302 KAR | Title 302 KAR — Department of Agriculture

Chapter 2 General - Department of Agriculture

302 KAR 2:010 Access to public records of the Kentucky Department of Agriculture {#sec-302-kar-2-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 2:010}

Section 1. The principal office location for the Kentucky Department of Agriculture is 105 Corporate Drive, Frankfort, Kentucky 40601. Regular office hours are 8 a.m. to 4:30 p.m., Monday through Friday, prevailing time in Frankfort, Kentucky.

Section 2. The title of the official custodian of the records of the Kentucky Department of Agriculture shall be the Commissioner of Agriculture, whose address is 105 Corporate Drive, Frankfort, Kentucky 40601 and phone number 502-573-0282. The email address for the official custodian of records is ag.web@ky.gov.

Section 3. The procedure to be followed in requesting copies of public records shall be as established in subsections (1) through (3) of this section.

(1) Requests for copies of public records shall be made in writing, describing in reasonably sufficient detail the records to be inspected using Request to Inspect Public Records, form OAG-01.

(2) Copies of public records shall be ten (10) cents for each photocopy or page produced and sent electronically.

(3) Fees shall be paid prior to mailing or emailing the results of the request.

Section 4. The procedure to be followed in requesting inspection of public records shall be as established in subsections (1) through (4) of this section.

(1) Requests for inspection of public records shall be made directly to the Commissioner of Agriculture or to the commissioner's department designee.

(2) Requests to inspect public records shall be made in writing, describing in reasonably sufficient detail the records to be inspected using Request to Inspect Public Records, form OAG-01.

(3) Records shall be inspected and copied in the presence of a member of the Kentucky Department of Agriculture to protect the records from damage or disorganization, to lessen disruption of office procedure, to provide timely assistance and information upon request to the person requesting inspection, and to provide full access to public records.

(4) Suitable facilities shall be made available for inspection of public records.

Section 5. A copy of KRS 61.870 through 61.884 and this administrative regulation shall be displayed in the main reception room of the Kentucky Department of Agriculture at 105 Corporate Drive, Frankfort, Kentucky 40601.

Section 6. Incorporation by Reference.

(1) The following material is incorporated by reference: "Request to Inspect Public Records", OAG-01", June 2021.

(3) This material may also be obtained at www.kyagr.com.

History

RELATES TO: KRS 61.870 - 61.884
STATUTORY AUTHORITY: KRS 61.876(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 61.876(1) requires that each public agency shall promulgate administrative regulations to provide full access to public records, to protect public records from damage and disorganization, to prevent excess disruption of its essential functions, to provide assistance and information upon request, and to ensure efficient and timely action in response to application for inspection of public records. This administrative regulation establishes provisions for public access to department records.
History: 50 Ky.R. 14338, 1889; eff. 3-13-2024.

Chapter 4 Agriculture Tax Credits

302 KAR 4:010 Renewable Chemical Production Program {#sec-302-kar-4-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 4:010}

Section 1. Definitions.

(1) "Base employment" means the number of full-time employees employed on the day prior to the work start date of the new employees filling the earliest new jobs identified on the application. For applications from businesses involved in mergers, acquisitions, or federal tax identification number changes, base employment may be adjusted by the department, based on data presented.

(2) "Biobased content percentage" means, with respect to any renewable chemical, the amount, expressed as a percentage, of renewable organic material present as determined by testing representative samples using the American Society for Testing and Materials standard D6866.

(3) "Biomass feedstock" means agricultural crop and process residues, wood and forest residues, energy crops, sugar, polysaccharide, crude glycerin, lignin, fat, grease, or oil derived from a plant or animal, or a protein capable of being converted to a building block chemical by means of a biological or chemical conversion process.

(4) "Building block chemical" means a molecule converted from biomass feedstock as a first product or a secondarily derived product that can be further refined into a higher-value chemical, material, or consumer product, such as high-purity glycerol, oleic acid, lauric acid, methanoic or formic acid, arabonic acid, erythonic acid, glyceric acid, glycolic acid, lactic acid, 3-hydroxypropionate, propionic acid, malonic acid, serine, succinic acid, fumaric acid, malic acid, aspartic acid, 3-hydroxybutyrolactone, acetoin, threonine, itaconic acid, furfural, levulinic acid, glutamic acid, xylonic acid, xylaric acid, xylitol, arabitol, citric acid, aconitic acid, 5-hydroxymethylfurfural, lysine, gluconic acid, glucaric acid, sorbitol, gallic acid, ferulic acid, hydroxyalkanoic acids, 1 nonfuel butanol, nonfuel ethanol, biomass derived carbons, bio-oil, or constituent polymer repeating units, or additional molecules as may be approved by the department after a request and review process, in accordance with Section 6 of this administrative regulation.

(5) "Commissioner" means the Commissioner of Agriculture;

(6) "Crude glycerin" means glycerin with a purity level below ninety-five (95) percent.

(7) "Date of Eligibility" means the date that a business first qualified as an eligible business by organizing, expanding, or locating in Kentucky on or after July 1, 2020, and:

(a) Filling new jobs; or

(b) Acquiring tangible capital assets as a result of substantial new capital investment.

(8) "Department" means the Kentucky Department of Agriculture.

(9) "Food additive" means a building block chemical that is not primarily consumed as food but which, when combined with other components, improves the taste, appearance, odor, texture, or nutritional content of food. The Department shall determine whether or not a building block chemical is primarily consumed as food, based on data presented.

(10) "Full-time employee" means a person employed for at least an average of thirty-five (35) hours per week and subject to the state tax imposed by KRS 141.020.

(11) "High-purity glycerol" means glycerol with a purity level of ninety-five (95) percent or higher.

(12) "New Jobs" means at least two (2) positions added for the purpose of producing renewable chemicals that are filled by a full-time employee and that increases the total employment of the eligible business above its base employment.

(13) "Preliminary Tax Credit" means the dollar amount of tax credit certified by the department for an eligible business.

(14) "Renewable Chemical" means a building block chemical with a biobased content percentage of at least fifty (50) percent, except for a chemical sold or used for the production of food, feed, or fuel. "Renewable chemical" includes:

(a) Cellulosic ethanol, starch ethanol, or other ethanol derived from biomass feedstock, fatty acid methyl esters, or butanol, but only to the extent that these molecules are produced and sold for uses other than food, feed, or fuel;

(b) A building block chemical that can be a food additive as long as the building block chemical is not primarily consumed as food and is also sold for uses other than food; and

(c) Supplements, vitamins, nutraceuticals, and pharmaceuticals, but only to the extent that these molecules do not provide caloric value so as to be considered sustenance as food or feed.

(15) "Substantial Amount of New Capital" means the investment, after July 1, 2020, by an eligible business of at least $5,000 in tangible capital assets used directly in the production of renewable chemicals.

(16) "Sugar" means the organic compounds produced from dedicated crops as well as derived from starches, cellulose, and hemiceluloses, including: glucose, fructose, xylose, arabinose, lactose, and sucrose.

Section 2. Tax Credit Rate Calculation. An eligible business may be approved for a preliminary tax credit, in accordance with the provisions of KRS 246.700 and this administrative regulation, calculated in an amount equal to the product of five cents ($0.05) multiplied by the number of pounds in molecular weight of renewable chemicals produced in this state by the eligible business. This credit may be retroactive to July 1, 2020, with consent of the Kentucky Revenue Cabinet.

Section 3. Full-Time Employee Requirements.

(1) A business shall employ at least two (2) full-time employees over the base employment to meet the eligibility requirement for creating new jobs.

(2) If a full-time employee filling a new job ceases to be employed by the eligible business for any reason, the employee shall be replaced within forty-five (45) days of the employee's termination date in order for the eligible business to maintain the new job for the required period of time. The business shall notify the department within five (5) days after the termination date of the need to replace the terminated employee. The business shall notify the department within five (5) days after a replacement employee has been hired.

(3) All paid hours (work hours and paid leave hours) shall be included when calculating the average hours worked per week to determine if an employee meets the thirty-five (35) hour minimum requirement to qualify as full-time.

Section 4. Program Applications.

(1) Applications for preliminary tax credits shall be filed with the department by the 15th day of the 1st month following the close of the preceding calendar year.

(2) Upon receipt of an incomplete application or an application without the correct fee, the department shall notify the applicant of the need for additional information or payment. The department shall consider the application abandoned if the department does not receive the required information or payment within thirty (30) days after notification of the deficiency. The thirty (30) day period shall begin on the date the notification is issued by the department.

Section 5. Required Agreement. An eligible business shall enter into an agreement with the department to submit all information and reports necessary for the department to determine its date of eligibility, the amount of preliminary tax credit for which the business is eligible, and compliance for each year, including information on required creation or maintenance of new jobs or investment of a substantial amount of new capital.

Section 6. Requests for Eligibility of Additional Molecules and Review.

(1) The department may, after review, add additional eligible molecules to the definition of "building block chemical" upon written request by a producer of a molecule not currently included in the definition of building block chemical.

(2) The department shall accept for review requests for approval of additional molecules on a continuous basis.

(3) The department, before approval of any request for an additional building block molecule, shall convene a committee to review the request and determine whether a requested molecule meets the definition of building block chemical and the criteria for an eligible renewable chemical. The committee shall consist of:

(a) The Director, or their designee, from the University of Kentucky Center for Applied Energy Research;

(b) The Director, or their designee, from the Conn Center for Renewable Energy Research at University of Louisville; and

(4) Upon approval by the committee, the department shall deem the approved molecule as included in the definition of a building block chemical.

(5) The producer of a disapproved molecule shall be allowed to appeal the decision of the committee, in accordance with Section 8 of this administrative regulation.

Section 7. Compliance Cost Fee. A non-refundable compliance cost fee of $500 shall be submitted with all applications for preliminary tax credits for eligible renewable chemical production.

Section 8. Appeal.

(1) Appeals related to the department's decisions on authorizing additional building block chemicals shall be heard by a three (3) person administrative panel whose members shall be designated by the commissioner, in accordance with subsection (2) of this section.

(2) The administrative panel shall include at least one (1) person who is:

(a) A department employee; and

(b)

Not a department employee; and
Not involved or invested in any eligible business seeking or receiving a tax credit for production of renewable chemicals.

(3) The members of the administrative panel shall determine if the department's action was arbitrary or capricious.

(4) Hearings on the appeal shall be open to the public and occur at a time, date, and location designated by the commissioner.

(5) An appellant shall appear in person at the assigned hearing time. Failure to appear on time shall constitute grounds for dismissal of the appeal.

(6) An appellant shall be allowed an opportunity to present arguments for reversing the department's action.

(7) A representative of the department shall be allowed an opportunity to present arguments for affirming the department's action.

(8) The three (3) members of the administrative panel shall rule on whether to reverse or affirm the department's action by a majority vote.

(9) The administrative panel shall conduct the appeal in accordance with KRS Chapter 13B.

Section 9. Material Incorporated by Reference.

(1) "Renewable Chemical Production Program Tax Credit Application", (2020)", is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, 105 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS Chapter 13B, 246.700
STATUTORY AUTHORITY: KRS 246.700(1)(a)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 246.700(1)(a) requires the Department of Agriculture to promulgate administrative regulations to create and administer a renewable chemical production program. KRS 246.700(7) requires the department to cooperate with the Department of Revenue to authorize tax credits for eligible companies producing renewable chemicals. KRS 246.700(4)(a) authorizes the department to impose a nonrefundable compliance cost fee of $500, collected by the department at the time a business applies for participation in the program. This administrative regulation establishes requirements for renewable chemicals, creation of jobs or investment of new capital related to renewable chemical production, and reporting requirements for eligible companies.
History: 47 Ky.R. 1505, 1938; eff. 7-6-2021.

Chapter 10 Egg Marketing

302 KAR 10:015 Egg grading and classification {#sec-302-kar-10-015 omnilex-key=us-ky-regs-official--title-302--302 KAR 10:015}

Section 1. Shell eggs that are offered for sale in Kentucky:

(1) As graded eggs shall meet or exceed the U.S. standards, grades, and weight classes for shell eggs as listed in the United States Department of Agriculture, USDA Egg Grading Manual;

(2) As ungraded eggs shall meet the requirements as provided in Section 2 of this administrative regulation; or

(3) Shall be used as nest run eggs that are sent directly to a processor.

Section 2. Ungraded Eggs.

(1) All ungraded eggs offered for sale in cartons shall be plainly marked "ungraded" on the carton with letters not less than one-fourth (1/4) inch in height.

(2) All ungraded eggs sold in bulk shall be plainly marked "ungraded" on a placard with letters not less than one-half (1/2) inch, in height.

(3) Eggs that are offered for sale in Kentucky shall not consist of eggs unfit for human food in whole or in part, addled or moldy, containing black rot, white rot, or blood ring, adherent yolks, bloody whites, incubated be-yond the blood ring stage, or consisting to any extent of filthy decomposed substance.

(4) The determination of inedible eggs, the sampling to determine the grade, and the determination of quality with shell, albumen, and yoke specifications shall also be governed by the United States Department of Agriculture, USDA Egg Grading Manual.

Section 3. Incorporation by Reference.

(1) "USDA Egg Grading Manual", July 2000, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Egg Marketing Program, 107 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 260.620
STATUTORY AUTHORITY: KRS 260.620
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.620 requires the department to establish standards governing eggs offered for sale as graded eggs. This administrative regulation establishes the specifications for the Kentucky consumer grades for shell eggs offered for sale in Kentucky.
History: 46 Ky.R. 2358, 2969; 47 Ky.R. 59; eff. 7-9-2020.

302 KAR 10:025 License application, refusal, revocation, suspension, and appeals {#sec-302-kar-10-025 omnilex-key=us-ky-regs-official--title-302--302 KAR 10:025}

Section 1. License Application. Persons requiring licensure under KRS 260.550 shall apply to the Kentucky Department of Agriculture using forms Application for Retail License to Handle Eggs or Application for Wholesale Egg Handler License.

Section 2. Refusal to Grant License. An application for a license may be denied if the applicant has previously failed to comply with the egg marketing law as provided in KRS 260.540 to 260.560 and there is reason to believe that he or she will continue to refuse to comply with the law.

Section 3. Suspension of Licenses. If a licensee is found by an inspector to have sold or have eggs on hand for sale which have not been graded or classified properly, or have sold or offered eggs for sale which have not been handled in a manner as to maintain and preserve the quality and grade in which they were sold or offered for sale, or to have sold, offered or exposed for sale, or have in his or her possession for sale, for human consumption, eggs that are inedible, then the inspector may suspend the egg license of the licensee for a period not to exceed five (5) days. The inspector shall notify the suspended party of his or her administrative appellate rights. The inspector shall immediately notify the department of his or her action.

Section 4. Probationary Period. If a licensee is found by an inspector to have sold or have eggs on hand for sale which have not been candled, or which are of a lower grade than labeled, or to have sold or offered for sale eggs which have not been handled in a manner as to maintain and preserve the quality and grade in which they were sold or offered for sale, or have in his or her possession for sale, for human consumption, eggs that are inedible, then the inspector may place the licensee on probation for a period not to exceed ten (10) days. The inspector shall notify the licensee of the probation and inform him or her that unless he or she takes necessary corrective measures within this time period, then his or her license shall be suspended or revoked. The inspector shall immediately notify the department of his or her action.

Section 5. Revocation of Licenses. If a licensee is found by an inspector to have sold eggs or have eggs on hand for sale which have not been candled, or which are of a lower grade than labeled, or has failed to preserve the grade and quality of eggs for sale, or has sold, or offered or exposed for sale, or has in his or her possession for sale for human consumption eggs that are inedible, then the inspector may recommend to the department that the licensee's license be revoked.

Section 6. Appeals. All appeals of KDA determinations shall be done in accordance with KRS Chapter 13B.

Section 7. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Application for Retail License to Handle Eggs", June 2020; and

(b) "Application for Wholesale Egg Handler License", June 2020.

History

RELATES TO: KRS 260.550, 260.560, 260.580, 260.600
STATUTORY AUTHORITY: KRS 260.560, 260.580
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.560 requires the department to administer all provisions and exercise all administrative powers in egg marketing law and authorizes the department to promulgate administrative regulations necessary to carry out the provisions of the egg marketing law. KRS 260.580 requires the department to prescribe reasonable administrative regulations setting up standards governing the form and schedule for processing applications for egg licenses, the determination of whether an application for license shall be granted or denied, and the grounds for the suspension and revocation of a license. This administrative regulation prescribes the grounds for refusal, revocation, or suspension of a license and for placing licensee on a probationary period and the process for appeals.
History: 46 Ky.R. 2359; 47 Ky.R. 59; eff. 7-9-2020.

302 KAR 10:100 Refrigeration of eggs and temperature requirements {#sec-302-kar-10-100 omnilex-key=us-ky-regs-official--title-302--302 KAR 10:100}

Section 1. The refrigeration and temperature requirements in the standards of quality for shell eggs shall be governed by the following specifications:

(1) To prevent undue deterioration, a shell egg packed in a container for the purpose of resale to a consumer shall be stored and transported under refrigeration at an ambient temperature of forty-five (45) degrees Fahrenheit or seven and two-tenths (7.2) degrees Centigrade or less.

(2) Eggs, which are shipped across the state line into Kentucky, shall be transported under refrigerated conditions at the temperature as required by subsection (1) of this section.

(3) A shell egg that is packed into a container for the purpose of resale to a consumer shall be labeled with the following statement: "Keep refrigerated at or below forty-five (45) degrees Fahrenheit".

(4)

(a) A person who takes possession of an egg in this state shall be liable for compliance with subsections (1) and (2) of this section.

(b) Upon receiving an egg, a person shall ensure that his or her supplier complies with the labeling requirements established in KRS 260.630.

(5) An egg that does not meet the refrigeration requirements either in transit, storage or display shall be seized or ordered destroyed by a Department of Agriculture inspector.

History

RELATES TO: KRS 260.620
STATUTORY AUTHORITY: KRS 260.620
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.620 requires the department to establish standards governing eggs offered for sale as graded eggs. This administrative regulation establishes the requirements relating to the refrigeration of eggs, including temperature, transportation, and labeling requirements.
History: 24 Ky.R. 2242; Am. 2620; eff. 6-10-98; Crt eff. 2-18-2020; 46 Ky.R. 2314; eff. 7-9-2020.

302 KAR 10:110 Egg lot consolidation {#sec-302-kar-10-110 omnilex-key=us-ky-regs-official--title-302--302 KAR 10:110}

Section 1. Registration.

(1) Training. A person may become registered to consolidate egg lots after having attended a training course approved by the department. Proof of attendance shall be submitted with the Egg Lot Consolidation Registration Form, Application for Registered Lot Consolidator.

(2) Registration Periods. The Egg Lot Consolidation Registration shall be valid for a period of two (2) years starting July 1 of the initial fiscal year of application and terminating June 30 of the second year. Registration forms submitted any time after July 1 of any year and prior to June 30 of any year shall be deemed to have been active for one (1) year at the next July 1st calendar year.

(3) Fee. The fee for the Egg Lot Consolidation Registration shall be twenty (20) dollars for the two (2) year registration period. The fee shall be included with the Egg Lot Consolidation Registration form when the form is submitted to the department. The form and fee shall be sent to the address listed on the form.

(4) Relation to Egg License. Registration shall be independent of any other license, and shall follow the individual.

(5) Registration refusal, revocation, or suspension shall follow the rules set forth in 302 KAR 10:040.

Section 2. Store Requirements for Consolidation.

(1) Each store location wishing to consolidate egg lots shall maintain a physical copy of the registration document of the store's egg lot consolidator.

(2) Each store shall maintain an Egg Lot Consolidation Log form. This form shall be maintained by the store at the physical location the eggs were consolidated for a period not less than thirty (30) days past the last sell by date on the cartons consolidated. The form may be:

(a) The Egg Lot Consolidation Log form provided by the department; or

(b) A store created proprietary form containing the same name and the same required information as the department form.

Section 3. Consolidation.

(1) Requirements. Eggs shall be consolidated in a manner consistent with training materials required by Section 4 of this administrative regulation. Each lot consolidation shall be documented using an Egg Lot Consolidation form. Registered egg lot consolidators shall work at one (1) physical store location only.

(2) Supervision. Supervision of consolidation activities by the egg lot consolidator is not required to be line of sight.

Section 4. Training Materials.

(1) Training courses shall be approved by the department if the course teaches the following:

(a) Law governing egg lot consolidation:

Same lot code;
Same source;
Same sell by date;
Same grade;
Same size; and
Same brand;

(b) Temperature requirements;

(d) Sanitation;

(e) No reusing dirty cartons (If no cartons available, eggs shall be destroyed);

(f) No repacking (changing identity);

(g) Registration requirements;

(h) Egg quality (USDA guidelines);

(i) Original packaging required, replacement cartons shall not be utilized; and

(j) Egg Lot Consolidation Log.

(2) Approval. Training materials and topics shall be submitted in writing to the department at least thirty (30) days prior to the proposed training date. Once approved, the approval shall continue unless material changes are made to the materials included.

Section 5. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Egg Lot Consolidation Registration Form", January 2015; and

(b) "Egg Lot Consolidation Log Form", January 2015.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Office of Agricultural Marketing and Product Promotion, 100 Fair Oaks, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. The material is also available on the department Web site at www.kyagr.com.

History

RELATES TO: KRS 260.610
STATUTORY AUTHORITY: KRS 260.610(4)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.610(4) authorizes the Commissioner of the Department of Agriculture to promulgate administrative regulations governing the requirements for lot consolidation registration and to assess a fee to defray the costs of the registration program. This administrative regulation establishes the materials required to be provided in an approved training course, completion of which will allow a registered consolidator or a person under the consolidator's supervision, to consolidate egg lots.
History: 41 Ky.R. 1939; Am. 2090; eff. 5-1-2015; Cert. eff. 3-22-2022.

Chapter 15 Fairs and Shows

302 KAR 15:010 Administration; state aid to local fairs {#sec-302-kar-15-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 15:010}

Section 1. General Administration.

(1) The County Fair Coordinator of the Shows and Fairs Division in the Department of Agriculture shall only make premium allocations to the authorized agent of an incorporated local fair board that conducts a qualified local agricultural fair in compliance with KRS 247.220.

(2) Fair officials for local fair boards applying for state funds shall make a reasonable effort to develop a program that shall supplement agricultural educational and promotional activities.

(3) Local fair boards seeking state assistance shall plan and conduct a qualified local agricultural fair with educational exhibits running for at least three (3) consecutive days (thirty-six (36) hours of exhibition). All fair events shall be held on consecutive days, except a fair may:

(a) Be closed on Sundays; and

(b) Conduct certain events, such as harness horse racing, on separate dates if:

The local board files a request to conduct the event with the Shows and Fairs Division;
The request is considered by the Kentucky Fair Council at the next regular meeting and thereafter transmitted to the Commissioner of Agriculture for the Commissioner's approval or rejection of the local board's request; and
The Commissioner of Agriculture approves the request based on the application.

(4) A local fair board shall establish classes and premiums related to the economic importance of the commodity in the area, the relative value of the exhibit, and the difficulty in preparing for and showing the entry.

(5) Ribbon colors at each local fair shall be:

(a) Blue for first place;

(b) Red for second; and

(6) A local fair board seeking state funds shall comply with local and state health regulations for exhibitors tending exhibits and for fair attendants.

(7) A fair event held at a location other than the fairgrounds shall qualify for aid if publicized in the fair's catalog as being a fair event.

Section 2. Records.

(1) A local fair board shall make a request for state assistance annually on an Initial Request for State Aid to Local Agricultural Fairs form, and shall mail it to the Shows and Fairs Division by March 1 of the year in which the fair is conducted. The Commissioner of Agriculture shall allow a fair to enter the program after the application deadline has passed for good cause shown.

(2) A local fair board shall mail an Open Class Livestock Show Information Form Packet concerning the fair's livestock shows to the Shows and Fairs Division by April 1 of the year in which the fair is conducted.

(3) A complete financial statement for events previously requesting state funds shall be submitted to the Department of Agriculture.

(a) This annual financial statement shall cover all crops, foods, domestic livestock, poultry, harness horse racing, other horse events, and other agricultural classes that might qualify for aid.

(b) The statement shall be complete and prepared in detail showing receipts and disbursements, as well as the number of exhibitors and premiums awarded by fair departments.

(c) This certified, notarized statement shall be presented to the County Fair Coordinator of the Shows and Fairs Division within forty-five (45) days following the event, and a financial statement shall not be accepted for payment after December 1 of the year in which the fair is conducted without approval from the Kentucky Fair Council, based on budgetary considerations.

Section 3. Entries.

(1)

(a) A Fair qualifying for state funds shall provide for adult and youth divisions.

(b) Youth exhibits shall include 4-H, FFA, FHA, and other official groups, if any, recognized by the extension service or the Office of Secondary Vocational Education. All projects approved by these official groups may be approved for state funds. Fair boards may restrict youth participation to a particular district, county, or trade area.

(2) All exhibitors, adult and youth, shall have equal opportunity to enter open classes.

(3)

(a) A local fair board receiving state money shall assure that exhibits eligible in more than one (1) class or section shall be exhibited only in the class or section for which it best qualifies.

(b) An exhibitor shall not show the same kind of animal or the same entry in both FFA and 4-H classes or in classes for other organized junior organizations.

(4) All domestic livestock, poultry, and horse entries shall comply with 302 KAR Chapter 22 of the State Board of Agriculture relating to the exhibition of livestock in Kentucky.

Section 4. Catalog.

(1)

(a) A qualified fair shall have an official fair catalog. A draft copy of the catalog including premium lists and classes, excluding advertisements, shall be submitted to be approved by the Shows and Fairs Division at least forty-five (45) days prior to the opening of the fair.

(b) The finished catalog shall be submitted to the County Fair Coordinator of the Department of Agriculture's Shows and Fairs Division no later than thirty (30) days before the fair is held.

(2) Classes advertised in the catalog shall be reviewed annually by the local fair board to make certain that competitive events shall be held and that premiums offered shall not be of balance with entries.

(3) The official fair catalog shall contain:

(a) A list of fair officials and their assigned responsibilities with the following organizations being represented on the agriculture advisory board:

Vocational Agriculture;
Extension Service;
Farm Bureau;
Local Livestock Association (if any); and
Local Horsemen's Association (if any);

(b) A schedule of events planned as a part of the fair;

(c) Local fair rules and 302 KAR Chapter 15 including a statement that "open classes shall be open to all exhibitors unless otherwise specified;"

(d) General information by fair departments showing classes and premium lists;

(e) 302 KAR Chapter 22; and

(f) A rule that "entries made in 4-H, FFA and FCCLA classes shall have been produced in conjunction with an approved project sponsored by these organizations."

(4) Catalogs shall be mailed and distributed by the local fair board no later than thirty (30) days prior to the opening of the fair.

Section 5. Judges.

(1) To assist with the educational objectives of each event, a local fair shall encourage judges to present reasons for their evaluations and decisions.

(2) A person shall not be an exhibitor or act as an agent in any division or department for which he or she serves as a judge.

Section 6. State Allocation.

(1)

(a) The Department of Agriculture's agricultural premium money shall be allocated to all approved local fairs on the basis of total money offered for approved classes in the catalog and total money spent in approved classes taken from the fair's financial statement available as indicated by fair records including catalogs.

The total agricultural premium payment for one (1) or more fairs held annually in a single county shall not exceed $4,500.
State money for each class shall not exceed fifty (50) percent of the total premiums awarded.

(b) The first agricultural premium payment to each fair shall be made after the printed catalog is received and may be up to one-fourth (1/4) of the amount of money offered in approved classes by the local fair up to a maximum of $2,250.

(c) The second agricultural premium payment shall be made after the fair's financial statement is received, if all remaining requirements have been met and the necessary records submitted, and shall be based on the amount of money paid for premiums and awards in approved agricultural classes up to a maximum of $4,500 less the amount of the first agricultural premium payment.

(d) The combination of county fairs or community fairs of a number of counties shall not be approved to justify a larger state premium payment.

(2) An additional $2,000 grant may be made to a qualified local agricultural fair to be used for horse events' premiums and awards.

(a) This grant shall be made on an equal matching fund basis and shall be based completely on the amount of money paid in premiums and awards for horse events' classes.

(b) The payment of this grant shall come after the financial statement of the fair is received by the Department of Agriculture and shall be included in the fair's second fair payment.

(c) The qualified fair shall submit with its financial statement, records of premiums paid, number of exhibitors, and number of entries for these horse events.

(3)

(a) The Department of Agriculture shall make available to a qualified agriculture fair up to $7,000 on an equal matching basis for harness horse racing, with a maximum of $750 per race being matched by the department.

(b) Harness racing payments shall also be disbursed in two (2) payments.

The first payment shall be one-fourth (1/4) the amount of purses offered in the printed catalog, up to a maximum of $3,500. This payment shall be combined with the fair's first agricultural payment.
The second harness racing payment shall be based on the amount of money spent in harness racing purses, up to a maximum of $7,000 less the first harness racing payment. It shall be included in the second fair payment, if the fair has included sufficient information on the financial statement in regard to the harness racing results.

(4)

(a) The County Fair Coordinator of the department's show and fair program shall provide from the appropriation for county fairs a trophy that shall be rotated and engraved and presented annually to the local fair that has made the most progress in twelve (12) months.

(b) Appropriate engraved plaques shall be presented to the first, second, and third placed fairs making the most progress in the twelve (12) months period and also for the most outstanding new fair in the program for that year.

(c) The presentation shall be made by the Department of Agriculture's Fair Council based on records submitted to the department.

Section 7. Grant Program.

(1) A qualified local agricultural fair may apply to the Grant Program yearly for capital construction of new buildings and facilities, infrastructure improvement to existing facilities, or the purchase of nonpermanent tangible items (for example, bleachers and restaurant equipment) A fair shall submit the Application for County Fair Grant to the Shows and Fairs Division. The applications shall be postmarked by October 1st of each year. Grant applications shall comply with the requirements established in paragraphs (a) through (j) of this subsection.

(a) Grants shall made on a matching basis. The Kentucky Department of Agriculture shall provide seventy-five percent (75) percent, and the local fair shall provide twenty-five percent (25) percent, in either a monetary or in-kind match.

(b) The minimum amount eligible to be received shall be $10,000. The maximum amount received shall be $100,000.

(c) The Fair Board shall be required to execute a Memorandum of Agreement with the Kentucky Department of Agriculture for the use of state funds.

(d) The Fair Board shall own the land or hold a long-term lease on the property (twenty (20) years for capital construction and improvements or ten (10) years for non-permanent tangible items). A copy of the deed or lease agreement shall be submitted to the Shows and Fair Division.

(e) Grant applications shall be accompanied by a development plan for capital construction and infrastructure. Applications for non-permanent tangible items shall be accompanied by a statement of cost from the vendor.

(f) Changes to development plans shall have prior approval from the Kentucky Department of Agriculture.

(g) All building or health permits (local and state) shall be obtained and submitted to the Shows and Fairs Division for capital construction or infrastructure upon a grant being awarded. If none are required an affidavit signed by local officials shall be submitted to the Shows and Fairs Division.

(h) Awarded projects shall be started within ninety (90) days, of the date the project is awarded and completed within nine (9) months. Project extensions shall be made on a case by case basis, based on reasonable assurance of project completion.

(i) Fairs shall make a full accounting of all expenditures and receipts of the completed project within ninety (90) days of completion.

(j) A fair that has been awarded a grant shall be ineligible to apply another grant for three (3) years from the date the previous grant was awarded.

(2) The grants program shall be administered by the Kentucky Department of Agriculture's Shows and Fairs Division. The County Fair Coordinator shall review all applications for compliance. The grants shall then be presented to the Kentucky Fair Council for selection.

(3) The Fair Council shall select grant recipients until the yearly budget allocations have been met.

(a) The Fair Council shall reject a grant that does not meet the requirements established in this administrative regulation.

(b) The Shows and Fairs Division shall monitor implementation of awarded grants.

Section 8. Effect of Overspending of Fair Program Budget. If the local agricultural fair program payments exceed the amount of money budgeted for the total fair program, reductions shall be made in payments as recommended by the Fair Council and as determined by the Commissioner of Agriculture based on the application.

Section 9. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Initial Request for State Aid to Local Agricultural Fairs", 2019;

(b) "Application for County Fair Grant", August 2019; and

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of the Department of Agriculture, Shows and Fairs Division, 111 Corporate Drive, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 247.220
STATUTORY AUTHORITY: KRS 247.220
NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.220(2) authorizes the Fair Council and the Commissioner of Agriculture to promulgate administrative regulations regarding grants for local fair facilities. This administrative regulation establishes requirements for administration of and participation in the local fairs program.
History: 1 Ky.R. 1022; eff. 6-11-1975; Am. 2 Ky.R. 595; 3 Ky.R. 354; eff. 9-1-76; 9 Ky.R. 1031; 1195; eff. 4-6-83; 17 Ky.R. 1143; 1712; eff. 11-15-90; 21 Ky.R. 2734; 33; eff. 6-14-95; 24 Ky.R. 2757; eff. 8-17-98; 33 Ky.R. 527; 1300; eff. 11-8-2006; Crt eff. 2-18-2020; 46 Ky.R. 1614, 2230; eff. 2-26-2020.

302 KAR 15:020 Dairy cattle shows and sales {#sec-302-kar-15-020 omnilex-key=us-ky-regs-official--title-302--302 KAR 15:020}

Section 1. General Requirements for Shows and Sales.

(1) All animals exhibited in the show shall be consigned and sold in the sale.

(2) More than two (2) bulls shall not be consigned to a show and sale.

(a) Young bulls that have not been proved shall have a pedigree showing that they are out of dams having milk and butterfat production records exceeding the national breed average by at least sixty (60) percent and classified very good or better.

(b) Sires of young bulls shall be at least plus proven for milk and butterfat.

(3) Each cooperating agency shall select, in cooperation with the department, an auctioneer and sales manager experienced in conducting sales of national scope.

(4) The judge or judges for the show shall be of national prominence and selected in cooperation with the department.

(5) All cows entered in the show and sale shall be sired by plus proven sires or sons of plus proven sires. Plus for milk, fat, or dollars shall qualify a sire.

(6) All cows over three (3) years of age and entered in the show and sale shall be of "very good" or "excellent" type either officially or in the opinion of the individual making the selection. Nonclassified two (2) year old cows and uncalved heifers shall qualify by being from dams that are officially classified "very good" or "excellent" or from dams classifying less than "very good" or "excellent" or from dams classifying less than "very good" with production records fifty (50) percent above breed average.

(7) Animals considered unsound in any manner shall not be accepted by show and sale officials.

(8) The cooperating agency shall prepare and present to the department records pertaining to the show and sale prior to final settlement on advertising.

(9) The records established in subsection (8) of this section shall include:

(a) A record of the transfer of ownership of each animal from the breed association;

(b) A list of consignors, animals sold, premiums awarded, selling price, and name and address of purchaser;

(c) Sample copies of printed advertisements and promotional material and copies of invoices covering advertising costs; and

(d) Financial statement showing the total receipts and disbursements for the event.

(10) Dates for state-supported purebred shows and sales shall be selected in cooperation with the department and shall not conflict with similar events. Consideration shall be given to marketing patterns, seasons, and the possibility of tying the show and sale in with other major national and state activities.

(11) The location of these national events shall be selected in cooperation with the department after consideration is given to:

(a) Facilities for showing and selling high quality cattle;

(b) Housing accommodations for exhibitors and buyers;

(d) Arrangements for handling online bids; and

(e) Added attractions in the area.

(12) Show and sale planning committees appointed by each state breed association shall include a representative of the Department of Agriculture's Livestock Show Program and representatives of the national and state breed association. Representatives from other groups and organizations, such as Chamber of Commerce, tourist commission, and farm organizations shall be added to the committees if they are willing and able to make a contribution to the success of the show and sale. The committee chairman and other officers for the event shall be elected by the committee.

(13) All persons attending a consignment show or sale do so at their own risk.

(14) All records on pedigree information shall cover at least the three (3) preceding generations (including the consignment) and be presented to the show and sale officials at consignment.

(15)

(a) The cooperating agency may charge an entry fee up to but not to exceed the amount of premium offered by the department.

(b) A sales commission may be charged by the cooperating agency to cover the actual cost of the sale, but in no case shall the commission exceed twenty-five (25) percent of the gross sales.

(16) Sales practices and procedures established based on breed by the Purebred Dairy Cattle Association shall apply as minimum requirements to all matters pertaining to the sale not otherwise covered by this administrative regulation or KRS 246.250.

Section 2. Terms and Conditions of Sale.

(1) Terms of the sale in addition to those established based on breed by the Purebred Dairy Cattle Association shall be established by the cooperating agency with the approval of the department.

(2) The auctioneer shall be responsible for settling disputes as to bids, and his or her decision shall be final.

(3) All payments shall be made to the individual designated by the cooperating agency.

(4) The purchaser shall assume all risk for animals as soon as they are struck off. The cooperating agency shall care for the animals free of charge for a period of at least twenty-four (24) hours.

(5) Arrangements shall be made by the cooperating agency for adjustments or refunds on sales that fail to comply with rules and this administrative regulation.

Section 3. Health Requirements.

(1) All animals consigned to the show and sale shall comply with 302 KAR Chapter 20. 302 KAR Chapter 22 shall be published in the catalog.

(2) All records qualifying animals for the show and sale must be presented to the cooperating agency or their representatives when the entry is made.

Section 4. Catalog Requirements.

(1) The consignment show and sale catalog shall be prepared by the sales committee and shall contain a list of all show classes and the premiums allocated in addition to the information pertaining to the sale. Show classes shall comply with the standards based on breed established by the Purebred Dairy Cattle Association.

(2) Each animal listed for sale in the catalog shall be identified in as much detail as possible. All production records along with the pedigree and other information relating to its breeding and show honors shall be listed.

(3) Both consignor and breeder shall be listed on the pedigree of each animal in the catalog.

(4) The names of consignors and lot number of the animals they consign shall be given.

(5) The catalog shall contain information on:

(a) Location of show and sale headquarters;

(b) Shipping arrangements;

(d) Sponsors; and

(e) Educational activities.

Section 5. Advertising Requirements.

(1) All advertising for shows and sales shall be planned and contracted in cooperation with the department, and all shows and sales shall be advertised as state-supported events cosponsored by the national and state associations and the department.

(2) The cost of the show and sale catalog may be considered advertising costs to be paid by the department and may be considered as a sale expense.

History

RELATES TO: KRS 246.250
STATUTORY AUTHORITY: KRS 246.250(7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 246.250(7) requires the department to promulgate administrative regulations carry out the provisions of KRS 246.250. This administrative regulation establishes requirements for state-supported purebred dairy cattle shows and sales.
History: AGR:FS:20; 1 Ky.R. 1023; eff. 6-11-75; Am. 16 Ky.R. 1961; eff. 5-8-90; Crt eff. 2-18-2020; 46 Ky.R. 1617; eff. 2-26-2020.

302 KAR 15:030 Beef cattle shows and sales {#sec-302-kar-15-030 omnilex-key=us-ky-regs-official--title-302--302 KAR 15:030}

Section 1. General Requirements for Shows and Sales.

(1) All animals exhibited in the show shall be consigned and sold in the sale.

(2) A minimum of twenty-five (25) animals shall be consigned to each event.

(3) Any show, exhibition, and sale of purebred cattle to be eligible to receive appropriations shall provide that the entries in all classes be open upon equal terms to the breeders of cattle in all of the states of the United States and the Dominion of Canada.

(4) Each cooperating agency shall select, in cooperation with the department, an auctioneer and sales manager experienced in conducting sales of national scope.

(5) The judge or judges for the show shall be of national prominence and selected in cooperation with the department.

(6) Animals considered unsound in any manner shall not be accepted by show and sale officials.

(7) The cooperating agency shall prepare and present to the department records pertaining to the show and sale prior to final settlement on advertising. These records shall include:

(a) A list of consignors, animals sold, premiums awarded, selling price, and name and address of purchaser;

(b) Sample copies of printed advertisements and promotional material and copies of invoices covering advertising costs; and

(8) Dates for state-supported purebred shows and sales shall be selected in cooperation with the department and shall not conflict with similar events. Consideration shall be given to marketing patterns, seasons, and the possibility of tying the show and sale in with other major national and state activities.

(9) The location of these national events shall be selected in cooperation with the department after consideration is given to:

(a) Facilities for showing and selling high quality cattle;

(b) Housing accommodations for exhibitors and buyers;

(d) Arrangements for handling online bids; and

(e) Added attractions in the area.

(10) Show and sale planning committees appointed by each sponsoring association shall include a representative of the Department of Agriculture and representatives of the national and state breed association. Representatives from other groups and organizations, such as Chamber of Commerce, tourist commission, and farm organizations shall be added to the committees if they are willing and able to make a contribution to the success of the show and sale. The committee chairman and other officers for the event shall be elected by the committee.

(11) All persons attending a consignment show or sale do so at their own risk.

(12) Official registration papers for each registered animal consigned shall be presented to the show and sale officials at consignment.

(13)

(a) The cooperating agency may charge an entry fee up to but not to exceed the amount of premium offered by the department.

(b) A sales commission may be charged by the cooperating agency to cover the actual cost of the sale, but in no case shall the commission exceed fifteen (15) percent of the gross sales.

(14) Sales practices and procedures recommended by the individual breed association shall apply as minimum requirements to all matters pertaining to the sale not otherwise covered by this administrative regulation or KRS 246.250.

Section 2. Terms and Conditions of Sale.

(1) Terms of the sale in addition to those recommended by the individual breed association shall be established by the cooperating agency with the approval of the department.

(2) The auctioneer shall be responsible for settling disputes as to bids, and his or her decision shall be final.

(3) All payments shall be made to the individual designated by the cooperating agency.

(4) The purchaser shall assume all risk for animals as soon as they are struck off. The cooperating agency shall care for the animals free of charge for a period of at least twenty-four (24) hours.

(5) Arrangements shall be made by the cooperating agency for adjustments or refunds on sales that fail to comply with rules and this administrative regulation.

Section 3. Catalog Requirements.

(1) The consignment show and sale catalog shall be prepared by the sales committee and shall contain a listing of all show classes and the premiums allocated in addition to the information pertaining to the sale.

(2) Each animal listed for sale in the catalog shall be identified in as much detail as possible. All production records along with the pedigree, and other information relating to its breeding and show honors shall be listed..

(3) The catalog shall contain information on:

(a) Location of show and sale headquarters;

(b) Shipping arrangements;

(d) Sponsors; and

(e) Educational activities.

Section 4. Advertising Requirements.

(2) The cost of the show and sale catalog may be considered advertising costs to be paid by the department and may be considered as a sale expense.

Section 5. Health Requirements.

(1) All animals consigned to the show and sale shall comply with 302 KAR Chapter 20. 302 KAR Chapter 22 shall be published in the catalog.

(2) All records qualifying animals for the show and sale shall be presented to the cooperating agency or their representatives upon entry.

History

RELATES TO: KRS 246.250
STATUTORY AUTHORITY: KRS 246.250(7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 246.250(7) requires the department to promulgate administrative regulations to carry out the provisions of KRS 246.250. This administrative regulation establishes requirements for state-supported purebred beef cattle shows and sales.
History: 1 Ky.R. 1024; eff. 6-11-75; Am. 15 Ky.R. 843; eff. 10-26-88; Crt eff. 2-18-2020; 46 Ky.R. 1619; eff. 2-26-2020.

Chapter 16 Amusement Rides

302 KAR 16:010 Business registration and permit for amusement rides or attractions {#sec-302-kar-16-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 16:010}

Section 1. Definition. "Permit" means a number identifying the specific ride or attraction to which it is assigned.

Section 2. A permit shall be required to operate each applicable amusement ride or amusement attraction in this state, and shall be valid for the remainder of the calendar year from the date of issuance. A permit shall not be transferred or assigned.

Section 3. Procedure for Registering a Business. Every owner of an amusement ride or attraction seeking to operate in Kentucky shall submit:

(1) An Amusement Ride and Attraction Business Registration Form; and

(2) A Business Registration Fee of fifty (50) dollars.

Section 4. Procedure for Obtaining a Permit.

(1) Every owner of an amusement ride or attraction seeking to operate in Kentucky shall submit :

(a) An Amusement Ride and Attraction Permit Application Form for rides and attractions;

(b) A permit fee of five (5) dollars for each ride or device; and

(2)

(a) The owner of the amusement ride or attraction shall provide a written itinerary indicating:

The location of the first setup;
All future operating dates and locations, including addresses;
The operating period at each location;
The names of all rides requiring initial safety inspections pursuant to KRS 247.234(3)(e); and
All rides or attractions being operated at each location.

(b) The itinerary shall be submitted to the department at least fourteen (14) days prior to the first scheduled setup and shall be updated in writing immediately if cancellations are made or additional locations added.

Via the online portal at https://kyagr-apps.com/AgExternal/Security/Account/Login; or
In writing, including by facsimile or electronic mail, by using:

a. The Itinerary Mobile Operators form; or

b. The Itinerary Permanent Fixed Locations form.

(3) Except as established in subsection (4) of this section, the applicant shall provide proof of liability insurance in the amount of at least $1,000,00 per occurrence for bodily injury or death, for each amusement ride or amusement attraction.

(a) The proof of insurance shall include a statement that the insurer shall not cancel the policy without at least thirty (30) days written notice to the department.

(b) Proof of insurance shall be either the policy or a certified statement issued by the insurer and shall include:

A listing of all amusement rides and amusement attractions insured; or
A statement that all amusement rides and amusement attractions operated under the supervision of the insured are covered in the policy.

(4) If the applicant's amusement rides or amusement attractions are permanently located or erected, the applicant may, instead of providing proof of liability insurance, provide proof of financial responsibility in at least the amount of $1,000,000 on or before the date of the initial safety inspection. Proof of financial responsibility shall be shown by:

(a) Proof of liability insurance of at least $1,000,000 per occurrence for bodily injury or death;

(b) A financial statement, certified by a licensed certified public accountant, dated no more than thirty (30) days prior to the application date, indicating a net worth of at least $1,000,000 or more in assets located in the state; or

Section 5. Upon receipt of a complete application, applicable fees, proof of liability insurance or financial responsibility, and a complete itinerary, a permit shall be issued to the applicant.If all items required by this section are not physically available to the inspector when the initial safety inspection takes place, the inspector shall not perform the initial safety inspection and a permit shall not be issued.

