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607, 47-607d, and 47-610; implementing K.S.A. 47-607, 47-608, and 47-610; effective, T-9-1-9-06, Jan. 9, 2006; effective April 21, 2006.)

Kan. Admin. Regs. § 9-32-4 Movement into Kansas of sheep and goats intended for breeding

(a)(1) All sheep and goats imported into Kansas for breeding purposes, except those moving directly to a licensed Kansas livestock market, shall be accompanied by a certificate of veterinary inspection issued by a veterinarian licensed and accredited in the state of origin stating that the consigned animals show no clinical signs of, and are not known to be infected with or exposed to, any infectious or contagious disease. The certificate of veterinary inspection shall state the full name and complete physical address of the premises from which the consignment originated, as well as the full name and complete physical address of the premises of destination in Kansas.

(2) If a special permit number from the Kansas animal health department is required before movement of any sheep or goats, the special permit number shall be included on the certificate of veterinary inspection.

(b) All sheep and goats listed on the certificate of veterinary inspection shall meet one of the following requirements:

(1) Be individually identified with official identification; or

(2) be permanently identified to the premises of origin including the type of official identification used, which may include registered brands or tattoos, electronic implants, official eartags, radio frequency identification, and premises identification tags or tattoos. The number of sheep or goats, or both, included in the consignment shall be listed on the certificate of veterinary inspection.

(c)(1) In addition to the certificate of veterinary inspection, all sheep and goats shall be accompanied by an owner statement declaring one of the following:

(A) No sheep or goats in the consignment are known to be high-risk animals or known to be infected with or exposed to scrapie or to have originated from a source flock.

(B) The sheep or goats in the consignment are scrapie-exposed animals that originate from a flock in compliance with an approved flock plan in the state of origin. These sheep and goats shall have a special permit number obtained from the Kansas animal health department before movement of any shipment containing these animals. This special permit number shall appear on the certificate of veterinary inspection or the owner statement.

(2) The owner statement required by paragraph (c)(1) may be signed by a veterinarian, rather than the owner, at an approved livestock market if both of the following conditions are met:

(A) All consignors of sheep or goats are notified in writing or by signs posted at the livestock market that any sheep or goat known to be an exposed animal, suspect animal, or high-risk animal is required to be identified as such to the market upon consignment.

(B) The identification of these animals is maintained throughout the sale.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607, 47-607d, and 47-610; implementing K.S.A. 47-607, 47-607a, 47-608, and 47-610; effective, T-9-1-9-06, Jan. 9, 2006; effective April 21, 2006.)

Kan. Admin. Regs. § 9-32-5 Movement into Kansas of sheep and goats intended for slaughter

(a) All sheep and goats moving interstate into Kansas directly to a licensed slaughter facility shall be accompanied by a certificate of veterinary inspection or by an owner statement as defined in K.A.R. 9-32-1. In addition, all sheep and goats in the consignment, except wethers under 18 months of age as evidenced by the absence of the second set of permanent incisors, shall be identified in one of the following ways to enable the animals to be traced to the flock of origin:

(1) Have official identification, with the type of identification listed on the owner statement or certificate of veterinary inspection; or

(2) be maintained as a separate and distinct group, without commingling, from the time the sheep and goats leave the premises of origin until they arrive at the licensed slaughter facility within Kansas if the slaughter facility performs the following:

(A) Keeps these sheep or goats, or both, separate and apart from all other animals;

(B) slaughters the sheep or goats, or both, consecutively as a group to maintain their identity; and

(b) All sheep and goats moving into Kansas directly to a terminal feedlot, except wethers under 18 months of age as determined by the absence of the second set of permanent incisors, shall be accompanied by a certificate of veterinary inspection and have official identification. The type of official identification used and the number of sheep or goats, or both, consigned shall be recorded on the certificate of veterinary inspection.

(c) Wethers under 18 months of age, as determined by the absence of the second set of permanent incisors, shall not be required to be identified but shall be accompanied by a certificate of veterinary inspection or an owner statement.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607, 47-607d, and 47-610; implementing K.S.A. 47-607, 47-608, and 47-610; effective, T-9-1-9-06, Jan. 9, 2006; effective April 21, 2006.)

Kan. Admin. Regs. § 9-32-6 Exhibition sheep and goats

All exhibition sheep and goats in Kansas, except any lamb or kid under two months of age accompanying its dam, shall be individually identified by a means of official identification, regardless of their sex or premises of origin.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d and 47-610; implementing K.S.A. 47-608 and 47-610; effective, T-9-1-9-06, Jan. 9, 2006; effective April 21, 2006.)

Kan. Admin. Regs. § 9-32-7 Sheep and goats consigned to Kansas livestock markets

(a) Any sheep or goat originating outside Kansas may be consigned to a Kansas livestock market if the sheep or goat is accompanied by an owner statement.

(b) All sexually intact sheep and goats and all wethers over 18 months of age, as evidenced by the presence of the second set of permanent incisors, shall be individually identified with official identification before being sold. All sheep and goats requiring official identification that have not been identified before movement to the market shall be identified at the market, which shall maintain records sufficient to trace these animals back to the flock of origin.

(c) Wethers less than 18 months of age, as evidenced by the absence of the second set of permanent incisors, shall not be required to be identified.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607, 47-607d, and 47-610; implementing K.S.A. 47-607, 47-608, and 47-610; effective, T-9-1-9-06, Jan. 9, 2006; effective April 21, 2006.)

Kan. Admin. Regs. § 9-32-8 Recordkeeping requirements

(a) Each individual who applies official identification to an animal shall maintain the associated records for a minimum of five years from the date of application. These records shall be made available upon request during normal business hours to any authorized employee of the USDA or the Kansas animal health department upon presentation of the employee's official agency credentials. Each record shall show the following:

(1) The official identification number applied;

(2) the number of animals identified, by species;

(3) the type of official identification; and

(4) the date on which the official identification was applied.

(b) In addition to maintaining the records specified in subsection (a), each individual who applies official identification shall provide the following, upon request:

(1) The name, premises, mailing address, and, if available, phone number of the individual for which the official identification was applied;

(2) the name and address of the owner of the flock of birth, if the flock of birth is known; and

(3) the name, premises, mailing address, and, if available, phone number of the individual or premises that purchased or otherwise received these animals.

(c) Each individual or entity who receives, purchases, acquires, sells, or disposes of any sheep or goats shall keep records of each transaction for a minimum of five years from the date of the transaction. Each record shall include the following:

(1) The number of animals included in the transaction;

(2) the date of the transaction;

(3) the name, address, and, if available, the phone number of the second party involved in the transaction;

(4) the species and breed of the animals involved;

(5) a copy of the brand inspection certificate or certificate of veterinary inspection for all animals that have official identification consisting of brands or ear notches; and

(6) all business records, including yardage receipts, sale tickets, invoices, and waybills.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 47-607d and 47-610; implementing K.S.A. 47-608 and 47-610; effective, T-9-1-9-06, Jan. 9, 2006; effective April 21, 2006.)