Section 6. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Amusement Ride and Attraction Business Registration Form", 6/23;

(b) "Amusement Ride and Attraction Permit Application Form", 6/23;

(d) "Itinerary Permanent Fixed Locations", 03/03.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Agriculture, Division of Regulation and Inspection, 107 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the department's Web site at https://kyagr.com/consumer/amusement-rides.html.

History

RELATES TO: KRS 247.234
STATUTORY AUTHORITY: KRS 247.234
NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.234(2) and (6) require the Department of Agriculture to promulgate administrative regulations for the process for registering a business and applying for an amusement ride or attraction permit. This administrative regulation establishes the criteria for registering a business and obtaining a permit to operate an amusement ride or attraction.
History: 11 Ky.R. 94; Am. 399; eff. 9-11-1984; 13 Ky.R. 240; eff. 9-4-1986; 15 Ky.R. 845; eff. 10-26-1988; 29 Ky.R. 2333; 2663; eff. 5-15-2003; 33 Ky.R. 886; 1303; eff. 11-8-2006.35 Ky.R. 2129; 2419; eff. 6-5-2009; 45 Ky.R. 3502; 46 Ky.R. 430; eff. 8-22-2019; 49 Ky.R. 2130; 50 Ky.R. 650; eff. 10-19-2023.

302 KAR 16:020 Inspection and operation of amusement rides or amusement attractions {#sec-302-kar-16-020 omnilex-key=us-ky-regs-official--title-302--302 KAR 16:020}

Section 1. Definitions.

(1) "Air inflatable device" means an object that is filled with air that is supplied continuously by an electric motor-driven blower.

(2) "Dark ride" means an amusement ride or amusement attraction enclosed and with the lights turned off during the duration of the ride, and is a nonmechanized self-propelled amusement.

(3) "Go-cart facility" means an amusement ride or amusement attraction that carries a rider on a fixed path and includes the vehicle that travels the fixed path.

(4) "Inspection fee" means a fee required to be paid to operate any amusement ride or amusement attraction in Kentucky.

(5) "Kiddie ride" means an amusement ride or amusement attraction that has a height requirement of forty-two (42) inches or less to ride.

(6) "Major ride" means any ride that:

(a) Has height requirement of forty-three (43) inches or greater to ride; and

(b) Does not have a specific fee established for it in Section 2 of this administrative regulation.

(7) "Play port" means an object designed for use by children on which a child can swing, walk, climb, or slide, and that follows a fixed path.

(8) "Steel roller coaster" means roller coaster of which the track portion is constructed of steel or other metal material.

(9) "Walk through" means a fun house or glass house that is nonmechanized and self-propelled.

(10) "Water ride" means an amusement ride or amusement attraction that uses water as a means of propulsion and includes bumper boats and water park slides that are in excess of fifteen (15) feet at the highest point of the slide.

(11) "Wooden roller coaster" means a roller coaster of which the track portion is constructed of wood material.

Section 2.

(1) All amusement rides and amusement attractions operating in Kentucky shall bear a Kentucky permit seal. Following and passing an initial safety inspection, a Kentucky permit seal shall be affixed to a permanent and accessible section of the amusement ride or amusement attraction.

(2) If the required Kentucky permit seal does not appear on the amusement ride or amusement attraction, operation of the amusement ride or amusement attraction shall be stopped until proof of an initial inspection is provided.

Section 3. Initial safety inspection fees, and any required re-inspection fees, shall be levied for each amusement ride and amusement attraction. The initial safety inspection fees shall be assessed as established in subsections (1) through (12) of this section.

(1) Air inflatable devices shall be fifty (50) dollars.

(2) Kiddie rides shall be seventy-five (75) dollars.

(3) Play ports shall be seventy-five (75) dollars.

(4) Water rides shall be seventy-five (75) dollars.

(5) Dark rides shall be seventy-five (75) dollars.

(6) Walk throughs and glass houses shall be seventy-five (75) dollars.

(7) Tracked trains shall be $100.

(8) Go-cart facilities shall be $125.

(9) Major rides shall be $150.

(10) Steel roller coasters shall be $200.

(11) Wooden roller coasters shall be $300.

(12) Any amusement ride or amusement attraction not listed in this section shall be $150.

(13) Re-inspection as established in KRS 247.234(4)(a).

(a) Re-inspection fees shall be assessed as established in paragraph (b)1. through 12. of this subsection.

(b)

Air inflatable devices shall be $100.
Kiddie rides shall be $150.
Play ports shall be $150.
Water rides shall be $150.
Dark rides shall be $150.
Walk throughs and glass houses shall be $150.
Tracked trains shall be $200.
Go-cart facilities shall be $250.
Major rides shall be $300.
Steel roller coasters shall be $400.
Wooden roller coasters shall be $500.
Any amusement ride or amusement attraction not listed in this paragraph shall be $300.

Section 4. All new permanent amusement rides and amusement attractions shall have all required state and local permits before the initial safety inspection.

History

RELATES TO: KRS 247.232, 247.234, 247.236(3)
STATUTORY AUTHORITY: KRS 247.234, 247.236
NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.234(3)(e) requires the department to promulgate administrative regulations establishing initial safety inspection fees and safety requirements for amusement rides or attractions. KRS 247.236(3) requires the department to promulgate an administrative regulation establishing the requirements for the construction of safety barriers around an amusement ride or attraction. This administrative regulation establishes safety guidelines for the operation and inspection of amusement rides or attractions and establishes the initial safety inspection fees.
History: 11 Ky.R. 94; 400; eff. 9-11-1984; 1644; eff. 6-4-1985; 29 Ky.R. 2335; 2664; eff. 5-15-2003; 33 Ky.R. 888; 1304; eff. 11-8-2006; 35 Ky.R. 2131; 2420; eff. 6-5-2009; 44 Ky.R. 2265, 2492; eff. 7-6-2018; 45 Ky.R. 3503; 46 Ky.R. 430; eff. 8-22-2019; 49 Ky.R. 2130; 49 Ky.R. 2130, 50 Ky.R. 650; eff. 10-19-2023.

302 KAR 16:030 Determination of administrative or safety violations which cannot be corrected immediately; section stop order {#sec-302-kar-16-030 omnilex-key=us-ky-regs-official--title-302--302 KAR 16:030}

Section 1. Definition. "Immediately correctable violation" means a violation that can be corrected on the day of an inspection.

Section 2. The department's inspector shall determine the nature and severity of violations and shall determine if the violations are not immediately correctable based on the manufacturer's standards, KRS 247.232 through 247.236, and 302 KAR 16:010 through 302 KAR 16:140.

Section 3. A violation issued for operation of an amusement ride or amusement attraction without a valid permit shall be considered a violation that is not immediately correctable.

Section 4. A safety inspector may order closed a unit or section of a ride that fails to comply with safety or operational guidelines, if closure of that section of the ride does not affect the remaining units or sections of the ride, by placing upon that unit or section of the ride a section stop order. The owner shall notify the department when the unit or section of the ride has been repaired to provide the department with information in support of a section stop order removal.

History

RELATES TO: KRS 247.232, 247.234, 247.236
STATUTORY AUTHORITY: KRS 247.234, 247.236
NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.234 authorizes the Department of Agriculture to provide for inspections for amusement rides or attractions. This administrative regulation establishes procedures to determine violations which cannot be immediately corrected.
History: 15 Ky.R. 2125; eff. 5-11-1989; Am. 22 Ky.R. 101; 715; eff. 9-28-1995; 1334; eff. 2-20-1996; 23 Ky.R. 462; 1927; eff. 10-24-1996; 25 Ky.R. 400; eff. 10-22-1998; 31 Ky.R. 610; 1053; eff. 1-4-2005; 32 Ky.R. 1460; 1904; eff. 6-2-2006; 35 Ky.R. 2133; 2421; eff. 6-5-2009; Crt eff. 2-18-2020; 50 Ky.R. 154, 821; eff. 10-19-2023.

302 KAR 16:040 Correction of safety violations and right to re-inspection {#sec-302-kar-16-040 omnilex-key=us-ky-regs-official--title-302--302 KAR 16:040}

Section 1. If a department safety inspector finds an amusement ride or attraction does not comply with KRS 247.232 to 247.236, 302 KAR 16:010 through 302 KAR 16:140, or manufacturer standard, the inspector shall issue a stop operation order prohibiting the operation of the amusement ride or attraction, or any part thereof, found to be in violation.

(1) The stop operation order shall be removed from the amusement ride, amusement attraction, or structure only if the violation has been corrected and then only by a department safety inspector.

(2) A stop operation order shall not be issued for any violation found to be correctable as established in 302 KAR 16:030.

(3) Any amusement ride that that requires a re-inspection shall be subject to the applicable fee established in 302 KAR 16:020.

Section 2. If a safety inspector determines an amusement ride or attraction present an imminent danger, the inspector shall issue and attach a stop operation order against the use of the amusement ride or attraction. The order shall not be removed until the device is made safe, and then only by a safety inspector.

History

RELATES TO: KRS 247.232, 247.234, 247.236
STATUTORY AUTHORITY: KRS 247.234, 247.236
NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.234 authorizes the Commissioner of the Department of Agriculture to promulgate administrative regulations for safety inspections for amusement rides or attractions. This administrative regulation establishes procedures for the correction of safety violations by amusement rides or attractions.
History: 11 Ky.R. 401; eff. 9-11-1984; 14 Ky.R. 234; eff. 9-10-1987; 29 Ky.R. 2337; 2665; eff. 5-15-2003; 35 Ky.R. 2134; 2422; eff. 6-5-2009; Crt eff. 1-24-2019; 45 Ky.R. 3504; 46 Ky.R. 431; eff. 8-22-2019; Crt eff. 2-2-2026.

302 KAR 16:072 Notification of occurrence involving an amusement ride or attraction {#sec-302-kar-16-072 omnilex-key=us-ky-regs-official--title-302--302 KAR 16:072}

Section 1. Definition. "Damage" means structural, mechanical, or electrical failure of an amusement ride or attraction.

Section 2. Method of Notification and Information Required.

(1) Within twelve (12) hours of an occurrence described in KRS 247.233(1), the owner of an amusement ride or attraction involved in the occurrence shall notify the department by e-mail at agr.rides@ky.gov or via the portal at https://www.kyagr-apps.com/AgExternal/Security/Account/Login.

(2) The notification shall contain the following information:

(a) The date and time of the incident or accident;

(b) The location of the incident or accident;

(d) The name, address, and telephone number of the owner or company for the amusement ride or attraction involved;

(e) The name, address, and telephone number of each operator of the amusement ride or attraction involved;

(f) The name, permit number, serial number, and manufacturer of the amusement ride or attraction involved;

(g) The name, address, telephone number, and age of the injured person, if known;

(h) The nature and extent of the injury, if known;

(i) A statement by the owner of whether the injury was caused by the amusement ride or attraction;

(j) The name and location of the facility or person providing medical treatment other than first aid; and

(k) The name, address, and telephone number of the person submitting the notification.

History

RELATES TO: KRS 247.233
STATUTORY AUTHORITY: KRS 247.233
NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.233 requires amusement ride and attraction owners to notify the department following an accident or specified incident and requires the department to conduct mandatory investigations of amusement ride and attraction accidents and incidents. This administrative regulation establishes requirements for the owner to notify the department of an occurrence involving an amusement ride or attraction.
History: 50 Ky.R. 236, 822; eff. 10-19-2023.

302 KAR 16:091 Rides and attractions not included in the definition of amusement ride or attraction {#sec-302-kar-16-091 omnilex-key=us-ky-regs-official--title-302--302 KAR 16:091}

Section 1. Amusement ride or attraction shall not include:

(1) Dinner trains;

(2) Any amusement ride or attraction utilizing animals;

(3) Structures holding slides less than fifteen (15) feet above the ground at the base of the slide;

(4) Items, devices, and contrivances used for educational purposes as part of a structured class or program, including team building and challenge courses;

(5) All terrain vehicles, paddleboats, canoes, or rafts;

(6) Haunted houses;

(7) Hay rides;

(8) Corn Mazes or any other noninflatable obstacle course;

(9) Mechanical bulls;

(10) Ski lifts, aerial lifts, or aerial tramways;

(11) Bicycles or bicycle courses;

(12) Children's toys;

(13) Watercraft other than bumper boats;

(14) Swamp buggies;

(15) Ice skating facilities;

(16) Roller skating facilities;

(17) Base jumping equipment;

(18) Paintball equipment or courses;

(19) Lazy rivers;

(20) Wave pools;

(21) Trampolines not requiring an assistive device;

(22) Self or manual belayed rappelling equipment and facilities;

(23) Privately owned, not open to the public, facilities;

(24) Mobile and permanent ziplines;

(25) Rope courses;

(26) Tree swings;

(27) Platform swings;

(28) Canopy tours;

(29) Tree platforms;

(30) Balloons;

(31) Pools and pool items;

(32) Swinging bridges;

(33) Obstacle courses;

(34) Climbing walls;

(35) Bungees;

(36) Euro or turbo bungees;

(37) Trackless trains;

(38) Laser tag;

(39) Nerf or similar foam projectile events;

(40) Race car driving experience;

(41) Bubble suits;

(42) Axe throwing or similar events;

(43) Ninja courses;

(44) Inflatable devices intended for water use; and

(45) Bungee ejection seats.

History

RELATES TO: KRS 247.232
STATUTORY AUTHORITY: KRS 247.232
NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.232(1)(b) authorizes the Commissioner of the Department of Agriculture to promulgate administrative regulations to designate other rides and attractions that are not included in the definition of "amusement ride or attraction". This administrative regulation establishes the list of rides or attractions not specifically referenced in the statute that are not included in the definition.
History: 35 Ky.R. 2181; 2427; eff. 6-5-2009; 39 Ky.R. 94; eff. 9-14-2012; 44 Ky.R. 2267, 2493; eff. 7-6-2018; 45 Ky.R. 3507; eff. 8-22-2019; Crt eff. 2-2-2026.

302 KAR 16:101 Operate amusement ride or device defined {#sec-302-kar-16-101 omnilex-key=us-ky-regs-official--title-302--302 KAR 16:101}

Section 1. The act of "operating an amusement ride or attraction" shall mean the supervision and observation of the amusement ride or attraction while in operation and the normal starting and stopping of the amusement ride or attraction.

History

RELATES TO: KRS 247.232
STATUTORY AUTHORITY: KRS 247.232
NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.232 defines "operator". This administrative regulation establishes the definition of "operate".
History: 35 Ky.R. 2183; 2428; eff. 6-5-2009; Crt eff. 1-24-2019; 45 Ky.R. 3509; eff. 8-22-2019; Crt eff. 2-2-2026.

302 KAR 16:111 Violations, civil penalties, revocations, and suspensions of permits for amusement rides or attractions {#sec-302-kar-16-111 omnilex-key=us-ky-regs-official--title-302--302 KAR 16:111}

Section 1.

(1) The following violations of KRS 247.232 through 247.236 and 302 KAR Chapter 16 shall result in the assessment of civil penalty of not less than $1,000 and not more than $10,000:

(a) Operating without a current permit;

(b) Operating without current insurance in the required coverage amount;

(d) Operating a ride or attraction while the operator is not present;

(e) Using blocking in foot switch breaker;

(f) Using improper material for electrical fuse;

(g) Moving equipment after a reportable incident or tampering with evidence;

(h) Operating a ride or attraction at an unsafe distance too close to high voltage;

(i) Positioning a ride or attraction underneath utility lines;

(j) Operating a ride or attraction while the operator is impaired;

(k) Grounding the generator incorrectly;

(l) Failing to maintain the ride or attraction in good mechanical condition;

(m) Failing to repair ride or attraction according to manufacturer specifications or recommendations;

(n) Failing to properly shield power units; and

(o) Failing to use appropriate replacement parts.

(2) The following violations of KRS 247.232 through 247.236 and 302 KAR Chapter 16 shall result in the assessment of a civil penalty of not less than $100 and not more than $5,000:

(a) Failing to follow manufacturer safety guidelines and manufacturer specifications;

(b) Failing to notify the department of an incident requiring a report within twelve (12) hours;

(d) Admitting an intoxicated patron on an amusement ride or attraction;

(e) Admitting a patron with inappropriate footwear; and

(f) Failing to completely fill out incident report form.

(3) The following violations of KRS 247.232 through 247.236 and 302 KAR Chapter 16 shall be result in the assessment of a civil penalty of not less than $100 and not more than $1,000:

(a) Failing to have operational manuals on site;

(b) Failing to have maintenance manuals on site;

(d) Fueling ride or attraction in an undesignated area;

(e) Exceeding manufacturer's speed of ride or attraction;

(f) Failing to properly secure the ride or attraction;

(g) Failing to have electrical disconnect within six (6) feet of operator;

(h) Operating a ride or attraction by an operator under sixteen (16) years of age;

(i) Failing to use correct START/STOP switch;

(j) Operating the ride or attraction in inclement weather;

(k) Failing to comply with proper operating procedures noted during inspection;

(l) Failing to properly anchor inflatable device;

(m) Failing to perform or document pre-operation inspections;

(n) Operating without an itinerary; and

(o) Operating without the required number of operators as required by manufacturer.

(4) The following acts shall be violations of KRS 247.232 through 247.236 and 302 KAR Chapter 16. Violators of these requirements shall be assessed a civil penalty of not less than $100 and not more than $500:

(a) Failing to have Ground Fault Circuit Interrupter (GFCI) protection if required;

(b) Failing to properly place fencing barrier;

(d) Failing to have first aid kit on location; and

(e) Failing to have inspection sticker in appropriate location.

(5) Failure to have required ride or attraction signage or use of incorrect signage shall be a violation of KRS 247.232 through 247.236 and 302 KAR Chapter 16. Violators of these requirements shall be assessed a civil penalty of not less than $100 and not more than $200.

Section 2.

(1) Persons who commit the same violation within thirty (30) days of being cited for the first violation shall be assessed up to double the civil penalty accessed in Section 1 of this administrative regulation, not to exceed $10,000.

(2) Persons who commit a third same violation within sixty (60) days of being cited for the first violation shall be assessed up to triple the civil penalty accessed in Section 1 of this administrative regulation, not to exceed $10,000.

(3) This section shall not prohibit the commissioner from suspending or revoking a license, permit, registration, or certification at any time pursuant to KRS 247.233.

Section 3. Permit Suspension or Revocation.

(1) The business owner shall have ten (10) days upon the receipt of the notification of a proposed suspension, revocation, or modification of a permit to request a hearing. The hearing shall be conducted in accordance with KRS Chapter 13B.

(2) If a hearing is not requested, the department may suspend, revoke, or modify the permit once the ten (10) day hearing request filing period has passed.

(3)

(a) The department may suspend a permit and may place stop operation orders on all rides or attractions belonging to the owner for a period of time that shall not exceed seven (7) days, pending inquiry.

(b) After opportunity for a hearing, the department may deny, suspend, revoke, or modify the provision of any permit issued under KRS 247.234 if the department finds that the owner or his employee has committed any of the following acts, each of which is declared to be a violation of KRS 247.232 through 247.236:

Making a false or fraudulent statement to inspectors;
Knowingly violating any provision of KRS 247.232 through 247.236 or 302 KAR Chapter 16; or
Failing to pay an administrative penalty or fee assessed by this chapter.

(4) Any owner whose permit is revoked under the provisions of this section shall not be eligible to apply for a new permit until the time has elapsed from the date of the order revoking the permit as established by the department, not to exceed two (2) years, or if an appeal is taken from the order or revocation, not to exceed two (2) years from the date of the order or final judgment sustaining the revocation.

History

RELATES TO: KRS 247.233
STATUTORY AUTHORITY: KRS 247.233
NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.233 requires the department to promulgate administrative regulations establishing a comprehensive list of violations and civil penalties not to exceed $10,000 and the procedure for suspension and revocation of a permit. This administrative regulation establishes requirements for violations, civil penalties, revocations, and suspensions of permits for amusement rides or attractions.
History: 35 Ky.R. 2180; 2429; eff. 6-5-2009; Crt eff. 1-24-2019; 45 Ky.R. 3510; 46 Ky.R. 432; eff. 8-22-2019; 50 Ky.R. 156; eff. 10-19-2023.

302 KAR 16:121 Inflatable amusement rides or attractions {#sec-302-kar-16-121 omnilex-key=us-ky-regs-official--title-302--302 KAR 16:121}

Section 1. Inflatable rides and attractions shall not require an operator, unless required by the manual.

Section 2. Only inflatable devices manufactured specifically for commercial use shall be used for commercial or rental purposes.

Section 3. Inflatable devices shall be anchored to the ground as required in its manual. In absence of instructions in the manual, inflatable devices shall be anchored to the ground with rods or pins with at least one half (1/2) inch diameter, at a minimum depth of eighteen (18) inches, and at a forty-five (45) degree angle to the ground. If pins or rods are impracticable, seventy-five (75) pounds of sandbags shall to be used at each anchor point.

Section 4. Safety signage shall be required if not printed by the manufacturer on the inflatable. If the following information is not printed on an inflatable, the owner shall provide a sign to display near the entrance of the inflatable while it is in operation the following information, in its entirety:

(1) Remove shoes, eyeglasses, and sharp objects before entering;

(2) No flips;

(3) No piling on or wrestling;

(4) Do not bounce closer than five (5) feet from another person;

(5) Do not bounce against the sides or near the doorway; and

(6) Patron warnings as required by KRS 247.2353.

Section 5. All inflatable devices shall use ground fault circuit interrupters for electrical components, if any.

History

RELATES TO: KRS 247.236(1)
STATUTORY AUTHORITY: KRS 247.236
NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.236(1) requires the department of Agriculture to promulgate administrative regulations establishing safety requirements in the absence of factory specification. This administrative regulation establishes requirements for operation of inflatable rides or attractions if manufacturer specifications are not available.
History: 35 Ky.R. 2184; 2430; eff. 6-5-2009; Crt eff. 1-24-2019; 45 Ky.R. 3511; 46 Ky.R. 433; eff. 8-22-2019; Crt eff. 2-2-2026.

302 KAR 16:131 Maintenance and repair of amusement rides or attractions {#sec-302-kar-16-131 omnilex-key=us-ky-regs-official--title-302--302 KAR 16:131}

Section 1. All amusement rides and attractions shall be maintained in good electrical condition as established in KRS 247.2351(1)(b) and good mechanical condition. The owner of an amusement ride or attraction shall follow the manufacturer's guidelines and recommendations for all maintenance procedures.

Section 2. Replacement Parts.

(1) Amusement rides and attractions shall use manufacturer replacement parts, or re-placement parts approved by the manufacturer, if available.

(2) If an amusement ride or attraction manufacturer is no longer in business or the manufacturer's parts are no longer available, replacement parts shall meet the manufacturers original equipment specifications. If original ride manufacturer's specifications are not available, the owner shall be deemed the manufacturer for purposes of these requirements.

(3) If an amusement ride or attraction is unique or handmade, the owner shall be deemed the manufacturer for purposes of these requirements.

History

RELATES TO: KRS 247.2351
STATUTORY AUTHORITY: KRS 247.2351
NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.2351 requires the Department of Agriculture to promulgate administrative regulations establishing replacement part requirements for amusement rides and attractions. This administrative regulation establishes requirements pertaining to replacement parts for amusement rides or attractions.
History: 35 Ky.R. 2185; 2430; eff. 6-5-2009; Crt eff. 1-24-2019; 45 Ky.R. 3513; 46 Ky.R. 433; eff. 8-22-2019; Cert eff. 2-2-2026.

302 KAR 16:150 Qualification and registration of persons designated to perform amusement safety inspections {#sec-302-kar-16-150 omnilex-key=us-ky-regs-official--title-302--302 KAR 16:150}

Section 1. Education or experience requirements for persons designated as amusement safety inspectors.

(1) Persons employed by the department shall possess the following education or experience to be designated as amusement safety inspectors:

(a) NAARSO Certificate Level I;

(b) AIMS International Level I Certification, Associate Ride Inspector; or

(c) No education or experience, if the department employee is in training or the inspection performed is supervised by a department employee holding a level of education or experience established in paragraphs (a) or (b) of this subsection.

(2) Persons working under a contract with the department to provide amusement inspection services to the department shall possess the following education or experience to be designated as amusement safety inspectors:

(a) NAARSO Certificate Level I; or

(b) AIMS International Level I Certification, Associate Ride Inspector.

(3) Regardless of their level of education or experience, persons other than those employed by the department or providing amusement inspection services to the department under contract shall not be designated by the department as amusement safety inspectors for any purpose established in KRS 247.232 through 247.236 and any requirement of 302 KAR Chapter 16.

Section 2. Any person who is designated as an amusement safety inspector, not employed by the KDA, shall register with the department and pay an annual registration fee. Persons designated as amusement safety inspectors shall:

(1) Provide proof of education and experience required to be designated as an amusement safety inspector;

(2) Provide proof of current insurance coverage during the designation period, including:

(a) Current and general liability coverage in an amount of not less than $1,000,000 per occurrence and $2,000,000 general aggregate; and

(b) Current professional liability coverage, including errors and omissions, in an amount of not less than $1,000,000;

(3) Pay a registration fee of $100; and

(4) Submit to the department, a completed Amusement Safety Inspector Registration Form.

Section 3. Incorporation by Reference.

(1) The following material is incorporated by reference: "Amusement Safety Inspector Registration Form", February, 2024.

(3) This material may also be obtained at www.kyagr.com.

History

RELATES TO: KRS 247.234
STATUTORY AUTHORITY: KRS 247.234(3)(e)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.234 (3)(e) requires the Department of Agriculture to promulgate administrative regulations for designating persons qualified by education or experience, who are capable of determining amusement safety in accordance with administrative regulations promulgated under KRS 247.232 through 247.236, as amusement safety inspectors. KRS 247.234(3)(e) also requires the Department of Agriculture to establish an annual registration fee for persons designated as amusement safety inspectors. This administrative regulation establishes requirements for amusement safety inspectors.
History: 50 Ky.R. 1440, 1889; eff. 3-13-2024.

Chapter 17 Aerial Recreational Devices

302 KAR 17:010 Requirements for operating and inspecting aerial recreational devices and facilities {#sec-302-kar-17-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 17:010}

Section 1. Definitions.

(1) "Aerial recreational device" is defined by KRS 247.238(1)(b).

(2) "Aerial recreational facility" is defined by KRS 247.238(1)(c).

(3) "Certificate of Inspection" means the Certificate of Inspection Form incorporated by reference in Section 15 of this administrative regulation that is signed by a qualified inspector certifying that an aerial recreation device is correctly installed.

(4) "Department" means the Kentucky Department of Agriculture.

(5) "Engineer" means a person meeting the requirements for licensure as a Professional Engineer in KRS 322.040, regardless of whether the person is licensed by the Kentucky Board of Engineers and Land Surveyors.

(6) "Equipment malfunction" means a malfunction that affects the future use of the aerial recreational device.

(7) "First aid" means the treatment of injuries that do not ordinarily require medical treatment by a physician or other medical professional, including without limitation scratches, cuts not requiring stitches, superficial burns, splinters, and bruises.

(8) "Major modification" means a change in the structural or operational characteristics of an aerial recreational device that will alter its weight-bearing capacity or alter its performance.

(9) "Operator" means a person who owns, operates, or is deemed by the department to be responsible for an aerial recreational device or facility.

(10) "Qualified inspector" means a person meeting the requirements in Section 10 of this administrative regulation.

(11) "Serious injury" means an injury requiring medical treatment other than first aid from a physician or other medical professional, regardless of whether or not the injury requires hospitalization.

(12) "Zip line" means a type of aerial recreational device consisting of a cable stretched between two (2) or more points, a pulley, and a harness for securing a patron who moves by gravity.

Section 2. Licensure and Insurance Coverage Required for any Person Operating an Aerial Recreational Device or Facility for Any Commercial or Educational Purpose.

(1) A person shall not operate an aerial recreational device or facility for any commercial or educational purpose in the Commonwealth without holding a license issued by the department.

(2) A person shall not operate an aerial recreational device or facility in the Commonwealth without having an insurance policy in place that:

(a) Was written by an insurance company or surplus lines insurer authorized to do business in Kentucky;

(b) Includes general liability coverage in an amount of not less than $1,000,000 per occurrence and $2,000,000 general aggregate;

(c) Insures the operator against liability for injury to persons arising out of the use of the aerial recreational device or facility; and

(d) Includes an express provision stating that the insurer shall not cancel the policy without providing thirty (30) days advance written notice to the department.

(3) Any aerial recreation device that meets the following criteria is not subject to this administrative regulation:

(a) The device is not operated for a commercial purpose; and

(b) The device is not operated for an educational purpose.

Section 3. Application for Licensure as an Operator.

(1) Application Contents. An Aerial Recreational Device or Facility License Application Form shall be submitted annually and shall include the following:

(a) The applicant's name, residential address, telephone number, and email address;

(b) The name of the designer, and the serial number, for each aerial recreational device within the applicant's facility;

(c) A list of the anticipated locations and dates of operation of the aerial recreational device or facility within Kentucky for the upcoming permit year;

(d) The name of the liability insurance carrier and the insurance policy number, with reference to the specific policy page number where the thirty (30) day notice provision required by Section 2(2)(d) of this administrative regulation appears;

(e) A Certificate of Inspection, signed by a qualified inspector, certifying that each device was inspected and found to be installed in a correct manner and safe for use on a date not more than 365 days prior to the date of the application's submission;

(f) A certificate of liability insurance meeting the requirements set forth in Section 2(2) of this administrative regulation;

(g) A copy of the engineer-approved design plans for each device; except that the plans shall not be required for a device for which the operator submits to the department a signed affidavit attesting that:

The device was installed prior to July 15, 2016;
The device has not been subject to any major modifications since July 15, 2016; and
The device has been in use since July 15, 2016;

(h) A copy of the Risk Management Program required in Section 4(1)(e) of this administrative regulation; and

(i) Written authorization for the applicant's qualified inspector to communicate with and respond to any inquiry from a representative of the department, including an inquiry that calls for the production of documents pertaining to the applicant's devices.

(2) Application Review. Upon receipt of an application and the fees required by subsection (4) of this section, the department shall review the application. Upon determining that the requirements in subsection (1) of this section have been met, the department shall approve the application, register the aerial recreational device or facility, and issue an operator license.

(3) Operator licenses issued by the department shall:

(a) Expire annually on December 31, regardless of date of application;

(b) Be specifically assigned to individual devices and facilities; and

(4) Fees.

(a) Except as provided by paragraph (b) of this subsection:

The annual operator license fee shall be $100; and
The annual device license fee shall be $100 per aerial recreation device.

(b) Application fees charged in connection with the licensure of any facility shall not exceed $2,000 annually in the aggregate.

(5) Incomplete Applications. Upon receipt of an incomplete application or an application without the correct fee, the department shall notify the applicant of the need for additional information or payment. The department shall consider the application abandoned if the department does not receive the required information or payment within thirty (30) days after notification of the deficiency. The thirty (30) day period shall begin on the date the notification is issued by the department.

(6) The department shall deny any application for licensure submitted by a person or entity that has refused to comply with an order from the department within five (5) years of the date of application.

(7) The department may permit an operator to supplement the list of locations and dates the operator submitted in response to subsection (1)(c) of this section if the operator provides supplemental locations and dates to the department not later than three (3) business days in advance of the planned use.

Section 4. Written Programs Required for Operations, Maintenance, Inspection, Training, and Risk Management.

(1) Prior to applying for licensure, an operator shall implement the following written programs:

(a) An operations program that includes, at a minimum, the components set forth in Section 5.5 of ASTM F2959-16 ("Standard Practice for Aerial Adventure Courses");

(b) A maintenance program that includes, at a minimum, the components set forth in Section 5.6 of ASTM F2959-16 ("Standard Practice for Aerial Adventure Courses");

(c) An inspection program that includes, at a minimum, the components set forth in Section 5.7 of ASTM F2959-16 ("Standard Practice for Aerial Adventure Courses");

(d) A training program that includes, at a minimum, the components set forth in Section 5.8 of ASTM F2959-16 ("Standard Practice for Aerial Adventure Courses"); and

(e) A risk management program that shall include, at a minimum, the following components:

Medical emergency plan;
Technical rescue plan;
Fatality response plan;
Plan for contacting 911/Emergency Services when cellular signals are not available;
Evacuation plan; and
Severe weather preparedness plan.

(2) An operator shall make the written programs required by subsection (1) of this section available for inspection and review by any employee, representative of the department, or representative of a law enforcement agency who requests to inspect it.

Section 5. Annual Inspection, Certificate of Inspection, and Additional Inspection Ordered by the Department.

(1) Annual Inspections. An annual inspection shall be conducted on each aerial recreational device by a qualified inspector.

(a) The inspection shall include, at a minimum, the following components:

Verification that the device is in a full operational status;
Review of the written Operations Program, Maintenance Program, Inspection Program, Training Program, and Risk Management Programs required by Section 4(1) of this administrative regulation; and
Review of records from the operator's daily pre-opening inspections required by Section 6(1) of this administrative regulation.

(b) Following completion of the inspection of each aerial recreational device, the qualified inspector shall determine whether the device is installed correctly according to the engineer-approved design plans if required in Section 3(1)(g) of this administrative regulation. A mobile device does not require a separate inspection at each location of operation.

(2) A qualified inspector shall sign a Certificate of Inspection to certify his or her determination that the requirements in subsection (1) of this section are met.

(3) The Certificate of Inspection shall include, at a minimum, the following information:

(a) The qualified inspector's name and contact information;

(b) A declaration of relevant professional credentials or certifications held by the qualified inspector;

(d) The name of each device's manufacturer, if known;

(e) The name of the engineer who approved the device's design plan;

(f) The product name and serial number for each device;

(g) The date of inspection; and

(h) A statement that the device was installed correctly according to the engineer-approved design plans required by Section 3(1)(g) of this administrative regulation.

(4) If a device does not have an existing serial number, as required by Section 3(1)(b) of this administrative regulation, then the qualified inspector shall assign one for identification purposes.

(5) Additional inspections ordered by the department:

(a) The department may order the operator to obtain a new Certificate of Inspection from a qualified inspector for any device with or without advance notice.

(b) Upon receipt of the order, the operator shall immediately halt patron use of the device until the operator receives permission from the department to resume patron use.

(d) An additional inspection shall not extend the operator's period of licensure.

Section 6. Requirement for Daily Pre-opening Inspections and Operation in Accordance with Most Recent Manufacturer Recommendations.

(1) Daily Pre-opening Inspections. The operator shall perform and record a daily inspection of each aerial recreational device prior to opening the device for use by a patron.

(a) The daily pre-opening inspection shall include, at a minimum, the components set forth in Section 5.7.2 of ASTM F2959-16 ("Standard Practice for Aerial Adventure Courses").

(b) A daily pre-opening inspection is not required for days when a device will have no patrons using it.

(2) The operator shall operate each device or facility in accordance with the most recent manufacturer recommendations.

Section 7. Additional Employee Training Requirements for Zip Lines. An operator of a zip line shall ensure that each employee operating a zip line receives appropriate training to:

(1) Be proficient in the setup, operation, and ongoing monitoring requirements of the braking system in effect when operating the zip line;

(2) Ensure that the departure of a patron from the dispatch zone is performed in a controlled manner and only if the zip line is clear of other persons;

(3) Ensure that the deceleration and arrest of a patron arriving at the landing zone is performed in a controlled manner; and

(4) Ensure that padding used as a protective element in the landing zone is not used in lieu of a brake component.

Section 8. Records.

(1) Every operator shall maintain written records relating to the construction, repair, and maintenance of each aerial recreation device. Records shall include at a minimum inspection, maintenance, and operator training activities.

(2) Records shall be provided to the department within one (1) hour of request.

(3) Records shall be maintained for at least three (3) years.

Section 9. Deaths, Serious Injuries, and Equipment Malfunctions.

(1) Any death, serious injury, or equipment malfunction that arises from the use of an aerial recreation device or facility shall be reported to the department promptly and within twelve (12) hours following notice of the death, serious injury, or malfunction.

(2) Following a death, serious injury, or equipment malfunction, the device or facility shall be subject to a stop order issued by the department. The operator shall immediately close and secure the device or facility until a qualified inspector has completed a new Certificate of Inspection of the device or facility. Any stop order shall remain in effect until lifted by the department.

(3) Following a death, serious injury, or equipment malfunction, the operator shall submit a written report to the department within forty-eight (48) hours. The written report shall contain the following information:

(a) The date and time of the incident;

(b) The location of the incident;

(d) The name, address, and phone number of the operator;

(e) The name and address of each employee involved in the incident or accident;

(f) The name, serial number, and manufacturer of the aerial recreational device;

(g) The name, address, phone number, gender, and age of the injured person;

(h) The nature and extent of the injury;

(i) The name and location of the treating facility, physician, or other qualified medical professional;

(j) The address, telephone number, and printed and signed name of the person completing the report;

(k) The date and time the report was completed; and

(l) The cause of the incident, if known.

(4) A person shall not alter the incident scene or any element or structure without written permission from the department, except as necessary to prevent injury, remove injured persons, or permit the movement of emergency vehicles.

(5) Following a death, serious injury, or equipment malfunction, the department may conduct an investigation. If investigated, the report of the investigation shall be placed on file in the department and document in detail the facts and information available. The owner may submit results of any other investigations for inclusion in the file.

Section 10. Who can be a Qualified Inspector.

(1) A person seeking to register shall complete and submit a qualified inspector Registration Form with an annual registration fee of $100.

(2) A person shall not be a qualified inspector unless he or she can demonstrate a current certification or licensure as a Third-Party Inspector or Professional Inspector by one of the following entities:

(a) Association for Challenge Course Technology (ACCT);

(b) Professional Ropes Course Association (PRCA);

(d) The Kentucky Board of Engineers & Land Surveyors.

(3) A person shall not be a qualified inspector unless he or she has in effect a valid insurance policy written for his or her inspection and certification activities that was issued by an insurance company or surplus lines insurer authorized to do business in Kentucky; for:

(a) General liability coverage in an amount of not less than $1,000,000 per occurrence and $2,000,000 general aggregate; and

(b) Professional liability coverage, including errors and omissions, in an amount of not less than $1,000,000.

(4) The qualified inspector's policies required by subsection (3) of this section shall be distinct from the operator's policy required by in Section 2(2) of this administrative regulation.

(5) The department shall maintain and publish on its website a current list of individuals who are registered as qualified inspectors.

Section 11. Violations and Civil Penalties.

(1) The department may issue a stop order for any device or facility if any provision of KRS 247.238 or this administrative regulation is violated, or as necessary to protect patrons or members of the public.

(2) Pursuant to KRS 247.238(5), the department may assess civil penalties consistent with the following schedule:

(a) Violation of Section 2 of this administrative regulation shall result in a civil penalty of up to $10,000 per occurrence;

(b) Violation of Section 6 of this administrative regulation shall result in a civil penalty of up to $5,000 per occurrence;

(c) Violation of Section 8 of this administrative regulation shall result in a civil penalty of up to $5,000 per occurrence;

(d) Violation of Section 9 of this administrative regulation shall result in a civil penalty of up to $10,000 per occurrence; and

(e) Failure to comply with an order from the department shall result in a civil penalty of up to $10,000.

(3) The civil penalties permitted in this administrative regulation shall not be construed to preclude the imposition of criminal liability or to preclude any person's assertion of a civil cause of action.

Section 12. Appeals from Notices of Violations and Civil Penalties.

(1) The operator shall have ten (10) days upon the receipt of the notification of violation to request a hearing within the department.

(2) Appeals hearings shall be conducted in accordance with KRS Chapter 13B.

Section 13. Types of Devices Excluded from the Definition of Aerial Recreational Device. Pursuant to KRS 247.238(1)(b)(3), the following devices are excluded from the definition of aerial recreational device:

(1) A device meeting the criteria for a "walk through" as defined in 302 KAR 16:020, Section 1(10);

(2) A device that does not require a patron's feet to be more than twelve (12) feet off the ground at any time; and

(3) A device meeting the criteria in Section 2(3) of this administrative regulation.

Section 14. Compliance Date. Beginning July 1, 2018, aerial recreational devices and facilities shall be operated and inspected as required by this administrative regulation.

Section 15. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Aerial Recreational Device or Facility License Application Form", 2017;

(b) "ASTM F2959-16, Standard Practice for Aerial Adventure Courses", 2016;

(d) "Qualified Inspector Registration Form", 2017.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Division of Regulation and Inspection, 107 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. These materials may also be obtained at www.kyagr.com.

History

RELATES TO: KRS Chapter 247
STATUTORY AUTHORITY: KRS 247.238
NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.238 requires the Department of Agriculture to establish requirements and standards for the operation and regulation of aerial recreational devices and facilities. This administrative regulation establishes requirements and standards for the operation and inspection of aerial recreational devices and facilities.
History: 44 Ky.R. 845, 1229; eff. 12-7-2017; Cert eff. 1-22-2024.

Chapter 20 Livestock Sanitation

302 KAR 20:010 Definitions for 302 KAR Chapter 20 {#sec-302-kar-20-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 20:010}

Section 1. Definitions.

(1) "Accredited veterinarian" means a veterinarian accredited in accordance with the provisions of 9 C.F.R. 161.1 to 161.4.

(2) "Animal" means any species of livestock, poultry, menagerie animals, exotic animals, feral, wild, or captive animals, pet birds, canine, feline, or ferret.

(3) "Animal identification number" or "AIN" means a unique, individual identification number that is:

(a) Issued by a state or a federal agency or by a provider approved by a state or federal agency; and

(b) Registered to the person or premises responsible for the animal.

(4) "Approved Kentucky horse sale" means a regularly-scheduled public equine sale that does not require certification of EIA testing and preconsignment and that meets the requirements of 302 KAR 20:261.

(5) "Area veterinarian in charge" means the federal veterinarian in charge of the Animal and Plant Health Inspection Service, Veterinary Services, United States Department of Agriculture.

(6) "Board" is defined by KRS 257.010(1).

(7) "Captive wild" means an animal that:

(a) Has a phenotype not significantly affected by human selection; and

(b) Lives under supervision or control of humans.

(8) "Certificate of Veterinary Inspection" or "CVI" means an official document approved by the chief animal health official of the state of origin or by USDA APHIS VS for verification of veterinary inspection that is issued by a licensed and accredited veterinarian.

(9) "Certificate of Veterinary Inspection Reconsignment Form" means an official form approved by the state veterinarian of the state of origin that is attached to a valid CVI for the movement of animals from a sale to the buyer's premises.

(10) "Chief livestock health official" means State Veterinarian, Department of Agriculture, or his authorized representative.

(11) "Circus animal" means a trained animal used in an entertainment show.

(12) "Commingled" means animals from one (1) premises that are mixed or assembled with animals from any other premises.

(13) "Commissioner" is defined by KRS 257.010(2).

(14) "Communicable disease" is defined by KRS 257.010(3).

(15) "Concentration point" or "assembly point" means any place where livestock or poultry are assembled or commingled together by any person using any method or vehicle for sale, resale, or barter.

(16) "Cull pig" means a pig that does not pass a veterinary inspection for health.

(17) "Department" is defined by KRS 246.010(3).

(18) "EID" means a device electronically encoded with a unique identification and meeting the applicable International Standards Organization (ISO) standards.

(19) "Equine Infectious Anemia test certificate" or "EIA test certificate" means a federal or state-approved form for recording the identification of the animal, the test results, and the testing laboratory.

(20) "Equine Interstate Event Permit" means an official document issued by a State Veterinarian, Chief Animal Health Official, or an authorized representative of a state participating in a mutual agreement with Kentucky that meets specific requirements for CVI information and EIA testing.

(21) "Exhibition" means a fair, show, exposition, rodeo, competition, or trail ride.

(22) "Exotic" means any animal or disease that is not known to exist naturally in Kentucky.

(23) "Feral" means an animal that:

(a) Was previously domestic; and

(b) Now lives without supervision, control by, or dependence on humans.

(24) "Garbage" means all animal and vegetable waste resulting from the handling, preparation, consuming, and cooking of food; unconsumed food in all public and private establishments and residences; and the offal and carcasses of dead animals, poultry, and fish or parts thereof.

(25) "Graded" means grouping of animals for sale purposes.

(26) "Group or lot identification number" means a unique identifier number for a group or lot of animals moved through the production chain as a group.

(27) "Interstate" means movement into or through any other state.

(28) "Intrastate" means movement solely within the boundaries of the Commonwealth of Kentucky.

(29) "Licensed veterinarian" means a graduate veterinarian approved by a state licensing board.

(30) "Livestock" is defined by KRS 246.010(8) and 257.010(8).

(31) "Menagerie animal" means a domestic or nondomestic animal kept individually or as part of a collection primarily for purposes of exhibition or competition.

(32) "Movement" means the act of moving, shipping, transporting, delivering, receiving, or collecting animals by any means, method, or vehicle by any person for any purpose.

(33) "National poultry improvement plan" or "NPIP" is defined by KRS 257.010(10).

(34) "Office of State Veterinarian" or "OSV" means that section of the Kentucky Department of Agriculture that implements the provisions of 302 KAR Chapter 20.

(35) "Official calfhood vaccinate" means a female bovine vaccinated with an approved Brucella vaccine as specified in the vaccination protocol set forth by 9 C.F.R. Part 78.

(36) "Owner" is defined by KRS 257.010(11).

(37) "Person" means any individual, firm, association, partnership, or corporation.

(38) "Pet bird" means any member of avian species other than poultry that is kept in confinement.

(39) "Poultry" is defined by KRS 257.010(12).

(40) "Premises" is defined by KRS 257.010(13).

(41) "Premises Identification Number" or "PIN" means a unique identifier issued by the USDA APHIS VS or by a state animal health agency that identifies a location where livestock or poultry are held or commingled.

(42) "Psittacine" means of or belonging to the family Psittacidae, which includes parrots, macaws, and parakeets.

(43) "Recognized slaughtering center" means a slaughtering establishment approved in accordance with 21 U.S.C. 601-695 and 9 C.F.R. Part 77 where slaughtering facilities are provided and to which animals are regularly shipped and slaughtered.

(44) "Service dog" means a dog with special training to assist persons with vision, hearing, or other physical or mental disability.

(45) "State-federal approved stockyard" means a stockyard which complies with 9 C.F.R. Part 71 and 302 KAR 20:070 for specific movements of livestock and which has been approved by the chief animal health official and area veterinarian in charge.

(46) "State veterinarian" means the chief animal health official of the Kentucky Department of Agriculture or an authorized representative.

(47) "Stockyards" is defined by KRS 261.200(4).

(48) "Telemarketing" means an electronic form of marketing animals regulated by the Kentucky Department of Agriculture, Office of Agriculture Marketing and Product Promotion.

(49) "USDA APHIS VS" means the United States Department of Agriculture, Animal Plant and Health Inspection Service, Veterinary Services.

(50) "Wild" means an animal that:

(a) Has a phenotype unaffected by human selection; and

(b) Lives independent of direct human supervision or control.

History

RELATES TO: KRS Chapters 246, 257, 9 C.F.R. 161.1-161.4
STATUTORY AUTHORITY: KRS 257.020, 257.030
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.030(4) authorizes the Board of Agriculture to promulgate administrative regulations necessary to administer KRS Chapter 257. This administrative regulation establishes definitions for 302 KAR Chapter 20, which implements KRS Chapter 257.
History: 1 Ky.R. 737; eff. 5-14-75; Am. 4 Ky.R. 52; eff. 11-2-77; 8 Ky.R. 157; eff. 10-4-81; 12 Ky.R. 220; eff. 9-10-85; 21 Ky.R. 1917; 2479; eff. 4-6-95; 28 Ky.R. 2427; 29 Ky.R.2089; eff. 2-16-03; 34 Ky.R. 277; 773; 1398; eff. 12-12-07; Crt eff. 2-18-2020.

302 KAR 20:020 General requirements for interstate and intrastate movement of animals {#sec-302-kar-20-020 omnilex-key=us-ky-regs-official--title-302--302 KAR 20:020}

Section 1. General Requirements and Provisions.

(1) Premises of origin information.

(a) If an animal moves to a state-federal approved stockyard, exhibition, or assembly point, premises of origin information shall be provided for the premises from which the movement originated.

(b) The information shall include:

Road name and number, city, and state; or
A PIN.

(2) Official identifier. The official individual, group, or lot animal identification shall consist of a set of alphanumeric characters or physical characteristics which are uniquely associated with an individual animal, group or lot of animals as listed in this subsection:

(a) Official USDA animal tag;

(b) An official breed association tattoo, tag, or photograph;

(d) A written or graphic description of an equine or camelid animal which uniquely identifies that equine or camelid animal and includes all of the following:

Breed;
Age;
Color;
Distinctive Markings; and
Gender and sexual status;

(e) An EID if all the following apply:

The EID uniquely identifies the animal;
The EID is attached to or implanted in the animal;
The person having custody of the animal has an EID reader that can read the EID or the facility has a reader; and
The EID is registered to a PIN or to a person;

(f) A leg or wing band number that uniquely identifies poultry, ratite, or other avian species;

(g) Breed registry ear notches on swine; or

(h) Official USDA back tags if used for identification on slaughter animals moving from a state-federal approved stockyard directly to a slaughter facility. Back tags shall not be used for animals entering into Kentucky.

(3) Certificate of veterinary inspection.

(a) A CVI or entry permit shall be required for movement or exhibition of each animal, except as specified in each species section established in 302 KAR 20:040 and 20:065.

(b) A CVI shall be valid for thirty (30) days after date of inspection and issuance except as provided in 302 KAR 20:065.

Identification of each animal recorded on the certificate. An official individual identification shall be required except if group or lot identification numbers are approved by USDA or the OSV;
The species, breed, sex, and age of the animal;
The name and address of the owner or agent shipping the animal and the location from which the animal is shipped;
The name and address of the person receiving the animal and the location at which the animal will be received;
The following statement or one substantially similar: "I certify as an accredited veterinarian that the above described animals have been inspected by me and that they are not showing signs of infection or communicable disease (except if noted). The vaccinations and results of tests are as indicated on the certificate. To the best of my knowledge, the animals listed on this certificate meet the state of destination and federal interstate requirements."; and
For movements requiring vaccination, the:

a. Date of vaccination;

b. Name of vaccine;

c. Serial number of vaccine; and

d. Expiration date of the vaccine used.

(d) Distribution of written CVIs by the accredited veterinarian.

The first page shall be submitted to the OSV within seven (7) days of the date it is written.
The second page shall accompany the animal being moved.
The third page shall be sent to the state of destination within seven (7) days of the date it is written.
The fourth page shall be retained by the issuing veterinarian.

(4) Certificate of Veterinary Inspection Reconsignment Form. Sale animals purchased at a Kentucky sale venue may move to the buyer's destination with a reconsignee certificate attached to the original CVI for the sale if the following conditions are met:

(a) The state of destination agrees to accept a reconsigned CVI;

(b) The animal will reach its final destination within thirty (30) days of the date on the original CVI;

(d) The reconsigning veterinarian submits the Reconsignee Certificate and a copy of the original CVI to the state of destination and to the OSV within seven (7) days of the date of reconsignment.

(5) Equine Interstate Event Permit.

(a) The Equine Interstate Event Permit shall be accepted from states participating in a Memorandum of Agreement with Kentucky.

(b) The Equine Interstate Event Permit shall be valid for six (6) months from date of issue for out of state equine.

(c) The Equine Interstate Event Permit shall be valid for one (1) year from date of issue for intrastate movement for exhibition or until the expiration of the EIA test.

(d) The equine shall have a permanent individual animal identification in the form of a unique identifier, lip tattoo, brand, electronic implant, or digital photograph, which shall be incorporated into the issued permit.

(e) An accurate event itinerary log shall be in the owner or transporter's possession documenting each equine movement during the period of permit.

(6) Entry permit.

(a) A permit, if required by 302 KAR 20:040 or 20:065 or KRS 257.030(2), shall be obtained from the OSV and shall include:

Number of animals;
Species, breed, sex, age, and if requested, weight;
Consignor premises and either the premises of origin or the PIN;
Consignee premises and either the premises of destination or the PIN;
Arrival date of each animal; and
Any special restrictions relating to the movement of each animal.

(b) A permit for movement requiring CVI shall only be issued to an accredited veterinarian.

(7) Owner and shipper's declaration shall:

(a) Be accepted only for imported animals originating directly from the farm of origin and proceeding directly to a recognized slaughtering center for immediate slaughter or to a state-federal approved stockyard for reconsignment to immediate slaughter with no diversion whatever en route; and

(b) Include the information required by subsection (6)(a) of this section.

(8) An animal that is known to be affected with or exposed to any communicable disease or that originated from a quarantined area or quarantined herd shall not enter Kentucky or be transported intrastate within Kentucky without permission of the OSV.

(9) An animal entering or moving that is not in compliance with existing administrative regulations and statutes shall be subject to expulsion or isolation and quarantine pending compliance.

(10) All required tests shall be conducted at no expense to the Commonwealth of Kentucky.

(11) All required laboratory tests shall be conducted in a state-federal approved laboratory.

(12) Required testing or vaccination. All required tests and vaccinations, including brucellosis and tuberculosis, shall be performed by one (1) of the following:

(a) A licensed and accredited veterinarian;

(b) An authorized representative of the State Veterinarian; or

(13) The owner or consignor shall be responsible for all required laboratory tests, vaccinations, or procedures and animal identification prior to sale or change of ownership.

(14) Any person consigning an animal for interstate movement or moving an animal through the state of Kentucky from another state shall:

(a) Comply with the requirements of the state of destination prior to movement or be approved for movement subject to the requirements of that state; and

(b) Provide documentation required by state of destination upon request.

Section 2. Cleaning and Disinfection of Conveyances Used to Transport Animals. The owners and operators of planes, railway cars, trucks, or other conveyances that have been used for the movement of animals infected with or exposed to any communicable disease shall have the conveyances cleaned and disinfected. A certificate of cleaning and disinfecting shall be in possession of the operator or carrier.

Section 3. Incorporation by Reference.

(1) "Reconsignee Certificate," Kentucky Department of Agriculture, Office of State Veterinarian, October 2004, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Office of State Veterinarian, 100 Fair Oaks Lane, Suite 252, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 246.295(1), 257.030
STATUTORY AUTHORITY: KRS 257.030
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.030(4) authorizes the Board of Agriculture to promulgate administrative regulations necessary to administer KRS Chapter 257. This administrative regulation establishes the general health requirements and provisions concerning interstate and intrastate movement of animals.
History: Agr; Ls D. 15; 1 Ky.R. 738; eff. 5-14-75; Am. 21 Ky.R. 1919; 2480; eff. 4-6-95; 34 Ky.R. 379; 775; 1402; eff. 12-12-07; 37 Ky.R. 953; 10-20-2010; Crt eff. 2-18-2020.

302 KAR 20:040 Entry into Kentucky {#sec-302-kar-20-040 omnilex-key=us-ky-regs-official--title-302--302 KAR 20:040}

Section 1. General Provisions.

(1) All animals entering Kentucky shall be subject to the requirements established in 302 KAR 20:020.

(2) All animals shall be accompanied by a Certificate of Veterinary Inspection (CVI) or other official movement document except for exemptions listed under each species section of this administrative regulation or 302 KAR 20:065. Examples of an official movement document shall include a way bill with a permit number or Federal Movement Form VS 9-3 or VS 1-27.

(3) If an entry permit is required by this administrative regulation, it shall be obtained by calling OSV at (502) 564-3956, Monday through Friday, 8 a.m. EST to 4:30 p.m. EST. The permit number shall be recorded on the CVI or other required species specific document obtained pursuant to subsection (2) of this section.

(4) If the state veterinarian determines based on an epidemiological evaluation of current disease risks that additional requirements are needed to prevent the introduction or spread of disease, the OSV shall direct a person to comply with the additional entry requirements. The notification of additional requirements shall be written or given orally and confirmed in writing.

(5) All required tests shall be conducted by a state-federal approved laboratory as defined by 9 C.F.R. Chapter 1.

(6) A CVI for entry shall:

(a) Be valid for thirty (30) days from the date of issue;

(b) Become void upon arrival at the designated destination, except for exhibition animals which may return home within thirty (30) days of the original issue date; and

Section 2. Cattle or Other Bovine Species.

(1) General requirements for entry.

(a) Cattle or other bovine species for exhibition, breeding, or feeding purposes, or for sale purposes except as defined in paragraph (b) of this subsection shall meet the requirements established in subsections (2) and (3) of this section.

(b) Cattle or other bovine species imported directly to a recognized slaughter center or a state-federal approved stockyard shall meet the requirements established in subsections (3) and (4) of this section.

(c) Cattle or other bovine species imported to a Kentucky premises from an out of state federally approved livestock market shall meet the requirements established in subsections (3) and (4)(d) of this section.

(2) Certificate of Veterinary Inspection and Entry Permit.

(a) All cattle or other bovine species entering the state for sale, exhibition, breeding, or feeding purposes shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).

(b) An entry permit shall be required prior to entry for all cattle or other bovine species except steers, spayed heifers, cattle or other bovine species presented for exhibition only. The permit number shall be recorded on the CVI.

(3) Specific diseases.

(a) Brucellosis.

The importation of cattle or other bovine species shall comply with 9 C.F.R. Part 78.
Animals from class free states shall be exempt from testing.
Animals originating from a brucellosis certified herd shall be exempt from testing. The herd certification number and date of last herd test shall be indicated on the CVI.

(b) Tuberculosis.

The importation of cattle or bison shall comply with 9 C.F.R. Part 77.
Animals from class free states shall be exempt from testing.
Animals originating from a tuberculosis accredited herd shall be exempt from testing. The herd accreditation number and date of last herd test shall be indicated on the CVI.

(c) Scabies. Cattle or other bovine species affected with or exposed to scabies or from an area quarantined because of scabies shall not be eligible for entry into Kentucky except:

In accordance with 9 C.F.R. Part 73 of the USDA APHIS VS; and
If a written permit from the State Veterinarian or an authorized representative is obtained pursuant to 9 C.F.R. Part 73.

(d) Ticks. Cattle or other bovine species from a state-federal tick quarantined area, as defined by 9 C.F.R. Part 72, shall not be eligible for entry into Kentucky except:

In accordance with 9 C.F.R. Part 72 of the USDA APHIS VS; and
If a written permit from the State Veterinarian or an authorized representative is obtained pursuant to 9 C.F.R. Part 72.

(e) Johne's Disease. The importation of cattle or other bovine species shall comply with 9 C.F.R. Part 80.

(4) Other movements.

(a) If cattle or other bovine species from a brucellosis class-free state that is also a tuberculosis class-free state move directly from a farm of origin, they may enter a state-federal approved stockyard in Kentucky without an entry permit or CVI. Those cattle or other bovine species shall meet the requirements established in paragraph (c) of this subsection.

(b) Slaughter cattle or other bovine species. Cattle or other bovine species consigned for immediate slaughter may enter Kentucky without an official test for brucellosis or tuberculosis if the cattle or other bovine species are consigned for immediate slaughter to a recognized slaughtering center or to an approved state-federal stockyard as defined by 9 C.F.R. Part 71, for reconsignment to a recognized slaughtering center. Animals diverted en route shall be in violation of this administrative regulation.

(c) The seller's name and address and either the animal's premises of origin or PIN shall be provided for cattle or other bovine species imported to a state-federal approved stockyard or directly to a recognized slaughtering center.

(d) Cattle or other bovine species moving from an out of state state-federal approved stockyard shall be accompanied by a bill of sale or way bill.

Section 3. Horses or Other Equine Species.

(1) General requirements for entry.

(a) All horses or other equidae entering Kentucky for any purpose, except as provided in paragraph (b), (d), and (e) of this subsection, shall meet the requirements established in subsections (2) and (3) of this section.

(b) Equine purchased by a licensed Kentucky dealer at an out-of-state horse sale shall:

Enter the state on an entry permit;
Be accompanied by a VS Form 10-11 or EIA test form verifying a negative equine infectious anemia (EIA) test within the last twelve (12) months or shall be tested for EIA within two (2) weeks of entry; or
Move directly to an approved Kentucky horse sale.

(d) Equine moving directly to a veterinary facility in Kentucky shall be exempt from subsections (2) and (3) of this section.

(e) Equine may be moved directly to an approved Kentucky horse sale by an out of state, nondealer owner from that owner's premises.

(2) Certificate of Veterinary Inspection.

(a) A CVI shall be required for equine entering the state except as provided in subsection (1)(b) and (d) of this section and shall meet the criteria established in 302 KAR 20:020, Section 1(3)(c).

(b) Equine Interstate Event Permits from states participating with Kentucky shall:

Be accepted for exhibition purposes in lieu of the CVI and EIA test report if they are within six (6) months of the issue date and there has been no change of ownership; and
Meet the requirements established in 302 KAR 20:020, Section 1(5).

(3) Equine infectious anemia.

(a) All horses or other equidae, except unweaned foals accompanied by their dam, shall be negative to a USDA official test, pursuant to 9 C.F.R. Part 75, within twelve (12) months prior to entry.

(b) A copy of the Form VS 10-11 or EIA test form verifying a negative EIA from a laboratory approved by the USDA, pursuant to 9 C.F.R. Part 75, shall be attached to the CVI.

(4) Approved Kentucky horse sales.

(a) Horses or other equidae purchased by a licensed Kentucky dealer out-of-state may move directly to an approved Kentucky horse sale without proof of a negative EIA test.

(b) All horses or other equidae presented without proof of a negative EIA test within the previous twelve (12) months shall have a blood sample drawn for EIA testing by the market veterinarian approved by the OSV pursuant to 302 KAR 20:261, at the seller's expense.

Section 4. Swine.

(1) General requirements for entry.

(a) Except as provided in paragraph (b) of this subsection, domestic swine for exhibition, sale, breeding, or feeding shall meet the requirements established in subsections (2) and (3) of this section.

(b) Swine imported directly to a recognized slaughtering center or a state-federal approved slaughter-only stockyard shall meet the requirements established in subsections (3) and (4) of this section.

(c) Swine imported to a Kentucky premises from an out of state federally approved stockyard shall meet the requirements established in subsections (3) and (4) of this section.

(d) Swine listed in this paragraph shall not be imported for any purpose:

Garbage fed swine;
Wild, captive wild, or feral swine, Sus scrofa per definition, including Russian wild boars or Eurasian wild boars; or
Swine vaccinated with Pseudorabies vaccine.

(2) Certificate of Veterinary Inspection and Entry Permit.

(a) All swine entering the state for sale except as provided in subsection (1)(b) and (c) of this section, exhibition, breeding, or feeding purposes shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).

(b) An entry permit shall be required prior to entry for all swine entering for sale, breeding, or feeding purposes. An entry permit shall be required for exhibition purposes from states with less than Stage 5 Pseudorabies status. The permit number shall be recorded on the CVI.

(3) Specific diseases.

(a) Brucellosis. The importation of swine shall comply with 9 C.F.R. Part 78.

(b) Pseudorabies. Testing shall not be required for swine imported if the swine originated from a Pseudorabies Stage 5 state. Swine originating from a state with less than Pseudorabies Stage 5 status shall comply with 9 C.F.R. Part 85.

(4) Swine imported to a state-federal approved livestock market, directly to a recognized slaughtering center, or to a Kentucky premises from an out of state federally-approved stockyard shall be identified with:

(a) Official identification in accordance with 302 KAR 20:020, Section 1(2); and

(b) The seller's name and address and either the animal's premises of origin or PIN.

Section 5. Sheep or Lambs.

(1) General requirements for entry.

(a) Sheep or lambs for sale except as provided in paragraphs (b) and (d) of this subsection, exhibition, breeding, or feeding purposes shall meet established requirements in subsections (2) and (3) of this section.

(b) Sheep imported directly to a state-federal approved stockyard or a recognized slaughtering center shall meet the requirements established in subsections (3) and (4) of this section.

(c) Sheep or lambs that originate from known trace, source, or infected Scrapie flocks as determined by the USDA APHIS VS in compliance with 9 C.F.R. Part 79 shall not be imported.

(d) Sheep imported to a Kentucky premises from a state-federal approved stockyard shall meet the requirements established in subsections (3) and (4) of this section.

(2) Certificate of Veterinary Inspection and Entry Permit.

(a) All sheep or lambs entering the state for sale except as provided in subsection (1)(b) and (d) of this section, exhibition, breeding, or feeding purposes shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).

(b) An entry permit shall be required for sheep or lambs entering for sale, breeding, or feeding purposes.

(3) Specific diseases.

(a) Scrapie.

All sheep shall originate from a Scrapie consistent state meeting the requirements of the USDA APHIS VS Scrapie Flock Certification Program established in 9 C.F.R. Part 79.
Sheep that require a CVI for movement shall be identified with an official USDA Scrapie Program identification tag or other official identification method and documented on a CVI.
If enrolled in the USDA Scrapie Flock Certification Program, the Scrapie Flock number shall be recorded on the CVI.

(b) Scabies. Sheep affected with or exposed to scabies or from an area quarantined because of scabies shall not be eligible for entry into Kentucky.

(d) Johne's. The importation of sheep or lambs shall comply with 9 C.F.R. Part 80.

(4) Other movements.

(a) Sheep or lambs from Scrapie consistent states may be imported into Kentucky for immediate slaughter if consigned directly to a recognized slaughtering center approved by the USDA or the State Veterinarian or to a state-federal approved stockyard or concentration point if reconsignment from that point is to immediate slaughter.

(b) Only sheep or lambs from Scrapie consistent states may be imported to state-federal approved stockyards or state-approved concentration points for the purpose of sale.

(c) VS Form 1-27 shall be required for movement of sheep or lambs from trace, source, or infected flocks to an approved site.

(d) Sheep or lambs imported to state-federal approved stockyards, concentration points or directly to a recognized slaughtering center or to Kentucky premises from a state-federal approved stockyard shall be identified with:

An identification in accordance with 9 C.F.R. Part 79; and
The seller's name and address and either the animal's premises of origin or PIN.

Section 6. Goats.

(1) General requirements for entry.

(a) Goats entering Kentucky for sale except as provided in paragraph (b) of this subsection, exhibition, breeding, or feeding purposes shall meet the requirements established in subsections (2) and (3) of this section.

(b) Goats imported directly to a recognized slaughtering center, a state-federal approved stockyard, telemarketing sale, or KDA approved graded sale shall meet the requirements established in subsections (3) and (4) of this section.

(c) Goats imported to a Kentucky premises from a state-federal approved stockyard shall meet the requirements established in subsections (3) and (4) of this section.

(2) Certificate of Veterinary Inspection and Entry Permit.

(a) All goats entering the state for sale except as provided in subsection (1)(b) and (c) of this section, exhibition, breeding, or feeding purposes shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(d).

(b) An entry permit shall be required for goats entering for sale, breeding, or feeding purposes.

(3) Specific diseases.

(a) Scrapie.

All goats shall originate from a Scrapie consistent state meeting the requirements of the USDA APHIS VS Scrapie Flock Certification Program established in 9 C.F.R. Part 79.
Goats that require a CVI for movement shall be identified with an official USDA Scrapie Program identification tag or other official animal identification in accordance with 302 KAR 20:020, Section 1(2).

(b) Brucellosis. Animals six (6) months of age or older shall have an official negative test within thirty (30) days prior to entry or originate directly and immediately from a class free state or a brucellosis-certified herd.

(c) Tuberculosis. Animals six (6) months of age or older shall have an official negative tuberculin test within sixty (60) days prior to entry or originate directly and immediately from a class free state or a tuberculosis-accredited herd.

(d) Scabies. Goats affected with or exposed to scabies or from an area quarantined because of scabies shall not be eligible for entry into Kentucky.

(e) Johne's. The importation of goats shall comply with 9 C.F.R. Part 80.

(4) Goats of any age entering a state-federal approved Kentucky stockyard, KDA-approved graded sale, telemarketing assembly point, a Kentucky recognized slaughtering center, or a Kentucky premises from a state-federal approved stockyard shall be identified with:

(a) An identification in accordance with 9 C.F.R. Part 79; and

(b) The seller's name and address and either the animal's premises of origin or PIN.

Section 7. Poultry, Farm-raised Upland Game Birds or Other Avian Species.

(1) General requirements for entry.

(a) Birds four (4) months or older for sale or exhibition purposes shall meet the requirements established in subsections (2) and (3) of this section.

(b) Chicks or hatching eggs imported shall meet the requirements established in subsections (2) and (3)(a)2 of this section.

(c) All birds imported to an approved slaughter facility and all commercial birds moving between a company's production units shall meet the requirements established in subsections (3) and (4) of this section.

(2) Certificate of Veterinary Inspection. All poultry shall be accompanied by:

(a) An NPIP VS Form 9-3 as specified in 9 C.F.R. Part 145 including flock number issued; or

(b) A CVI verifying a valid test date.

(3) Specific diseases.

(a) Salmonella pullorum.

Birds four (4) months of age or older shall be negative to an official Salmonella pullorum test within thirty (30) days of entry or originate from a NPIP flock. The NPIP flock number or both the test date and the laboratory of test shall be recorded on the CVI.
Chicks or hatching eggs shall originate from NPIP flocks or a flock that satisfies the requirements of KRS 257.410.

(b) Avian influenza. All poultry shall comply with the requirements of 302 KAR 20:250, Avian influenza.

(4) Other movements.

(a) Commercial birds moving between company units shall have a way bill or log sheet stating origination of birds and intended destination with flock NPIP number.

(b) Birds going directly to an approved slaughter facility shall provide the name and address for premises of origin.

Section 8. Psittacine or Pet Birds. The entry of psittacine or pet birds shall comply with 9 C.F.R. Part 82.

(1) General requirement for entry.

(a) All psittacine or pet birds imported for any purpose shall meet the requirements established in subsection (2) of this section.

(b) All psittacine or pet birds shall be identified with official identification in accordance with 302 KAR 20:020, Section 1(2).

(c) All importers of psittacine or pet birds for other than exhibition purposes shall keep records that indicate the origin and date of shipment, the name and address of the breeder, the number of birds shipped, and the name and address of the persons to whom the imported birds are sold.

(2) Certificate of Veterinary Inspection. All imported psittacine or pet birds shall be accompanied by a CVI, inspected and found free of infectious and communicable diseases within fifteen (15) days immediately prior to the date of entry.

Section 9. Ratites.

(1) General requirements for entry. Ratites imported for any purpose shall meet the requirements established in subsections (2) and (3) of this section.

(2) Certificate of Veterinary Inspection and Entry Permit.

(a) All ratites entering the state for sale, exhibition, breeding, or feeding purposes shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).

(b) An entry permit shall be obtained from OSV prior to entry of ratites into Kentucky. The permit number shall be recorded on the CVI and the certificate shall accompany the animals on entry.

(3) Specific diseases.

(a) Ratites shall be negative to an official test for Avian Influenza within thirty (30) days prior to entry or originate from a NPIP AI clean flock.

(b) Ratites shall be negative to an official test for Salmonella pullorum within thirty (30) days prior to entry or originate from a NPIP flock.

Section 10. Dogs, Cats, or Ferrets.

(1) General Requirements for Entry. Dogs, cats, or ferrets for sale, exhibition or breeding purposes shall meet requirements established in subsections (2) and (3) of this section.

(2) Certificate of Veterinary Inspection.

(a) All dogs, except as provided in paragraph (b) of this subsection, cats, or ferrets entering the state for any purpose shall be accompanied by a valid CVI required by 302 KAR 20:020, Section 1(3)(c).

(b) Service dogs shall be exempt from a CVI requirement, but shall have a current rabies vaccination certificate.

(3) All dogs, cats, or ferrets over four (4) months of age imported for sale, exhibition, or any other purpose shall be vaccinated against rabies by a licensed veterinarian in accordance with the guidelines in the "Compendium of Animal Rabies Prevention and Control" prepared by the National Association of State Public Health Veterinarians, Inc., and available at http://www.cdc.gov/.

Section 11. Exotic Ruminants, Circus, or Menagerie Animals.

(1) General requirements for entry. All exotic ruminants, circus, or menagerie animals imported into the state for sale, exhibition or breeding purposes shall meet the requirements established in subsections (2), (3), and (4) of this section.

(2) Certificate of Veterinary Inspection and Entry Permit.

(a) All exotic ruminants, circus, or menagerie animals entering the state for sale, exhibition or breeding purposes shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).

(b) A CVI shall be valid for thirty (30) days.

(3) A transportation permit from the Kentucky Department of Fish and Wildlife Resources shall be required. The transportation permit shall be obtained from the Kentucky Department of Fish and Wildlife Resources, Arnold L. Mitchell Building, #1 Game Farm Road, Frankfort, Kentucky 40601.

(4) Specific disease requirements.

(a) Tuberculosis. Except as provided in paragraph (e) of this subsection, a person shall not import an exotic ruminant or bovine unless the animal tests negative on an official tuberculin test as provided in 9 C.F.R. 77.5 and conducted not more than sixty (60) days prior to entry date.

(b) Brucellosis. Except as provided in paragraph (e) of this subsection, a person shall not import an exotic ruminant or bovine unless the animal tests negative on an official test as provided in 9 C.F.R. 78.1 and conducted not more than thirty (30) days prior to entry date.

(c) EIA. All equine species animals shall meet the requirements established in Section 3(3)(a) of this administrative regulation.

(d) Johne's. The importation of all exotic ruminants shall comply with 9 C.F.R. Part 80.

(e) Subsection (4)(a) and (b) shall not apply to an exotic ruminant imported directly to an institution accredited by the American Association of Zoological parks and aquariums.

Section 12. Camelids.

(1) General requirements for entry. Camelids imported for any purpose shall meet the requirements established in subsections (2) and (3) of this section.

(2) Certificate of Veterinary Inspection and Entry Permit.

(a) All camelids entering the state shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).

(b) An entry permit shall be obtained from OSV prior to entry of camelids into Kentucky. The permit number shall be recorded on the CVI and the certificate shall accompany the animals on entry.

(3) Specific diseases.

(a) Brucellosis. Camelids imported from class free states shall not be required to test. Camelids six (6) months of age or older from states not class free shall be negative to an official brucellosis test within thirty (30) days prior to entry.

(b) Tuberculosis. Camelids imported from class free states shall not be required to test. Camelids six (6) months of age or older from states not class free shall be negative to an official tuberculosis test within sixty (60) days of entry. The injection site shall be in a nonhaired area that may be inspected visually and by palpation.

Section 13. Cervids.

(1) General requirements for entry. Cervids imported for any purpose shall meet the requirements established in subsections (2) and (3) of this section.

(2) Certificate of Veterinary Inspection and Entry Permit.

(a) All cervids entering the state shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).

(b) An entry permit shall be obtained from OSV prior to entry of cervids into Kentucky. The permit number shall be recorded on the CVI and the certificate shall accompany the animals on entry.

(3) Specific diseases.

(a) Chronic Wasting Disease (CWD).All requirements in KRS 257.550 shall be met prior to interstate movement.

(b) Brucellosis.

Cervids imported from class free states shall be exempt from testing.
Cervids six (6) months of age or older originating from states that do not have class free status shall:

a. Be negative to an official brucellosis test within thirty (30) days prior to entry; or

b. Originate from a Brucellosis certified herd. The herd certification number and last test date shall be listed on the CVI.

Be negative to an official tuberculosis test within ninety (90) days of entry; or
Originate from a Cervid Tuberculosis accredited herd. The herd accreditation number and the last herd test date shall be listed on the CVI.

Section 14. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Permit for movement of restricted animals the USDA APHIS VS Form 1-27", June 1989;

(b) Report of Sales of Hatching Eggs, Chicks, and Poults, USDA APHIS VS Form 9-3, June 1998;

(c) "Equine Infectious Anemia (EIA) Test Form", Kentucky Department of Agriculture, Office of State Veterinarian, KYSV-301, July 2005;

(d) "EIA Laboratory Test Form, USDA APHIS VS Form 10-11", May 2003; and

(e) "Compendium of Animal Rabies Prevention and Control", 2006.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Office of State Veterinarian, 100 Fair Oaks Lane, Suite 252, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS Chapter 257, 9 C.F.R. Chapter 1 parts 77, 78
STATUTORY AUTHORITY: KRS 246.295, 257.030, 257.070, 257.550
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.070 requires that importation of animals into Kentucky complies with administrative regulations promulgated by the board. KRS 257.030 authorizes the board to establish necessary quarantines and other measures to control the movement of animals into, through, or within Kentucky. This administrative regulation establishes health requirements for entry, including entry for sales or exhibition, for livestock and animals into Kentucky.
History: Agr:Ls. D. 36-6; 1 Ky.R. 739; eff. 5-14-1975; Am. 4 Ky.R. 53; eff. 11-2-1977; 7 Ky.R. 19; eff. 9-3-1980; 9 Ky.R. 1303; eff. 7-6-1983; 11 Ky.R. 1645; eff. 6-4-1985; 14 Ky.R. 844; eff. 12-11-1987; 21 Ky.R. 1920; 2482; eff. 4-6-1995; 25 Ky.R. 415; eff. 10-16-1998; 29 Ky.R. 792; 1259; eff. 11-13-2002; 34 Ky.R. 383; 779; 1402; eff. 12-12-2007; TAm eff. 5-14-2008; 36 Ky.R. 1326; 1919; eff. 3-5-2010; Crt eff. 2-18-2020.

302 KAR 20:055 Brucellosis vaccination, testing and branding requirements {#sec-302-kar-20-055 omnilex-key=us-ky-regs-official--title-302--302 KAR 20:055}

Section 1. Vaccination and Branding Protocol.

(1) Female animals which are vaccinated shall be officially vaccinated between four (4) and ten (10) months of age with an approved reduced dosage Brucella vaccine and identified by a vaccination tattoo in the ear and an official vaccination ear tag, or, in the case of registered cattle, by an identification tattoo.

(a) Vaccination tattoo shall be placed in the right ear and shall legibly identify the quarter of the year, shield and the calendar year of vaccination.

(b) Official vaccination ear tag shall be placed in the right ear and shall identify the animal according to the state of origin, official vaccinate status and individual identification number.

(2) Animals shall be vaccinated, branded, or tested by, or under the supervision of, a licensed, accredited veterinarian or by an authorized agent of the board or by authorized federal personnel (i.e., includes "S" branding).

(3) Official documentations of the above listed procedures shall be promptly conveyed to the office of the state veterinarian on appropriate forms provided by same.

(4) Animals on Kentucky farms or changing ownership on a Kentucky farm may be vaccinated with funds appropriated by the Commonwealth of Kentucky if available.

(5) No person shall tamper with the vaccination tattoo or official vaccination ear tag, and no person shall retattoo any animal unless approval is first obtained from the Kentucky State Veterinarian or from Kentucky's area veterinarian in charge (AVIC). No person shall tamper with an official brand, ear tag or other individual animal identification device.

(6) Location of brands: "S" on the face or hip, "open spade" on the hip.

Section 2. Procedure Requirements.

(1)

(a) Sexually intact females twelve (12) months of age or older shall be negative to an official brucellosis test within thirty (30) days prior to change of ownership, unless the cattle:

Originate directly from a brucellosis certified free herd;
Are official calfhood vaccinates of the dairy breed, less than twenty (20) months of age;
Are official calfhood vaccinates of the beef breeds less than twenty-four (24) months of age;
Are open heifers less than eighteen (18) months of age designated for feeding purposes; or
Are identified with an "S" brand and moving directly to recognized slaughter facilities or to designated quarantined feedlots in states approving this movement.

(b) Diversion of "feeder" heifers for use as breeding animals without meeting applicable test requirements shall be a violation of this administrative regulation.

(2) Female bovine animals sold through a Kentucky livestock market when eligible shall be identified as to farm of origin.

(3) Fattened heifers, intended for slaughter only, or consigned directly to a slaughter facility must meet federal requirements.

(4) Spayed heifers may move freely in Kentucky, when in compliance with appropriate movement certification. Such heifers are identified with an "open spade" brand.

(5) Approved livestock assembly facility. These facilities shall be approved by the Department of Agriculture and be designated only for cattle assemblage. Vaccination, testing or branding requirements shall be met prior to release of animals from these facilities, and records of state and farm of origins shall be kept by the operators. Animals imported into Kentucky and remaining in Kentucky after entering an approved livestock assembly facility shall also meet Kentucky's entry requirements 302 KAR 20:040. Animals tested for brucellosis by the designated veterinarian shall remain at the facility until the results are known negative.

(6) The test eligible age of eighteen (18) months shall be determined by the loss of the first pair of temporary incisor teeth.

(7) The test eligible age for official calfhood vaccinated females of dairy breeds shall be twenty (20) months of age and shall be determined by the partial eruption of the first pair of permanent incisors (twenty (20) months of age or older).

(8) The test eligible age for official calfhood vaccinated females of beef breeds shall be twenty-four (24) months of age and shall be determined by the first pair of permanent incisors fully erupted (two (2) years of age or older).

(9) Heavy springers or cows postpartum shall be tested eligible regardless of age.

History

RELATES TO: KRS Chapter 257, 257.020, 257.030, 257.040, 257.060, 257.070, 257.115
STATUTORY AUTHORITY: KRS 257.020, 257.030
NECESSITY, FUNCTION, AND CONFORMITY: To specify the requirements for vaccination against the disease brucellosis, and to define the requirements for testing or branding.
History: 11 Ky.R. 1712; Am. 12 Ky.R. 19; eff. 8-13-85; 14 Ky.R. 850; eff. 12-11-87; 1936; eff. 5-9-88; 21 Ky.R. 1925; 2486; eff. 4-6-95; Crt eff. 2-18-2020.

302 KAR 20:065 Sale and exhibition of Kentucky origin animals in Kentucky {#sec-302-kar-20-065 omnilex-key=us-ky-regs-official--title-302--302 KAR 20:065}

Section 1. General Requirements.

(1) All animals moving within Kentucky shall be subject to the requirements as established in 302 KAR 20:020.

(2) All animals offered for sale shall be accompanied by a Certificate of Veterinary Inspection (CVI), or other official movement document except for exemptions listed under each species of this administrative regulation or 302 KAR 20:040. Examples of an official movement document shall include a way bill with a permit number or Federal Movement Form VS 9-3 or VS 1-27. A CVI for sale purposes shall:

(a) Be valid for thirty (30) days from the date of issuance; and

(b) List a valid destination and be void upon arrival at that destination unless a Reconsignee Certificate for movement from the sale premises to a new destination is executed and attached to the original CVI.

(3) All animals entering venues for exhibition purposes where commingling of animals occurs shall be accompanied by a CVI.

(a) A CVI for Kentucky origin animals for purposes other than sale shall be valid as noted under each individual species.

(b) A CVI written for exhibition purposes shall be void upon change of ownership of the listed animals.

(4) All required tests shall be conducted by a state-federal approved laboratory as defined by 9 C.F.R. Chapter 1.

(5) An animal that originated from a quarantined area or quarantined herd shall not be transported intrastate within Kentucky unless permitted by OSV on VS Form 1-27 or a CVI with a quarantine movement permit obtained from OSV and attached to the CVI.

Section 2. Cattle and Other Bovine Species.

(1) General requirements.

(a) Cattle or other bovine species moving intrastate for sale except as provided in paragraph (b) of this section, change of ownership, or exhibition purposes shall meet the requirements established in subsections (2) and (3) of this section.

(b) Cattle and other bovine species moving directly to and for sale by a state-federal approved stockyard or a recognized slaughtering center shall meet the requirements established in subsections (3) and (4) of this section.

(2) Certificate of Veterinary Inspection.

(a) All cattle and other bovine species moving intrastate for sale, exhibition or change of ownership shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).

(b) A CVI for change of ownership and sale shall be valid for thirty (30) days.

(c) A CVI for intrastate exhibition shall be valid for the remainder of the calendar year in which it is issued or thirty (30) days whichever is greater.

(d) Cattle or other bovine species sold or bartered by private treaty and moving directly from farm to farm shall be exempt from the CVI requirement if the seller or barterer's name and premises of origin information are recorded and maintained for two (2) years by the recipient of the animal.

(3) Specific diseases.

(a) Brucellosis. Testing shall not be required for sale or exhibition if one (1) of the following applies:

Kentucky has class free status; or
The animals are moving from a brucellosis certified herd. The herd number and last test date shall be recorded on the CVI.

(b) Tuberculosis. Testing shall not be required for sale or exhibition if one of the following applies:

Kentucky has class free status; or
The animals are from a tuberculosis accredited herd. The herd number and last test date shall be recorded on the CVI.

(c) Cattle or other bovine species infected with warts, ringworm, or any other communicable disease shall not be eligible for exhibition.

(4) The seller's name and address and either the animal's premises of origin or PIN shall be provided for cattle or other bovine species moving to a state-federal approved stockyard or directly to a recognized slaughtering center.

Section 3. Horses and Other Equine Species.

(1) General requirements.

(a) Equine moving intrastate for sale, racing, change of ownership, exhibition or into a public stable, fairgrounds, or showgrounds except as provided in paragraphs (b) and (c) of this subsection shall meet the requirements established in subsections (2) and (3) of this section.

(b) Equine moving directly to a state approved horse sale shall meet the requirements established in subsection (4) of this section.

(c) Equine moving farm to farm with no change of ownership or to a veterinary facility shall not be required to meet the requirements established in subsections (2) and (3) of this section.

(2) Certificate of Veterinary Inspection or Equine Interstate Event Permit.

(a) All equine moving intrastate shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).

(b) A CVI for change of ownership and sale shall be valid for thirty (30) days.

(c) A CVI for intrastate exhibition shall be valid for the duration of the EIA test certificate not to exceed one (1) year.

(d) An Equine Interstate Event Permit issued within the previous twelve (12) months shall be accepted in lieu of a CVI and EIA test report for exhibition purposes.

(e) A CVI or an Equine Interstate Event Permit shall be void upon change of ownership.

(3) Equine Infectious Anemia.

(a) Except as provided in paragraph (b) of this subsection, horses or other equidae shall be negative to an USDA official test, pursuant to 9 C.F.R. 75.4, for EIA within the previous twelve (12) months.

(b) A copy of Form VS 10-11 or EIA test form verifying a negative EIA from a laboratory approved by the USDA, pursuant to 9 C.F.R. Part 75, shall accompany the CVI and the laboratory accession number and date of test shall be recorded on the CVI.

(4) Approved Kentucky horse sales.

(a) Horses or other equidae may move directly to an approved Kentucky horse sale without a CVI or negative EIA test certificate.

(b) Approved Kentucky horse sales shall meet the requirements of 302 KAR 20:261.

(c) All horses or other equidae presented without valid negative EIA test certificates shall have a blood sample drawn for EIA testing by the approved market veterinarian at the seller's expense.

Section 4. Swine.

(1) General requirements.

(a) Swine moving intrastate for sale, change of ownership, or exhibition shall meet the requirements established in subsections (2) and (3) of this section.

(b) Swine moving directly to and for sale by a state-federal approved stockyard or a recognized slaughtering center shall meet the requirements established in subsections (3) and (4) of this section.

(c) Swine listed in this paragraph shall not be moved for any purpose, except under jurisdiction of the OSV or the USDA APHIS VS:

Garbage fed swine; or
Wild, captive wild, or feral swine, Sus scrofa per definition, including Russian wild boars and Eurasian wild boars.

(2) Certificate of Veterinary Inspection.

(a) All swine moving intrastate for sale, exhibition or change of ownership shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).

(b) A CVI for change of ownership and sale shall be valid for thirty (30) days.

(c) A CVI for intrastate exhibition shall be valid for the remainder of the calendar year in which it is issued or thirty (30) days whichever is greater.

(d) Swine sold or bartered by private treaty and moving directly from farm to farm shall be exempt from the CVI requirement if the seller or barterer's name and premises of origin information are recorded and maintained for two (2) years by the recipient of the animal.

(3) Specific diseases.

(a) Brucellosis. Testing shall not be required for sale or exhibition if one (1) of the following apply:

Kentucky is a class free state; or
The animal is from a validated brucellosis free herd and the validation number and last test date are recorded on the CVI.

(b) Pseudorabies. Testing shall not be required for sale or exhibition if Kentucky maintains a Stage V Pseudorabies status.

(4) Swine moving to a Kentucky state-federal approved stockyard or directly to a recognized slaughtering center shall be identified with:

(a) Official identification in accordance with 302 KAR 20:020, Section 1(2); and

(b) The seller's name and address and either the animal's premises of origin or PIN.

Section 5. Sheep or Other Ovine Species.

(1) General requirements.

(a) Sheep or lambs for sale, except as provided in paragraph (b) of this subsection, exhibition, breeding, or feeding purposes shall meet the requirements established in subsections (2) and (3) of this section.

(b) Sheep moving directly to and for sale by a state-federal approved stockyard, graded sale, telemarketing sale, or a recognized slaughtering center shall meet the requirements established in subsections (3) and (4) of this section.

(c) Sheep that require a CVI for movement shall be identified with an official USDA Scrapie Program identification tag or other official identification method in accordance with 302 KAR 20:020, Section 1(2).

(2) Certificate of Veterinary Inspection.

(a) All sheep or lambs moving intrastate for sale, exhibition, breeding, or feeding purposes shall be accompanied by a valid CVI required by 302 KAR 20:020, Section 1(3)(c).

(b) A CVI for change of ownership or sale shall be valid for thirty (30) days.

(c) A CVI for intrastate exhibition shall be valid for the remainder of the calendar year in which it is issued or thirty (30) days whichever is greater.

(d) Sheep sold or bartered by private treaty and moving directly from farm to farm shall be exempt from the CVI requirement if the seller or barterer's name and premises of origin information are recorded and maintained for two (2) years by the recipient of the animal.

(3) Specific diseases.

(a) Scrapie. Sheep or lambs that originate from known trace, source or infected Scrapie flocks as determined by the USDA APHIS VS in compliance with 9 C.F.R. Part 79 shall not be allowed movement except as permitted by USDA APHIS VS or the OSV.

(b) Scabies. Sheep affected with or exposed to scabies or from an area quarantined because of scabies shall not be eligible for sale or exhibition.

(c) Sore mouth (Contagious Ecthyma). Any sheep or lambs showing lesions of contagious ecthyma shall not be eligible for exhibition or sale.

(4) Other movements. Sheep or lambs moving to state-federal approved stockyards, graded sales, telemarketing sales, or directly to a recognized slaughtering center shall be identified with:

(a) Identification in accordance with 9 C.F.R. Part 79; and

(b) The seller's name and address and either the animal's premises of origin or PIN.

Section 6. Goats or Other Caprine Species.

(1) General requirements.

(a) Goats moving for sale, except as provided in paragraph (b) of this subsection, exhibition, breeding, or feeding purposes shall meet the requirements established in subsections (2) and (3) of this section.

(b) Goats moving directly to and for sale by a state-federal approved stockyard, graded sale, telemarketing sale, or a recognized slaughtering center shall meet the requirements established in subsections (3) and (4) of this section.

(c) Goats that require a CVI for movement shall be identified with an official USDA Scrapie program identification tag or other official identification method in accordance with 302 KAR 20:020, Section 1(2).

(2) Certificate of Veterinary Inspection.

(a) All goats moving intrastate for sale, exhibition, breeding, or feeding purposes shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).

(b) A CVI for change of ownership or sale shall be valid for thirty (30) days.

(c) A CVI for intrastate exhibition shall be valid for the remainder of the calendar year in which it is issued or thirty (30) days whichever is greater.

(d) Goats sold or bartered by private treaty and moving directly from farm to farm shall be exempt from the CVI requirement if the seller or barterer's name and premises of origin information are recorded and maintained for two (2) years by the recipient of the animal.

(3) Specific diseases.

(a) Scrapie. Goats that originate from known trace, source or infected Scrapie flocks as determined by the USDA APHIS VS in compliance with 9 C.F.R. Part 79 shall not be allowed movement except as permitted by USDA APHIS VS or the OSV.

(b) Brucellosis. Any goat that originates from a premises that has been infected with or exposed to B. melitensis or other Brucella sp. within the previous twelve (12) months shall be negative to a Brucella test within thirty (30) days for sale or exhibition.

(d) Goats infected with a communicable disease shall not be eligible for sale or exhibition.

(4) Other movements. Goats moving to state-federal approved stockyards, graded sales, telemarketing sales, or directly to a recognized slaughtering center shall be identified with:

(a) Identification in accordance with 9 C.F.R. Part 79; and

(b) The seller's name and address and either the animal's premises of origin or PIN.

Section 7. Poultry or Farm Raised Upland Game Birds.

(1) General requirements.

(a) Birds four (4) months or older for exhibition purposes shall meet the requirements established in subsections (2) and (3) of this section;.

(b) Chicks or hatching eggs for sale shall meet the requirements established in subsections (2) and (3)(b) of this section.

(c) Birds moving to an approved slaughter facility or between a commercial company's facilities shall meet the requirements established in subsection (4) of this section.

(2) Certificate of Veterinary Inspection.

(a) A CVI, Non-NPIP Flock Report, or NPIP Flock Certificate with the flock number shall be required for movement and exhibition.

(b) A CVI or Non-NPIP Flock Report shall be valid for the remainder of the ninety (90) day S. pullorum test period for intrastate exhibition. An NPIP certificate shall be valid for one (1) year from the date issued for intrastate exhibition.

(3) Salmonella Pullorum.

(a) Birds four (4) months of age or older shall be negative to an official Salmonella pullorum test within ninety (90) days or originate from a NPIP flock. The NPIP flock number or both the test date and the laboratory of test shall be recorded on the CVI.

(b) Chicks or hatching eggs shall originate from a flock as required by KRS 257.400.

(4) Other movements.

(a) Persons moving commercial poultry between company facilities shall maintain a log book or possess a way bill stating the origination of the birds and intended destination with the flock NPIP number.

(b) Persons moving birds directly to slaughter shall provide the name and address for premises of origin.

Section 8. Ratites.

(1) General requirements.

(a) Ratites moving for sale or exhibition purposes shall meet the requirements established in subsections (2) and (3) of this section.

(b) A permit number shall be obtained from OSV prior to the sale of ratites in Kentucky. This permit number shall be recorded on the CVI accompanying the animals.

(d) Any ratite with evidence of a communicable disease shall not be eligible for sale or exhibition.

(2) Certificate of Veterinary Inspection.

(a) All ratites moving intrastate for sale or exhibition shall be accompanied by a valid CVI or NPIP certificate as required by 302 KAR 20:020, Section 1(3)(c).

(b) A CVI for change of ownership and sale shall be valid for thirty (30) days.

(3) Specific diseases.

(a) Avian Influenza. Ratites shall be negative to an official test as defined by 9 C.F.R. Part 145, within ninety (90) days prior to sale or exhibition or originate from a NPIP AI Clean flock.

(b) Salmonella pullorum. Ratites shall be negative to an official test as defined by 9 C.F.R. Part 145, within ninety (90) days prior to sale or exhibition or originate from a NPIP flock.

Section 9. Dogs, Cats, or Ferrets. General Requirements for exhibition.

(1) All dogs, cats, or ferrets for exhibition shall be accompanied by a Small Animal CVI Form as required by 302 KAR 20:020, Section 1(3)(c).

(2) CVI shall be valid for the duration of the rabies vaccination not to exceed one (1) year.

(3) All dogs, cats or ferrets over four (4) months of age shall be vaccinated against rabies per the "Compendium of Animal Rabies Prevention and Control" prepared by the National Association of State Public Health Veterinarians, Inc.

Section 10. Camelids.

(1) General requirements.

(a) Camelids moving for sale or exhibition shall meet the requirements established in subsections (2) and (3) of this section.

(b) All camelids shall be identified with an official identification tag or other official identification method in accordance with 302 KAR 20:020, Section 1(2).

(2) Certificate of Veterinary Inspection.

(a) All camelids moving intrastate for sale or exhibition shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).

(b) A CVI for change of ownership and sale shall be valid for thirty (30) days.

(c) A CVI for intrastate exhibition shall be valid for the remainder of the calendar year in which it is issued or thirty (30) days whichever is greater.

(3) Specific diseases.

(a) Brucellosis. Testing shall not be required for sale and exhibition if Kentucky has class free status.

(b) Tuberculosis. Testing shall not be required for sale and exhibition if Kentucky has class free status.

Section 11. Cervid.

(1) General requirements.

(a) Cervids moving for export, sale or other purposes except as provided in paragraphs (b) and (d) of this subsection shall meet the requirements established in subsections (2) and (3) of this section.

(b) Cervids moving to a recognized slaughtering center or a veterinary clinic shall meet the requirements as required by subsection (4) of this section.

(c) All cervids shall be identified with an official identification tag or other official identification method in accordance with 302 KAR 20:020, Section 1(2).

(d) Cervids moved by wildlife rehabilitators permitted under 301 KAR 2:075 shall be exempt from this section.

(e) All farm held cervids shall meet the requirements established in 302 KAR 20:066.

(2) Certificate of Veterinary Inspection and Movement Permit.

(a) All cervids moving for export, intrastate sale or other purposes shall be accompanied by a valid CVI as required by 302 KAR 20:020, Section 1(3)(c).

(b) A CVI for sale shall include the following:

Consignor's name, address, and the Cervid Chronic Wasting Disease Surveillance and Identification program herd number; and
Consignee's name, address, and Cervid Chronic Wasting Disease Surveillance and Identification program herd number.

(d) A permit shall be obtained from OSV prior to the export, sale, or other movement of all cervids in Kentucky. The permit number shall be recorded on the CVI.

(3) Specific diseases.

(a) Brucellosis. Cervids six (6) months of age or older shall:

Be negative to an official brucellosis test, as defined in 9 C.F.R. Part 78, within thirty (30) days prior to date of sale;
Originate from a brucellosis certified herd; or
Be exempt from testing if:

a. Kentucky has bovine or cervid brucellosis free status; and

b. Brucellosis has not been diagnosed within Kentucky in any class of cervids in the previous five (5) years.

(b) Tuberculosis. Cervids twelve (12) months of age or older shall:

Be negative to a single cervical tuberculin (SCT) test within sixty (60) days prior to date of sale;
Originate from a tuberculosis accredited herd; or
Be exempt from testing if:

a. Kentucky has bovine or cervid tuberculosis free status; and if

b. Tuberculosis has not been diagnosed within Kentucky in any class of cervids in the previous five (5) years.

(4) Other movement. Cervids from captive cervid premises moving to a recognized slaughtering center or a veterinary clinic shall obtain a movement permit from the OSV prior to movement.

Section 12. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Certificate of Veterinary Inspection Form", Kentucky Department of Agriculture, Office of State Veterinarian, KYSV-72, (Apr. 2005);

(b) "Equine Only Certificate of Veterinary Inspection Form", Kentucky Department of Agriculture, Office of State Veterinarian, KYSV-73, (Sept. 2006);

(c) "Small Animal Certificate of Veterinary Inspection Form", Kentucky Department of Agriculture, Office of State Veterinarian, KYSV-74, (Jan. 2006);

(d) "Equine Infectious Anemia (EIA) Test Form", Kentucky Department of Agriculture, Office of State Veterinarian, KYSV-301, (July 2005);

(e) "EIA Laboratory Test Form", USDA APHIS VS Form 10-11, (May 2003);

(f) "Compendium of Animal Rabies Prevention and Control", (2006);

(g) "Non-NPIP Flock Report, Kentucky Department of Agriculture", Office of State Veterinarian, KYSV-800, (Sept. 2005);

(h) "NPIP Flock Certificate", USDA APHIS VS Form 9-3, (June1998); and

(i) "Permit for movement of restricted animals the USDA APHIS", VS Form 1-27, (June 1989).

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Office of State Veterinarian, 100 Fair Oaks Lane, Suite 252, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS Chapter 257, 9 C.F.R. Chapter 1
STATUTORY AUTHORITY: KRS 246.295, 257.030, 257.315, 257.380
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.020(3) requires the board to prevent, control, and eradicate any communicable disease of animals. KRS 257.030(2) authorizes the board to establish necessary quarantines and other measures to control the movement of animals into, through, or within Kentucky. This administrative regulation establishes health requirements for the sale, movement, and exhibition of Kentucky animals within Kentucky.
History: 9 Ky.R. 1348; eff. 7-6-83; Am. 11 Ky.R. 1648; eff. 6-4-85; 12 Ky.R. 221; eff. 9-10-85; 13 Ky.R. 1094; eff. 1-13-86; 14 Ky.R. 854; eff. 12-11-87; 1939; 2184; eff. 5-9-88; 21 Ky.R. 1927; 2488; eff. 4-6-95; 29 Ky.R. 796; 1263; eff. 11-13-02; 34 Ky.R. 390; 525; 785; 1408; eff. 12-12-07; 37 Ky.R. 1031; 1630; eff. 2-4-2011; Crt eff. 2-18-2020.

302 KAR 20:240 Mycobacterium paratuberculosis (Johne's) {#sec-302-kar-20-240 omnilex-key=us-ky-regs-official--title-302--302 KAR 20:240}

Section 1. Definitions.

(1) "Bovine" or "bison" means a sexually intact male or female bovine or bison twelve (12) months of age or older designated to be used for breeding.

(2) "Herd" means all bovine and bison animals that:

(a) Are maintained on common grounds under common ownership or supervision, including an animal which may be geographically segregated; and

(b) Have interchange or movement of animals without regard to health status.

(3) "Herd known to be infected with mycobacterium paratuberculosis" means a herd in which bovine, bison, or other animals on the premises have been determined to be infected with mycobacterium paratuberculosis by an official mycobacterium paratuberculosis epidemiologist or state veterinarian;

(4) "Johne's" means a contagious, infectious and communicable disease caused by mycobacterium paratuberculosis bacteria.

(5) "Management agreement plan" or "MAP" means a plan voluntarily agreed to by the herd owner, designated herd veterinarian, and the Department of Agriculture or state veterinarian that is designed to qualify the herd as mycobacterium paratuberculosis free.

(6) "Negative herd" means a herd that tested negative to an official mycobacterium paratuberculosis test that was given to classify animals in the herd for participation in a voluntary management agreement plan.

(7) "Official eartag" means an identification eartag approved by the Animal Plant Health Inspection Service (APHIS) as being tamper-resistant and providing unique identification for each animal. An official eartag may conform to the alphanumeric National Uniform Eartagging System, or it may bear a valid premises identification number that is used in conjunction with the producer's livestock production numbering system to provide a unique identification number.

(8) "Official individual animal identification" means a set of identifying characters which is uniquely associated with an individual animal, and which consists of one (1) of the following:

(a) The animal's official eartag number;

(b) The animal's breed association tattoo;

(d) A registration freeze brand number which uniquely identifies the animal.

(9) "Official mycobacterium paratuberculosis epidemiologist" means a state or federal veterinarian that is designated by the state veterinarian and the federal veterinarian in charge to investigate, diagnose, and make recommendations concerning an animal affected with mycobacterium paratuberculosis.

(10) "Official mycobacterium paratuberculosis test" means a serological test, fecal culture, DNA probe, or other test that is:

(a) Approved by the state veterinarian for the diagnosis of mycobacterium paratuberculosis; and

(b) Licensed or approved by the United States Department of Agriculture and the Kentucky Department of Agriculture.

(11) "Positive animal" means an animal:

(a) Which has given a positive or suspect reaction to an official serology test or culture positive for the mycobacterium paratuberculosis organism; or

(b) In which the mycobacterium paratuberculosis organism has been found in:

The body of the animal; or
The body discharge of the animal.

Section 2. Voluntary Herd Participants.

(1) The herd owner shall submit a written application requesting the herd be enrolled in a voluntary herd MAP for the control and eradication of mycobacterium paratuberculosis.

(2) The herd owner shall present all eligible animals for inspection and testing and shall provide adequate records to ensure implementation of the herd MAP.

(3) The herd owner shall officially identify all animals upon implementation of a voluntary herd MAP and shall officially identify all natural additions to the herd within seven (7) days following birth.

(4) The herd owner shall maintain adequate fencing to prevent contact with:

(a) A positive animal; or

(b) An animal with an unknown Johne's disease status.

(5) The herd owner shall within seven (7) days notify his veterinarian of all new additions to the herd.

(6) The herd owner shall follow all the guidelines and requirements of the herd MAP. The state veterinarian, the herd owner, and the veterinarian in charge of the herd plan shall approve changes in the MAP.

(7) The herd veterinarian, herd owner, official mycobacterium paratuberculosis epidemiologist, and state veterinarian shall develop a mycobacterium paratuberculosis MAP.

(8) The herd veterinarian shall:

(a) Advise the owner in implementing the herd MAP;

(b) Submit to the Office of the State Veterinarian, Division of Animal Health, a copy of the herd MAP; and

(9) The herd veterinarian shall conduct each quarter an on-site evaluation of the MAP including all management procedures and facilities. These evaluations shall be reported to the state veterinarian. One (1) of the quarterly inspections shall be conducted in the presence of a Board of Agriculture agent designated by the state veterinarian.

(10) The herd veterinarian shall collect samples or specimens that may be necessary to implement the herd MAP. A state or federal approved laboratory shall conduct the tests.

(11) The state veterinarian shall maintain a record of official individual animal identification, a record of all test results, a register of herds enrolled in MAP, and the herd mycobacterium paratuberculosis herd status.

(12) In an agreement with the herd owner and the designated herd veterinarian, the state veterinarian may provide assistance in implementing a MAP and shall review and approve all mycobacterium paratuberculosis MAP.

(13) The state veterinarian shall conduct a minimum of one (1) annual herd inspection.

(14)

(a) The register for herds enrolled in a voluntary Johne's program shall be public information.

(b) Information regarding herd test history or current Johne's herd status shall not be public information.

Section 3. Test Requirements.

(1) A herd not known to be infected with mycobacterium paratuberculosis within the last five (5) years shall be tested as follows:

(a) All animals twenty (20) months of age or older shall have blood collected and a fecal culture for an official mycobacterium paratuberculosis test.

(b) A negative herd blood test and negative fecal culture may qualify the herd to be designated as a Phase III herd and the herd may then be classified as a mycobacterium paratuberculosis (Johne's) test negative herd.

An annual herd test of all animals twenty (20) months of age or older; and
A fecal culture conducted every third year.

(d) If a Johne's positive animal is classified, the herd shall be tested following the requirements established in Section 3(2) of this administrative regulation.

(2) A herd known to be infected with mycobacterium paratuberculosis within the last five (5) years shall be treated as follows:

(a) All animals twenty (20) months of age or older shall have blood collected for an official mycobacterium paratuberculosis test.

(b) All animals twenty (20) months of age or older that are positive to an official serology test shall:

Have a fecal culture for Johne's;
If removal of the animal is requested after a positive official serology test, be "J" punched as set out in paragraph (c) of this subsection and consigned to slaughter only. If the animal is to be slaughtered for home consumption, it shall be slaughtered in an approved state or federal facility; and
Not remain on the premises without being fecal culture tested for Johne's.

(c) A Johne's fecal culture positive animal shall be immediately and permanently identified by punching the letter "J" through the left ear of the animal along with placement of an official eartag, if an official eartag is not already in place. The "J" punch shall be performed by an agent of the board of agriculture as designated by the state veterinarian. An animal so identified shall be consigned to slaughter when removed from the premises. The herd shall be eligible for a second herd test six (6) months after the last known Johne's positive animal has been removed from the herd. The official mycobacterium paratuberculosis epidemiologist and state veterinarian shall determine which tests shall be conducted based on the herd's Johne's prevalence and risk classification.

(d) A complete herd test of all animals twenty (20) months of age or older shall be conducted at six (6) month intervals until the herd is classified as a Johne's test negative herd.

(3) Johne's herd risk classification.

(a) A herd with a Johne's infection rate greater than five (5) percent shall be considered a "high risk" herd.

(b) The herd risk classification shall determine the types of test required to establish a Johne's test negative herd. The official mycobacterium paratuberculosis epidemiologist and the state veterinarian shall determine test requirements.

(4) Herd addition test requirements.

(a) An animal twenty (20) months of age or older shall have a negative serology test within thirty (30) days prior to change of ownership.

(b) A fecal sample shall be submitted for mycobacterium paratuberculosis culture within fifteen (15) days following the animal's introduction to the premises. An animal shall be isolated until the fecal culture has been completed and reported by the laboratory.

(d) Twelve (12) months post introduction into the herd, the animal shall be tested for Johne's by serology and fecal culture.

Section 4. Procedures for Implementing a Mycobacterium Paratuberculosis MAP. The mycobacterium paratuberculosis MAP shall include:

(1) Phase I. Introductory to mycobacterium paratuberculosis MAP.

(a) A clean separate calving area shall be provided for each cow. The area shall be cleaned and disinfected following each calving.

(b) The udder shall be washed prior to calving and care shall be taken to remove all fecal material.

(c) The calf shall be removed from the dam immediately following calving and placed in a clean facility. A calf shall not nurse the dam.

(d) The udder shall be cleaned and disinfected prior to collecting colostrum for the initial feeding.

Except as provided in subparagraph 2 of this paragraph, colostrum shall:

a. Be pasteurized; or

b. Originate from a cow that has had two (2) negative tests at not less than six (6) month intervals.

For an older calf, pasteurized milk or commercial milk replacement shall be used.

(e) Caution shall be taken to prevent feed contamination. Clean feeding equipment shall be used.

(f) An individual hutch or pen shall be used to house a calf. A calf housing facility shall be separate from the adult cattle. A calf shall not have exposure to adult cattle fecal material.

(g) Clean bedding shall be used. Caution shall be taken to prevent the introduction of manure into the calf housing facility by footwear, equipment, or other means. All clothing shall be changed and equipment cleaned and disinfected prior to entering the calf housing area.

(h) A calf shall be housed and pastured in a designated Johne's disease free area. A winter housing area shall be separate and apart from the adult herd.

(i) Clean Johne's free water shall be provided.

The water source shall originate from developed tanks or free-flowing streams.
A stagnant pool shall be fenced to prevent livestock entry.

(j) If it is not practical to separate the calves, the cows shall calve in a large, clean, open pasture area. Cows shall not be brought together or restricted to a small designated area if calving.

(k) The requirements established in this subsection shall have been implemented and approved by the official mycobacterium paratuberculosis epidemiologist and by the state veterinarian. The herd shall participate in Phase I for twelve (12) months.

(2) Phase II. Advanced mycobacterium paratuberculosis MAP.

(a) Mycobacterium paratuberculosis test protocol shall be implemented and all test eligible animals presented for test and culture.

(b) A classified Johne's positive animal shall be isolated and sold for slaughter.

Immediately; or
Prior to eighteen (18) months of age.

(d) An animal with symptoms of mycobacterium paratuberculosis shall be immediately isolated and tested. The requirements established in Section 3(2)(a), (b), and (c) of this administrative regulation shall be completed.

(3) Phase III.

(a) A Phase III herd shall be a herd which has:

Been a qualified Phase II herd for twenty-four (24) months or more; and
Had four (4) consecutive negative herd tests of all eligible animals at not less than six (6) month intervals.

(b) To maintain a Johne's test negative herd, the herd shall have an annual negative herd test of all eligible animals between ten (10) and twelve (12) months of the herd Johne's test negative anniversary date.

Section 5. Loss of Herd Johne's Test Negative Status.

(1) Detection of mycobacterium paratuberculosis by a laboratory procedure shall constitute a suspension of the mycobacterium paratuberculosis negative herd status. The herd shall be removed from the Johne's test negative herd registry.

(2) If there is a loss of Johne's test negative herd status, reestablishment shall be granted after two (2) negative herd tests of all eligible animals have been conducted at six (6) months and twelve (12) months following the loss of Johne's negative herd status.

(3) If a purchased addition causes a loss of Johne's negative herd test status, the state veterinarian, the official mycobacterium paratuberculosis epidemiologist, the herd veterinarian and the owner shall amend the MAP for reinstatement of mycobacterium paratuberculosis Johne's test negative herd status.

Section 6. Proper Test and Culture Payment. If available, the Kentucky Department of Agriculture shall provide funds for laboratory mycobacterium paratuberculosis (Johne's) test culture for a herd enrolled in a MAP. Enrollment in a MAP shall be a requirement for payment of the initial test.

Section 7. Incorporation by Reference.

(1) "Kentucky Department of Agriculture Johne's Herd Management Agreement Plan (MAP) (8/01 edition)" is incorporated by reference.

(2) It may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, 100 Fair Oaks Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS Chapter 257
STATUTORY AUTHORITY: KRS 257.020, 257.030(3), (4), 257.110
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.030 authorizes the board to order and enforce the cleaning and disinfection of premises and all articles and materials by which communicable diseases may be transmitted, and the destruction of diseased and exposed animals, property, and materials. This administrative regulation establishes a voluntary procedure to prevent, control, and eradicate mycobacterium paratuberculosis (Johne's) for bovine and bison.
History: 24 Ky.R. 1795; Am. 2363; eff. 5-13-98; 28 Ky.R. 1493; 1825; eff. 2-11-2002; Crt eff. 2-18-2020.

302 KAR 20:250 Avian influenza {#sec-302-kar-20-250 omnilex-key=us-ky-regs-official--title-302--302 KAR 20:250}

Section 1. Definitions.

(1) "AGID" means Agar Gel Immunodiffusion.

(2) "Clean and disinfected" means the item is free of organic matter and is disinfected with a phenolic or chlorine-based disinfectant or other agent, approved in 9 CFR 71.10, that is viricidal to avian influenza virus.

(3) "Domestic poultry" means chickens, turkeys, quail, pheasants, chukars, peafowl, guineas, ratites, and waterfowl.

(4) "ELISA" means Enzyme Linked Immunosorbent Assay.

(5) "Flock affected with low pathogenic avian influenza" means the subtype H5 or H7 low pathogenic avian influenza virus has been diagnosed in that flock.

(6) "Low pathogenic avian influenza" means the detection of subtype H5 or H7 low pathogenic avian influenza virus by serology, antigen detection, or virus isolation.

(7) "NPIP" means National Poultry Improvement Plan.

(8) "Poultry products" means hatching eggs, chicks, poults, table eggs, litter, and offal, except for processed poultry meat for human consumption.

(9) "State affected with low pathogenic avian influenza" means low pathogenic avian influenza virus has been diagnosed anywhere within the state in chickens or turkeys raised intensively for commercial purposes. A state shall be considered to remain affected with low pathogenic avian influenza until the state has depopulated infected flocks and had no new infection for at least ninety (90) days after depopulation.

Section 2. Live domestic poultry or poultry products originating from any flock affected with low pathogenic avian influenza, including noncommercial poultry, shall not enter Kentucky for any purpose.

Section 3.

(1) Unfed baby chicks or hatching eggs from states affected with low pathogenic avian influenza, including noncommercial poultry, shall enter Kentucky only under the following circumstances:

(a) The unfed baby chicks or hatching eggs originate from a flock that is certified avian influenza clean from the NPIP, with the flock testing negative within thirty (30) days prior to chicks or eggs entering Kentucky, and the shipment is accompanied by a USDA VS Form 9-3 listing test dates, test results, and name of testing laboratory;

(b) The unfed baby chicks or hatching eggs originate from an avian influenza negative flock that participates in an approved state sponsored avian influenza monitoring program, with the flock testing negative within thirty (30) days prior to chicks or eggs entering Kentucky, and the shipment is accompanied by a Certificate of Veterinary Inspection indicating participation and listing the general description of the birds, test dates, test results, and name of testing laboratory; or

(c) The unfed baby chicks or hatching eggs originate from a flock in which a minimum of thirty (30) birds, or the complete flock if fewer than thirty (30), are serologically negative to an ELISA or AGID test for avian influenza within thirty (30) days prior to chicks or eggs entering Kentucky. If more than one (1) house or pen is on the premises, samples from poultry in each house or pen shall be represented in the tests. The shipment shall be accompanied by a Certificate of Veterinary Inspection listing the general description of the birds, test dates, test results, and name of testing laboratory.

(2) All source flocks supplying a hatchery or collection point shall comply with this section in order for any unfed baby chicks or hatching eggs from that hatchery or collection point to be shipped into Kentucky.

(3) Upon confirmation of health requirements and prior to entry into Kentucky, a permit number shall be issued by the Kentucky Department of Agriculture by calling (502) 564-3956, Monday through Friday, 8 a.m. to 4:30 p.m. The permit number shall be recorded on the USDA VS Form 9-3 or the Certificate of Veterinary Inspection.

Section 4. Chicks, poults, or hatching eggs originating from a hatchery or collection point that received eggs from a low pathogenic avian influenza flock shall not enter Kentucky unless:

(1) All eggs from the flocks affected with low pathogenic avian influenza have been removed from the hatchery or collection point;

(2) Following removal of the eggs from the affected flock, the hatchery or collection point and associated equipment, containers, and vehicles have been thoroughly cleaned and disinfected; and

(3) A statement from the owner, manager, or agent verifying compliance with the requirements of this section is included on or attached to the USDA VS Form 9-3 or Certificate of Veterinary Inspection.

Section 5.

(1) Chicks, poults, or hatching eggs entering Kentucky from states affected with low pathogenic avian influenza shall be transported in new disposable containers or reusable containers that have been cleaned and disinfected.

(2) A statement from the owner, manager, or agent verifying compliance the requirement of subsection (1) of this section shall be included on or attached to the USDA VS Form 9-3 or the Certificate of Veterinary Inspection.

(3) Disposable containers and any associated papers with the shipment shall be properly disposed at the point of destination.

(4) Reusable containers shall be cleaned and disinfected a second time at the point of destination.

Section 6. Live poultry and poultry products, except unfed baby chicks and hatching eggs, from states affected with low pathogenic avian influenza may enter Kentucky only under the following circumstances:

(1) A minimum of thirty (30) birds representative of the flock are serologically negative to an ELISA or AGID test for avian influenza within 120 hours of entry and a minimum of ten (10) birds (two (2) pools of five (5) birds each) representative of the flock are tested negative on tracheal swabs to a Directigen test within seventy-two (72) hours of entry. If more than one (1) house or pen is on the premises, samples from poultry in each house or pen shall be represented in the tests. The shipment shall be accompanied by a Certificate of Veterinary Inspection listing the general description of the birds, test dates, test results, and name of testing laboratory; and

(2) Upon confirmation of health requirements and prior to entry into Kentucky, a permit number shall be issued by the Kentucky Department of Agriculture by calling (502) 564-3956, Monday through Friday, 8 a.m. to 4:30 p.m. The permit number shall be recorded on the Certificate of Veterinary Inspection.

Section 7. Poultry originating from Kentucky that have been transported to a state that is affected with low pathogenic avian influenza shall not return to Kentucky until the time that they have met the requirements established in Section 6 of this administrative regulation.

Section 8.

(1) All vehicles associated with transporting poultry or poultry products from states affected with avian influenza shall be cleaned and disinfected prior to loading of poultry or poultry products.

(2) Loaded vehicles shall also have tires, wheels, and undercarriage cleaned and disinfected a second time after leaving the premises and prior to entering Kentucky.

(3) Vehicles used to transport poultry or poultry products that are empty shall be completely cleaned and disinfected inside and outside prior to entering Kentucky.

(4) A statement from the owner, manager, or agent verifying compliance with the requirements of this section shall be included on or attached to the USDA VS Form 9-3 or the Certificate of Veterinary Inspection, if the documents are required by Sections 3 to 6 of this administrative regulation.

Section 9. If the Kentucky Department of Agriculture determines that a state affected with low pathogenic avian influenza poses a risk to Kentucky poultry, then the department may restrict the entry of poultry into Kentucky for the purpose of being offered for sale, barter, exchange, or exhibition in any auction market, marketplace, fair, show, or other event where live poultry are customarily assembled in Kentucky from multiple sources.

Section 10. Penalties for any violation of this administrative regulation shall be in accordance with KRS 257.990.

Section 11. Incorporation by Reference.

(1) "United States Department of Agriculture, Animal and Plant Health Inspection Service, National Poultry Improvement Plan' Report of Sales of Hatching Eggs, Chicks, and Poults', Form VS 9-3, June, 1998" is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the office of the Department of Agriculture, Office of State Veterinarian, 100 Fair Oaks, 2nd Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 257.070(2), 9 C.F.R. 71.10
STATUTORY AUTHORITY: KRS 257.030, 257.070(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.070 requires that importation of animals into Kentucky complies with administrative regulations promulgated by the board. This administrative regulation establishes requirements for entry into Kentucky to prevent the introduction and spread of avian influenza virus into Kentucky domestic poultry.
History: 29 Ky.R. 592; Am. 1265; eff. 11-13-02; Crt eff. 2-18-2020.

Chapter 21 Livestock Care Standards

302 KAR 21:001 Definitions for 302 KAR Chapter 21 {#sec-302-kar-21-001 omnilex-key=us-ky-regs-official--title-302--302 KAR 21:001}

Section 1. Definitions.

(1) "Ambulatory disabled" means being capable of walking, but with a physical impairment that severely limits or threatens the ability to walk.

(2) "Distress" means a condition that occurs when livestock or poultry are injured, sick, or in physical pain.

(3) "Euthanasia" means the act of putting an animal to death by methods specified as acceptable for that species by the 2007 Report of the American Veterinary Medical Association (AVMA) Panel on Euthanasia, incorporated by reference in 302 KAR 21:020.

(4) "Handling" means the moving or confining of livestock or poultry for management practices, relocating, loading, or unloading.

(5) "Housing" means space used to shelter or confine livestock and poultry.

(6) "Management practices" means procedures in livestock and poultry production to improve animal health, reproduction, comfort, safety, productivity, and product acceptability.

(7) "Non-ambulatory disabled" means being unable to rise from a recumbent position or being unable to walk.

(8) "Responsible party" means a person who is the owner of the livestock or poultry or a person who has current responsibility of custody of the livestock or poultry.

(9) "Soring" means:

(a)

An irritating or blistering agent has been applied, internally or externally, by a person to a limb of a horse;
A burn, cut, or laceration has been inflicted by a person on a limb of a horse;
A tack, nail, screw, or chemical agent has been injected by a person into or used by a person on a limb of a horse; or
Any other substance or device has been used by a person on a limb of a horse or a person has engaged in a practice involving a horse; and

(b)

As a result of the application, infliction, injection, use, or practice, the horse suffers, or can reasonably be expected to suffer, physical pain or distress, inflammation, or lameness if walking, trotting, or otherwise moving; and
Shall not include an application, infliction, injection, use, or practice in connection with the therapeutic treatment of a horse by or under the supervision of a person licensed to practice veterinary medicine.

(10) "Veal" means a young bovine harvested at or under 750 pounds, and fed for the purpose of veal meat production.

(11) "Veterinarian-client-patient relationship" is defined by KRS 321.185.

History

RELATES TO: KRS 246.420, 256.010, 257.160, 257.196, 525.130, 7 U.S.C. 2131-2159
STATUTORY AUTHORITY: KRS 257.196
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.196 requires the Board of Agriculture to promulgate administrative regulations establishing on-farm livestock and poultry care standards recommended to it by the Kentucky Livestock Care Standards Commission. This administrative regulation establishes the definitions for 302 KAR Chapter 21.
History: 40 Ky.R. 729; 1729; eff. 3-7-2014; Crt eff. 2-11-2021.

302 KAR 21:020 General livestock and poultry provisions {#sec-302-kar-21-020 omnilex-key=us-ky-regs-official--title-302--302 KAR 21:020}

Section 1. Feed and Water.

(1) Livestock and poultry shall receive feed and water so as to maintain a body condition appropriate for age, use, stage of production, and weather condition.

(2) Feed and water may be withheld for the following reasons:

(a) Specific management practices;

(b) In an emergency situation such as extreme weather condition or loss of utilities; or

Section 2. Space.

(1) Space sufficient to maintain livestock and poultry shall be provided and it may be:

(a) Confined;

(b) Semi-confined; or

(2) If used, facilities may be environmentally controlled.

(3) Separation of individual animals shall be authorized.

(4) Indoor stocking densities shall allow for a single layer of animals.

(5) If fencing is used, it shall be maintained in accordance with KRS 256.010(1).

Section 3. Health care.

(1) Health care sufficient to maintain livestock and poultry shall be provided promptly and it may include:

(a) Use of pharmaceuticals and biologicals. They shall be used in accordance with label directions or as directed by a licensed veterinarian; and

(b) Prescription and extra-label medications. They shall be administered as directed by a licensed veterinarian with a valid veterinarian-client-patient relationship.

(2) Livestock and poultry shall be routinely observed for well-being.

(3) Dead livestock and poultry shall be disposed of pursuant to KRS 257.160.

Section 4. Livestock handling and transport.

(1) The following shall be done in a manner that minimizes the risk of injury:

(a) Handling of poultry and livestock; and

(b) Loading or unloading of livestock and poultry for or from transport.

(2) If used, the following shall be used in a manner that minimizes the risk of injury that is consistent with the manufacturer's recommendations:

(a) Facilities and equipment; and

(b) Handling, sorting, or other devices either to move livestock or for diagnostic evaluation.

(3) Livestock and poultry shall be able to stand in their natural posture or position or rest in a single layer once loaded for transport.

(4) Livestock and poultry shall be loaded in a way that allows fallen animals to rise.

Section 5. Handling of Disabled Livestock and Poultry.

(1) The responsible party for ambulatory disabled, non-ambulatory disabled, or distressed livestock or poultry shall provide appropriate protection from other animals, predators, and weather extremes as required by the condition of the animal.

(2) Ambulatory disabled, non-ambulatory disabled, or distressed livestock or poultry shall have access to water, and if maintained longer than twenty-four (24) hours, access to feed.

(3) Handling and moving of ambulatory disabled, non-ambulatory disabled, or distressed animals shall be done in a manner that minimizes the risk of additional distress.

(4) Non-ambulatory disabled livestock shall be loaded only for transport to a terminal market or for treatment.

(5) Livestock and poultry in severe distress with an irreversible condition shall be euthanized.

Section 6. Preparing animals for exhibition.

(1) Training, fitting, and restraint of livestock or poultry for exhibition shall be performed in a manner that minimizes the risk of injury.

(2) Livestock for exhibition shall not be tampered with pursuant to KRS 246.420.

Section 7. Euthanasia. Euthanasia of livestock shall be performed using the approved methods pursuant to the 2007 Report of the American Veterinary Medical Association (AVMA) Panel on Euthanasia. A licensed veterinarian, law enforcement officer, or approved animal control or humane society personnel may provide assistance in identifying an acceptable method of euthanasia for the current situation and environment.

Section 8. Biosecurity.

(1) Biosecurity protocols and limitation of public access to farms may be established by the responsible party.

(2) Use of animals, devices, or fencing for predator control shall be authorized.

Section 9. Exemptions. This administrative regulation shall not:

(1) Limit or prevent a veterinarian or person under the supervision of a veterinarian from providing necessary care for an animal; or

(2) Apply to the care of livestock and poultry used by an on-farm research facility that is regulated by the United States Department of Agriculture under the Animal Welfare Act, 7 U.S.C. 2131-2159.

Section 10. Incorporation by Reference.

(1) "Report of the AVMA Panel on Euthanasia", June 2007, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, 200 Fair Oaks, 2nd Floor, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m.

History

RELATES TO: KRS 246.420, 256.010, 257.160, 257.196, 525.130, 7 U.S.C. 2131-2159
STATUTORY AUTHORITY: KRS 257.196
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.196 requires the Board of Agriculture to promulgate administrative regulations establishing on-farm livestock and poultry care standards recommended to it by the Kentucky Livestock Care Standards Commission. This administrative regulation establishes general livestock and poultry standards.
History: 40 Ky.R. 730; eff. 3-7-2014; Crt eff. 2-11-2021.

302 KAR 21:030 Beef Cattle, Bison, and Veal Specific Provisions {#sec-302-kar-21-030 omnilex-key=us-ky-regs-official--title-302--302 KAR 21:030}

Section 1. The provisions of 302 KAR 21:020 apply to on-farm livestock and poultry in Kentucky, except as provided by this administrative regulation. This administrative regulation adds additional standards and specifically authorized practices to 302 KAR 21:020 for beef cattle, bison, and veal.

Section 2.

(1) Additional Standards.

(a) Veal calves shall be fed two (2) or more times per day following a regular routine, if not provided unlimited access. On all farms that house veal calves, there shall be access to hot water for the purpose of sanitation and mixing milk-based liquid diet or milk replacer.

(b) During calving, there shall be sufficient space to enable cows to separate themselves from other animals.

(2) Authorized Practices. The following shall be authorized practices:

(a) Group pens and individual pens.

Except as provided by subparagraph 2 of this paragraph, group pens and individual pens for veal calves shall be authorized if the pens allow for air circulation and lighting, allow socialization between veal calves, and allow the calves to stand without impediment, rest in normal postures, groom, and eat.
After December 31, 2017, veal calves shall be raised in group pens;

(b) Castration;

(d) Dehorning;

(e) Identification;

(f) Supernumerary teat removal;

(g) Hoof trimming;

(h) Artificial insemination;

(i) Embryo transfer;

(j) Navel dipping;

(k) Breeding soundness evaluations;

(l) Ear notching; and

(m) Surgery.

History

RELATES TO: KRS 257.196, 525.130
STATUTORY AUTHORITY: KRS 257.196
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.196 requires the Board of Agriculture to promulgate administrative regulations establishing on-farm livestock and poultry care standards recommended to it by the Kentucky Livestock Care Standards Commission. This administrative regulation establishes additional livestock standards and specifically authorized practices for beef cattle, bison, and veal.
History: 40 Ky.R. 732; eff. 3-7-2014; Crt eff. 2-11-2021.

302 KAR 21:040 Dairy Cattle Specific Provisions {#sec-302-kar-21-040 omnilex-key=us-ky-regs-official--title-302--302 KAR 21:040}

Section 2.

(1) Additional Standards.

(a) If used, facilities shall be free of excessive manure.

(b) Calves shall be fed milk or milk replacer until weaned.

(2) Authorized Practices. The following shall be authorized practices:

(a) Tie stalls. Tie stalls shall be authorized if:

Cattle are turned out routinely for exercise;
The tie stalls are designed and maintained so that the length and width provides space sufficient to accommodate the size of the animal's body so that the animal is not forced to lie with her rear quarter contacting the alleyway or gutter; and
Cattle have room to stretch, eat, drink, and eliminate comfortably;

(b) Free stalls. Free stalls shall be authorized if:

The free stalls are designed and maintained so that the length and width provide space sufficient to accommodate the size of the animal's body so that the animal is not forced to lie with her rear quarter contacting the alleyway or gutter; and
Stocking rates allow for adequate time per animal for rest, exercise, and feed and water consumption;

(d) Disbudding;

(e) Tail switch trimming;

(f) Tail docking.

Tail docking may be performed using an elastrator castration band if:

a. It is performed no sooner than the first confirmation of pregnancy;

b. The animal is managed using a dairy herd management system that practices tail docking; and

c. The responsible party provides a fly control program.

All other methods of tail docking shall be performed only by a licensed veterinarian and shall meet the requirements established in subparagraph 1. of this paragraph;

(g) Castration; and

(h) Removal of supernumerary teats. Removal shall be authorized for young heifers. If extra teats are removed within the first six (6) months of life, they shall be removed with an emasculatome, a scalpel, or sharp scissors in a hygienic manner. If extra teats on older calves or heifers are removed, the teats shall be removed under local anesthesia by a veterinarian.

History

RELATES TO: 257.196, 525.130
STATUTORY AUTHORITY: KRS 257.196
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.196 requires the Board of Agriculture to promulgate administrative regulations establishing on-farm livestock and poultry care standards recommended to it by the Kentucky Livestock Care Standards Commission. This administrative regulation establishes additional livestock standards and specifically authorized practices for dairy cattle.
History: 40 Ky.R. 733; eff. 3-7-2014; Cert. eff. 2-10-2021.

302 KAR 21:050 Equine specific provisions {#sec-302-kar-21-050 omnilex-key=us-ky-regs-official--title-302--302 KAR 21:050}

Section 2.

(1) Additional Standards.

(a) Drink. Water containers shall be cleaned regularly and free of any hazard.

(b) Feed. Horses shall be provided a diet sufficient to maintain a healthy weight and body condition. Geriatric or ill horses may have less than an ideal body condition.

Stalls in which horses are housed untethered for more than four (4) hours shall be large enough to allow horses to turn around completely, lie down comfortably, and stand completely erect. Stalls shall have adequate ventilation and drainage and be kept free of excessive waste.
If a horse is tethered, it shall be done in a way and under supervision sufficient to minimize the risk of injury.
Pastures shall be routinely monitored for the presence of hazards.
Space shall be provided for exercise that is sufficient to maintain a horse's health.

(2) Authorized practices. The following shall be authorized practices:

(a) Castration;

(b) Identification;

(d) Shoeing;

(e) Artificial insemination;

(f) Embryo transfer;

(g) Navel dipping;

(h) Breeding soundness evaluations;

(i) Surgery; and

(j) Restraint by use of a twitch.

(3) Unauthorized practices. Soring shall be prohibited.

History

RELATES TO: KRS 257.196, 525.130
STATUTORY AUTHORITY: KRS 257.196
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.196 requires the Board of Agriculture to promulgate administrative regulations establishing on-farm livestock and poultry care standards recommended to it by the Kentucky Livestock Care Standards Commission. This administrative regulation establishes additional livestock standards and specifically authorized practices for equine.
History: 40 Ky.R. 734; eff. 3-7-2014; Crt eff. 2-11-2021.

302 KAR 21:060 Swine Specific Provisions {#sec-302-kar-21-060 omnilex-key=us-ky-regs-official--title-302--302 KAR 21:060}

Section 2.

(1) Additional Standards.

(a) If being transported, swine shall be able to stand in their natural position without touching the top of the transport conveyance.

(b) Body condition may be evaluated using the Pork Quality Assurance Guidelines.

(2) Authorized Practices. The following shall be authorized practices:

(a) Castration;

(b) Needle teeth clipping;

(d) Tail docking;

(e) Identification using ear notching, tattooing, or ear tagging;

(f) Environmentally controlled housing. Swine may be raised in environmentally controlled housing designed in a manner that minimizes the effects of adverse weather conditions;

(g) Stalls, pens, or outdoor lots with shelters if used for gestating sows; and

(h) Crates, pens, or outdoor huts if used for farrowing and lactating sows.

Section 3. Incorporation by Reference.

(1) "Pork Quality Assurance Guidelines", 2013, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, 100 Fair Oaks, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 257.196, 525.130
STATUTORY AUTHORITY: KRS 257.196
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.196 requires the Board of Agriculture to promulgate administrative regulations establishing on-farm livestock and poultry care standards recommended to it by the Kentucky Livestock Care Standards Commission. This administrative regulation establishes additional livestock standards and specifically authorized practices for swine.
History: 40 Ky.R. 736; 1730; eff. 3-7-2014; Crt eff. 2-11-2021.

302 KAR 21:070 Ovine, caprine, camelid, and cervid specific provisions {#sec-302-kar-21-070 omnilex-key=us-ky-regs-official--title-302--302 KAR 21:070}

Section 1. The provisions of 302 KAR 21:020 apply to on-farm livestock and poultry in Kentucky, except as provided by this administrative regulation. This administrative regulation adds specifically authorized practices to 302 KAR 21:020 for small ruminants.

Section 2. Authorized Practices. The following shall be authorized practices:

(1) Ovine:

(a) Castration;

(b) Hoof trimming;

(d) Identification;

(e) Shearing;

(f) Artificial insemination; and

(g) Embryo transfer;

(2) Caprine:

(a) Dehorning;

(b) Disbudding;

(d) Identification;

(e) Shearing;

(f) Artificial insemination; and

(g) Embryo transfer;

(3) Camelids:

(a) Hoof trimming;

(b) Identification; and

(4) Cervids:

(a) Hoof trimming;

(b) Identification;

(d) Embryo transfer.

History

RELATES TO: KRS 257.196, 525.130
STATUTORY AUTHORITY: KRS 257.196
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.196 requires the Board of Agriculture to promulgate administrative regulations establishing on-farm livestock and poultry care standards recommended to it by the Kentucky Livestock Care Standards Commission. This administrative regulation establishes specifically authorized practices for small ruminants.
History: 40 Ky.R. 737; eff. 3-7-2014; Crt eff. 2-11-2021.

302 KAR 21:080 Poultry specific provisions {#sec-302-kar-21-080 omnilex-key=us-ky-regs-official--title-302--302 KAR 21:080}

Section 2.

(1) Additional Standards.

(a) Stocking densities shall allow all poultry to rest or perch at the same time in a single layer.

(b) Ambulatory disabled and non-ambulatory disabled poultry that cannot reach feed or water shall be euthanized.

(2) Authorized Practices. The following shall be authorized practices:

(a) Non-feed withdrawal molt methods for layers and breeders;

(b) Trimming of the beak;

(d) Withholding of feed or water in circumstances such as:

Preparation for administration of vaccines or medication in the water; or
Preparation for transportation; and

(e) Housing methods:

A caged egg production system in an enclosed or open-sided building having some openwork for confining poultry. Types of caged housing systems include conventional, belt-battery, enriched, and reverse;
A cage-free egg production system in an enclosed or open-sided building in which the poultry are free to move within the building. Types of cage-free housing systems include slat floor, litter floor, partial slat or litter floor, stretched wire floor, and aviary systems; and
A free-roam or free-range egg production system where poultry have access to the outside or range and are provided shelter.

(3) Euthanasia or Depopulation. Additional authorized euthanasia or depopulation methods for poultry shall include inhalants such as carbon dioxide, nitrogen or argon, manual cervical dislocation, tool-assisted cervical dislocation, gunshot, blunt force trauma, decapitation, non-penetrating captive bolt, electrocution, maceration, water based foam, and barbiturates.

History

RELATES TO: KRS 257.196, 525.130
STATUTORY AUTHORITY: KRS 257.196
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.196 requires the Board of Agriculture to promulgate administrative regulations establishing on-farm livestock and poultry care standards recommended to it by the Kentucky Livestock Care Standards Commission. This administrative regulation establishes additional standards and specifically authorized practices for poultry.
History: 40 Ky.R. 738; eff. 3-7-2014; Crt eff. 2-11-2021.

Chapter 22 Livestock, Poultry, and Fish

302 KAR 22:010 Procedures for inspection, testing, identification, removal, and disposition of livestock, poultry, and fish {#sec-302-kar-22-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 22:010}

Section 1. After reasonable notice and upon suspicion of communicable disease that presents a risk to livestock, poultry, fish, or public health, the State Veterinarian or the State Veterinarian's representative may enter upon any farm, stockyard, auction barn, or any other place or premises, market, or conveyance where livestock, poultry, or fish are handled, for the purpose of inspecting, examining, or testing the livestock, poultry, or fish for infectious or communicable diseases. The State Veterinarian may brand, tag, or otherwise identify the livestock, poultry, or fish found diseased or exposed to disease and may order quarantine, and after reasonable notice and appraisal, removal or disposition of the livestock, poultry, or fish found to be diseased.

Section 2. The State Veterinarian or an authorized representative may enter any sale or exhibition premises for the purpose of surveillance testing. Surveillance testing may be done at sale and exhibition events for infectious or communicable diseases that present a risk to animal health or to public health.

(1) Testing may be done randomly.

(2) The owner of the animals shall provide premises of origin information, either by an identifier given by the State Veterinarian or a physical road address, on the species being tested, as well as the physical and mailing address of the owners and contact information.

(3) The owner of the animals shall not be responsible for any testing fees for any surveillance program, unless expressly a condition of the sale or event.

(4) Test results shall be provided to the owner, if requested at the time of the sample collection.

History

RELATES TO: KRS 257.010, 257.020, 257.030, 257.120
STATUTORY AUTHORITY: KRS 246.210, 246.220, 257.020, 257.030, 257.110
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.020(3) requires the Board of Agriculture to prevent, control, and eradicate any communicable disease of livestock, poultry, and fish. KRS 257.030(4) authorizes the board to promulgate administrative regulations necessary to administer KRS Chapter 257. This administrative regulation establishes procedures for the Office of the State Veterinarian to access farms or other places for the purpose of testing, inspecting, or examining livestock, poultry, and fish for communicable disease.
History: 46 Ky.R. 2627; eff. 6-30-2020.

302 KAR 22:020 Restriction of transportation of livestock, poultry, and fish {#sec-302-kar-22-020 omnilex-key=us-ky-regs-official--title-302--302 KAR 22:020}

Section 1. Livestock, poultry, and fish known or suspected to be infected with, or exposed to, a communicable or reportable disease or exhibiting clinical symptoms of a communicable or reportable disease, shall not be moved or transported through or within Kentucky without authorization from the State Veterinarian.

History

RELATES TO: KRS 257.020
STATUTORY AUTHORITY: KRS 257.030
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.030(2) authorizes the Board of Agriculture to establish necessary quarantines and other measures to control the movement of animals into, through, or within Kentucky. KRS 257.030(4) authorizes the board to promulgate administrative regulations necessary to administer KRS Chapter 257. This administrative regulation establishes restrictions for the transportation of livestock, poultry, and fish through or within Kentucky to prevent and control the spread of communicable disease.
History: 46 Ky.R. 1380, 2628; eff. 6-30-2020.

302 KAR 22:030 Livestock, poultry, and fish diseases to be reported {#sec-302-kar-22-030 omnilex-key=us-ky-regs-official--title-302--302 KAR 22:030}

Section 1. Duty to Notify.

(1) Every veterinarian, veterinary practice, and personnel; veterinary diagnostic laboratory and personnel; laboratory providing livestock, poultry, or fish diagnostic services for Kentucky; owner of livestock, poultry, or fish; persons associated with any livestock, poultry, or fish; sales or event establishment and personnel; transportation provider; slaughter facility and personnel; or any other person or entity having knowledge of the existence of any reportable disease, as established in Section (2) of this administrative regulation, shall immediately report the disease or condition to the State Veterinarian.

(2) All laboratories providing diagnostic services for Kentucky livestock, poultry, or fish shall give notification pursuant to Section 3 of this administrative regulation.

Section 2. Diseases to be reported.

(1) The following diseases and conditions shall be immediately reported to the State Veterinarian:

(a) Anaplasmosis;

(b) Bluetongue;

(d) Botulism;

(e) Bovine ephemeral fever;

(f) Bovine Leukemia;

(g) Bovine Viral Disease (BVD);

(h) Brucellosis;

(i) Caprine Arthritis Encephalitis (CAE);

(j) Capripoxvirus;

(k) Chronic Wasting Disease;

(l) Clostridium perfringens epsilon toxin;

(m) Coccidiodes immitis;

(n) Epizootic Hemorhagic Disease;

(o) Epizootic lymphangitis;

(p) Equine Herpes (Rhinopneumonitis);

(q) Equine Influenza;

(r) Equine Viral Arteritis;

(s) Getah;

(t) Jembrana;

(u) Louping-ill;

(v) Mycoplasma gallisepticum;

(w) Mycoplasma synoviae;

(x) Paratuberculosis (Johne's disease);

(y) Plague (Yersinia pestis);

(z) Plant and chemical toxicosis;

(aa) Porcine Epidemic Diarrhea;

(bb) Pseudorabies;

(cc) Q Fever;

(dd) Scabies;

(ee) Scrapie;

(ff) Strangles (Streptococcus equi equi);

(gg) Swine influenza virus;

(hh) Tuberculosis;

(ii) Vesicular Stomatitis;

(jj) West Nile Virus;

(kk) The World Organization for Animal Health (OIE) Listed Diseases; and

(ll) United Stated Department of Agriculture National List of Reportable Animal Diseases and Emerging Diseases Framework listed diseases, found at https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/program-overview/ct_national_list_reportable_animal_diseases.

(2) Conditions of any etiology that meet any of the following criteria shall be reported immediately:

(a) Abortion storms in livestock or equine of unknown etiology;

(b) Encephalitis or other central nervous system disease;

(d) Highly infectious conditions of any etiology, known or unknown.

Section 3.

(1) The notification shall be given to the Office of the State Veterinarian, Kentucky Department of Agriculture, 109 Corporate Drive, Frankfort, Kentucky 40601; telephone 502-573-0282.

(2) The person reporting shall submit the:

(a) Name, address, and telephone number of the owner of the equine, livestock, poultry, or fish;

(b) Livestock, poultry and fish species, breed, age, sex, how many affected, and clinical signs;

(d) Name, address, and telephone number of the veterinarian submitting the case; and

(e) Name, address, and telephone number of the person reporting.

(3) A report submitted to the State Veterinarian by a diagnostic laboratory of a condition suspected or diagnosed by a test result or other laboratory procedure shall constitute notification on behalf of the laboratory and the submitting veterinarian or owner.

Section 4. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "The World Organization for Animal Health (OIE) Listed Diseases", 2006. This list may also be found at http://www.oie.int/eng/maladies/en_classification2010.htm?e1d7; and

(b) "United Stated Department of Agriculture National List of Reportable Animal Diseases and Emerging Diseases Framework" 2019.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Division of Animal Health, 109 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 257.020, 257.030, 257.080
STATUTORY AUTHORITY: KRS 257.080
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.080 requires the Kentucky Department of Agriculture to promulgate administrative regulations listing all reportable diseases of livestock, poultry, and fish and set out the conditions under which the diseases shall be reported. This administrative regulation establishes a comprehensive list of reportable diseases and the conditions under which the diseases shall be reported.
History: 46 Ky.R.1751, eff. 2-26-2020.

302 KAR 22:040 Carcass transport and composting {#sec-302-kar-22-040 omnilex-key=us-ky-regs-official--title-302--302 KAR 22:040}

Section 1. Carcass Transportation.

(1) In fulfilling the requirements of KRS 257.160, a carcass shall only be transported if:

(a) The carcass is covered with a tarpaulin or other heavy material so that no portion of the dead carcass can be exposed; and

(b) The bottom and sides of the truck or trailer used for transport are made of solid material that will not allow for leaks.

(2) The carcass shall not be transported in a truck or trailer with no sides or with sides made of slat material with openings between slats.

(3) Commercial collection services shall follow the requirements found in KRS Chapter 263.

Section 2. Composting Site Registration.

(1) Commercial or regional composting facilities, not on an agriculture operation, shall register with the State Veterinarian by submitting in writing the name and address of the composting facility owner, the location of the composting facility, and a description of the facility.

(2) Registration of composting facilities shall not be required for an agriculture operation, if composting is not for a commercial purpose.

Section 3. Composting Facilities.

(1) All composting facilities shall be constructed to meet:

(a) Guidelines established by the University of Kentucky College of Agriculture Cooperative Extension Service publication "On-Farm Composting of Animal Mortalities: ID-166"; and

(b) The requirements of the Kentucky Agriculture Water Quality Plan.

(2) All processing of dead livestock, fish, and poultry shall be done within the composting facility.

(3) Hazardous materials shall not be used in the composting procedure.

(4) Reasonable and cost-effective efforts shall be taken to prevent odor, insects, and pests. All carcasses shall be inaccessible to scavengers, livestock, and poultry.

(5) Ruminant livestock may have the rumen vented prior to composting.

(6) Any carcasses not completely composted shall be disposed of in a manner consistent with KRS 257.160.

(7) All composting facilities shall be subject to inspection by the State Veterinarian or his representative.

Section 4. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) University of Kentucky College of Agriculture Cooperative Extension Service publication "On-Farm Composting of Animal Mortalities: ID-166", 5-2013; and

(b) "Kentucky Agriculture Water Quality Plan", December 2018.

History

RELATES TO: KRS 257.030, 257.160, Chapter 263
STATUTORY AUTHORITY: KRS 257.030, 257.160
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.160 authorizes the Board of Agriculture to promulgate administrative regulations to establish requirements for the disposition of livestock, fish, and poultry carcasses. This administrative regulation establishes requirements for carcass movement and other disposition details.
History: 46 Ky.R. 1381, 2628; eff. 6-30-2020.

302 KAR 22:050 Stockyards {#sec-302-kar-22-050 omnilex-key=us-ky-regs-official--title-302--302 KAR 22:050}

Section 1. General Requirements.

(1) All stockyards shall apply annually, on or before July 1, to the Office of the State Veterinarian (OSV) for a license to operate in accordance with KRS Chapter 261, by submitting the form Application for Kentucky Stockyard Approval.

(2) All stockyards shall be maintained in a workable and sanitary condition. Stockyards shall be inspected as required by the OSV, based on sanitation and safety.

(3) After an occurrence of any infectious, contagious, parasitic, or communicable disease of livestock in a stockyard, exposed facilities capable of transmitting disease shall be cleaned and disinfected according to 9 C.F.R. 71.10, 71.11, and 71.12, and at the direction and under the supervision of the OSV.

(4) Livestock found to be infected and showing clinical or diagnostic symptoms of an infectious, contagious, parasitic, or communicable disease shall, upon recommendation of the market veterinarian or representative of the OSV, be quarantined in an isolated portion of the yards for treatment, additional diagnostic laboratory procedures, disposition to slaughter, or other disposition pursuant to accepted methods of disease prevention and control.

(5) All livestock originating from a quarantined herd or premises shall be sold only with specific written approval from the OSV, for immediate slaughter.

(6) A bill of sale or other document showing the number of livestock, purchaser, and physical description shall be given to the purchaser. The purchaser shall be responsible for providing any necessary documentation required for movement to the entity hauling livestock away from the facility.

(7) It is the responsibility of the seller to document and identify livestock prior to the sale as if they are moving under 9 C.F.R. 86. This shall include official identification for all sexually intact cattle over eighteen (18) months of age, and dairy heifers. Sellers may elect to have the stockyards perform these requirements at the expense of the seller.

(8) Stockyards shall submit to the OSV a Stockyards Multipurpose Form within seven (7) calendar days of a sale. Beginning January 1, 2021 the Stockyards Multipurpose Form or the contents therein shall be submitted to the OSV electronically as an excel or other importable format.

(9) The person operating a stockyard shall provide separate pens for isolating animals classed as reactors to brucellosis or any contagious, infectious, or communicable disease.

(a) The pens shall be permanently identified as isolation or quarantine pens, and these words shall be legibly and prominently posted on the pen gates.

(b) The pens shall be constructed so as to facilitate easy cleaning and disinfecting after each use.

(c) The pens shall have concrete floors and complete walls with no fences or gates to permit contact with adjacent animals.

(d) Any watering troughs or feed bunks in the isolation or quarantine pens shall be located so that no other livestock in the market can access them at any time.

(e) All diseased animals shall be yarded in the isolation or quarantine pens and shall be sold last.

(f) The animals shall be identified as reactors or diseased animals on the invoices of both the buyer and the seller.

(g) The isolation or quarantine pens shall not be used at any time except for known or suspected contagious, infectious, or communicable disease reactors, or diseased animals.

(h) Livestock from these pens shall move directly to a recognized slaughter establishment or to any place that is requested and authorized by the OSV in writing.

(i) Isolation, or quarantine pens may be used if necessary and if prior approval for the use of the pens has been obtained from an agent of the OSV. Temporary pens shall be identified as isolation or quarantine pens as provided in this section.

(10) The owner operating a stockyard shall provide adequate space, utilities, hot water, and assistance for the market veterinarian to carry out the provisions of this administrative regulation. All licensed Kentucky livestock markets shall comply with this subsection to assist the market's official market veterinarian. This space shall:

(a) Be constructed and equipped so as to be maintained at room temperature (normal working temperature) in both summer and winter (i.e., heaters and air conditioners);

(b) Contain a sink with hot and cold running water;

(d) Be constructed so that the market veterinarian shall have sufficient space and privacy to conduct the required tests and fill out the associated records and forms;

(e) Be constructed so that it can be kept clean easily and locked at all times if not in use;

(f) Contain a work counter and sufficient shelf space, cabinets with locks, and storage space to keep forms, ear tags, and other supplies as required by the official market veterinarian in carrying out his or her duties;

(g) Be supplied with adequate artificial light. The electrical wiring shall be adequate to carry at a minimum a centrifuge, electrical refrigerator, and cooling facility and have at least two (2) additional electrical outlets; and

(h) Be located so as to be convenient for the public and the veterinarian while conducting his or her duties as the official market veterinarian.

(11) The owner or operator shall provide and maintain one (1) or more cattle chutes suitable for restraining animals for inspection of any infectious, contagious, or parasitic condition, testing, tagging, branding, and other procedures routinely required in providing livestock sanitary services and identification for movement at stockyards.

Section 2. A Stockyard Must Employ a Market Veterinarian. The owner or manager operating a stockyard shall arrange for an USDA accredited, Kentucky licensed veterinarian, approved by the State Veterinarian, to be available to carry out the provisions of this administrative regulation.

(1) A veterinarian seeking to be designated as an official market veterinarian shall submit a completed form Responsibilities of the Market Veterinarian form.

(2) The official market veterinarian shall be responsible for providing a replacement veterinarian, approved by the State Veterinarian, if he or she finds it necessary to be absent from the market.

(3) The failure or neglect to properly perform any of the responsibilities and duties of the official market veterinarian shall be cause for termination.

(4) The stockyard shall not conduct a sale without an approved official market veterinarian.

Section 3. Veterinary Compensation. The fees shall be deducted from the seller's check or added to the buyer's check, depending upon conditions of sale, and shall be paid to the market veterinarian. Any deductions shall be printed on the sales documents.

Section 4. Veterinary Duties. The market veterinarian, in cooperation with a representative from the department, shall:

(1) Be available to inspect livestock to clarify the health status of the animals and to qualify the animals for interstate movement;

(2) Collect blood and tissue samples and submit samples to a state-federal approved laboratory to qualify animals for movement as required;

(3) Visually inspect livestock for clinical signs of a contagious, infectious, or communicable disease prior to the sale;

(4) Report the presence of any animal showing symptoms suggestive of a reportable disease or any other disease that could cause animals to become infected or exposed to a communicable livestock disease;

(5) Forward copies of all forms to the Office of the State Veterinarian. All official forms, certificates, or documents shall be dated and signed by the agent of the market. An official document shall not be presigned by any veterinarian under any circumstance;

(6) Prevent the transmission of infectious agents to livestock; and

(7) Not resign market duties without written notice to the sale company and the State Veterinarian's office at least ten (10) days prior to resignation.

Section 5. Records Required. The owner or operator shall maintain records of the seller and purchasers of all livestock for at least five (5) years. These records shall be made available to OSV representatives for inspection upon request during regular business hours.

Section 6. Swine Requirements. A qualifying stockyard shall select designation as either an all class swine market or a slaughter only market at the time of application.

(1) All class swine stockyards shall:

(a) Maintain well-constructed pens and swine handling facilities that are clean and in good repair;

(b) Provide pens surfaced with impervious material for holding and handling all swine;

(d) Clean and disinfect handling and holding pens and alleys after being used by each lot of swine. Procedures for cleaning and disinfecting shall be performed according to 9 C.F.R. 71.10, 71.11, and 71.12;

(e) Maintain records of origin and the buyer for all swine entering market and grant federal and state inspectors access to the records. Identification as to farm where farrowed shall be maintained for all feeder pigs and breeding stock and all slaughter swine, which may be diverted for purposes other than slaughter. Records shall be maintained for at least five (5) years;

(f) Place feeding and breeding swine in pens separate and apart from slaughter swine;

(g) Deliver sine designated for slaughter directly to an approved slaughter establishment with no diversion en route. The stockyard shall record the name and information of the slaughter facility destination. All swine exiting the stockyard shall require official identification as required in 9 C.F.R. 71.19. The stockyard shall record the owner and premises of destination information; and

(h) Not permit feeder pigs or breeding swine to remain in the market more than seventy-two (72) hours.

(2) Slaughter swine stockyards

(a) Swine moving interstate to the stockyard shall be identified in accordance with 9 C.F.R. Part 71.

(b) Slaughter swine stockyards shall maintain well-constructed pens and swine handling facilities that are clean and in good repair.

(c) Slaughter swine stockyards shall maintain records of origin and destination for all swine entering market and grant federal and state inspectors access to the records. Records shall be maintained for at least one (5) year.

(d) Slaughter swine stockyards shall isolate all swine suspected of being affected with or exposed to an infectious disease, promptly notify the state or federal agency, and hold the swine in isolation pending instructions on disposition.

(e) Slaughter swine stockyards shall clean and disinfect holding and handling pens, alleys, and other facilities used in selling swine according to 9 C.F.R. 71.10, 71.11, and 71.12.

(f) Swine entering onto the stockyards premises shall be only for slaughter, and swine shall not be permitted to leave the stockyard premises for any purpose other than slaughter.

(g) All swine shall be delivered directly to an approved slaughter establishment with no diversion en route, except for swine designated as farm slaughter. The stockyard shall record the name and information of the slaughter facility destination.

(h) The number of swine purchased for farm slaughter for family consumption only shall not exceed six (6) head of animals per premises within twelve (12) months.

(i) Farm slaughter swine shall not be commingled with other swine on the purchaser's premises.

(j) The purchaser of farm slaughter swine shall document slaughter of animals within seven (7) days of purchase. This record shall be made available to the OSV upon request.

(k) All swine exiting the stockyard shall require official identification as required in 9 C.F.R. 71.19. The stockyard shall record the owner and premises of destination information.

Section 7. Sheep and Goat Requirements.

(1) All sheep and goats shall be required to be tagged with an Official Scrapie Tag prior to unloading into the stockyards facility.

(2) All sheep or goats that show evidence of an infectious, contagious, communicable, or parasitic disease shall be moved only with permission of the OSV.

Section 8. Horse Requirements. All equine presented shall require a valid CVI and a negative Equine infectious anemia test prior to entering the stockyards premises.

Section 9. Material Incorporated by Reference.

(1) The following material is incorporated by reference:

(a) "Application for Kentucky Stockyard Approval", 2020;

(b) "Stockyards Multipurpose Form", 2020

(d) "Owner-Shipper Statement", 2020.

History

RELATES TO: KRS Chapter 257, 261, 9 C.F.R. 71.10, 71.11, 71.12, 71.19, 86
STATUTORY AUTHORITY: KRS 257.020, 257.030
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.020(3) requires the Board of Agriculture to prevent, control, and eradicate any communicable disease of livestock. KRS 257.030(4) authorizes the board to promulgate administrative regulations necessary to administer any provision of KRS Chapter 257. This administrative regulation establishes operational procedures for all stockyards relative to disease control.
History: 46 Ky.R. 2263, 2970; 47 Ky.R. 60; eff. 9-17-2020

302 KAR 22:070 Restrictions on biological materials in Kentucky {#sec-302-kar-22-070 omnilex-key=us-ky-regs-official--title-302--302 KAR 22:070}

Section 1. Live pathogenetic bacteria, virus, or disease producing agents of animal origin shall not be shipped, transported, or cause to be imported into the Commonwealth of Kentucky without prior written consent based on material type of the Office of the State Veterinarian (OSV). Requests for consent by the OSV shall be emailed or sent by U.S. mail to the Office of the State Veterinarian.

Section 2. All biological materials for immunization, treatment, or diagnostic purposes for livestock, poultry, or fish in the Commonwealth shall be approved in advance of use by the OSV or the United State Department of Agriculture upon written notice being provided to the OSV.

Section 3. Any entity distributing BVD-PI diagnostic tests shall request approval from the OSV, and shall maintain records for at least five (5) years after the sale, and shall make these records available to the Office of the State Veterinarian upon demand.

Section 4. Disease-producing organisms shall not be sold in or shipped to the Commonwealth of Kentucky unless the buyer or recipient is a licensed veterinarian, pharmacist, or entity authorized under Kentucky Revised Statutes to receive, hold, and sell biologics.

History

RELATES TO: KRS 257.020
STATUTORY AUTHORITY: KRS 257.030
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.030(4) authorizes the Board of Agriculture to promulgate administrative regulations to carry out the provisions of KRS Chapter 257. This administrative regulation establishes requirements to prevent and control the spread of communicable disease in livestock, poultry, and fish by restricting unauthorized use of biological materials in Kentucky.
History: 46 Ky.R. 1753, 2628; eff. 6-30-2020.

302 KAR 22:080 Feed restrictions {#sec-302-kar-22-080 omnilex-key=us-ky-regs-official--title-302--302 KAR 22:080}

Section 1. Definition. "Garbage" means:

(1) All animal and vegetable waste resulting from the handling, preparation, consuming, and cooking of food;

(2) Unconsumed food in all public and private establishments and residences; and

(3) The offal and carcasses of dead animals, poultry, and fish or parts thereof.

Section 2. Feeding Garbage to Swine Prohibited. A person shall not feed treated or untreated garbage to swine.

Section 3. Penalties. The department may file an action in the court of jurisdiction to seek injunctive relief for a violation of this administrative regulation. Each day upon which a violation occurs shall constitute a separate violation.

History

RELATES TO: KRS 257.020, 257.990(1)(a)
STATUTORY AUTHORITY: KRS 257.020(3), 257.600
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.600 requires the Department of Agriculture to promulgate administrative regulations governing the feeding of untreated garbage to swine to prevent the transmission of disease. KRS 257.020(3) requires the Board of Agriculture to prevent, control, and eradicate any communicable disease of livestock. This administrative regulation prohibits the feeding of treated or untreated garbage to swine to prevent the transmission of viral, bacterial, and parasitical diseases to people and animals.
History: 46 Ky.R. 1382, 2629; eff. 6-30-2020.

302 KAR 22:130 Equine {#sec-302-kar-22-130 omnilex-key=us-ky-regs-official--title-302--302 KAR 22:130}

Section 1. Definitions.

(1) "Accredited veterinarian" means a veterinarian accredited by the USDA in accordance with the provisions of 9 C.F.R. 161.1 to 161.4.

(2) "Animal health authority" means the person or entity holding the title of state veterinarian or chief livestock official in any particular state or region.

(3) "Book" or "booking" means the contracting or scheduling of a mare to breed to a stallion.

(4) "Breeding" or "bred" means the natural covering of a mare.

(5) "CEM" means contagious equine metritis.

(6) "CEM infected stallion" means a stallion proven or believed to be a carrier of the CEM organism.

(7) "Certificate of Veterinary Inspection" or "CVI" means an official document approved by the chief animal health authority of the state of origin or by USDA APHIS VS to verify the completion of a veterinary inspection by a licensed and USDA accredited veterinarian.

(8) "Certificate of Veterinary Inspection Reconsignment Form" means an official document, on a form approved by the animal health authority of the state of origin, that is attached to a valid CVI for the movement of animals from a sale to the buyer's premises.

(9) "CF test" means a complement-fixation test on equine serum for the detection of specific antibodies to the contagious equine metritis bacterium.

(10) "Cover" means the act of breeding a stallion to a mare.

(11) "Directly" means moved by a means of conveyance, without stopping to unload while en route, except for stops of less than twenty four (24) hours to feed, water, or rest the animals being moved, and with no commingling of animals at stops.

(12) "EAV" means equine arteritis virus, the organism that causes the disease equine viral arteritis.

(13) "EIA" means equine infectious anemia.

(14) "EVA" means equine viral arteritis, which is a communicable disease in equines.

(15) "EVA sero-negative" means a horse has reacted negatively to a blood test for EVA.

(16) "EVA sero-positive" means a horse has demonstrated a positive reaction in serum neutralization with a titer of greater than one (1) to four (4) to a blood test for EVA.

(17) "EVA vaccinated" or "vaccination" means an equine has been vaccinated with an approved EVA modified live virus vaccine and the vaccination status has been kept current in accordance with the manufacturer's recommendations.

(18) "Exhibition" means a fair, show, exposition, rodeo, competition, trail ride, or racing event, any presentation that might result in a transfer of ownership, or any presentation for sale.

(19) "High risk mare" means a mare that is culture positive or complement-fixation (CF) positive after being bred to an CEM Infected stallion before stallion was removed from service and treated.

(20) "Interstate movement" means movement from one (1) state into or through any other state.

(21) "Intrastate movement" means movement solely within the boundaries of the Commonwealth of Kentucky.

(22) "Kentucky approved veterinarian" or "KAV" means a licensed veterinarian who is accredited to do regulatory work by the USDA and who has physically demonstrated proper swabbing and sampling methods to a representative of the Office of the State Veterinarian.

(23) "Location identification number" or "LID" means a nationally unique number issued by a state, tribal, or federal animal health authority to a location as determined by the state or tribe in which it is issued. The LID number can be used in conjunction with a producer's own unique livestock production numbering system to provide a nationally unique and herd-unique identification number for an animal. It can also be used as a component of a group or lot identification number (GIN).

(24) "Maiden mare" means a female equine over 731 days of age that has not been covered by a stallion.

(25) "Mare" means a female horse over 731 days of age.

(26) "Medium risk mare" means a mare that is CF negative and culture negative but bred to an CEM Infected stallion prior to treatment.

(27) "Move" means to carry, enter, import, mail, ship, or transport; to aid, abet, cause or induce carrying, entering, importing, mailing, shipping, or transporting; to offer to carry, enter, import, mail, ship, or transport; to receive in order to carry, enter, import, mail, ship, or transport; or to allow any of these activities.

(28) "National Uniform Eartagging System" or "NUES" means a numbering system for the identification of individual animals in the United States that provides a nationally unique identification number for each animal.

(29) "Office of State Veterinarian" or "OSV" means that section of the Kentucky Department of Agriculture in KRS 246.030.

(30) "Official eartag" means an identification tag approved by APHIS that bears an official identification number for individual animals. Beginning March 11, 2014, all official eartags manufactured bear an official eartag shield. Beginning March 11, 2015, all official eartags applied to animals must bear an official eartag shield. The design, size, shape, color, and other characteristics of the official eartag will depend on the needs of the users, subject to the approval of the USDA administrator. The official eartag is be tamper-resistant and has a high retention rate in the animal.

(31) "Official identification number" or "OID" means a nationally unique number that is permanently associated with an animal or group of animals and that adheres to one (1) of the following systems:

(a) National Uniform Eartagging System (NUES);

(b) Animal identification number (AIN);

(d) Any other numbering system approved by the Administrator for the official identification of animals, including a group identification number;

(e) The animal's breed association tattoo registration number, or freeze brand number that uniquely identifies the animal, if accompanied by the registration documents; or

(f) Tattoo.

(32) "Owner" is defined by KRS 257.010(11) and means any person owning or leasing from another, or having in charge any equine.

(33) "Person" means any individual, corporation, company, association, firm, partnership, society, joint stock company, or other legal entity.

(34) "Premises identification number" or "PIN" means a nationally unique number assigned by a state, tribal, or federal animal health authority to a premises that is, in the judgment of the state, tribal, or federal animal health authority, a geographically distinct location from other premises. The PIN can be used in conjunction with a producer's own livestock production numbering system to provide a nationally unique and herd-unique identification number for an animal. It can be used as a component of a group or lot identification number (GIN).

(35) "Radio Frequency Identification Device" or "RFID" means a device electronically encoded with a unique identification and that meets the applicable International Standards Organization (ISO) standards.

(36) "Set of CEM swabs" means:

(a) For a female equine, a swab obtained from the clitoral sinus and clitoral fossa; and

(b) For an intact male equine, a swab obtained from the prepuce, the urethral sinus, and the fossa glandis, including the diverticulum of the fossa glandis.

(37) "Shedder" or "shedding" means an equine has been determined to have EAV in its body and is capable of transmitting the EAV to other equine.

(38) "Stallion" means a male horse, other than a gelding, over 731 days of age.

(39) "USDA" means the United States Department of Agriculture.

(40) "USDA APHIS VS" means the USDA, Animal Plant and Health Inspection Service, Veterinary Services.

Section 2. Certificate of Veterinary Inspection.

(1) CVI Expiration Period.

(a) A CVI shall remain valid for thirty (30) days after date of issuance, for all purposes except intrastate exhibition.

(b) A CVI for intrastate exhibition shall remain valid for the duration of the EIA test certificate's validity, but shall not remain valid for more than one (1) year from the date the CVI was issued.

(2) A CVI shall contain:

(a) Identification of each animal recorded on the certificate;

(b) An official identification (OID) for each equine;

(d) The name and address of the owner or agent shipping the animal;

(e) The location from which the animal is loaded for movement;

(f) The name and address of the person receiving the animal;

(g) The location at which the animal will be received;

(h) The purpose of the movement and the total number of animals;

(i) All blank spots for data are crossed out by the accredited Veterinarian prior to signing;

(j) The import permit or movement number issued by the OSV;

(k) The following statement or one substantially similar: "I certify as an accredited veterinarian that the above described animals have been inspected by me on this date and that they are not showing signs of infection or communicable disease (except if noted). The vaccinations and results of tests are as indicated on the certificate. To the best of my knowledge, the animals listed on this certificate meet the state of destination and federal interstate requirements."; and

(l) The signature, date of signature, and licensure number of the accredited veterinarian.

(3) If the accredited veterinarian uses a paper CVI.

(a) The first physical page shall be mailed or otherwise delivered to the OSV within seven (7) days of the date it is written.

(b) An exact replica image (a photocopy) of the first page may be submitted in lieu of the first physical page.

(d) The third page shall be sent to the Animal health authority in the state of destination within seven (7) days of the date it is written.

(e) The fourth page shall be retained by the issuing veterinarian for a period of at least five (5) years from the date of issuance.

(f) A legible copy of any supplemental pages shall have its identification on the CVI stapled to the original and each copy of the CVI.

(g) Any equine listed on the CVI, but not moved, shall be struck through and initialed.

(4) Electronically submitted CVI.

(a) A CVI or permit may be submitted via an importable format as allowed by USAHA AHSIS Subcommittee on Data Standards standard XML schema document.

(b) Animals moving with an electronically submitted CVI shall be accompanied by a paper copy or have the electronic material stored on a device that can be read immediately upon request.

(5) CVI Reconsignment Form. Sale animals purchased at a Kentucky sale venue may move to the buyer's destination with a CVI Reconsignment Form attached to the original CVI for the sale if:

(a) The animal health authority in the state of destination agrees to accept a reconsigned CVI;

(b) The animal shall reach its final destination within thirty (30) days from the date stated on the original CVI;

(c) The requirements of the state of destination, including required test results, have been met and denoted on the CVI Reconsignment Form; and

(d) The reconsigning veterinarian submits the Reconsignee Certificate and a copy of the original CVI to the animal health authority in the state of destination and to the OSV within seven (7) days of the date of reconsignment, and meets the other requirements established in subsection (3) of this section for paper submission or subsection (4) of this section for electronic submission.

Section 3. Movement Permit.

(1) A permit for interstate movement into Kentucky shall only be required during times of equine disease outbreaks, or from areas where an outbreak has occurred. Persons wishing to move equine interstate into Kentucky shall consult any applicable requirements as found on the Web site at www.kyagr.com. Instructions and a permit, if required, may be obtained on the Web site.

(2) Entry permit instructions may be obtained by calling the OSV at 502-573-0282, Monday through Friday, 8 a.m. EST to 4:30 p.m. EST.

(3) Required testing or vaccinations. All required tests and vaccinations shall be performed by:

(a) A licensed and accredited veterinarian;

(b) A representative of the State Veterinarian; or

(4) Required tests shall be conducted at no expense to the Commonwealth of Kentucky.

(5) Required laboratory tests shall be conducted in a state-federal approved laboratory.

Section 4. Official Identification and Other Acceptable Identification. Methods of official identification. The official individual identification shall consist of a set of alphanumeric characters or physical characteristics that shall be uniquely associated with an individual equine as established in subsections (1) through (5) of this section. Required information shall include:

(1) A written or graphic description of an equine that uniquely identifies that equine and includes the:

(a) Breed;

(b) Age;

(d) Distinctive markings; and

(e) Gender and sexual status;

(2) An official breed association tattoo, tag, or photograph;

(3) A microchip that complies with ISO 11784/11785;

(4) A non-ISO electronic identification injected to the equine on or before March 11, 2014; or

(5) An RFID, only one (1) of which shall be placed on an animal, if the RFID:

(a) Uniquely identifies the animal;

(b) Is attached to or implanted in the animal; and

Section 5. Premises of Origin Information.

(1) Premises of origin information shall be provided about premises from which the equines were loaded.

(2) The premises of origin information of the specific location the equines were loaded shall include:

(a) A PIN or LID issued by the USDA, OSV, or the animal health authority in the state of origin or the physical address of the location or origin; and

(b) The equine owner at the time of movement and that owner's address and contact information.

Section 6. Requirements for Interstate Movement into Kentucky. An equine shall not enter Kentucky without having a valid CVI and either a Form VS 10-11, or an EIA test form verifying negative EIA from a laboratory approved by the USDA, within the past twelve (12) months; except if the equine:

(1) Has a valid Equine Interstate Event Permit;

(2) Is an unweaned foal accompanied by their dam, in which case, the foal shall be exempt from the EIA test requirement or a VS 10-11;

(3) Is directly moving to a Kentucky veterinary facility; or

(4) Is directly moving to an approved Kentucky horse sale.

Section 7. Requirements for Movement within Kentucky.

(1) Equines moving intrastate for sale, racing, change of ownership, exhibition, or into a public stable, fairgrounds, or showgrounds shall comply with paragraphs (a) and (b) of this subsection.

(a) CVI or Equine Interstate Event Permit.

Equines moving intrastate shall be accompanied by a valid CVI.
A CVI for change of ownership or sale shall be valid for thirty (30) days from the date of issuance.
A CVI for intrastate exhibition shall remain valid for the duration of the EIA negative test result certificate date, but shall not exceed one (1) year from the date of CVI issuance.
An Equine Interstate Event Permit issued within the previous twelve (12) months shall be accepted in lieu of a CVI and EIA test report for exhibition purposes.
A CVI or an Equine Interstate Event Permit shall be void upon change of ownership.

(b) Equine Infectious Anemia (EIA) test results.

Except for unweaned foals accompanied by their dam, equines shall be negative to an USDA official test for EIA within the previous twelve (12) months.
A copy of Form VS 10-11 or an EIA test form verifying a negative EIA test result from a laboratory approved by the USDA shall accompany the CVI. The laboratory accession number and date of test shall be recorded on the CVI.
Unweaned foals accompanied by their dam shall be exempt from EIA test requirements.

(2) Equine exempt from intrastate movement requirements.

(a) Equines moving farm-to-farm with no change of ownership or to a veterinary facility shall not be required to obtain a CVI or negative EIA test result.

(b) Equines moving directly to an approved Kentucky horse sale shall meet the requirements established in section 17 of this administrative regulation.

Section 8. Requirements for Movement for Export from Kentucky. Equines being moved for export from Kentucky shall have movement documentation and any applicable permits as required by the state of destination, and have these documents immediately available for inspection.

Section 9. Requirements for Interstate Movement through Kentucky. Equines being moved interstate through Kentucky shall have movement documentation and any applicable permits as required by the state of destination, and have these documents immediately available for inspection.

Section 10. Extended Equine CVI Program.

(1) The Extended Equine CVI shall be accepted from equines from any states participating in a Memorandum of Agreement with Kentucky. The participating states are four (4) at the link: https://www.globalvetlink.com/eecvi/.

(2) The Extended Equine CVI shall be issued through Global Vet Link, and shall be valid for six (6) months from date of issue for out-of-state equines.

(3) The Extended Equine CVI shall be valid until one (1) year after date of issue for intrastate movement for exhibition or until the expiration of the EIA test, whichever occurs first.

(4) Each equine shall have a permanent individual animal identification in the form of a unique identifier, lip tattoo, brand, electronic implant, or digital photograph, which shall be referenced on the issued permit.

(5) An accurate event itinerary log shall be in the owner or transporter's possession documenting each equine movement during the period of permit.

Section 11. Treatment of Imported Mares.

(1) A mare imported into Kentucky for breeding from a country known to be affected by Contagious Equine Metritis (CEM) shall be tested and treated for CEM by or under the direct supervision of a KAV who is approved by the Kentucky Department of Agriculture according to the procedures established in this section.

(a) Prior to the mare's arrival, the premises shall be inspected by a representative of the OSV in accordance with USDA Veterinary Services Guidance 13406.1 and an to Import Mare Worksheet form shall be completed at the time of inspection and signed by the farm manager or authorized representative.

(b) Upon arrival, the mare shall be placed in quarantine until released by the OSV.

(c) Following arrival, the Kentucky approved veterinarian shall determine the mare's pregnancy status, review the prescribed testing and treatment schedule, and submit to the OSV the reported findings and acceptance, or required amendments to the testing schedule, based on the conditions of the mare by completing the Import Mare Pregnancy and Schedule form.

(d) During the course of the quarantine, the Kentucky approved veterinarian shall collect and submit for CEM culture three (3) sets of swabs from the mare. The sets of swabs shall be collected during a twelve (12) day period with at least of seventy-two (72) hours lapsing between each set being collected. Mares determined and reported to be non-pregnant shall have an additional swab collected from the endometrium or distal cervix to be included with the third set of CEM swabs.

(e) Following the third set of CEM swabs being submitted for culture, the Kentucky approved veterinarian shall manually remove all organic debris from the clitoral fossa and sinuses. The sinuses shall then be flushed with an approved ceruminolytic agent until all remaining debris has been removed. The Kentucky approved veterinarian shall, for five (5) consecutive days, wash and clean (scrub), with a solution of not less than two (2) percent chlorhexidine in a detergent base, the external genitalia, vaginal vestibule, clitoral fossa, and clitoral sinuses. The clitoral fossa, clitoral sinuses, external genitalia, and vaginal vestibule shall be filled and covered with an antibiotic ointment that is effective against the CEM organism and is approved by USDA and the Kentucky State Veterinarian.

(f) After the procedures established in paragraphs (c) and (d) of this section have been satisfactorily completed and all three (3) of the swabs are reported to the OSV as testing negative for CEM bacterium, the completed CEM Worksheet shall be submitted and the imported mare may be released from quarantine by the OSV.

(g) Before an imported mare may be bred in Kentucky, a swab shall be collected from the endometrium and cultured negative for CEM. This swab may be included with any of the three (3) required sets of swabs, or for a pregnant mare, may be collected after foaling.

(h) An imported mare bred in Kentucky shall be prophylactically scrubbed and bred last of the group of mares bred during that session. The external genitalia of the covering stallion shall be cleansed, as established in Section 12(2)(e) of this administrative regulation, after breeding an imported mare. The next three (3) mares bred to the stallion, after the imported mare, shall have a blood sample collected and submitted for CF testing fifteen (15) to twenty-five (25) days post-breeding. Included with the submission of the sample shall be the name of the imported mare that was bred prior to the mare being tested, and the name of the covering stallion, date, and time bred.

(i) The farm manager where the stallion is standing shall notify the owner or agent of the three (3) mares bred to the stallion, following an imported mare, that a post-breeding CF test shall be required.

(j) The farm manager where the stallion is standing shall contact the OSV and provide the name, breeding date, time, and location of the imported mare covered, and the name, breeding date, time, and location of the three (3) mares bred to the stallion following the imported mare.

(2) A CEM culture positive mare shall remain under quarantine and shall be treated as established in subsection (1)(d) and (g) of this section. The mare shall have sets of swabs obtained, as established in subsection (1)(c) of this section, no less than twenty-one (21) days after the last day of treatment. If all required specimens taken from the mare test negative for the CEM bacterium, then the mare may be released from quarantine.

(3) User fees shall be assessed for an equine import.

(a)

An import broker making application to import mares into Kentucky for completion of a CEM quarantine shall pay a fee for the processing, implementation, and monitoring of the quarantine.
If multiple destinations are declared for equine to be quarantined, each listed destination shall constitute a separate application.

(b) An application processing and premise inspection fee of $100 shall be assessed for each application received to import mares into Kentucky for completion of the CEM quarantine.

(c) Upon receipt of the mare or mares at the quarantine facility, the broker shall be assessed a fee of $120 per individual mare for the receipt, inspection, quarantine, and monitoring to establish the disease status during the quarantine period.

(d) An import broker shall pay an additional fee for each shipment of mares that arrives at a Kentucky quarantine destination on weekends, state-recognized holidays, or between the hours of 5:01 p.m. and 6:59 a.m.

For weekends, and between the hours of 5:01 p.m. and 6:59 a.m., the assessed fee shall be sixty (60) dollars per hour with a minimum of two (2) hours, including the travel time of KDA employees.
For state-recognized holidays, the assessed fee shall be $120 per hour with a minimum of two (2) hours charged. The holiday fee shall apply to all mares received during the holiday period, which runs from the close of business on the last scheduled work day preceding the holiday, through the start of business on the next scheduled work day following the holiday, including the travel time of KDA employees.

(e) The broker shall pay the assessed fees by check. The check shall be made payable to the Kentucky State Treasurer and mailed to the OSV within ninety-six (96) hours of receipt of the charges.

(f) Failure to comply with the user fee schedule may result in an application for importation to be delayed or denied.

(4) An imported mare shall be released from quarantine if:

(a) The requirements of all sections of this administrative regulation have been completed;

(b) The required specimens taken from the mare test negative for the CEM bacterium; and

(c) No other evidence of CEM conditions, indication of possible CEM suppression, or other related medical issues were found.

Section 12. Treatment of Imported Stallions.

(1) A stallion imported into Kentucky from a country identified or classified by the USDA to be affected with Contagious Equine Metritis, and which imports into the United States and Kentucky via a breeding permit issued by USDA shall be quarantined by the OSV until the testing for CEM is complied with, and it is determined the stallion is free of the disease-causing organism.

(2) Stallions, other than those addressed in subsection (1) of this administrative regulation, that are imported from any country outside the continental United States, its territories, possessions, or Canada shall, before breeding in Kentucky, be treated by or under the direct supervision of a KAV according to the procedures established in this section.

(a) While wearing disposable gloves and using disposable equipment, the Kentucky approved veterinarian shall collect one (1) set of CEM swabs from the stallion to be cultured for CEM.

(b) The stallion shall be bred to two (2) test mares that have been qualified as CEM-free. The test mares shall qualify as CEM-free if:

They test negative to a CF test; and
Three (3) sets of swabs taken from the mares during a twelve (12) day period, with at least seventy-two (72) hours lapsing between each set being collected, are culture negative for the CEM bacterium.

(c) After being bred by the stallion, a set of CEM swabs shall be collected from the test mares on the third, sixth, and ninth days after breeding.

(d) The test mares shall have a CF test conducted fifteen (15) days after breeding.

(e) With the stallion in full erection, the Kentucky approved veterinarian shall, for five (5) consecutive days, wash and clean (scrub) with a solution of not less than two (2) percent chlorhexidine in a detergent base, the prepuce, urethral sinus, and fossa glandis, including the diverticulum of the fossa glandis. The external genitalia, the prepuce, urethral sinus, and fossa glandis, including the diverticulum of the fossa glandis, shall then be filled and covered with an antibiotic ointment that is effective against the CEM organism and that is approved by the USDA and the OSV.

(f) All tests and cultures required by this section shall be conducted at a laboratory approved by the USDA's National Veterinary Services Laboratory and the OSV. A list of approved laboratories may be found at http://www.aphis.usda.gov/animal health/lab info services/downloads/Approvedlabs CEM.pdf. If all required specimens taken from the test mares and stallion are test-negative and culture-negative for the CEM bacterium, then the stallion and the test mares may be released from quarantine.

(3) User fees shall be assessed for an equine import.

(a) An import broker applying to import a stallion into Kentucky for completion of a CEM quarantine shall pay a fee for the processing, implementation, and monitoring of the quarantine. If multiple destinations are declared for equines to be quarantined, each listed destination shall constitute a separate application.

(b) An application processing and premise inspection fee of $100 shall be assessed for each application received to import horses into Kentucky for completion of the prescribed CEM quarantine and testing.

(c) Upon receipt of the stallion at the quarantine facility, the broker shall be assessed a fee of $260 per individual stallion for the receipt, inspection, quarantine, test breeding, and monitoring of the stallion and test mares to establish the animal's disease status during the quarantine period.

(d) An import broker shall pay an additional fee, as established in subparagraph 2. of this paragraph, for each shipment of stallions that arrive at a Kentucky quarantine destination on weekends, state-recognized holidays, and between the hours of 5:01 p.m. and 6:59 a.m.

For weekends and between the hours of 5:01 p.m. and 6:59 a.m., the assessed fee shall be sixty (60) dollars per hour with a minimum of two (2) hours time charged including the travel time of OSV employees.
For state-recognized holidays, the assessed fee shall be $120 per hour with a minimum of two (2) hours of time charged. The holiday fee shall apply to all stallions received during the holiday period, which runs from the close of business on the last scheduled work day preceding the holiday, through the start of business on the next scheduled work day following the holiday including the travel time of OSV employees.

(e) The broker shall pay the assessed fees by check. The check shall be made payable to the Kentucky State Treasurer and mailed to the OSV within ninety-six (96) hours of receipt of the charges.

(f) Failure to comply with the user fee schedule shall subject the application for importation to be delayed or denied.

Section 13. Treatment of Contagious Equine Metritis. Treatment of CEM in stallions shall occur in accordance with the plan developed by OSV and the veterinarian for the stallion.

Section 14. Breeding Shed for Imported Female Equines.

(1) Maiden mares over 731 days of age at the time of importation from any country outside the continental United States, its territories, possessions, or Canada shall, before being bred in Kentucky, have two (2) sets of swabs testing negative for CEM bacterium with a minimum of seventy-two (72) hours lapsing between collecting the swabs. One (1) of the two (2) sets of swabs shall include a swab collected from the endometrium. Imported maiden mares bred in Kentucky shall be prophylactically scrubbed and bred last of any group of mares bred during that session. After the breeding, the external genitalia of the covering stallion shall be cleansed as established in Section 12(2)(e) of this administrative regulation.

(a) The next three (3) mares bred to the stallion, after the imported mare, shall have a blood sample collected and submitted for CF testing fifteen (15) to twenty-five (25) days postbreeding. Included with the submission of the sample shall be the name of the imported mare that was bred prior to the mare being tested, and the name of the covering stallion, date, and time bred.

(b) It shall be the responsibility of the farm where the stallion is standing to notify the owner or agent of the three (3) mares bred to the stallion, following an imported mare, that a postbreeding CF test is required.

(c) The farm where the stallion is standing shall contact the OSV, and provide the name, breeding date, time, and location of the imported mare covered, and the name, breeding date, time, and location of the three (3) mares bred to the stallion following the imported mare.

(2) Mares over 731 days of age imported from any country outside the continental United States, its territories, possessions, or Canada, that are not listed as being affected by CEM shall, before being bred in Kentucky, have two (2) negative sets of swabs with a minimum of seventy-two (72) hours lapsing between collecting the swabs. Prior to being bred, a swab shall be collected from the endometrium and tested negative for CEM. This swab may be included with either of the required sets, or for a pregnant mare, may be collected after foaling. Imported mares, addressed in this section, bred in Kentucky shall be prophylactically scrubbed and bred last of any group of mares bred during that session. The covering stallion shall be cleansed as established in Section 1 of this administrative regulation after breeding.

(a) The next three (3) mares bred to the stallion, after the imported mare, shall have a blood sample collected and submitted for testing fifteen (15) to twenty-five (25) days postbreeding. Included with the submission of the sample shall be the name of the imported mare that was bred prior to the mare being tested, and the name of the covering stallion, date, and time bred.

(c) The farm where the stallion is standing shall contact the OSV and provide the name, breeding date, time, and location of the imported mare covered, and the name, breeding date, time, and location of the three (3) mares bred to the stallion following the imported mare.

(3) Mares, other than maidens, over 731 days of age imported into Kentucky for breeding from countries listed as being affected with CEM shall be treated in accordance with Section 11 of this administrative regulation.

Section 15. Equine Viral Arteritis in Thoroughbreds.

(1) EVA Shedding Stallions. A thoroughbred stallion known to be shedding EAV shall not be permitted to breed until the State Veterinarian determines that the stallion does not pose a threat of transmitting EAV. In making this determination, the State Veterinarian shall consider whether the requirements of paragraphs (b) and (c) of this section shall be complied with by the farm on which the shedding stallion is located. The restrictions established in paragraphs (a) through (c) of this subsection shall apply to a shedding stallion that is permitted to breed.

(a) An owner or agent of a mare booking or seeking to book a mare to a shedding stallion shall be notified in writing by the owner or agent that the stallion is classified as an EVA shedder. A written copy of the booking confirmation shall be sent to the OSV.

(b) A shedding stallion shall be housed, handled, and bred in a facility isolated from a nonshedding stallion.

Has been vaccinated against EVA at least twenty-one (21) days prior to breeding; or
Demonstrates an EVA titer from vaccination or exposure to EAV, if the serological EVA test to determine the mare is EVA sero positive was conducted no sooner than November 1 of the previous calendar year for the following breeding season.

(2) EVA sero positive nonshedding stallions. The restrictions established in paragraphs (a) and (b) of this subsection shall apply to a nonshedding stallion that was previously classified as a shedding stallion.

(a) During the first breeding season following the stallion's classification as a nonshedder, the first five (5) EVA Sero negative mares covered by the stallion shall have a blood sample collected for an EVA test twenty-eight (28) days after breeding.

(b) During the second breeding season, the stallion shall be bred to two (2) mares negative for EAV antibodies or have its semen collected and cultured for EAV. If the culture report and blood samples are negative for EAV, there shall not be restrictions placed on a future breeding season.

(3) A EVA Sero positive EVA vaccinated (arvac) stallion that did not have an EVA negative test prior to vaccination shall be eligible for breeding by complying with paragraph (a) or (b) of this subsection.

(a) Semen shall be collected and cultured for EAV and culture shall be reported as negative.

(b) Prior to entering the breeding shed, the stallion shall be bred to two (2) mares negative for EAV antibodies. The two (2) mares shall have blood collected for an EVA test twenty-eight (28) days after breeding. Prior to the horse entering the breeding shed, test results shall be reported as negative for EAV antibodies.

(4) A nonvaccinated EVA Sero positive stallion (or EVA vaccinated stallion that does not have documentation of the vaccination or a stallion with unknown exposure to EAV) shall be eligible for breeding as established in paragraphs (a) through (c) of this subsection.

(a)

Semen shall be collected and cultured for EAV; or
Prior to entry into the breeding shed, the stallion shall be bred to two (2) mares negative for EVA antibodies. The two (2) mares shall have blood collected for an EVA test twenty-eight (28) days after breeding. Prior to the horse entering the breeding shed, test results shall be reported as negative for EVA antibodies.

(b) The first two (2) EVA Sero negative mares covered by the stallion shall have a blood sample collected for an EVA test twenty-eight (28) days after breeding.

(c) The Kentucky State Veterinarian may monitor a EVA Sero negative mare covered by the stallion during a breeding season. Monitoring shall include having a blood sample collected for an EVA test twenty-eight (28) days after breeding.

(5) The determination that a stallion is not a shedder shall be made based on a scientific procedure approved by the state veterinarian. The procedures shall be conducted in the presence of the State Veterinarian or his or her designee.

(6) EVA Classification Category.

(a) Category One Mares. Category One Mares shall include mares bred to a shedding stallion for the first time. Category One Mares shall be EVA vaccinated a minimum of twenty-one (21) days prior to the first cover by a shedding stallion and shall be isolated a minimum of twenty-one (21) days after the first cover.

During isolation, the Category One Mare shall be physically separated from other equine or equines in a separate isolation area approved by the State Veterinarian or designated personnel.
After the isolation period, a Category One Mare may move without restriction.
A Category One Mare that does not conceive after being bred to a shedding stallion and has completed the twenty-one (21) day isolation period following the first cover shall be reclassified as a Category Two Mare for the remainder of the breeding season.

(b) Category Two Mares. Category Two Mares shall include a mare:

a. Bred to a shedding stallion within the previous two (2) years; or

b. Previously classified as a Category One Mare that has completed the twenty-one (21) day isolation period; and

May move without restrictions after being covered by a shedding stallion.

(c) A mare bred to a shedding stallion may return to the farm of origin in a van or other transport vehicle by herself, or with EVA Sero positive equine. Upon returning to the farm of origin, the van or other transport vehicle and equipment used to move the mare shall be immediately cleaned and disinfected.

(d) A mare bred to a shedding stallion shall be bred to a shedding stallion during that estrus cycle. A mare may be bred to a nonshedding, EVA vaccinated stallion on subsequent estrus cycles during the breeding season.

(e)

Except as established in subparagraph (2) of this subsection, in cooperation with the stallion's owner or manager, the State Veterinarian shall determine that a stallion is not shedding EAV prior to the stallion being permitted to breed.
A stallion shall be permitted to breed with an EVA EVA Sero negative test mare without the determination required by paragraph (a) of this subsection.

(7) A stallion or mare infected with EAV during the breeding season shall immediately cease breeding, and the State Veterinarian shall be immediately notified. An owner or agent with a mare booked or bred to a stallion that became infected with EAV during the breeding season shall be immediately notified in writing by the stallion's owner or agent. A copy of the written notification shall be sent to the State Veterinarian. A stallion infected with EAV during the breeding season shall be classified as a shedder and shall be handled accordingly. Following the stallion's classification as a shedder, the State Veterinarian may reclassify the stallion as a nonshedder in accordance with Section 15(5) of this administrative regulation.

(8) Equine Vaccinated Against EVA. Equine vaccinated for the first time against EVA shall have a blood sample collected for an EVA test prior to vaccination. A certificate documenting the equine has been EVA Vaccinated shall be sent to the State Veterinarian within seven (7) days of the vaccination date. A EVA Vaccinated stallion shall not be exposed to an EVA affected equine and shall not be used for breeding within twenty-one (21) days after vaccination. A thoroughbred stallion used for breeding in Kentucky shall be EVA Vaccinated annually with an approved state federal EVA vaccine.

(9) A nurse mare shall be:

(a) EVA Sero negative;

(b) Officially EVA Vaccinated; and

(10) A teaser shall be officially EVA Vaccinated against EVA.

(11)

(a) An EVA test mare shall be isolated from the other equine and under the supervision of state personnel if the mare becomes:

Affected with EAV after breeding; or
EVA Sero positive after breeding.

(b) An isolated mare shall be eligible for release from isolation by the State Veterinarian after:

Twenty-eight (28) days in isolation; or
The spread of EAV is no longer a risk, whichever is longer.

Section 16. Equine Infectious Anemia Positive Horses.

(1) Equines positive as confirmed by a USDA approved test for EIA shall be officially identified and permanently identified using the numbers and letter "61A" with a brand on the left neck region.

(2) All classified positive EIA equines not slaughtered or euthanized shall be isolated and quarantined. Isolation shall include stabling in a stall that is screened to preclude entry and exit of mosquitoes, stable flies, and horse flies during seasons of the year when such insects are prevalent. EIA positive equines shall also be kept at least 200 yards from all other equine.

(3) The movement of any quarantined positive EIA equines shall occur only with permission by the OSV.

(4) All equines on the premises where a EIA-positive equine was identified shall be quarantined pending a negative test for EIA.

Section 17. Approved Kentucky Horse Sale.

(1) Operating Sale Requirements. The sale management shall comply with paragraphs (a) through (i) of this subsection pertaining to the sale and the premises at which the sale is conducted. The sale manager shall:

(a) Submit a schedule of sale days to the OSV;

(b) Submit an Application for an approved Kentucky horse sale to the OSV and have approval confirmed by the OSV prior the first sale date;

(d) Maintain a cleaning and disinfection program;

(e) Ensure that all equines on the premises without valid negative EIA test certificates shall have a blood sample drawn for EIA testing by the approved market veterinarian at the owner's expense prior to the sale;

(f) Ensure that all horses be identified by a back tag or other official ID tag, with each horse's color, sex, breed, age, and back tag number, which shall be recorded by sales staff;

(g) Maintain on file for at least twelve (12) months, complete records of the origin and destination of each equine going through the sale. These records shall be made available to the department upon request. Records shall include:

Identification of each equine sold that meets the requirements as established in paragraph (e) of this subsection; and
The premises of origin address for the equine, the name and address for the seller, and the name and address for the buyer. A driver's license or other valid identification shall be used to verify complete address of both the buyer and seller of each equine;

(h) Post notices announcing that equines are being sold without proof of negative testing for EIA in visible locations throughout the market and sale area; and

(i) Arrange for a licensed and accredited veterinarian, approved by the OSV as the equine market veterinarian, to implement the provisions established in Section 3 of this administrative regulation.

(2) Veterinary Duties. The equine market veterinarian shall:

(a) Submit of the form titled Responsibilities of the Equine Market Veterinarian to the OSV and be approved by the OSV.

(b) Visually inspect each equine for clinical evidence of communicable diseases prior to the equine leaving the sales premises and report the presence of any communicable disease condition to the State Veterinarian or an authorized representative;

(c) Provide direct supervision for the collection of required blood samples from each eligible equine and for the recording of corresponding identification of each sample; and

(d) Cooperate with state-federal inspectors, and sale management, in carrying out all applicable laws and regulations governing the sale and movement of equines.

Section 18. Material Incorporated by Reference.

(1) The following material is incorporated by reference:

(a) "CVI", 2019;

(b) "CVI Reconsignment Form", 2019;

(d) "EIA Test Form", 2019;

(e) "Import Mare Agreement Form", 2019;

(f) "Import Mare Pregnancy and Schedule Form", 2019;

(g) "Import Mare Worksheet Form", 2019;

(h) "Import Stallion Worksheet Form", 2019;

(i) "Import Stallion Agreement Form and CEM Imported Stallion Worksheet Form", 2019; and

(j) "Responsibilities of the Equine Market Veterinarian", 2019.

History

RELATES TO: KRS 246.030, 257.020, 257.030, 257.080, 9 C.F.R. 161.1 – 161.4
STATUTORY AUTHORITY: KRS 277.020, 257.030(4), 257.550, KRS 257.552
NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.020 requires the Board of Agriculture to prevent, control, and eradicate any communicable disease of animals. KRS 257.030(4) authorizes the board to promulgate administrative regulations necessary to administer any provision of KRS Chapter 257. This administrative regulation establishes requirements for movement, importation, and exhibition of equine in Kentucky.
History: 46 Ky.R. 2366, 2904; eff. 7-9-2020.

302 KAR 22:150 Cervids {#sec-302-kar-22-150 omnilex-key=us-ky-regs-official--title-302--302 KAR 22:150}

Section 1. Definitions.

(1) "Adjacent herd" means a herd of cervids occupying premises that shares a border or boundary line with premises occupied by a chronic wasting disease positive herd, including herd separated by a road or stream.

(2) "Animal identification number" or "AIN" means a numbering system for the official identification of individual animals in the United States that provides a nationally unique identification number for each animal. The AIN consists of fifteen (15) digits, with the first three (3) being the country code (either 840 for the United States at large or a unique code for any U.S. territory that elects to use it in place of the 840 code).

(3) "APHIS" means the Animal and Plant Health Inspection Service of the United States Department of Agriculture.

(4) "Approved laboratory" means the National Veterinary Service Laboratory in Ames, Iowa, or any other laboratory approved by the APHIS.

(5) "Certificate of Veterinary Inspection" or "CVI" means an official document, on a form approved by the chief animal health official of the state of origin or by USDA APHIS Veterinary Services for verification of veterinary inspection that is issued by a licensed and accredited veterinarian.

(6) "Certified" means the status achieved by a herd that has met the standards of the Chronic Wasting Disease Herd Certification Program continuously for at least five (5) years.

(7) "Certified Chronic Wasting Disease (CWD) Herd" or "herd" means a group of cervids under common ownership or supervision that has achieved "certified" status in the Kentucky Herd Certification Program, the federal Chronic Wasting Disease Herd Certification Program, or a state Chronic Wasting Disease Certification Program approved by APHIS or the State Veterinarian.

(8) "Cervid" means deer, elk, moose, caribou, reindeer, and related species and hybrids thereof, including all members of the Cervidae family and hybrids thereof.

(9) "Cervid Chronic Wasting Disease Surveillance and Identification" or "CCWDSI" means the:

(a) Chronic Wasting Disease HCP; and

(b) Chronic Wasting Disease HMP.

(10) "Cervid Herd Plan" means a written herd management agreement or premises management agreement:

(a) Developed by OSV in collaboration with the herd owner to address compliance issues within an HCP or HMP herd; or

(b) That establishes the steps needed to eradicate CWD from a CWD positive herd, to control the risk of CWD in a CWD exposed or CWD-suspect herd, or to prevent introduction of CWD into that herd or any other herd.

(11) "Chronic Wasting Disease" or "CWD" means a transmissible spongiform encephalopathy of cervids.

(12) "Farmed cervid":

(a) Means cervid livestock that are enrolled in a CCWDSI program and are maintained for propagation, selling, trade, or barter or for taking by any harvest or slaughter method; and

(b) Does not mean any cervid that has not originated from and been continuously maintained within a herd that is enrolled in and complies with an HCP or HMP.

(13) "Exposed" means a cervid that is part of a CWD positive herd, or that has been exposed to a CWD-positive cervid or contaminated premises within the previous five (5) years.

(14) "Harvest" means to slaughter or take by hunting farmed cervids for meat and other products.

(15) "Herd Certification Program" or "HCP" means a program established by this administrative regulation to determine the CWD status of farmed cervid herds.

(16) "Herd Monitoring Program" or "HMP" means a program established by this administrative regulation to monitor farmed cervids in harvesting facilities for CWD.

(17) "Identification" means a device or means of identification approved for use under this administrative regulation by the State Veterinarian.

(18) "Interstate movement" means movement from another state into or out of Kentucky.

(19) "Intrastate movement" means movement solely within the boundaries of Kentucky.

(20) "Move" means to carry, enter, import, ship, or transport; to aid, abet, cause, or induce carrying, entering, importing, mailing, shipping, or transporting; to offer to carry, enter, import, mail, ship, or transport; to receive in order to carry, enter, import, mail, ship, or transport; or to allow any of these activities.

(21) "National Uniform Eartagging System" or "NUES" means a numbering system for the official identification of individual animals in the United States that provides a nationally unique identification number for each animal that is USDA approved.

(22) "Office of State Veterinarian" or "OSV" means that office within the Kentucky Department of Agriculture as established in KRS 246.030(4).

(23) "Official Chronic Wasting Disease test" or "CWD test" means any test for the diagnosis of Chronic Wasting Disease approved by APHIS and conducted in a laboratory approved by APHIS in accordance with 9 C.F.R. Part 55.

(24) "Official eartag" means an identification tag approved by APHIS that bears an official identification number for individual animals. Beginning March 11, 2014, all official eartags manufactured bear an official eartag shield. Beginning March 11, 2015, all official eartags applied to animals bear an official eartag shield. The design, size, shape, color, and other characteristics of the official eartag depend on the needs of the users, subject to the approval of the USDA Administrator. The official eartag is tamper-resistant and has a high retention rate in the animal.

(25) "Official identification number" means a nationally unique number that is permanently associated with a cervid and complies with:

(a) National Uniform Eartagging System (NUES);

(b) Animal Identification Number (AIN); or

(c) Any other numbering system approved by the Administrator for the official identification of animals, including a group identification number.

(26) "Owner" is defined by KRS 257.010(14).

(27) "Person" means any individual, corporation, company, association, firm, partnership, society, joint stock company, or other legal entity.

(28) "Physical inventory" means an inventory that confirms individual identification of each cervid by hands on observation to include physical or chemical restraint as needed.

(29) "Positive" means a cervid has had a diagnosis of CWD confirmed by means of two (2) official CWD tests.

(30) "Premises identification number" or "PIN" means a nationally unique number allocated to a premises by a state or federal animal health official and:

(a) Is used in conjunction with a producer's own livestock production numbering system to provide a nationally unique and herd-unique identification number for an animal; and

(b) Is the number system permitted by the state of origin specifically as a CWD program site.

(31) "Quarantine" means an imposed restriction prohibiting movement of live or dead cervids, or parts thereof, to any location without specific written approval of the State Veterinarian.

(32) "Radio Frequency Identification Device" or "RFID" means a device electronically encoded with a unique identification and that complies with the applicable International Standards Organization (ISO) standards and that bears the visual number.

(33) "State" means any state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or Guam.

(34) "USDA" means the United States Department of Agriculture.

(35) "USDA-accredited veterinarian" means a veterinarian accredited by the USDA as category II in accordance with the provisions of 9 C.F.R. 161.1 to 161.4, and licensed to practice veterinary medicine in their home state.

(36) "Visual inventory" means an inventory done when distance observation of identification of identification devices is possible.

Section 2. All Farmed Cervids Shall Be in a Program. Every farmed cervid in Kentucky shall be enrolled in either the Chronic Wasting Disease Herd Certification Program or the Chronic Wasting Disease Herd Monitoring Program.

Section 3. Required CWD program Training.

(1) Prior to initial enrollment in a CWD program, a minimum of one (1) hour initial educational training provided by the OSV shall be completed.

(2) Supplemental trainings provided by OSV shall be required when there is a change in Chronic Wasting Disease prevalence, change in Kentucky program administrative regulations, or a change in USDA CWD program standards, or any other time deemed necessary by the State Veterinarian to prevent the spread of disease. Notice for any additional training shall be provided at least thirty (30) days in advance of the date.

Section 4. Chronic Wasting Disease Herd Certification Program (HCP).

(1) An HCP permit shall be required to participate in the HCP program. An HCP permit shall be valid from January 1 to December 31 of each year, regardless of the date of application or enrollment.

(a) The applicant for the HCP shall submit:

A complete Cervid Chronic Wasting Disease Surveillance Identification (CCWDSI) Herd Certification Program (HCP) or Herd Monitoring Program (HMP) Application;
A written statement by a Kentucky-licensed and USDA accredited veterinarian certifying that the veterinarian and the herd owner have a valid veterinarian-client-patient relationship; and
An initial fee of $150. Renewal fees the next year are described in subsection (2) of this section.

(b) The OSV shall grant an HCP permit within thirty (30) days after it receives the completed application package with the required fee. Incomplete applications or insufficient fees shall be returned to the applicant without approval. The OSV shall not approve any application if the applicant owes fees or fines to the KDA.

(c) An HCP participant whose permit expires prior to renewal shall be subject to the penalties established in Section 19 of this administrative regulation.

(2) Annual HCP permit renewal required.

(a) Fees shall be based on the officially tagged inventory submitted in subparagraph 5. of this paragraph. Renewal applicants shall:

Submit a complete Cervid Chronic Wasting Disease Surveillance Identification (CCWDSI) Herd Certification Program (HCP) or Herd Monitoring Program (HMP) Application by November 30 of each year;
Pay a fee of $135 for herds up to fifty (50) cervids, $250 for herds between fifty-one (51) and 100, or $450 for herds containing more than 101 cervids, for applications submitted prior to December 1, preceding the applicable permit year;
Pay a fee of $150 for herds up to fifty (50) cervids, $275 for herds between fifty-one (51) and 100, or $500 for herds containing more than 101 cervids, for applications submitted between December 1 and December 31, preceding the applicable permit year;
Pay a fee of $250 for herds up to fifty (50) cervids, $375 for herds between fifty-one (51) and 100, or $600 for herds containing more than 101 cervids, for applications submitted late, January 1 and after of the applicable permit year; and
Submit a current herd inventory as of the time of application submission, and the most recent reporting documents due to the OSV as required in subsection (3)(c) of this section if not already on file with the OSV.

(b) Permits not renewed by February 15 of the applicable program year shall be terminated from the program effective February 16 and not be eligible for renewal. Section 20 of this administrative regulation shall apply as those cervids would be not continuously enrolled and shall not be deemed farmed cervids.

(3) HCP Requirements.

(a) Herds enrolled in this program shall comply with the requirements established in this section and 9 C.F.R. Part 55, Subpart B, and shall follow the USDA Chronic Wasting Disease Standards, and the RFID official identification requirements of Section 8.

After an initial permit is issued, the participant shall enroll the herd into the HCP by obtaining movement permits for those cervids moving into the premises. Any additions subsequent to the initial delivery shall be recorded and submitted according to the other timelines established in this administrative regulation.
After the first year in the HCP, the participant shall:

a. Conduct the physical inventory and continuously identify cervids as required;

b. Provide any records required by this administrative regulation to the OSV for the cervids; and

c. Maintain and complete the provisions of this administrative regulation and a Cervid Herd Plan, if developed.

(b) Cervid identification requirement.

Each cervid shall have at least two (2) forms of cervid identification prior to or at the time of the annual herd inventory, one (1) of which shall be a RFID official identification and one (1) form shall be a visual type of identification, both of which shall be unique to that cervid within the herd.
A cervid of any age shall have official identification before being moved from the premises for any purpose.

The baseline herd inventory shall consist of the cervids that were delivered initially after program enrollment.

a. An annual herd inventory shall be conducted that reviews all records and includes observation of all cervids in an enclosed area, including physical restraint if necessary, to reconcile all visible identification devices with available records. This required inventory shall be conducted in January, February, March, or April.

b. Beginning May 1, the herd shall be placed in quarantine and no movement shall be permitted until the physical or visual inventory is completed for those herds not completing a visual inventory January, February, March, or April. The OSV shall determine what style of inventory is required for those not completed by OSV staff prior to May 1.

The state veterinarian or an APHIS representative may request additional physical inventories to verify herd compliance with program standards. A physical inventory shall be conducted at least once in any three (3) year time period, but may occur at any time of the calendar year so that it may be completed at a time when the owner deems appropriate.
The owner shall be responsible for assembling, handling, and restraining the cervids, and for all risks and costs incurred, to present the cervids for visual or physical inspection.
Additional herd inventory record inspections and reviews shall be conducted quarterly at the cervid premises or at another location mutually agreed to by the owner and the OSV.

(d) Herd Additions.

New cervids shall be introduced into the herd only from other herds enrolled in the Kentucky HCP, or from a herd in a state, approved by the OSV, with an USDA-approved CWD Certification Program in which CWD has never been confirmed.
New cervids shall not be introduced into the herd unless it has been approved by the State Veterinarian.
If cervids are introduced from a herd of lower status, the receiving herd status shall revert to the lower status.

(e) HCP Reporting requirements. The owner shall report to OSV any cervids that escape or disappear and all deaths (including cervids killed by harvest or slaughter) of cervids in the herd.

The reporting time frame shall be:

a. For cervids that escape or disappear, a report shall be made within forty-eight (48) hours;

b. For cervids taken by harvest, a report shall be submitted within seven (7) days; and

c. For cervids that die from illness or any other reason, a report shall be submitted within seven (7) days.

The report shall include all applicable identification numbers, including the visual tag and the date of the death, disappearance, or escape.
Cervids that die or are harvested shall have the required tissue specimens collected and submitted for Chronic Wasting Disease testing except if exempted in writing by request to, and approval of, the OSV. Exemptions shall only be granted in extenuating circumstances, such as natural disaster or a disease event.
An APHIS or OSV representative shall investigate herds that fail to comply with testing requirements and shall evaluate the herd's status.
Cervid escapes return protocol.

a. Cervids that escape may be returned to the herd only if:

(i) Within seventy-two (72) hours, the cervids are re-captured and the fence is repaired and secured to prevent further escape and meet the requirements established by Kentucky Department of Fish and Wildlife Resources in 301 KAR 2:083. Any cervid recaptured after seventy-two (72) hours shall be introduced back into the heard only with written permission of the OSV; and

(ii) Within seven (7) days of initial escape, an updated inventory is provided to the OSV representative in writing.

b. An OSV representative may require physical inspection of cervids to confirm inventory.

(f) Herd Veterinarian Notice Requirement. The herd veterinarian shall be notified within twenty-four (24) hours of observance of a cervid with clinical signs suggestive of Chronic Wasting Disease.

(g) An owner maintaining separate herds shall comply with the separate-herd requirements established in 9 C.F.R. 55.23.

(h) The herd premises shall have a valid Kentucky Department of Fish and Wildlife Resources permit and shall maintain perimeter fencing meeting the requirements established in KRS 150.730 through 150.735.

(i) The owner shall maintain and provide to the OSV representative upon request the following herd records:

Complete inventory of cervids including the official identification and any other identification, and the age and sex of each cervid;
A record for each purchased or natural addition to the herd including:

a. The official identification, species, age, and sex of the cervid;

b. The name and address of the person from whom the cervid was purchased;

c. The address of the herd from which the cervid was purchased;

d. A copy of the CVI that accompanied the cervid for intrastate or interstate movement;

e. Date the purchased addition entered the herd; and

f. Approximate date of birth, if a natural addition;

A record of each cervid leaving the herd, including:

a. The date of movement, the name of the person to whom it was shipped, the place to which it was shipped, and a copy of the Certificate of Veterinary Inspection related to the shipment; and

b. A cervid's death or harvest on the premises, including the date of death, the apparent cause of death; the cervid's age, sex, and state-federal official individual cervid identification; date and laboratory submitted for CWD testing, if required; and the disposition of the cervid's carcass. If the carcass was removed from the premises, the record shall identify the carcass' destination and recipient;

A record of all individual CWD tests that were conducted on cervids in the herd;
Records received from the herd veterinarian related to the veterinary services he or she provided to the herd; and
All individual identification numbers (from, for example, tags and electronic implants) associated with each cervid.

(j) Herd status levels.

Upon a herd being first enrolled in the Herd Certification Program, the herd shall be placed in first-year status, except that if the herd is comprised solely of cervids obtained from herds already enrolled in the Herd Certification Program, the newly enrolled herd shall have the same status as the lowest status of any herd that provided cervids for the herd.
If a herd continues to comply with the requirements of the Herd Certification Program, the herd status shall be upgraded by one (1) year on the anniversary of the program enrollment date.
One (1) year after the date a herd was placed in fifth-year status, the herd status shall be changed to "certified". The herd shall remain in "certified" status as long as the herd remains enrolled in the program, if its status is not revoked or suspended in accordance with this administrative regulation or 9 C.F.R. 55.24.
A herd owner shall be issued a certificate of "Certified" status upon completing the Herd Certification Program requirements established in this administrative regulation.
Renewal of a Certified Cervid Herd. A herd shall be certified for twelve (12) months. For continuous certification, adherence to the provisions in this administrative regulation and all other state laws and administrative regulations pertaining to holding cervids shall be required.
The herd enrollment date shall be the latter date of:

a. The physical inventory being completed in accordance with paragraph (c) of this subsection; or

b. The initial cervid delivery.

(k) Disease surveillance procedures. A cervid that is twelve (12) months or older that dies for any reason, including harvest, shall be tested for CWD. The herd owner shall be responsible for sample collection by an OSV certified CWD sample collector, submission, and testing. Samples for testing shall be properly collected, handled, and preserved, and shall be submitted to an approved laboratory within seven (7) days of death and collection. If incidents of mass casualty or mortality events are confirmed by the OSV, the OSV may waive the testing requirements for all cervids and instead only require testing based on risk.

(l) USDA Chronic Wasting Disease Program Standards deficiencies may, based on the nature of the deficiencies, require a Cervid Herd Plan in lieu of, or in addition to, administrative penalties. Deficiencies in required testing, from poor sample quality or for failure to submit a sample, may result in an order from the OSV requiring a similar living cervid be euthanized for CWD testing.

Section 5. Chronic Wasting Disease Herd Monitoring Program (HMP).

(1) An HMP permit shall be required to participate in the HMP program. An HMP permit shall be valid from January 1 to December 31 of each year, regardless of the date of application or enrollment.

(a) The applicant for the HMP program shall submit:

A complete Cervid Chronic Wasting Disease Surveillance Identification (CCWDSI) Herd Certification Program (HCP) or Herd Monitoring Program (HMP) Application;
A written statement by a Kentucky-licensed and USDA accredited veterinarian, certifying that the veterinarian and the herd owner have a valid veterinarian-client relationship; and
A fee of $500.

(b) OSV shall grant the HMP permit within thirty (30) days after it receives the completed application package with the required fee. Incomplete applications or insufficient fees shall be returned to the applicant without approval. The OSV shall not approve any application if the applicant owes any fees or fines to the KDA.

(c) HMP participants whose permit expires prior to renewal shall be subject to the penalties in Section 19 of this administrative regulation.

(2) Annual HMP permit renewal required. Renewal applicants shall:

(a) Submit a completed Cervid Chronic Wasting Disease Surveillance Identification (CCWDSI) Herd Certification Program (HCP) or Herd Monitoring Program (HMP) Application by November 30 of each year.

(b) Pay a fee of $500.

(c) Submit a current herd inventory as of the moment of application, and the most recent reporting documents due to the OSV as required in subsection (4)(c) of this section if not already on file with the OSV.

(d) The permit shall be effective January 1 through December 31 of each year.

(3) Restrictions and limitations on HMP-enrolled cervids and herds.

(a) A cervid shall not leave an HMP-enrolled herd alive.

(b) A cervid shall not be moved to another HMP-enrolled herd.

(4) HMP Requirements.

(a) Herds enrolled in this program shall comply with the requirements established in this section.

After an initial permit is issued, the participant shall enroll the herd into the HMP by obtaining movement permits for those cervids moving into the premises. Any additions subsequent to the initial delivery shall be recorded and submitted according to the other timelines established in this administrative regulation.
After the first year in the HMP, the participant shall:

a. Conduct the inventory and continuously identify cervids as required;

b. Submit records to the OSV for the cervids that are required in this administrative regulation; and

c. Maintain and complete the provisions of this administrative regulation and a herd-specific Cervid Herd Plan, if developed.

(b) Cervid identification requirement.

Each cervid twelve (12) months of age or older shall have at least two (2) forms of cervid identification, one (1) of which shall be a RFID official identification and one (1) form shall be a visual type of identification, which shall be unique to that cervid within the herd.
Any untagged cervid that dies or is harvested shall be officially identified and shall be CWD tested.

The baseline herd inventory shall consist of the cervids that were delivered initially after program enrollment.
An annual herd inventory shall be conducted and submitted to the OSV that reviews all records and documents that would change the baseline herd inventory.
The state veterinarian or an APHIS representative may request a visual or physical inventory conducted by OSV staff to verify herd compliance with program standards. A herd plan may be created to allow images or other data in lieu of a visual inventory.
The owner shall be responsible for assembling, handling, and restraining the cervids, and for all risks and costs incurred, to present the cervids for inspection.
Cervids that have been in inventory for four (4) years without a visual confirmation shall be presumed dead by the permit holder and written notice shall be provided to the OSV via mail or email. If the presumed dead cervid is later found alive it shall be added back to the inventory.

(d) Herd Additions. New cervids shall be introduced into the herd only from other herds enrolled in the Kentucky HCP, or from a herd in a state, approved by the OSV, with an USDA-approved CWD Certification Program in which CWD has never been confirmed. All female cervid additions in an HMP shall be spayed or otherwise confirmed by a veterinarian to be incapable of reproduction aft March 31, 2024.

(e) If evidence of natural additions are found, a Cervid Herd Plan shall be developed to eliminate future breeding. Intentional breeding shall not be allowed.

(f) HMP Participant Reporting requirements. The owner shall report to the OSV any cervids that escape or disappear, and all deaths (including cervids killed by harvest or slaughter) of cervids in the herd.

This report shall be submitted to the OSV by the close of business on the first business day of each month for the activities of the previous calendar month.
The report shall include applicable cervid identification numbers, including the visual tag; the date of the death, disappearance, escape; and the dates the CWD tests were submitted for testing.
All cervids that die or are harvested shall have the required tissue specimens collected and submitted for CWD testing.
In accordance with 9 C.F.R. 55.23, an APHIS or OSV representative shall investigate herds that fail to comply with testing requirements, which shall be considered noncompliance.
Cervid escapes return protocol.

a. Cervids that escape may be returned to the herd only if:

(ii) Within seven (7) days of initial escape, an updated inventory is provided to the OSV representative in writing.

b. An OSV representative may require physical inspection of cervids to confirm inventory.

(g) Herd Veterinarian Notice Requirement. The herd veterinarian shall be notified within twenty-four (24) hours of observance of a cervid with clinical signs suggestive of Chronic Wasting Disease.

(i) The owner shall maintain and provide to the OSV representative upon request the following herd records:

Complete inventory of cervids, including the official identification, and any other identification, and the age and sex of each cervid;
A record for each purchased or natural addition to the herd, including:

a. The official identification, species, age, and sex of the cervid;

b. The name and address of the person from whom the cervid was purchased;

c. The address of the herd from which the cervid was purchased;

d. A copy of the CVI that accompanied the cervid for intra- or interstate movement;

e. Date the purchased addition entered the herd; and

f. Approximate date of birth, if a natural addition;

A record of each cervid leaving the herd including a record of each cervid that died or was harvested on the premises including:

a. The date of death;

b. The apparent cause of death;

c. The cervid's age and sex;

d. State-federal official individual cervid identification, date, and laboratory submitted for CWD testing, if required; and

e. The disposition of the cervid's carcass. If the carcass left the premises, the record shall identify the carcass destination and recipient;

A record of all individual CWD tests that were conducted on cervids in the herd;
Records received from the herd veterinarian related to the veterinary services he or she provided to the herd; and
All individual identification numbers (from, for example, tags and electronic implants) associated with each cervid.

(j) Disease surveillance procedures. A cervid that is twelve (12) months or older that dies for any reason, including harvest, shall be tested for CWD. The herd owner shall be responsible for sample collection, submission, and testing. Samples for testing shall be properly collected, handled, and preserved, and shall be submitted to an approved laboratory within thirty (30) days of collection. Deficiencies in required testing, from poor sample quality or for failure to submit a sample, may result in an order from the OSV requiring a similar living cervid be euthanized for CWD testing.

Section 6. Testing, Investigation, and Quarantine.

(1) Surveillance testing procedures.

(a) CWD testing shall be in accordance with the procedures established in 9 C.F.R. 55.8.

(b) A positive or non-negative of CWD by an approved laboratory shall be sent to the National Veterinary Service Laboratory for confirmation.

(c) If required tissues from test eligible cervids are not submitted for laboratory diagnosis by the cervid owner, the state veterinarian shall revoke the permit or implement a mutually agreed upon Cervid Herd Plan.

(2) Investigation of CWD-positive cervids.

(a) An epidemiological investigation in accordance with 9 C.F.R. 55.23 shall be conducted by OSV or APHIS VS for all cervids diagnosed at an approved laboratory CWD positive or suspect.

(b) All CWD-positive herds and all source, exposed, and adjacent herds and the premises where these herds are located shall be investigated epidemiologically by OSV.

(3) Duration of Quarantine. Quarantines issued by the State Veterinarian for CWD in accordance with this administrative regulation shall be removed as established in paragraphs (a) and (b) of this subsection.

(a) A premises shall not be removed from quarantine until after completion of the cervid herd plan and five (5) years of compliance with all provisions of 9 C.F.R. Part 55.

(b) An adjacent or exposed herd or premises may be removed from quarantine only after an epidemiological investigation and by order of the OSV.

Section 7. CWD Sample Collection Training.

(1) Required CWD samples shall be collected by a licensed accredited veterinarian or an individual certified by the OSV.

(2) To become certified, an individual shall:

(a) Submit a request for certification to the OSV at Statevet@ky.gov or contact the OSV; and

(b) Attend a training course offered by the OSV.

(3) Certification is valid for five (5) years from the date of training course or until new sample collection protocols have been mandated by OSV or USDA. Renewal certification shall require completion of a renewal form.

(4) Certified individuals shall comply with CWD collection and submission protocols. Failure to submit quality samples may result in revocation of certification status.

(5) Certified individual shall maintain record of sample collections for ten (10) years. Records shall include a copy of the laboratory submission form or a generated report which contains the following:

(a) Date of sample collection;

(b) Premises Name and City where sample collection occurred;

(d) Number of samples collected; and

(e) Name of Laboratory where samples were submitted.

Section 8. Certificate of Veterinary Inspection.

(1) A Certificate of Veterinary Inspection shall remain valid for thirty (30) days after date of inspection.

(2) A CVI shall contain:

(a) Identification of each animal recorded on the certificate;

(b) A RFID and visual identification for each cervid;

(d) The name and address of the owner, cosigner, or agent shipping the cervid, and phone number of each;

(e) The location from which the animal is loaded for movement;

(f) The name and address of the consignee or person receiving the cervid;

(g) The location at which the animal will be received;

(h) The purpose of the movement and the total number of cervids;

(i) All non-applicable data fields crossed out by the USDA-accredited Veterinarian prior to signing;

(j) The movement permit number issued by the OSV;

(k) The following statement or one substantially similar: "I certify as an accredited veterinarian that the above described animals have been inspected by me on this date and that they are not showing signs of infection or communicable disease. The vaccinations and results of tests are as indicated on the certificate. The animals listed on this certificate meet the state of destination requirements and federal interstate requirements"; and

(l) The signature, USDA category II accreditation number, and phone number of the veterinarian.

(3) Paper submitted Certificate of Veterinary Inspection.

(a) The first physical page shall be mailed or otherwise delivered to the office of the state veterinarian in the origin state within seven (7) days of the date it is written.

(b) An exact replica image (a scan in a PDF) of the first page may be submitted in lieu of the first physical page required in paragraph (a) of this subsection by submitting via electronic mail within seven (7) days of the date it is written to Statevet@ky.gov.

(d) The third page shall be sent to the Animal Health Official in the state of destination within seven (7) days of the date it is written.

(e) The fourth page shall be retained by the issuing veterinarian for at least five (5) years from the date of issuance.

(f) A legible copy of any supplemental pages shall be stapled to the original and each copy of the CVI.

(4) Electronically submitted CVIs.

(a) Certificate of Veterinary Inspection and Permit may be submitted via an importable format as approved by the OSV.

(b) Cervids moving with an electronically submitted Certificate of Veterinary Inspection shall be accompanied by a paper copy or have the electronic material stored on a device that may be read immediately upon request.

(5) A person shall not issue a CVI bearing the seal of the Commonwealth of Kentucky unless that person is a Kentucky licensed and USDA category II accredited veterinarian.

Section 9. Movement Permit.

(1) A person shall not move a cervid within or into Kentucky without first obtaining a permit from the OSV at least forty-eight (48) hours prior to the movement, unless approved in writing by the OSV after consideration of the risks involved.

(2) Proof of required vaccinations or other applicable health practices to ensure disease prevention based on place or origin, as found on the Web site at www.kyagr.gov, shall be completed prior to permit issuance. Instructions for a permit may be obtained on the Web site.

(3) Movement permit instructions may be obtained by calling OSV at 502-573-0282, Monday through Friday, 8 a.m. EST to 4:30 p.m. EST.

(4) Required testing or vaccination. Required tests and vaccinations shall be performed or verified by a:

(a) Licensed and USDA category II accredited veterinarian;

(b) Designee of the State Veterinarian; or

(5) Required tests shall be conducted at no expense to the Commonwealth of Kentucky.

(6) Required laboratory tests shall be conducted in a state-federal approved laboratory.

Section 10. Official Identification and Other Required Identification.

(1) Beginning July 1, 2020, RFID official identification shall be applied in any initial tagging event, retagging event, or anytime a cervid is restrained by any method, including permitted movements. All imported cervids shall require an RFID at the time of importation beginning July 1, 2020. This RFID shall be cross referenced with any other existing official identification at the time of application. Existing official identification shall not be removed without the prior written approval of the OSV.

(2) Methods of official identification. An official individual identification shall consist of a set of alphanumeric characters or physical characteristics that are uniquely associated with an individual cervid and that constitute:

(a) Official USDA NUES that was applied prior to June 30, 2020; and

(b) An RFID that:

The RFID uniquely identifies the animal and is USDA approved;
The RFID is attached to the animal;
The RFID is registered to a PIN or to a person; and
Only one (1) official RFID is placed on an animal.

(3) Use of more than one (1) official eartag.

(a) Any person applying the additional official eartag shall record the following information about the event, and submit to the OSV within seven (7) days the required information, and maintain the record for at least ten (10) years:

The date the additional official eartag is added;
The reason for the additional official eartag device; and
The official identification numbers of the new official eartag and the one or ones already attached to the animal.

(b) An eartag with an Animal Identification Number (AIN) beginning with the 840 prefix (either radio frequency identification or visual-only tag) may be applied to a cervid that is already officially identified with one (1) or more National Uniform Eartagging System tags. The person applying the Animal Identification Number eartag shall record the date the Animal Identification Number tag is added and the official identification numbers of any official eartags and shall maintain those records for at least ten (10) years.

(4) Removal or loss of official identification devices.

(a) Removal of official identification shall be prohibited, except as approved in writing by the OSV or a USDA area veterinarian in charge if a device needs to be replaced.

(b) If a cervid loses an official identification device:

A replacement tag with a different official identification number may be applied. The person applying a new official identification device with a different official identification number shall record the following information about the event and maintain the record for at least ten (10) years:

a. The date the new official identification device was added;

b. The official identification number on the device; and

c. The official identification number on the old device, if known.

Replacement of a temporary identification device with a new official identification device shall be considered to be a retagging event and shall be noted on the Retag Form.

(5) Removal of official identification, without prior written approval of the OSV shall be strictly prohibited.

(6) Replacement records required. Any time an official identification device is replaced, as authorized by OSV or the USDA, the person replacing the device shall record the following information about the event and maintain the record for at least five (5) years:

(a) The date on which the previous device was removed;

(b) Contact information for the location where the device was removed;

(d) The type of device removed (for example, metal eartag or RFID eartag);

(e) The reason for the removal of the former device;

(f) The new official identification number on the replacement device; and

(g) The type of replacement device that was applied to replace the former device.

Section 11. Premises of Origin Location.

(1) POL information shall be provided by the person seeking the permit for the premises from which the cervids are to be loaded upon seeking a movement permit.

(2) The POL of the specific location the cervids were loaded shall include:

(a) A PIN issued by the USDA or the Animal Health Official in the state of origin or a LID; and

(b) The owner at the time of movement and that owner's address and contact information.

Section 12. Requirements for Interstate Movement into Kentucky.

(1) A person or hauler shall not move a cervid into Kentucky without first obtaining a CVI from a licensed and USDA category II accredited veterinarian;

(2) Obtained a movement permit from the OSV at least forty-eight (48) hours prior to movement and scheduling by the OSV, that includes a scheduled appointment for delivery of cervids between the hours of 6 a.m. and 9 p.m.; and

(3) An OSV representative, USDA representative, or an USDA category II accredited veterinarian shall be present for the unloading of the cervids at the point of destination at the time scheduled in (2) and shall be responsible for removing the transport seal and observing the offloading.

(4) An entry permit shall not be issued for a cervid that does not have certified status or an equivalent status, as documented by a certificate issued in accordance with 9 C.F.R. 81.4. An entry permit shall not be issued for a cervid that originated in, or at any time resided, in a state where CWD has been confirmed in either wild or captive cervids.

(5) An entry permit shall not be issued for a cervid that is not:

(a) Negative to an official tuberculosis test within ninety (90) days of entry; or

(b) Originating from a cervid tuberculosis accredited herd. The herd accreditation number and the last herd test date shall be listed on the CVI.

Section 13. Requirements for Movement Within Kentucky.

(1) A movement permit issued by the OSV and CVI shall be required prior to cervid movement within Kentucky.

(2) A CVI shall not be required if the movement is from the same herd to a different permitted premises within the same farm, if the cervid has official identification, prior to the movement.

(3) Movement shall not commence until forty-eight (48) hours after the issuance of the permit.

(4) An OSV representative, USDA representative, or an USDA category II accredited veterinarian shall be present at the loading at the point of origin, or the unloading of the cervids at the point of destination for movements to a different premises.

(5) The requirements of this section shall be the responsibility of the owners, agents, and haulers of the moved cervid.

Section 14. Requirements for Movement for Export from Kentucky.

(1) A movement permit issued by the OSV and CVI shall be required prior to cervid movement from Kentucky.

(2) Movement shall not commence until forty-eight (48) hours after the issuance of the permit by the OSV and scheduling.

(3) All cervids being exported from Kentucky shall have movement documentation and any applicable permits as required by the state of destination, and have these documents immediately available for inspection.

(4) A cervid shall not leave Kentucky until:

(a) The CVI is written to meet the state of destination requirements by a Kentucky licensed category II veterinarian; and

(b) The owner, agent, or hauler contacts the OSV designee at least forty-eight (48) hours in advance of the movement to schedule an appointment for departure inspection and movement documentation between the hours of 6 a.m. and 9 p.m.

Section 15. Requirements for Movement Through Kentucky. Cervids moving through Kentucky shall have movement documentation and any applicable permits as required by the state of destination, and have these documents immediately available for inspection. A Kentucky movement permit shall not be required for direct movement through Kentucky. Persons directly moving cervids through Kentucky may voluntarily obtain a permit from the OSV.

Section 16. Reindeer Exhibition.

(1) Any reindeer exhibiting in the state of Kentucky shall obtain written permission of the OSV.

(2) Requests for an exhibition permit shall be made to the OSV in writing or electronically at statevet@ky.gov a minimum of ten (10) business days prior to the movement to the exhibit.

Section 17. Voluntary Accreditation and Certification Programs.

(1) Cervid owners wishing to seek a voluntary herd certification for brucellosis shall follow the provisions established in APHIS 91-45-16, Brucellosis in Cervidae.

(2) Cervid owners wishing to seek a voluntary herd accreditation for tuberculosis eradication shall follow the provisions established in APHIS 91-45-011, Bovine Tuberculosis Eradication.

(3) (After the completion of terms in APHIS 91-45-011 or APHIS 91-45-16, the OSV shall issue a certificate, for the respective disease, that shall be valid in Kentucky for a period of thirty-six (36) months from issuance.

Section 18. Retention of Records.

(1) Intrastate movement or sales documents shall be maintained by both the buyer and the seller for at least ten (10) years after the movement of the cervids.

(2) Official identification device distribution records. Any veterinarian who distributes official identification, shall maintain distribution lists and documents for at least ten (10) years after issuance.

(3) Interstate movement records and documentation that is required by this administrative regulation shall be maintained for at least ten (10) years.

(4) Herd plans, inventory records, and disposition of cervid records shall be maintained for at least ten (10) years.

Section 19. Penalties.

(1) Penalties for failure to comply with standards established in this administrative regulation.

(a) OSV shall have the authority to revoke or suspend a herd's permit for the Herd Certification Program or the Herd Monitoring Program if a person:

Falsifies information on an enrollment application, falsifies subsequent information required for continued enrollment, or refuses to produce documents requested by a representative of OSV;
Fails to comply with requirements in this administrative regulation on cervid identification, cervid inventory, herd records, testing, or cervid movement;
Or facility fails to remain in compliance with KRS Chapters 257 or 150, or any administrative regulation promulgated under the authority thereof;
Fails to comply with an instruction from a representative of OSV; or
Fails to produce any document require to be created or maintained by this administrative regulation.

(b) In accordance with KRS 257.990, a permit holder shall be subject to a monetary fine for violation of this administrative regulation.

(2) Penalties for failure to comply with Section 8, 9, 10, or 11 of this administrative regulation.

(a) In accordance with KRS 150.740(6), a person shall be guilty of a Class D felony upon conviction; and

(b) Upon conviction of a second violation, a person shall be permanently ineligible for renewal of a captive cervid permit.

(3) In accordance with KRS 150.740(7), the Kentucky Department of Fish and Wildlife Resources shall have authority to seize captive cervids that were imported into the Commonwealth in violation of this administrative regulation or KRS 150.740 and 257.550.

(4) Any person whose permit is revoked shall not reapply to the HCP or HMP programs for a period of five (5) years.

(5) Herds enrolled in HMP or HCP programs whose permit holders fail to reapply for permits on or before the application deadline shall be immediately placed in quarantine. These herds shall be subject to a physical herd inventory prior to permit issuance. A hunting or harvest shall not take place during the quarantine period. Herds shall not be re-enrolled in any program without first paying the initial fee of $150 and the renewal fee as required in either the HCP or HMP program.

(6) Removal of official identification, from a cervid without written permission of the OSV shall result in the loss of status for all cervids inside the herd.

Section 20. Expiration or Removal of HCP or HMP Status. All entities that exit an HCP or HMP program that have remaining inventory shall be placed under quarantine until the inventory is eliminated by harvest or sales permitted by the OSV to other HCP or HMP permit holders.

Section 21. Restriction on hog hunting. No hunting of hogs or any member of the porcine species shall be allowed in any HCP or HMP permit area.

Section 22. Material Incorporated by Reference.

(1) The following material is incorporated by reference:

(a) "Cervid Chronic Wasting Disease Surveillance Identification (CCWDSI) Herd Certification Program (HCP) or Herd Monitoring Program (HMP) Application", October 2020;

(b) "Deceased Animal Report", May 2019;

(d) "Herd/Flock Deletions", October 2020;

(e) "Retag Form", February 2017;

(f) "USDA Chronic Wasting Disease Program Standards", May 2019;

(g) "APHIS 91-45-16, Brucellosis in Cervidae", September 2003; and

(h) "APHIS 91-45-011, Bovine Tuberculosis Eradication", January 1999.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Division of Animal Health, 111 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the department's Web site at https://kyagr.com/statevet/farmed-cervids.html.

History

RELATES TO: KRS 150.730-150.735, 246.030(4), 257.020, 257.030, 257.080, 257.990, Chapter 321, 9 C.F.R. Part 55, 81.4, 161.1-161.4
STATUTORY AUTHORITY: KRS 150.720(1), 246.295(1), 257.550, 257.552
NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.720(1), 246.295(1), and 257.550 require the Department of Agriculture, in cooperation with the Department of Fish and Wildlife Resources, to promulgate administrative regulations pertaining to health requirements, eradication of diseases, and identification of privately owned and farm-raised cervids maintained for the production of meat and other products. This administrative regulation establishes criteria and health requirements necessary to prevent the introduction of chronic wasting disease into Kentucky and develop a herd monitoring system, and establishes requirements for intrastate and interstate movement of farmed cervids.
History: 46 Ky.R. 2656, 2910; eff. 7-9-2020; 47 Ky.R. 1435, 1940; eff. 7-6-2021; 50 Ky.R. 158; 1080; 1262; eff. 3-5-2024.

Chapter 26 Pesticides

302 KAR 26:010 Definitions {#sec-302-kar-26-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 26:010}

Section 1. Definitions.

(1) "Accident" means an unexpected, undesirable event caused by the use or presence of a pesticide that adversely affects man or the environment.

(2) "Additional Training Dicamba" means any 3,6-Dichloro-2-methoxybenzoic acid, inclusive of any variant formulation or product name, that requires annual mandatory training pursuant to the product label.

(3) "Agricultural commodity" means any plant or part thereof, or animals or animal products, produced:

(a) By farmers, ranchers, grape growers, plant propagators, Christmas tree growers, aquaculturists, orchardists, foresters, or other comparable persons; and

(b) Primarily for sale.

(4) "Application" means placing of a pesticide or pesticide impregnated fertilizers for effect, including mixing and loading.

(5) "Calibration" means adjustment of dispersal or output of application equipment to control the rate of dispersal and droplet or particle size of a pesticide dispersed by the equipment.

(6) "Certification" or "certified" means recognition by the department that a person has demonstrated a minimum level of competence by examination and continuing education units and is authorized to use or supervise the use of pesticides in the area of certification.

(7) "Compatibility" means that chemical property of a pesticide that permits use with other chemicals without undesirable results being caused by the combination.

(8) "Competence" means properly qualified to perform functions associated with pesticide application, the degree of capability required being directly related to the nature of the activity, and the associated responsibility.

(9) "Continuing education unit" means one (1) contact instructional hour of fifty (50) minutes.

(10) "Customer" means a person who makes a contract, either written or verbal, with an applicator to make an application.

(11) "Department," unless otherwise specified, means the Kentucky Department of Agriculture.

(12) "Environment" means water, air, land, plants, man and other animals living therein, and the interrelationships that exist among them.

(13) "FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq.

(14) "Forest" means a concentration of trees and related vegetation in nonurban areas characterized by natural terrain and drainage patterns.

(15) "Golf course" means land, including a lawn, on which an application is made for the purpose of maintaining that land for use in the game of golf.

(16) "Hazards" means a probability that a given pesticide will have an adverse effect on man or the environment in a given situation with the relative likelihood of danger or ill effect being dependent on a number of interrelated factors present at any given time.

(17) "Interior plantscapes" means ornamentals in the interior of a building.

(18) "In the business of" means the practice of charging a customer for a pesticide application, either as a whole or by a unit of area.

(19) "Inactive status" means holding in reserve a license held by a person not actively engaged in pesticide sales or application.

(20) "Integrated pest management program" means a strategy of controlling pests, general pests, and wood destroying organisms by combining biological, chemical, cultural, mechanical, and physical control methods in a way that minimizes economic, health, and environmental risks.

(21) "Lawn" means land covered with turf, including ornamental plants, maintained for the purpose of human use and enjoyment of outdoor areas.

(22) "Lawn Care" means the use of pesticides to prevent, control, repel, or eliminate pests for the purpose of mitigating threats to the human use and enjoyment of outdoor areas.

(23) "Non-certified applicator" means any person who has not been certified by training or examination and uses pesticides under the direct supervision of a private applicator.

(24) "Non-target organism" means a plant or animal other than the one against which the pesticide is applied.

(25) "Ornamental" means trees, shrubs, and other plantings, except agricultural commodities, in and around habitations generally, but not necessarily located in urban and suburban areas, including residences, parks, streets, retail outlets, industrial, and institutional buildings.

(26) "Outside areas" means the property associated with commercial, industrial, or residential structures where a commercial structural pest management license holder, under KRS 217B.515, is authorized to control pests, general pests, and wood destroying organisms by means other than chemicals used for lawn care or agricultural pests.

(27) "Practical knowledge" means the comprehension of and ability to identify and use pertinent facts in dealing with specific problems and situations.

(28) "Private applicator" means a person certified to use any pesticide for purposes of producing any agricultural commodity on property owned or rented by him or his employer, or to the lands of a farmer-neighbor, if applied without compensation other than trading of personal services between producers of agricultural commodities.

(29) "Protective equipment" means clothing or any other materials or devices that shield against unintentional exposure to pesticides.

(30) "Regulated pest" means an organism for which restrictions, administrative regulations, or control procedures are in effect to protect the host, man, or the environment.

(31) "Standard" means the level of knowledge and ability demonstrated as a requirement for certification.

(32) "State" means the Commonwealth of Kentucky.

(33) "Structure" means any building, regardless of its design or type of construction, public or private, vacant or occupied.

(34) "Toxicity" means the property of a pesticide that causes any adverse physiological effects on a living organism.

(35) "Turf" means the upper stratum of soils bound by grass and plant roots into a thick mat.

History

RELATES TO: KRS Chapter 217B, 7 U.S.C. 136 et. seq.
STATUTORY AUTHORITY: KRS 217B.050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 217B.050 requires the department to promulgate administrative regulations to implement the provisions of KRS Chapter 217B. This administrative regulation establishes the definitions that apply to 302 KAR Chapter 26, which implements the provisions of KRS Chapter 217B.
History: 49 Ky.R. 191; eff. 10-20-2022.

302 KAR 26:020 Pesticide certification and licensing {#sec-302-kar-26-020 omnilex-key=us-ky-regs-official--title-302--302 KAR 26:020}

Section 1. Applicability.

(1) A person shall not be issued a commercial or noncommercial licensed to apply pesticides unless he or she is:

(a) At least eighteen (18) years of age; and

(b) Certified by examination in a category consistent with the pesticide application.

(2) A person shall not purchase restricted use pesticides unless licensed in a category consistent with the purchase.

(3) A person shall qualify for a commercial or noncommercial license after passing an examination confirming competency in the category of license consistent with the intended application of pesticides. The license examinations shall serve as the examinations necessary to fulfill federal commercial pesticide applicator certification requirements.

(4) A pesticide operator, pesticide applicator, noncommercial applicator, or private applicator shall not apply any pesticide unless he or she has certified competency and licensed in a category consistent with the application, as established in this administrative regulation, with the exception of a registered trainee acting under the direct supervision of a licensed person.

(5) The department may, after payment of all applicable fees, waive the certification requirement and issue a license to any person who holds a valid license issued by another state, tribal, or federal agency, if the person is employed by a dealer registered in Kentucky and if the other state, tribal or federal agency:

(a) Has requirements substantially similar to that of Kentucky; and

(b) Agrees to reciprocate with Kentucky.

(6) An application Pesticides License-Certification Application submitted for a reciprocal license shall be accompanied by a twenty-five (25) dollar reciprocal fee.

(7) Exceptions. The requirements in this administrative regulation shall not apply to:

(a) Persons conducting laboratory research involving restricted use pesticides; and

(b) Doctors of medicine and doctors of veterinary medicine applying restricted use pesticides to patients during the course of the ordinary practice of those professions.

Section 2. General Requirements. To obtain certification to qualify for a license, a person shall take and pass, with a minimum score of seventy (70) percent, a certification examination in the category or categories in which certification is requested.

(1) The applicant shall submit form Pesticides License-Certification Application.

(2) Competency in the use and handling of pesticides shall be determined and based upon standards established in Sections 4 and 5 of this administrative regulation.

(3) The examination shall include the general standards applicable to all categories and the additional standards specifically identified for each category or subcategory in which a person desires to be certified.

(4) Examination standards. Examinations shall conform to the standards established in paragraphs (a) through (l) of this subsection.

(a) The examination shall be presented and answered in writing.

(b) The examination shall be proctored by an individual designated by the department and who is not seeking certification at any examination session that he or she is proctoring.

(c) Each person seeking certification shall present at the time of examination valid, government-issued photo identification or a declaration of identity and age as proof of identity and age to be eligible for certification.

(d) Candidates shall be monitored throughout the examination period.

(e) Candidates shall be instructed in examination procedures before beginning the examination.

(f) Examinations shall be kept secure before, during, and after the examination period so that only the candidates have access to the examination, and candidates have access only in the presence of the proctor.

(g) Candidates shall not have verbal or non-verbal communication with anyone other than the proctor during the examination period.

(h) The examination, and portion of the examination, or any associated reference materials shall not be copied or retained by any person other than a person authorized by the department to copy or retain the examination or any associated reference materials.

(i) The only reference materials used during the examination shall be those approved by the department and provided and collected by the proctor.

(j) Reference materials provided to examinees shall be reviewed after the examination is complete to ensure that no portion of the reference material has been removed, altered, or destroyed.

(k) The proctor shall report to the department any examination administration inconsistencies or irregularities, including, for example, cheating, use of unauthorized materials, and attempts to copy or retain the examination.

(l) The department shall notify each candidate of the results of his or her examination.

(5) A person taking the certification examination shall:

(a) Pay an examination fee of twenty-five (25) dollars; and

(b) Submit to the department prior to taking the examination:

A valid government-issued photo identification; or
A declaration of identity and age.

(6) Examination fees shall be charged each time a person takes a certification examination and shall be charged regardless of the passing or failing of the examination.

(7) Upon successfully passing an examination, a person shall have thirty (30) days from the date of testing to pay the license fees for the requested licenses. Failure to pay the license fee (twenty-five (25) dollars for applicators, $100 for operator) within thirty (30) days after the test date by any qualifying person shall require that person to retake and pass the examination and pay all required fees before issuance of a license could occur.

Section 3. License Categories. Commercial and non-commercial pesticide licenses shall be obtained in the categories of pesticide use or application as established in subsections (1) through (13) of this section. A private applicator license shall be obtained from the department pursuant to Section 7 of this administrative regulation.

(1) Agricultural pest control. This category shall be divided into the following subcategories:

(a) Plant. This subcategory shall include persons applying or supervising the application of pesticides in production of agricultural commodities including, for example, tobacco, peanuts, cotton, feed grains, soybeans and forage, vegetables, small fruits, tree fruits and nuts, grasslands, non-crop agricultural lands, and greenhouses; and

(b) Animal. This subcategory shall include persons applying or supervising the application of pesticides on animals including beef cattle, dairy cattle, swine, sheep, horses, goats, poultry, and livestock, and to places on or in which animals are confined.

(2) Forest pest control. This category shall include persons applying or supervising the application of pesticides in forests, forest nurseries, and forest seed producing areas.

(3) Ornamental, turf and lawn care. This category shall include persons applying pesticides or impregnated fertilizer to control insects, weeds, and diseases in turf, lawns, and maintenance of ornamental trees, shrubs and flowers, including the control of pests that do not normally invade structures, such as bagworms, grubs, and moles. Licensure in this category shall qualify an applicator to make applications to interior plantscapes, sports turf, and golf courses.

(4) Seed treatment. This category applies to commercial applicators using or supervising the use of restricted use pesticides on seeds in seed treatment facilities.

(5) Aquatic pest control. This category shall include persons applying or supervising the application of any pesticide purposefully applied to standing or running water. Applicators holding a public health pest control license and engaged in public health-related activities may make applications requiring an aquatic pest control license.

(6) Right-of-way pest control. This category shall include persons applying or supervising the application of pesticides in the maintenance of public roads, utility lines, pipelines, railway rights-of-way, or other similar areas.

(7) Industrial, institutional, and structural pest control. This category shall apply to persons who use or supervise the use of pesticides in, on, or around food handling establishments, packing houses, and food-processing facilities; human dwellings; institutions, such as schools, hospitals, and prisons; and industrial establishments, including manufacturing facilities, warehouses, grain elevators, and any other structures and outside areas, public or private, for the protection of stored, processed, or manufactured products. Industrial, institutional, and structural, pest control shall be divided into the following subcategories:

(a) Structural pest management. Structural pest management shall include persons who use pesticides, other than fumigants, to control pests, general pests, and wood-destroying organisms that threaten the structural integrity, the human occupancy, or the contents of such structures. Persons licensed under this section shall be exempt from the certification license requirements of other categories if using or supervising the use of pesticides to control pests, general pests, and wood-destroying organisms in outside areas related to a structure;

(b) Structural fumigation. Structural fumigation shall include persons who use or supervise the use of a pesticide to fumigate anything other than soil, including structures intended for human occupancy; and

(c) Wood preservatives. This subcategory shall include persons who apply pesticides to wood and wood products to protect from wood-destroying organisms. Excluded from this category shall be persons engaged in structural pest control.

(8) Public health pest control. This category shall include state, tribal, federal or other governmental employees and contractors who use or supervise the use of pesticides in government-sponsored public health programs for the management and control of pests having medical and public health importance. Applicators holding a public health pest control license and engaged in public health-related activities may make applications requiring an aquatic pest control license.

(9) Regulatory pest control. This category shall include state, tribal, federal, or other local governmental employees and contractors who use or supervise the use of pesticides in government-sponsored programs for the control of regulated pests. Licensure in this category does not authorize the purchase, use, or supervision of use of products for predator control authorized under federal law.

(10) Demonstration and research pest control. This category shall include individuals who demonstrate to the public the proper uses and techniques of applying pesticides or supervise the demonstration. Included in this group shall be persons such as extension specialists and county agents, individuals demonstrating methods used in public programs, and persons conducting field research with pesticides, and in so doing, apply or supervise the application of pesticides. This group shall include state and federal employees and other persons conducting field research on pesticides.

(11) Aerial. This category shall include persons applying pesticides using fixed or rotary wing aircraft or unmanned aerial vehicles. Persons obtaining this category shall also possess an additional license in another category that relates to the location of the intended target pest.

(12) Soil fumigation. This category shall include persons who use or supervise the use of a pesticide to fumigate soil.

(13) Non-soil fumigation. This category shall include persons who use or supervise the use of a pesticide to fumigate anything other than soil, excluding structures intended for human occupancy.

Section 4. Core Standards of Competency. Examinations shall be based on examples of problems and situations appropriate to the particular category or subcategory of the requested certification and shall include competency with:

(1) Label and labeling comprehension. Familiarity with pesticide labels and labeling and their functions, including:

(a) The general format and terminology of pesticide labels and labeling;

(b) Understanding instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels and labeling;

(c) Understanding that it is a violation of federal law to use any registered pesticide in a manner inconsistent with its labeling;

(d) Understanding labeling requirements that a certified applicator shall be physically present at the site of the application;

(e) Understanding labeling requirements for supervising noncertified applicators working under the direct supervision of a certified applicator;

(f) Understanding that applicators shall comply with all use restrictions and directions for use contained in pesticide labels and labeling, including being certified in the certification category appropriate to the type and site of the application;

(g) Understanding the meaning of product classification as either general or restricted use and that a product may be unclassified;

(h) Understanding and complying with product-specific notification requirements; and

(i) Recognizing and understanding the difference between mandatory and advisory labeling language;

(2) Safety. Measures to avoid or minimize adverse health effects, including:

(a) Understanding the different natures of the risks of acute toxicity and chronic toxicity, as well as the long-term effects of pesticides;

(b) Understanding that a pesticide's risk is a function of exposure and the pesticide's toxicity;

(d) Common types and causes of pesticide mishaps;

(e) Precautions to prevent injury to applicators and other individuals in or near treated areas;

(f) Need for, and proper use of, protective clothing and personal protective equipment;

(g) Symptoms of pesticide poisoning;

(h) First aid and other procedures to be followed in case of a pesticide mishap; and

(i) Proper identification, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers;

(3) Environment. The potential environmental consequences of the use and misuse of pesticides, including the influence of:

(a) Weather and other indoor and outdoor climatic conditions;

(b) Types of terrain, soil, or other substrate;

(d) Drainage patterns;

(4) Pests. The proper identification and effective control of pests, including:

(a) The importance of correctly identifying target pests and selecting the proper pesticide product for effective pest control; and

(b) Verifying that the labeling does not prohibit the use of the product to control the target pest;

(5) Pesticides. Characteristics of pesticides, including:

(a) Types of pesticides;

(b) Types of formulations;

(d) Hazards and residues associated with use;

(e) Factors that influence effectiveness or lead to problems such as pesticide resistance; and

(f) Dilution procedures;

(6) Equipment. Application equipment, including:

(a) Types of equipment and advantages and limitations of each type; and

(b) Use, maintenance, and calibration procedures;

(7) Application methods. Selecting appropriate application methods, including:

(a) Methods used to apply various forms and formulations of pesticides;

(b) Knowledge of which application method to use in a given situation and that use of a fumigant and aerial application requires additional certification;

(c) How selection of application method and use of a pesticide could result in proper use, unnecessary or ineffective use, and misuse; and

(d) Prevention of drift and pesticide loss into the environment;

(8) Laws and regulations. Knowledge of all applicable state, tribal, and federal laws and regulations;

(9) Responsibilities of supervisors of noncertified applicators. Knowledge of the responsibilities of certified applicators supervising noncertified applicators, including:

(a) Understanding and complying with requirements in 302 KAR 26:050 for commercial applicators who supervise noncertified applicators using pesticides;

(b) The recordkeeping requirements of pesticide safety training for noncertified applicators who use pesticides under the direct supervision of a certified applicator;

(c) Providing use-specific instructions to noncertified applicators using pesticides under the direct supervision of a certified applicator; and

(d) Explaining pertinent state, tribal, and federal laws and regulations to noncertified applicators who use pesticides under the direct supervision of a certified applicator;

(10) Professionalism. Understanding the importance of:

(a) Maintaining chemical security for restricted use pesticides;

(b) How to communicate information about pesticide exposures and risks with customers and the public; and

Section 5. Specific Standards of Competency. In addition to meeting the requirements of Sections 3 and 4 of this administrative regulation, persons requesting certification for a specific category shall demonstrate competence relating to that category as established in subsections (1) through (12) of this section.

(1) Agricultural. This category shall be subdivided as follows:

(a) Plant. Persons requesting agricultural plant certification shall demonstrate practical knowledge of crops and specific pests of those crops for which they could be using pesticides. Practical knowledge shall be required concerning soil and water problems, pre-harvest intervals, reentry intervals, phytotoxicity, potential for environmental contamination, drift and non-target injury, and community problems resulting from the use of pesticides in agricultural areas; and

(b) Animal. Persons requesting agricultural animal certification shall demonstrate practical knowledge of agricultural animals and their associated pests and the relative hazards associated with such factors as formulation, application techniques, the age of animal, stress, and extent of treatment. Practical knowledge shall also be required concerning specific pesticide toxicities and residue potentials because host animals will frequently be used for food.

(2) Forestry. Persons requesting forest certification shall demonstrate practical knowledge of types of forests, forest nurseries, and seed production within the jurisdiction of the department and the pests involved. The required knowledge shall include the cyclic occurrence of certain pests and specific population dynamics as a basis for programming pesticide applications, the relevant organisms causing harm and their vulnerability to the pesticides to be applied, how to determine when pesticide use is proper, selection of application method and proper use of application equipment to minimize non-target exposures, and appropriate responses to meteorological factors and adjacent land use. The required knowledge also shall include the potential for phytotoxicity due to a wide variety of plants to be protected, for drift, for persistence beyond the intended period of pest control, and for non-target exposures.

(3) Ornamental, turf and lawn care. Persons requesting ornamental and turf certification shall demonstrate practical knowledge of pesticide problems associated with the production and maintenance of ornamental trees, shrubs, plantings, and turf, including cognizance of potential phytotoxicity due to a wide variety of plant material and non-target organisms, drift, and persistence beyond the intended period of pest control. Practical knowledge shall also be required concerning fungi, weeds, insect infestation, disease control, and fertility; the safe handling and proper application of pesticides and fertilizers; toxicity of pesticides to human and nontarget organisms; proper cleaning, disposal and containment techniques for pesticides; effects of pesticides on ground water; and the use of conveying or handling equipment. Because of the frequent proximity of application to human habitations, applicators in this category shall demonstrate practical knowledge of application methods that shall minimize or prevent hazards to humans, pets, and other domestic animals.

(4) Seed treatment. Persons requesting seed treatment certification shall demonstrate practical knowledge including recognizing types of seeds to be treated, the effects of carriers and surface active agents on pesticide binding and germination, the hazards associated with handling, sorting and mixing, and misuse of treated seed, the importance of proper application techniques to avoid harm to non-target organisms, and the proper disposal of unused treated seeds.

(5) Aquatic. Persons requesting aquatic certification shall demonstrate practical knowledge of the characteristics of various aquatic use situations, the potential for adverse effects on non-target plants, fish, birds, beneficial insects, and other organisms in the treated aquatic environment and downstream, and the principles of limited area application.

(6) Right-of-way. Persons requesting right-of-way certification shall demonstrate practical knowledge of the types of environments (terrestrial and aquatic) traversed by rights-of-way, recognition of target pests, and techniques to minimize non-target exposure, runoff, drift, and excessive foliage destruction. The required knowledge also shall include the potential for phytotoxicity due to a wide variety of plants and pests to be controlled, and for persistence beyond the intended period of pest control.

(7) Industrial, institutional, and structural pest control. This category shall be subdivided as follows:

(a) Structural pest management. Persons requesting certification in this subcategory shall demonstrate practical knowledge of a wide variety of pests including general pests and wood destroying organisms. This practical knowledge shall include their life cycles, habits, types of formulations, insecticides appropriate for their control, minimum standards of application, and methods of application that avoid contamination of habitat and exposure of people and pets and a practical knowledge of an integrated pest management program to determine if and when a treatment is needed. Components of an integrated pest management program may include education, proper sanitation, structural repair, mechanical control techniques, and pesticide application. Because human exposure is frequently a potential problem, an applicant shall demonstrate practical knowledge of the specific factors that could lead to a hazardous condition. Because structural pest control may involve outdoor applications, an applicant shall also demonstrate practical knowledge of environmental conditions.

(b) Structural fumigation. Persons requesting certification in this subcategory shall demonstrate a practical knowledge of those pests for which treatment by fumigation is an appropriate control technique. This practical knowledge shall include their life cycles, fumigants appropriate for their control, and alternative control techniques. Because of the potential dangers inherent in the use of fumigant gases, especially in structures intended for human occupancy, the applicant shall demonstrate knowledge of:

Label and labeling comprehension. Familiarity with the pesticide labels and labeling for products used to perform non-soil fumigation, including labeling requirements specific to non-soil fumigants;
Safety. Measures to minimize adverse health effects, including:

a. Understanding how certified applicators, noncertified applicators using fumigants under direct supervision of certified applicators, and bystanders can become exposed to fumigants;

b. Common problems and mistakes that can result in direct exposure to fumigants;

c. Signs and symptoms of human exposure to fumigants;

d. Air concentrations of a fumigant that require applicators to wear respirators or to exit the work area entirely;

e. Steps to take if a fumigant applicator experiences sensory irritation;

f. Understanding air monitoring, when it is required, and where and when to take samples;

g. Buffer zones, including procedures for buffer zone monitoring and who is permitted to be in a buffer zone;

h. First aid measures to take in the event of exposure to a fumigant; and

i. Labeling requirements for transportation, storage, spill clean-up, and emergency response for non-soil fumigants, including safe disposal of containers and contaminated materials, and management of empty containers;

Non-soil fumigant chemical characteristics. Characteristics of non-soil fumigants, including:

a. Chemical characteristics of non-soil fumigants;

b. Specific human exposure concerns for non-soil fumigants;

c. How fumigants change from a liquid or solid to a gas;

d. How fumigants disperse in the application zone; and

e. Compatibility concerns for tanks, hoses, tubing, and other equipment;

Application. Selecting appropriate application methods and timing, including:

a. Application methods and equipment commonly used for non-soil fumigation;

b. Site characteristics that influence fumigant exposure;

c. Conditions that could impact timing of non-soil fumigant application, such as air stability, air temperature, humidity, and wind currents, and labeling statements limiting applications under specific conditions;

d. Conducting pre-application inspection of application equipment and the site to be fumigated;

e. Understanding the purpose and methods of sealing the area to be fumigated, including the factors that determine which sealing method to use;

f. Calculating the amount of product required for a specific treatment area;

g. Understanding the basic techniques for calibrating non-soil fumigant application equipment; and

h. Understanding when and how to conduct air monitoring and when it is required;

Pest factors. Pest factors that influence fumigant activity, including:

a. Influence of pest factors on fumigant volatility;

b. Factors that influence gaseous movement through the area being fumigated and into the air;

c. Identifying pests causing the damage and verifying they can be controlled with fumigation;

d. Understanding the relationship between pest density and application rate; and

e. The importance of proper application rate and timing;

Personal protective equipment. Understanding what personal protective equipment is necessary and how to use it properly, including:

a. Following labeling directions for required personal protective equipment;

b. Selecting, inspecting, using, caring for, replacing, and disposing of personal protective equipment;

c. Understanding the types of respirators required if using specific non-soil fumigants and how to use them properly, including medical evaluation, fit testing, and required replacement of cartridges and canisters; and

d. Labeling requirements and other laws applicable to medical evaluation for respirator use, fit tests, training, and recordkeeping;

Fumigant management plans and post-application summaries. Information about fumigant management plans and when they are required, including:

a. When a fumigant management plan shall be in effect, how long it shall be kept on file, where it shall be kept during the application, and who shall have access to it;

b. The elements of a fumigant management plan and resources available to assist the applicator in preparing a fumigant management plan;

c. The person responsible for verifying that a fumigant management plan is accurate; and

d. The elements, purpose, and content of a post-application summary, who shall prepare it, and when it shall be completed; and

Posting requirements. Understanding posting requirements, including:

a. Understanding who is allowed in an area being fumigated or after fumigation and who is prohibited from being in the areas;

b. Distinguishing fumigant labeling-required posting and treated area posting, including the pre-application and post-application posting timeframes for each; and

c. Proper choice and placement of warning signs; and

(c) Wood preservative. Persons requesting certification in this category shall demonstrate practical knowledge in the use of wood preservatives, air monitoring procedures, personal protective clothing and equipment, hygiene, related health and safety measures, emergency procedures, and practices necessary to prevent environmental contamination.

(8) Public health. Persons requesting public health certification shall demonstrate practical knowledge of vector-disease transmission as it relates to and influences pesticide application programs. A wide variety of pests are involved, and pests shall be known and recognized. Appropriate life cycles and habitats shall be understood as a basis for control strategy. An applicant shall have practical knowledge of a great variety of environments ranging from streams to those conditions found in buildings. An applicant shall have knowledge of how to minimize damage to and contamination of areas treated, acute and chronic exposure of people and pets, and non-target exposures. An applicant shall also have a practical knowledge of the importance and employment of nonchemical control methods as sanitation, waste disposal, and drainage.

(9) Regulatory pest control. Persons requesting certification in this category shall demonstrate practical knowledge of regulated pests, applicable laws relating to quarantine and other regulation of pests, and the potential impact on the environment of pesticides used in suppression and eradication programs. They shall demonstrate knowledge of factors influencing introduction, spread, and population dynamics of relevant pests. Their knowledge shall extend beyond that required by their immediate duties because their services are frequently required in other areas of the country where emergency measures are invoked to control regulated pests and where individual judgments are necessary.

(10) Demonstration and research. Persons requesting certification in this category shall demonstrate practical knowledge of the potential problems, pests, and population levels reasonably expected to occur in a demonstration situation and the effects of pesticides on target and non-target organisms. In addition, they shall demonstrate competency in each pest control category applicable to their demonstrations. The person shall demonstrate an understanding of techniques to mitigate effects of pesticides on non-target organisms. Persons conducting demonstration pest control work shall possess a practical knowledge in each pest control category applicable to their demonstrations.

(11) Aerial pest control. Persons requesting certification in this category shall demonstrate practical knowledge of the pest problems and pest control practices associated with performing aerial application of pesticides, including:

(a) Labeling. Labeling requirements and restrictions specific to aerial application of pesticides including:

Spray volumes;
Buffers and no-spray zones; and
Weather conditions specific to wind and inversions;

(b) Application equipment. Understand how to choose and maintain aerial application equipment, including:

The importance of inspecting application equipment to ensure it is in proper operating condition prior to beginning an application;
Selecting proper nozzles to ensure appropriate pesticide dispersal and to minimize drift;
Knowledge of the components of an aerial pesticide application system, including pesticide hoppers, tanks, pumps, and types of nozzles;
Interpreting a nozzle flow rate chart;
Determining the number of nozzles for intended pesticide output using nozzle flow rate chart, aircraft speed, and swath width;
How to ensure nozzles are placed to compensate for uneven dispersal due to uneven airflow from wingtip vortices, helicopter rotor turbulence, and aircraft propeller turbulence;
Where to place nozzles to produce the appropriate droplet size;
How to maintain the application system in good repair, including pressure gauge accuracy, filter cleaning according to schedule, and checking nozzles for excessive wear;
How to calculate required and actual flow rates;
How to verify flow rate using fixed timing, open timing, known distance, or a flow meter; and
When to adjust and calibrate application equipment;

(c) Application considerations. The applicator shall demonstrate knowledge of factors to consider before and during application, including:

Weather conditions that could impact application by affecting aircraft engine power, take-off distance, and climb rate, or by promoting spray droplet evaporation;
How to determine wind velocity, direction, and air density at the application site; and
The potential impact of thermals and temperature inversions on aerial pesticide application;

(d) Minimizing drift. The applicator shall demonstrate knowledge of methods to minimize off-target pesticide movement, including:

How to determine drift potential of a product using a smoke generator;
How to evaluate vertical and horizontal smoke plumes to assess wind direction, speed, and concentration;
Selecting techniques that minimize pesticide movement out of the area to be treated; and
Documenting special equipment configurations or flight patterns used to reduce off-target pesticide drift; and

(e) Performing aerial application. The applicator shall demonstrate competency in performing an aerial pesticide application, including:

Selecting a flight altitude that minimizes streaking and off-target pesticide drift;
Choosing a flight pattern that ensures applicator and bystander safety and proper application;
The importance of engaging and disengaging spray precisely when entering and exiting a predetermined swath pattern;
Tools available to mark swaths, such as global positioning systems and flags; and
Recordkeeping requirements for aerial pesticide applications including application conditions if applicable.

(12) Soil Fumigation. Persons requesting certification in this category shall demonstrate practical knowledge of the pest problems and pest control practices associated with performing soil fumigation applications, including:

(a) Label and labeling comprehension. Familiarity with the pesticide labels and labeling for products used to perform soil fumigation, including:

Labeling requirements specific to soil fumigants;
Requirements for certified applicators of fumigants, fumigant handlers and permitted fumigant handler activities, and the safety information that certified applicators shall provide to noncertified applicators using fumigants under their direct supervision;
Entry-restricted periods for tarped and untarped field application scenarios;
Recordkeeping requirements; and
Labeling provisions unique to fumigant products containing certain active ingredients;

(b) Safety. Measures to minimize adverse health effects, including:

Understanding how certified applicators, noncertified applicators using fumigants under direct supervision of certified applicators, field workers, and bystanders can become exposed to fumigants;
Common problems and mistakes that can result in direct exposure to fumigants;
Signs and symptoms of human exposure to fumigants;
Air concentrations of a fumigant that require that applicators wear respirators or exit the work area entirely;
Steps to take if a fumigant applicator experiences sensory irritation;
Understanding air monitoring, when it is required, and where and when to take samples;
Buffer zones, including procedures for buffer zone monitoring and who is permitted to be in a buffer zone;
First aid measures to take in the event of exposure to a soil fumigant; and
Labeling requirements for transportation, storage, spill clean-up, and emergency response for soil fumigants, including safe disposal of containers and contaminated soil, and management of empty containers;

Chemical characteristics of soil fumigants;
Specific human exposure concerns for soil fumigants;
How soil fumigants change from a liquid or solid to a gas;
How soil fumigants disperse in the application zone; and
Compatibility concerns for tanks, hoses, tubing, and other equipment;

(d) Application. Selecting appropriate application methods and timing, including:

Application methods, including, for example, water-run and non-water- run applications and equipment commonly used for each soil fumigant;
Site characteristics that influence fumigant exposure;
Understanding temperature inversions and their impact on soil fumigant application;
Weather conditions that could impact timing of soil fumigant application, such as air stability, air temperature, humidity, and wind currents, and labeling statements limiting applications during specific weather conditions;
Conducting pre-application inspection of application equipment;
Understanding the purpose and methods of soil sealing, including the factors that determine which soil sealing method to use;
Understanding the use of tarps, including the range of tarps available, how to seal tarps, and labeling requirements for tarp removal, perforation, and repair;
Calculating the amount of product required for a specific treatment area; and
Understanding the basic techniques for calibrating soil fumigant application equipment;

(e) Soil and pest factors. Soil and pest factors that influence fumigant activity, including:

Influence of soil factors on fumigant volatility and movement within the soil profile;
Factors that influence gaseous movement through the soil profile and into the air;
Soil characteristics, including how soil characteristics affect the success of a soil fumigant application, assessing soil moisture, and correcting for soil characteristics that could hinder a successful soil fumigant application;
Identifying pests causing the damage and verifying they can be controlled with soil fumigation;
Understanding the relationship between pest density and application rate; and
The importance of proper application depth and timing.

(f) Personal protective equipment. Understanding what personal protective equipment is necessary and how to use it properly, including all of the following:

Following labeling directions for required personal protective equipment;
Selecting, inspecting, using, caring for, replacing, and disposing of personal protective equipment;
Understanding the types of respirators required when using specific soil fumigants and how to use them properly, including medical evaluation, fit testing, and required replacement of cartridges and canisters; and
Labeling requirements and other laws applicable to medical evaluation for respirator use, fit tests, training, and recordkeeping;

(g) Fumigant management plans and post-application summaries. Information about fumigant management plans, including:

When a fumigant management plan shall be in effect, how long it shall be kept on file, where it shall be kept during the application, and who shall have access to it;
The elements of a fumigant management plan and resources available to assist the applicator in preparing a fumigant management plan;
The person responsible for verifying that a fumigant management plan is accurate; and
The elements, purpose and content of a post-application summary, who shall prepare it, and when it shall be completed; and

(h) Buffer zones and posting requirements. Understanding buffer zones and posting requirements, including:

Buffer zones and the buffer zone period;
Identifying who is allowed in a buffer zone during the buffer zone period and who is prohibited from being in a buffer zone during the buffer zone period;
Using the buffer zone table from the labeling to determine the size of the buffer zone;
Factors that determine the buffer zone credits for application scenarios and calculating buffer zones using credits;
Distinguishing buffer zone posting and treated area posting, including the pre-application and post-application posting timeframes for each; and
Proper choice and placement of warning signs.

(13) Non-soil fumigation. Persons requesting certification in this category shall demonstrate practical knowledge of the pest problems and pest control practices associated with performing fumigation applications of pesticides to sites other than soil and specifically excluding structures intended for human occupancy, including:

(a) Label and labeling comprehension. Familiarity with the pesticide labels and labeling for products used to perform non-soil fumigation, including labeling requirements specific to non-soil fumigants;

(b) Safety. Measures to minimize adverse health effects, including:

Understanding how certified applicators, noncertified applicators using fumigants under direct supervision of certified applicators, and bystanders can become exposed to fumigants;
Common problems and mistakes that can result in direct exposure to fumigants;
Signs and symptoms of human exposure to fumigants;
Air concentrations of a fumigant that require applicators to wear respirators or to exit the work area entirely;
Steps to take if a fumigant applicator experiences sensory irritation;
Understanding air monitoring, when it is required, and where and when to take samples;
Buffer zones, including procedures for buffer zone monitoring and who is permitted to be in a buffer zone;
First aid measures to take in the event of exposure to a fumigant; and
Labeling requirements for transportation, storage, spill clean-up, and emergency response for non-soil fumigants, including safe disposal of containers and contaminated materials, and management of empty containers;

Chemical characteristics of non-soil fumigants;
Specific human exposure concerns for non-soil fumigants;
How fumigants change from a liquid or solid to a gas;
How fumigants disperse in the application zone; and
Compatibility concerns for tanks, hoses, tubing, and other equipment;

(d) Application. Selecting appropriate application methods and timing, including:

Application methods and equipment commonly used for non-soil fumigation;
Site characteristics that influence fumigant exposure;
Conditions that could impact timing of non-soil fumigant application, such as air stability, air temperature, humidity, and wind currents, and labeling statements limiting applications under specific conditions;
Conducting pre-application inspection of application equipment and the site to be fumigated;
Understanding the purpose and methods of sealing the area to be fumigated, including the factors that determine which sealing method to use;
Calculating the amount of product required for a specific treatment area;
Understanding the basic techniques for calibrating non-soil fumigant application equipment; and
Understanding when and how to conduct air monitoring and when it is required;

(e) Pest factors. Pest factors that influence fumigant activity, including:

Influence of pest factors on fumigant volatility;
Factors that influence gaseous movement through the area being fumigated and into the air;
Identifying pests causing the damage and verifying they can be controlled with fumigation;
Understanding the relationship between pest density and application rate; and
The importance of proper application rate and timing;

(f) Personal protective equipment. Understanding what personal protective equipment is necessary and how to use it properly, including:

Following labeling directions for required personal protective equipment;
Selecting, inspecting, using, caring for, replacing, and disposing of personal protective equipment;
Understanding the types of respirators required when using specific non-soil fumigants and how to use them properly, including medical evaluation, fit testing, and required replacement of cartridges and canisters; and
Labeling requirements and other laws applicable to medical evaluation for respirator use, fit tests, training, and recordkeeping;

(g) Fumigant management plans and post-application summaries. Information about fumigant management plans and when they are required, including:

When a fumigant management plan shall be in effect, how long it shall be kept on file, where it must be kept during the application, and who shall have access to it;
The elements of a fumigant management plan and resources available to assist the applicator in preparing a fumigant management plan;
The person responsible for verifying that a fumigant management plan is accurate; and
The elements, purpose and content of a post-application summary, who shall prepare it, and when it shall be completed; and

(h) Posting requirements. Understanding posting requirements, including:

Understanding who is allowed in an area being fumigated or after fumigation and who is prohibited from being in such areas;
Distinguishing fumigant labeling-required posting and treated area posting, including the pre-application and post-application posting timeframes for each; and
Proper choice and placement of warning signs.

Section 6. Competency Certification Maintenance.

(1) To maintain eligibility for licensure renewal, each person certified and licensed under this administrative regulation, other than a private applicator or a non-certified applicator established in 302 KAR 26:070, shall in the three (3) year period prior to the annual renewal application submission, attend at least twelve (12) continuing education units (CEU) of training, approved by the department in accordance with subsection (2) of this section, in the use and application of pesticides.

(2) All continuing education units approved by the department shall consist of at least one (1) topic from the core standards of competency listed in Section 4 of this administrative regulation and at least one (1) topic from the specific standards of competency listed in Section 5 of this administrative regulation.

(3) At least one (1) CEU credit shall be obtained from the Specific Standards of Competency listed in Section 5 of this administrative regulation related to each category of license held by the person.

(4) Credit shall be awarded in full continuing education units only.

(5) Failure to obtain at least twelve (12) CEU credits within three (3) year period prior to renewal shall result in the licensee not being granted a new license until:

(a) The former license holder successfully passes the competency examination for the license associated with the CEU deficiency; and

(b) All required fees and any associated fines are paid.

Section 7. Private Applicators.

(1) Private applicator certification and licensing.

(a) Before using or supervising the use of a restricted use pesticide as a private applicator, a person shall obtain a license after being certified as having the necessary competency to use restricted use pesticides for pest control in the production of agricultural commodities.

(b) There shall be no fee for this license.

(c) Persons seeking certification as private applicators shall demonstrate practical knowledge of the principles and practices of pest control associated with the production of agricultural commodities and effective use of restricted use pesticides, including:

Label and labeling comprehension. Familiarity with pesticide labels and labeling and their functions, including:

a. The general format and terminology of pesticide labels and labeling;

b. Understanding instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels and labeling;

c. Understanding that it is a violation of Federal law to use any registered pesticide in a manner inconsistent with its labeling;

d. Understanding when a certified applicator shall be physically present at the site of the application based on labeling requirements;

e. Understanding labeling requirements for supervising noncertified applicators working under the direct supervision of a certified applicator;

f. Understanding that applicators shall comply with all use restrictions and directions for use contained in pesticide labels and labeling;

g. Understanding that additional certification and licensing is required to use restricted use pesticides for fumigation or aerial application;

h. Understanding the meaning of product classification as either general or restricted use and that a product may be unclassified;

i. Understanding and complying with product-specific notification requirements; and

j. Recognizing and understanding the difference between mandatory and advisory labeling language;

Safety. Measures to avoid or minimize adverse health effects, including:

a. Understanding the different natures of the risks of acute toxicity and chronic toxicity, as well as the long term effects of pesticides;

b. Understanding that a pesticide's risk is a function of exposure and the pesticide's toxicity;

c. Recognition of likely ways in which dermal, inhalation, and oral exposure could occur;

d. Common types and causes of pesticide mishaps;

e. Precautions to prevent injury to applicators and other individuals in or near treated areas;

f. Need for, and proper use of, protective clothing and personal protective equipment.

g. Symptoms of pesticide poisoning;

h. First aid and other procedures to be followed in case of a pesticide mishap; and

i. Proper identification, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers;

Environment. The potential environmental consequences of the use and misuse of pesticides, including the influence of:

a. Weather and other climatic conditions;

b. Types of terrain, soil, or other substrate;

c. Presence of fish, wildlife, and other non-target organisms; and

d. Drainage patterns;

Pests. The proper identification and effective control of pests, including:

a. The importance of correctly identifying target pests and selecting the proper pesticide product; and

b. Verifying that the labeling does not prohibit the use of the product to control the target pest;

Pesticides. Characteristics of pesticides, including:

a. Types of pesticides;

b. Types of formulations;

c. Compatibility, synergism, persistence, and animal and plant toxicity of the formulations;

d. Hazards and residues associated with use;

e. Factors that influence effectiveness or lead to problems such as pesticide resistance; and

f. Dilution procedures;

Equipment. Application equipment, including:

a. Types of equipment and advantages and limitations of each type.

b. Uses, maintenance, and calibration procedures.

Application methods. Selecting appropriate application methods, including:

a. Methods used to apply various forms and formulations of pesticides;

b. Knowledge of which application method to use in a given situation and that use of a fumigant or aerial application requires additional certification;

c. How selection of application method and use of a pesticide could result in proper use, unnecessary or ineffective use, and misuse; and

d. Prevention of drift and pesticide loss into the environment;

Laws and regulations. Knowledge of all applicable state, tribal, and federal laws and regulations, including understanding the Worker Protection Standard in 40 C.F.R. Part 170 and the circumstances where compliance is required;
Responsibilities for supervisors of noncertified applicators. Certified applicator responsibilities related to supervision of noncertified applicators, including:

a. Understanding and complying with requirements in 302 KAR 26:070 for private applicators who supervise noncertified applicators using restricted use pesticides;

b. Providing use-specific instructions to noncertified applicators using restricted use pesticides under the direct supervision of a certified applicator; and

c. Explaining appropriate State, Tribal, and Federal laws and regulations to noncertified applicators working under the direct supervision of a certified applicator;

Stewardship. Understanding the importance of:

a. Maintaining chemical security for restricted use pesticides; and

b. How to communicate information about pesticide exposures and risks with agricultural workers and handlers and other persons; and

Agricultural pest control. Practical knowledge of pest control applications to agricultural commodities including:

a. Specific pests of relevant agricultural commodities;

b. How to avoid contamination of ground and surface waters;

c. Understanding pre-harvest and restricted entry intervals and entry restricted periods and areas;

d. Understanding specific pesticide toxicity and residue potential when pesticides are applied to animal or animal product agricultural commodities; and

e. Relative hazards associated with using pesticides on animals or places in which animals are confined based on formulation, application technique, age of animal, stress, and extent of treatment.

(2) Private applicator minimum age. A private applicator shall be at least eighteen (18) years old.

(3) Private applicator competency. The certification of competency for each private applicator candidate shall be established based upon the standards established in paragraph (a) of this subsection in order to assure that private applicators have the competency to use and supervise the use of restricted use pesticides in accordance with applicable state, tribal, and federal laws and regulations. Either a written examination process as established in paragraph (a) of this subsection or a non-examination training process as established in paragraph (b) of this subsection shall be used to assure the competency of private applicators.

(a) Determination of competency certification by examination. If an examination process is used to determine the competency of private applicators, the examination process shall meet all of the requirements of Section 2(4) of this administrative regulation.

(b) Training for competency certification without examination. Any candidate for certification as a private applicator may complete a training program approved by the department to establish competency. A training program to establish private applicator competency shall conform to the criteria established in subparagraphs 1. and 2. of this paragraph.

Identification. Each person seeking certification shall present a valid, government-issued photo identification, or a declaration of identity and age at the time of the training program to be eligible for certification.
Training programs for private applicator certification. The training program for private applicator certification shall cover the competency standards established in subsection (1)(c) of this section in sufficient detail to allow the private applicator to demonstrate practical knowledge of the principles and practices of pest control and proper and effective use of restricted use pesticides.

(4) Exceptions. The requirements in this section shall not apply to:

(a) Persons conducting laboratory research involving restricted use pesticides; and

(b) Doctors of medicine and doctors of veterinary medicine applying restricted use pesticides to patients during the course of the ordinary practice of those professions.

(5) Renewals. A private applicators license shall be deemed automatically renewed at the moment of issuance for the following two (2) calendar years from the calendar year of issuance.

Section 8. Credentials. If a person meets all the requirements to obtain a category-specific license under KRS Chapter 217B and this administrative regulation, the department shall issue a document signifying that he or she is licensed and certified in the category for which he or she qualifies.

(1) Inactive status.

(a) If an applicator or operator, for any reason, changes status and is no longer employed by a dealer or a structural pest management company but elects to maintain his or her license, the licensee shall do so by advising the department of the change and the reason for the change.

(b) The department shall then issue to that person a notification that the license shall be held in inactive status.

(d) The licensee shall not be required to register as a dealer or be permitted to perform any type of regulated activity until the license is reactivated and properly assigned to a dealer.

(2) Kentucky Department of Agriculture employee license and certification. An employee of the department shall not obtain or maintain any pesticide license other than a noncommercial or private applicator license during the term of employment with the department unless required by the department in the performance of official duties.

Section 9. License Renewal and Employment Reporting.

(1) Each license issued by the department shall expire on December 31 of each calendar year.

(2) Failure to renew a license, after January 31 of each year, shall result in the former license holder being required to retest as an initial applicant, after any applicable fines are paid.

(3) At the time of license renewal, each dealer or structural pest management company shall submit to the department a list with the following information on each employee:

(a) Name;

(b) Address; and

(4) Within thirty (30) days of the addition or termination of an employee, the dealer or structural pest management company shall submit to the department the information required in subsection (3) of this section for each new or terminated employee.

Section 10. Conversion of License Categories and Qualifying Certifications. Upon final adoption of this administrative regulation the following conversion of categories and qualifying certifications will become effective:

(1) A licensee holding a current Category 1(a) Agricultural Pest Control, Plant and Animal shall convert to holding both a Category 1(a) Agricultural Pest Control, Plant and a Category 1(b) Agricultural Pest Control, Animal, without any additional qualification by examination or training certification. Upon expiration of any license category the licensee shall obtain qualification by examination or training certification;

(2) A licensee holding a current Category 1(b) Agricultural Pest Control, Agricultural Fumigation shall convert to holding both a Category 12, Soil Fumigation, and a Category 13, Non-Soil Fumigation, without any additional qualification by examination or training certification. Upon expiration of any license category the licensee shall obtain qualification by examination or training certification;

(3) A licensee holding a current Category 18, Golf Course, Category 19, Interior Plantscapes, or Category 20, Sports Turf, shall convert to holding a Category 3 Ornamental, Turf and Lawn Care, without any additional qualification by examination or training certification. Upon expiration of any license category the licensee shall obtain qualification by examination or training certification; and

(4) A licensee holding a current Category 17, Wood Preservatives, shall convert to holding a Category 7(c), Wood Preservatives, without any additional qualification by examination or training certification. Upon expiration of any license category the licensee shall obtain qualification by examination or training certification.

Section 11. Structural Pest Control and Fumigation Licenses. A person holding a general pest and wood-destroying organism or fumigation license shall be, by reason of KRS 217B.180(3), certified to purchase or use restricted-use pesticides. This shall not relieve them from obtaining certification under the federal law as contained in the federal Insecticides, Fungicide, and Rodenticide Act of 1972, as amended, 7 U.S.C. 136 et seq. The certification of persons certified under KRS 217B.180(3) may be modified, suspended, or revoked pursuant to 302 KAR 26:150. To maintain certification, persons certified pursuant to KRS 217B.180(3) shall meet the requirements of 302 KAR 26:020.

Section 12. Material Incorporated by Reference.

(1) "Pesticides License-Certification Application" (2019), is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, 107 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS Chapter 217B, 40 C.F.R. 156, 170, 171, 7 U.S.C. 136
STATUTORY AUTHORITY: KRS 217B.050, 217B.060
NECESSITY, FUNCTION, AND CONFORMITY: KRS 217B.050 requires the Department of Agriculture to promulgate administrative regulations to implement the provisions of KRS Chapter 217B. KRS 217B.060 authorizes the department to establish classifications of pesticide licenses. This administrative regulation establishes a system of certification by examination for persons required to be licensed under KRS Chapter 217B.
History: 49 Ky.R. 193, 767; eff. 10-20-2022.

302 KAR 26:030 Pesticide recordkeeping {#sec-302-kar-26-030 omnilex-key=us-ky-regs-official--title-302--302 KAR 26:030}

Section 1. Recordkeeping for Restricted Use Pesticide Distribution.

(1) Applicability. The provisions of this section shall apply to any person, including pesticide sales agents and dealers, distributing restricted use pesticides for use in an application.

(2) Any person who distributes restricted use pesticides shall maintain the following records with respect to the distribution of each restricted use pesticide:

(a) Purchaser's name and address;

(b) Date of the distribution;

(d) Brand name, EPA registration number, quantity, and type of restricted use pesticide distributed;

(e) Emergency exemption or state special local need registration number, if applicable; and

(f) Name of target pest.

(3) Retention.

(a) All persons required to maintain records by 302 KAR Chapter 26 shall retain the records for a period of at least three (3) years from the date of distribution.

(b) Maintenance of duplicate records shall not be required.

(4) Availability. All persons required to maintain records required under this section shall make these records available to the department upon request.

Section 2. Recordkeeping for Restricted Use and General Use Pesticide Applications.

(1)

(a) The provisions of this section shall apply to any private applicator, dealer, structural pest management company, licensed operator, licensed applicator, or trainee applying restricted use pesticides.

(b) The provisions of this section shall also apply to any private applicator, dealer, licensed operator, licensed applicator or trainee applying general use pesticides.

(c) Structural pest management companies and their associated licensed operators, licensed applicators, and trainees shall keep records for applications of general use pesticides as established in Section 3 of this administrative regulation.

(2) Private applicators, dealers, structural pest management companies, licensed operators, licensed applicators, and trainees who apply pesticides shall maintain the following records:

(a) Name and address of person receiving application services;

(b) Location of application;

(d) Crop, commodity, stored product, or type of area treated;

(e) Time and date of application;

(f) Brand name or product name of pesticides applied;

(g) EPA registration number;

(h) Total amount of each pesticide applied per location per application;

(i) Name of person making the pesticide application;

(j) If application is made by a trainee, the name of the trainee;

(k) If application is made by a trainee, name and license number of the supervising applicator;

(l) Records required under 302 KAR 26:050 related to trainee supervision;

(m) Purpose of application; and

(n) Any other record as required by the label.

(3) Retention.

(a) All persons required to maintain records under this section shall retain the records for a period of at least three (3) years from the date of use or application.

(b) Maintenance of duplicate records shall not be required.

(c) If an application of a pesticide is made in the name of a person or business entity, then maintenance of only one (1) set of records for each application shall be required by that person or business entity, even if one (1) or more persons may have used or applied pesticides.

(4) Availability. All persons required to maintain records required under this section shall make these records available to the department upon request.

Section 3. Recordkeeping for Structural General Use Pesticide Applications.

(1) Applicability.

(a) The provisions of this section shall apply to any structural pest management company and associated licensed operator, licensed applicator, or trainee using general use pesticides in structural applications.

(b) Structural pest management companies and their associated licensed operators, licensed applicators, and trainees shall keep records for applications of restricted use pesticides as established in Section 2 of this administrative regulation.

(2) Structural pest management companies and associated licensed operators, licensed applicators, or trainees who apply general use pesticides in structural applications shall maintain the following records:

(a) Name and address of person receiving application services;

(b) Location of application;

(d) Time and date of the pesticide application;

(e) Beginning and ending time of an application, if made in a school;

(f) Brand or product name of pesticides applied;

(g) Estimated amount of each pesticide applied;

(h) The target pests to be treated;

(i) Name of person making the pesticide application;

(j) If application is made by a trainee, the name of the trainee;

(k) If application is made by a trainee, name and license number of the supervising applicator; and

(l) Records required under 302 KAR 26:050 related to trainee supervision.

(3) Retention.

(a) All persons required to maintain records under this section shall retain the records for a period of at least three (3) years from the date of use or application.

(b) Maintenance of duplicate records shall not be required.

(4) Availability. All persons required to maintain records required under this section shall make these records available to the department upon request.

History

RELATES TO: KRS Chapter 217B
STATUTORY AUTHORITY: KRS 217B.050, 217B.105(7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 217B.050 requires the Department of Agriculture to promulgate administrative regulations to implement the provisions of KRS Chapter 217B. KRS 217B.105 requires the department to promulgate recordkeeping administrative regulations pertaining to KRS Chapter 217B. This administrative regulation establishes requirements for pesticide-related recordkeeping.
History: 49 Ky.R. 203, 775; eff. 10-20-2022.

302 KAR 26:040 Storage and handling of pesticides {#sec-302-kar-26-040 omnilex-key=us-ky-regs-official--title-302--302 KAR 26:040}

Section 1. Applicability. This administrative regulation shall apply to pesticide sales agents, dealers, structural pest management companies, licensed operators, licensed applicators or trainees who store restricted use or general use pesticides.

Section 2. Storage and Handling of Pesticides. Standards for storage of pesticides.

(1) Sites for the storage of pesticides shall be of sufficient size to store all stocks in designated areas.

(2) Storage sites shall be cool, dry, and airy or have a ventilation system installed to reduce concentrations of toxic fumes and to regulate temperatures and moisture. If a ventilation system is installed to reduce fumes, heat, or moisture, the ventilation exhaust shall not connect with offices or other areas frequented by people.

(3) Storage sites shall be adequately lighted so that labels and label information can be easily read.

(4) Floor sweep compound of adsorptive clay, sand, sawdust, hydrated lime, or similar materials shall be kept on hand to absorb spills or leaks. The contaminated material shall be disposed of per label directions.

(5) Restricted use pesticides shall be located in designated and segregated areas apart from general use pesticides. These segregated areas may remain open if the entire storage area is locked while authorized personnel cannot control access to the area. Entrance to these segregated areas shall be plainly labeled on the outside with signs containing the words "pesticide storage area" and "danger" or "poison".

History

RELATES TO: KRS Chapter 217B
STATUTORY AUTHORITY: KRS 217B.050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 217B.050 requires the Department of Agriculture to promulgate administrative regulations to implement the provisions of KRS Chapter 217B. This administrative regulation establishes requirements for the storage and handling of pesticides.
History: 49 Ky.R. 205; eff. 10-20-2022.

302 KAR 26:050 Pesticide trainee registration and supervision requirements {#sec-302-kar-26-050 omnilex-key=us-ky-regs-official--title-302--302 KAR 26:050}

Section 1. Applicability. This administrative regulation applies to any dealer, structural pest management company, licensed commercial operator, or licensed commercial applicator who allows or relies on a trainee to use a restricted use or general use pesticide under direct supervision.

Section 2. Non-commercial Supervision of Trainees Prohibited. Trainees shall not use pesticides under supervision of a non-commercial license holder.

Section 3. Registration of Structural Pest Management Company Trainees.

(1) A structural pest management company shall not employ a trainee to apply pesticides without registering the trainee with the department. A person shall not act as a trainee without being registered.

(2) Each application to register a trainee under this section shall be accompanied by a twenty-five (25) dollar trainee registration fee.

(3) Trainee registration issued pursuant to this section shall be valid for ninety (90) days and shall not be reissued or renewed.

Section 4. General Requirements.

(1) Requirements for the supervising operator or applicator.

(a) The supervising operator or applicator shall have a practical knowledge of applicable requirements contained in this administrative regulation and any requirements on the product label and labeling, regarding the use of restricted use or general use pesticides by trainees.

(b) The supervising operator or applicator shall be licensed in each category as established in 302 KAR 26:020 applicable to the supervised pesticide use.

(2) Requirements for the trainee. The supervising operator or applicator shall ensure that each trainee using any pesticide under his or her direct supervision meets all of the requirements established in paragraphs (a) through (c) of this subsection before using the pesticide.

(a) The trainee shall be trained in accordance with Section 6 of this administrative regulation and shall apply prior to making an application of any pesticide.

(b) The trainee has been instructed in the safe operation of any equipment he or she will use before mixing, loading, transferring, or applying pesticides.

Section 5. Use-specific Conditions that Shall be Met in Order for a Trainee to Use a Pesticide. The supervising operator or applicator shall ensure that the requirements established in subsections (1) through (7) of this section are met before allowing a trainee to use a pesticide under his or her direct supervision.

(1) The supervising operator or applicator shall ensure that the trainee has access to the applicable product labeling at all times during its use.

(2) If the labeling of a pesticide product requires that personal protective equipment be worn for mixing, loading, application, or any other use activities, the supervising operator or applicator shall ensure that the trainee has clean, labeling-required personal protective equipment in proper operating condition and that the personal protective equipment shall be worn and used correctly for its intended purpose.

(3) The supervising operator or applicator shall provide to each trainee, before use of a pesticide, instructions specific to the site and pesticide used. These instructions shall include labeling directions, precautions, and requirements applicable to the specific use and site, and how the characteristics of the use site (for example, surface and ground water, endangered species, local population) and the conditions of application (for example, equipment, method of application, formulation) could increase or decrease the risk of adverse effects. The supervising operator or applicator shall provide this information in a manner that the trainee can understand.

(4) The supervising operator or applicator shall ensure that before each day of use, equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition as intended by the manufacturer, and can be used without risk of reasonably foreseeable adverse effects to the trainee, other persons, or the environment.

(5) The supervising operator or applicator shall ensure that a means to immediately communicate with the supervising operator or applicator is available to each trainee using pesticides under his or her direct supervision.

(6) The supervising operator or applicator shall be physically present at the site of the use being supervised when required by the product labeling.

(7) The supervising operator or applicator shall create or verify the existence of the records required by Section 6 of this administrative regulation.

Section 6. Training Program.

(1) General training shall be presented to trainees either orally from written materials or audio-visually. The information shall be presented in a manner that the trainees can understand, such as through a translator. The person conducting the training shall be present during the entire training program and shall respond to the trainees' questions.

(2) The person who conducts the training shall be currently licensed by the department as an operator or applicator.

(3) The training materials shall include the information that trainees need in order to protect themselves, other people, and the environment before, during, and after making a pesticide application. The training materials shall include, at a minimum:

(a) Potential hazards from toxicity and exposure that pesticides present to trainees and their families, including acute and chronic effects, delayed effects, and sensitization;

(b) Routes through which pesticides can enter the body;

(d) Emergency first aid for pesticide injuries or poisonings;

(e) Routine and emergency decontamination procedures, including emergency eye flushing techniques. Trainees shall be instructed that if pesticides are spilled or sprayed on the body, to immediately wash or to rinse off in the nearest clean water. Trainees shall be instructed to wash or shower with soap and water, shampoo hair, and change into clean clothes as soon as possible;

(f) How and when to obtain emergency medical care;

(g) After working with pesticides, wash hands before eating, drinking, using chewing gum or tobacco, or using the toilet;

(h) Wash or shower with soap and water, shampoo hair and change into clean clothes as soon as possible after working with pesticides;

(i) Potential hazards from pesticide residues on clothing;

(j) Wash work clothes before wearing them again and wash them separately from other clothes;

(k) Do not take pesticides or pesticide containers used at work to your home;

(l) Potential hazards to children and pregnant women from pesticide exposure;

(m) After working with pesticides, remove work boots or shoes before entering your home, and remove work clothes and wash or shower before physical contact with children or family members;

(n) How to report suspected pesticide use violations to the appropriate state or tribal agency responsible for pesticide enforcement;

(o) Format and meaning of information contained on pesticide labels and in labeling applicable to the safe use of the pesticide, including the location and meaning of the restricted use product statement, how to identify when the labeling requires the certified applicator to be physically present during the use of the pesticide, and information on personal protective equipment;

(p) Need for, and appropriate use and removal of, personal protective equipment;

(q) How to recognize, prevent, and provide first aid treatment for heat-related illness;

(r) Safety requirements for handling, transporting, storing, and disposing of pesticides, including general procedures for spill cleanup;

(s) Environmental concerns such as drift, runoff, and wildlife hazards;

(t) Restricted use and general use pesticides may be used only by a licensed operator or licensed applicator, or by a trainee working under the direct supervision of a licensed operator or licensed applicator;

(u) The supervising operator's or applicator's responsibility to provide to each trainee instructions specific to the site and pesticide used. These instructions shall include labeling directions, precautions, and requirements applicable to the specific use and site, and how the characteristics of the use site (for example, surface and ground water, endangered species, local population, and risks) and the conditions of application (for example, equipment, method of application, formulation, and risks) could increase or decrease the risk of adverse effects. The supervising operator or applicator shall provide these instructions in a manner the trainee can understand;

(v) The supervising operator's or applicator's responsibility to ensure that each trainee has access to the applicable product labeling at all times during its use;

(w) The supervising operator's or applicator's responsibility to ensure that if the labeling of a pesticide product requires that personal protective equipment be worn for mixing, loading, application, or any other use activities, each trainee has clean, labeling-required personal protective equipment in proper operating condition and that the personal protective equipment shall be worn and use correctly for its intended purpose;

(x) The supervising operator's or applicator's responsibility to ensure that before each day of use equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition as intended by the manufacturer, and can be used without risk of reasonably foreseeable adverse effects to the trainee, other persons, or the environment; and

(y) The supervising operator's or applicator's responsibility to ensure that a means to immediately communicate with the supervising operator or applicator shall be available to each trainee using any pesticides under his or her direct supervision.

Section 7. Recordkeeping. Supervising operators or applicators shall create or verify the existence of records documenting that a trainee has the qualifications required in Section 4 of this administrative regulation.

(1) If the trainee was trained in accordance with Section 4 of this administrative regulation, the record shall contain the:

(a) Trainee's printed name and signature;

(b) Date the training requirement was met;

(d) Title and a description of the training provided.

(2) The supervising operator or applicator shall create or verify the existence of the record containing the information in subsection (1) of this section before allowing the trainee to use any pesticides under his or her direct supervision.

(3) The dealer or structural pest management company employing the trainee shall provide the supervising operator or applicator of any trainee access to records documenting the information required subsection (1) section at the supervising operator's or applicator's principal place of business for at least three (3) years from the date the trainee used the pesticide.

Section 8. Exceptions. The requirements in Sections 1 through 6 of this administrative regulation shall not apply to:

(1) Persons conducting laboratory research involving restricted or general use pesticides; and

(2) Doctors of medicine and doctors of veterinary medicine applying restricted or general use pesticides to patients during the course of the ordinary practice of those professions.

Section 9. Material Incorporated by Reference

(1) "Trainee Registration Application", (2022), is incorporated by reference.

History

RELATES TO: KRS Chapter 217B
STATUTORY AUTHORITY: KRS 217B.050, 217B.187, 217B.560
NECESSITY, FUNCTION, AND CONFORMITY: KRS 217B.050 requires the Department of Agriculture to promulgate administrative regulations to implement the provisions of KRS Chapter 217B. KRS 217B.187 and 217B.560 require the department to promulgate administrative regulations pertaining to registration and supervision of trainees under KRS Chapter 217B. This administrative regulation establishes pesticide-related requirements trainee registration and supervision.
History: 49 Ky.R.207, 776; eff. 10-20-2022.

302 KAR 26:060 Identification of pesticide service vehicles {#sec-302-kar-26-060 omnilex-key=us-ky-regs-official--title-302--302 KAR 26:060}

Section 1. Applicability. This administrative regulation shall apply to pesticide sales agents, dealers, structural pest management companies, licensed operators, licensed applicators, or trainees who use service vehicles in the application of pesticides.

Section 2. Identification of Service Vehicles. Each vehicle actively engaged in service work in support of the application of pesticides shall be marked for easy identification with the company name registered with the department or an easily identifiable logo primarily used by the company for identification.

(1) Identification of vehicles may be permanent or removable.

(2) Removable signs shall accompany the vehicle and be visible at all times for purpose of identification.

History

RELATES TO: KRS Chapter 217B
STATUTORY AUTHORITY: KRS 217B.565
NECESSITY, FUNCTION, AND CONFORMITY: KRS 217B.050 requires the Department of Agriculture to promulgate administrative regulations to implement the provisions of KRS Chapter 217B. This administrative regulation establishes requirements for the identification of pesticide-related service vehicles.
History: 49 Ky.R. 210, 778; eff. 10-20-2022.

302 KAR 26:070 Non-certified pesticide applicator training and supervision {#sec-302-kar-26-070 omnilex-key=us-ky-regs-official--title-302--302 KAR 26:070}

Section 1. Definition. "Non-certified applicator" means a person who has not been certified by training or examination and uses pesticides under the direct supervision of a private applicator.

Section 2. Applicability. This administrative regulation shall apply to any private applicator who allows or relies on a non-certified applicator to use a general use pesticide under direct supervision. "Non-certified applicator" means any person who has not been certified by training or examination and uses pesticides under the direct supervision of a private applicator.

Section 3. General Requirements.

(1) Requirements for the supervising private applicator.

(a) The supervising private applicator shall have a practical knowledge of applicable requirements contained in this administrative regulation and any requirements on the product label and labeling, regarding the use of general use pesticides by non-certified applicators.

(b) The supervising private applicator shall be licensed in each category as established in 302 KAR 26:020 applicable to the supervised pesticide use.

(2) Requirements for the non-certified applicator. The supervising private applicator shall ensure that each non-certified applicator using a general use pesticide under his or her direct supervision meets the requirements established in paragraphs (a) through (c) of this subsection before using the pesticide.

(a) The non-certified applicator has been trained in accordance with Section 5 of this administrative regulation within the last twelve (12) months.

(b) The non-certified applicator shall be instructed in the safe operation of any equipment he or she will use for mixing, loading, transferring, or applying pesticides.

(c) The noncertified applicator shall be at least eighteen (18) years old, except that a noncertified applicator may be at least sixteen (16) years old if the:

Noncertified applicator is using the pesticide under the direct supervision of a private applicator who is an immediate family member;
Pesticide is not a fumigant, sodium cyanide, or sodium fluoroacetate; and
Noncertified applicator is not applying the pesticide aerially.

Section 4. Use-specific Conditions that Shall be Met in Order for a Non-certified Applicator to Use a Pesticide. The supervising private applicator shall ensure that the requirements established in subsections (1) through (6) of this section are met before allowing a non-certified applicator to use a pesticide under his or her direct supervision.

(1) The supervising private applicator shall ensure that the non-certified applicator has access to the applicable product labeling at all times during its use.

(2) If the labeling of a pesticide product requires that personal protective equipment be worn for mixing, loading, application, or any other use activities, the supervising private applicator shall ensure that the non-certified applicator has clean, labeling-required personal protective equipment in proper operating condition and that the personal protective equipment shall be worn and used correctly for its intended purpose.

(3) The supervising private applicator shall provide to each non-certified applicator, before use of a pesticide, instructions specific to the site and pesticide used. These instructions shall include labeling directions, precautions, and requirements applicable to the specific use and site, and how the characteristics of the use site (for example, surface and ground water, endangered species, local population) and the conditions of application (for example, equipment, method of application, formulation) could increase or decrease the risk of adverse effects. The supervising private applicator shall provide this information in a manner that the non-certified applicator can understand.

(4) The supervising private applicator shall ensure that before each day of use, equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition as intended by the manufacturer, and can be used without risk of reasonably foreseeable adverse effects to the non-certified applicator, other persons, or the environment.

(5) The supervising private applicator shall ensure that a means to immediately communicate with the supervising private applicator is available to each non-certified applicator using pesticides under his or her direct supervision.

(6) The supervising private applicator shall be physically present at the site of the use being supervised if required by the product labeling.

Section 5. Training Program.

(1) General training shall be presented to non-certified applicators either orally from written materials or audio-visually. The information shall be presented in a manner that the non-certified applicators can understand, such as through a translator. The person conducting the training shall be present during the entire training program and shall respond to the non-certified applicators' questions.

(2) The person who conducts the training shall be currently licensed by the department as a private applicator or in a category listed in 302 KAR 26:020.

(3) The training materials shall include the information that non-certified applicators need in order to protect themselves, other people, and the environment before, during, and after making a pesticide application. The training materials shall include, at a minimum:

(a) Potential hazards from toxicity and exposure that pesticides present to non-certified applicators and their families, including acute and chronic effects, delayed effects, and sensitization;

(b) Routes through which pesticides can enter the body;

(d) Emergency first aid for pesticide injuries or poisonings;

(e) Routine and emergency decontamination procedures, including emergency eye flushing techniques. Non-certified applicators shall be instructed that if pesticides are spilled or sprayed on the body, to immediately wash or to rinse off in the nearest clean water;

(f) How and when to obtain emergency medical care;

(g) After working with pesticides, wash hands before eating, drinking, using chewing gum or tobacco, or using the toilet;

(h) Wash or shower with soap and water, shampoo hair, and change into clean clothes as soon as possible after working with pesticides;

(i) Potential hazards from pesticide residues on clothing;

(j) Wash work clothes before wearing them again and wash them separately from other clothes;

(k) Do not take pesticides or pesticide containers used at work to your home;

(l) Potential hazards to children and pregnant women from pesticide exposure;

(m) After working with pesticides, remove work boots or shoes before entering your home and remove work clothes and wash or shower before physical contact with children or family members;

(n) How to report suspected pesticide use violations to the appropriate state or tribal agency responsible for pesticide enforcement;

(o) Format and meaning of information contained on pesticide labels and in labeling applicable to the safe use of the pesticide, how to identify when the labeling requires the certified applicator to be physically present during the use of the pesticide, and information on personal protective equipment;

(p) Need for, and appropriate use and removal of, personal protective equipment;

(q) How to recognize, prevent, and provide first aid treatment for heat-related illness;

(r) Safety requirements for handling, transporting, storing, and disposing of pesticides, including general procedures for spill cleanup;

(s) Environmental concerns such as drift, runoff, and wildlife hazards;

(t) General use pesticides may be used only by a licensed operator, a licensed applicator, a private applicator, or by a non-certified applicator working under the direct supervision of a licensed operator or licensed applicator;

(u) The supervising private applicator's responsibility to provide to each non-certified applicator instructions specific to the site and pesticide used. These instructions shall include labeling directions, precautions, and requirements applicable to the specific use and site, and how the characteristics of the use site (for example,, surface and ground water, endangered species, local population, and risks) and the conditions of application (for example, equipment, method of application, formulation, and risks) could increase or decrease the risk of adverse effects. The supervising private applicator shall provide these instructions in a manner the non-certified applicator can understand;

(v) The supervising private applicator's responsibility to ensure that each non-certified applicator has access to the applicable product labeling at all times during its use;

(w) The supervising private applicator's responsibility to ensure that if the labeling of a pesticide product requires that personal protective equipment be worn for mixing, loading, application, or any other use activities, each non-certified applicator has clean, labeling-required personal protective equipment in proper operating condition and that the personal protective equipment shall be worn and use correctly for its intended purpose;

(x) The supervising private applicator's responsibility to ensure that before each day of use equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition as intended by the manufacturer, and can be used without risk of reasonably foreseeable adverse effects to the non-certified applicator, other persons, or the environment; and

(y) The supervising private applicator's responsibility to ensure that a means to immediately communicate with the supervising private applicator shall be available to each non-certified applicator using pesticides under his or her direct supervision.

Section 6. Recordkeeping. The supervising private applicator shall create or verify the existence of records documenting that a non-certified applicator has the qualifications required in Section 3(2) of this administrative regulation.

(1) If the non-certified applicator was trained in accordance with Section 3(2) of this administrative regulation, the record shall contain the:

(a) Non-certified applicator's printed name and signature;

(b) Date the training requirement was met;

(d) Title and a description of the training provided.

(2) The supervising private applicator shall create or verify the existence of the record containing the information in subsection (1) of this section before allowing the non-certified applicator to use any pesticides under his or her direct supervision.

(3) The supervising private applicator shall maintain all required records documenting the information for at least three (3) years from the date the non-certified applicator used the pesticide.

Section 7. Exceptions. The requirements in Sections 2 through 6 of this administrative regulation shall not apply to:

(1) Persons conducting laboratory research involving pesticides; and

(2) Doctors of medicine and doctors of veterinary medicine applying pesticides to patients during the course of the ordinary practice of those professions.

History

RELATES TO: KRS Chapter 217B
STATUTORY AUTHORITY: KRS 217B.050,
NECESSITY, FUNCTION, AND CONFORMITY: KRS 217B.050 requires the Department of Agriculture to promulgate administrative regulations to implement the provisions of KRS Chapter 217B, and to carry out the purpose and intent of KRS Chapter 217B, the administrative regulations may relate to the time, place, manner, and method of storage and application of pesticides and fertilizers. This administrative regulation establishes supervision, training, and recordkeeping requirements for pesticide private applicators using non-certified applicators to apply pesticides.
History: 49 Ky.R. 212, 778; eff. 10-20-2022.

Section 1.

(1) Any operator or applicator who engages in lawn care by making applications to lawns shall:

(a) Provide a customer at the time of entering into a contract, with written information concerning pesticides or pesticide impregnated fertilizers, application procedures, and other general guidelines about making safe applications; and

(b) Immediately following an application to a lawn, place a lawn marker at a prominent location in the lawn.

The lawn marker shall consist of, at a minimum, a 4 in. x 5 in. white sign attached to the upper portion of a dowel or other supporting device of not less than twelve (12) inches in length.
Lettering on the lawn marker shall be in a contrasting color and shall read on one (1) side "LAWN CARE APPLICATION - PLEASE STAY OFF GRASS UNTIL DRY" in letters easily readable and not less than three-eighths (3/8) inches in height. The lawn marker may also display a symbol depicting the required message and the name, logo, and service mark of the applicator.
The lawn marker may be removed and discarded by the property owner, resident, or other person authorized by the property owner or resident, the day following an application.
For applications to residential properties of three (3) families or less, the applicator shall place one (1) lawn marker per property.
For applications to properties other than residential property of three (3) families or less, the applicator shall place lawn markers at primary points of entry to the property to provide notice that an application has been made to the lawn.

(2) At the time of an application to a lawn, an applicator shall provide the information listed in subsection (1)(a) of this section to the customer, either homeowner or landlord, for each pesticides or pesticide impregnated fertilizers used.

(3) Any customer or employer of an applicator, or a neighbor whose residence is adjoining to a customer or employer of an applicator, may request prior notification twenty-four (24) to forty-eight (48) hours in advance of an application by contacting the applicator and providing his or her name, address, and telephone number. In this event, the applicator shall provide notification in writing, in person, or by telephone, of the date and approximate time of application. If an applicator is unable to provide prior notification to a customer or neighbor because of the absence or inaccessibility of the individual, the applicator shall leave a written notice at the residence.

Section 2.

(1) The requirements established in paragraphs (a) through (f) of this subsection shall be met by an applicator making applications to a golf course relating to records, notification, and information requirements.

(a) Immediately following an application on a golf course, the applicator shall place a golf course marker on the number-one (1) and number-ten (10) tees.

(b) The golf course marker shall consist of, at a minimum, a 4 in. x 5 in. white sign attached to the upper portion of a dowel or other supporting device of not less than twelve (12) inches in length.

(c) Lettering on the golf course marker shall be in a contrasting color and shall read on one (1) side "PLANT-REGULATING MATERIALS HAVE BEEN APPLIED. IF DESIRED, YOU MAY CONTACT THE GOLF COURSE SUPERINTENDENT FOR FURTHER INFORMATION" in letters easily readable and not less than three-eighths (3/8) inches in height. The golf course marker may also display a symbol depicting the required message and the name, logo, and service mark of the applicator.

(d) The golf course marker may be removed by the applicator or other personnel authorized by the golf course management the day following application.

(e) Any person whose residence directly adjoins a golf course may request prior notification of an application by contacting the golf course superintendent's office and providing his or her name, address, and telephone number. If requested, the golf course shall provide notification in writing, in person, or by telephone. In the event the golf course cannot provide advance notice, the person shall be contacted at the time of application. It the golf course is unable to provide prior notification or direct notification to a resident because of the absence or unavailability of the resident, the golf course shall leave a written notice at the residence.

(f) Material safety data sheets for each pesticide or pesticide impregnated fertilizer used in an application shall be in an area of the superintendent's office where they can be easily read and accessible by patrons of the golf course.

(2) Records listed in Section 5 of this administrative regulation shall be maintained in the golf course superintendent's office and shall be readily available to review on request. This record shall be retained for at least three (3) years and be available for inspection by the department.

Section 3. Any applicator who makes an application to interior plantscapes shall:

(1) Immediately following an application to interior plantscapes, place a marker at a prominent location in the interior plantscapes. The sign shall read "PESTICIDES HAVE BEEN APPLIED - PLEASE STAY OUT OF TREATED AREA" in letters easily readable and not less than three-eighths (3/8) inches in height. The marker may also display a symbol depicting the required message and the name, logo, and service mark of the applicator. Posting requirements shall not apply if plants that are in interior plantscapes are taken off-site for an application and not returned until the plants have adequately dried; and

(2) Provide prior notification to the customer or adjoining residents in writing, in person, or by telephone if requested, of the date and approximate time of the application. If an operator is not able to provide prior notification to a customer or adjoining residence due to the absence or inaccessibility of the individual, the applicator shall leave a written notice at the residence.

Section 4.

(1) The requirements established in paragraphs (a) through (f) of this subsection shall be met by an applicator making applications to sports turf relating to records, notification, and information requirements.

(a) Immediately following an application to turf on a sports field, the applicator shall place a marker at usual entry points to the field.

(b) The marker shall consist of, at a minimum, a 4 in. x 5 in. white sign attached to the upper portion of a dowel or other supporting device of not less than twelve (12) inches in length.

(c) Lettering on the marker shall be in a contrasting color and shall read on one (1) side "PESTICIDES HAVE BEEN APPLIED - PLEASE STAY OUT OF TREATED AREA" in letters easily readable and not less than three-eighths (3/8) inches in height. The marker may also display a symbol depicting the required message and the name, logo, and service mark of the applicator.

(d) The marker may be removed by the applicator or other personnel authorized by the sports field management the day following application.

(e) Any person whose residence directly adjoins a sports field may request prior notification of an application by contacting the sports field manager's office and providing his or her name, address, and telephone number. If requested, the manager shall provide notification in writing, in person, or by telephone. In the event the sports field manager cannot provide advance notice, the person shall be contacted at the time of application. If the manager is unable to provide prior notification or direct notification to a resident because of the absence or unavailability of the resident, the manager shall leave a written notice at the residence.

(f) Material safety data sheets for each pesticide used in an application shall be in an area of the manager's office where they can be easily read and accessible by patrons of the sports field.

(2) Records listed in Section 5 of this administrative regulation shall be maintained in the manager's office and shall be readily available to review on request. This record shall be retained for at least three (3) years and be available for inspection by the department.

Section 5. An applicator shall provide the following information upon request to all persons requesting notice under Sections 1, 2, and 3 of this administrative regulation, and shall record and maintain at the applicator's business address the following information relating to the application of each pesticide used:

(1) The brand name or common name of the pesticide applied;

(2) The pesticide type;

(3) The fertilize rate and analysis;

(4) The reason for use;

(5) The concentration of end use product applied;

(6) The rate of application,

(7) The total gallons of end use product applied;

(8) Any special instruction appearing on the label of the pesticide product applicable to the use of the treated area following application;

(9) Any other precautionary or hazard information appearing on the label as applicable to the end use concentration;

(10) The name and the state applicator license or certificate number of the individual actually making the application;

(11) Customer name, address, and date of application;

(12) The location area of area treated; and

(13) Total area treated.

Section 6. Violations. The department may assess civil penalties. Civil penalties shall be assessed as established in KRS 217B.193. The department may suspend, revoke, delay issuing, or modify the provision of any license or registration issued under this chapter, if it finds that any person has committed any of the following acts, each of which shall constitute a violation of 302 KAR Chapter 26:

(1) Failed to provide direct on-the-job supervision of a trainee by a licensed operator or applicator in the application of a pesticide;

(2) Failed to maintain records required under Section 5 of this administrative regulation; and

(3) Failed to follow notification and information requirements in accordance with Section 1, 2, 3, or 4 of this administrative regulation, including failure to:

(a) Provide customer written information prior to application;

(b) Place required marker;

(d) Provide customer required information at application; or

(e) Provide prior notification of application when requested.

History

RELATES TO: KRS Chapter 217B
STATUTORY AUTHORITY: KRS 217B.050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 217B.050 requires the Department of Agriculture to promulgate administrative regulations to implement the provisions of KRS Chapter 217B. This administrative regulation establishes turf, ornamental, and interior plantscape pesticide-related posting requirements.
History: 49 Ky.R. 215, 780; eff. 10-20-2022.

302 KAR 26:090 Wood destroying organism treatments and integrated pest management in schools {#sec-302-kar-26-090 omnilex-key=us-ky-regs-official--title-302--302 KAR 26:090}

Section 1. Definitions.

(1) "Children are present" means the designated time period between two (2) hours before the start time and forty-five (45) minutes after the dismissal time of the regularly scheduled school day as determined by the school authority under the calendar established by the school board.

(2) "Graph" means a drawing of a structure that:

(a) Identifies the type of structure;

(b) Provides an outline of the structure indicating approximate length and width;

(d) Records the location of any current visible damage caused by any wood-destroying organism; and

(e) Records the location of all treatment methods applied, including all partial treatments applied to any selected areas of the structure.

(3) "Integrated pest management program" means a strategy of controlling pests, general pests, and wood destroying organisms by combining biological, chemical, cultural, mechanical, and physical control methods in a way that minimizes economic, health, and environmental risks.

(4) "Notification" means information distributed to persons who request a notice of a pesticide application.

(5) "Outside areas" means the property associated with commercial, industrial, or residential structures where a commercial structural pest management license holder, under KRS 217B.515, is authorized to control pests, general pests, and wood destroying organisms by means other than chemicals used for lawn care or agricultural pests.

(6) "Posted" means a sign measuring at least 8.5 in. x 11 in. displaying the words "Pesticide Treatment Area" and "Do Not Enter" along with listing an identified time for re-entry after the pesticide application is made.

(7) "Registry" means a list, maintained by a school authority, of individuals that request advance notification of pesticide application.

(8) "School" means an institution for teaching children such as preschool, kindergarten, child day care centers, primary, secondary, and similar schools.

(9) "School authority" means superintendent, assistant superintendent, principal, assistant principal, headmaster, or a designee.

Section 2. Documentation of Treatment for Wood-destroying Organisms. At the time of treatment application for control or prevention of wood-destroying organisms, a graph shall be issued to the owner of the property.

Section 3. Integrated Pest Management in Schools. Each school district shall implement an integrated pest management program with a primary goal of controlling pests, general pests, and wood-destroying organisms with the judicious use of pesticides.

(1) Pesticides may be applied without notification indoors and to outside areas when children are not present.

(2) Pesticides may be applied without notification when children are present but shall be limited to:

(a) Germicides, disinfectants, bactericides, sanitizing agents, water purifiers, and swimming pool chemicals used in normal cleaning activities;

(b) Personal insect repellents;

(d) Manufactured paste, gel, or other formulations designated on the product label as bait and applied according to label instructions where humans do not have reasonable access to the application area; and

(e) Rodent control products placed in industry identified tamper-resistant bait stations or rodenticides placed in wall voids or other rodent harborage sites that are inaccessible to humans.

(3)

(a) Each school authority shall maintain a registry of electronic mail or telephone contact numbers of parents or guardians who have requested notification prior to the application of pesticides in schools when children are present, and shall provide written notice to parents or guardians at the beginning of each school year of the existence of the registry and the process for being placed on the registry. The written notice shall state: "Dear Parent or Guardian: Each school district in the Commonwealth is required to implement a program of "integrated pest management" with the primary goal of preventing and controlling pests through strategies that may include judicious use of pesticides. The application of pesticides in the school or on school grounds during times when children are present is limited by state regulation, but there may be occasions when, after consulting with a certified pesticide applicator, the school administration determines that a pesticide application is necessary when children are present in the school. As required by state regulation, we have created a registry for parents or guardians who wish to receive an electronic message or telephone call prior to the application of pesticides in the school when children are present. Please provide the school administration your email address or phone number if you wish to be placed on this registry."

(b) Notification by the school to parents or guardians on the registry shall be required if the school authority, after consultation with the certified applicator, determines that a pesticide application other than those listed in subsection (2) of this section, is necessary when children are present in the school.

(c) For pesticide applications made when children are present, the school authority shall provide the notification to persons listed on the registry at least one (1) hour prior to the making of the application.

(4) The notification required by subsection (3)(b) of this section shall include:

(a) The date and time of the pesticide application;

(b) The target pests to be treated;

(d) The brand name of the pesticides applied and the pesticide application method; and

(e) A telephone number that persons requesting prior notification can use to contact the school authority for more information.

(5) A copy of the notification shall be maintained by the school authority for at least twenty-four (24) months after the notification is issued and shall be available for inspection upon request by Kentucky Department of Agriculture personnel.

(6) The certified applicator shall only be required to provide to the school authority the information required in subsection (4)(a) through (d) of this section on an Integrated Pest Management School Acknowledgement form provided by the department. The certified applicator shall retain a copy of the completed form.

(7) The completed form required by subsection (6) of this section shall:

(a) Include the information required in subsection (4)(a) through (d) of this section; and

(b) Be signed by the school authority acknowledging that the required information was received from the certified applicator prior to the application of pesticides when children are present.

(8) A copy of the completed form shall be maintained for at least thirty-six (36) months by the certified applicator after it is received and shall be available for inspection upon request by Kentucky Department of Agriculture personnel.

(9) The area where the point of application of a pesticide occurred shall be posted by the certified applicator regardless of the absence or presence of children.

Section 4. Incorporation by Reference.

(1) "Integrated Pest Management School Acknowledgement", 2017, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Division of Environmental Services, 107 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 217B.190, 217B.515, 217B.520, 217B.525, 217B.545
STATUTORY AUTHORITY: KRS 217B.050, 217B.515, 217B.530
NECESSITY, FUNCTION, AND CONFORMITY: KRS 217B.050 requires the Department of Agriculture to promulgate administrative regulations to implement the provisions of KRS Chapter 217B. KRS 217B.515 requires that any person engaging in structural pest control be licensed. This administrative regulation establishes requirements applicable to the licensure and practice of commercial structural pest control and fumigation.
History: 49 Ky.R. 218, 782; eff. 10-20-2022.

302 KAR 26:100 Structural pest control settlement proceedings {#sec-302-kar-26-100 omnilex-key=us-ky-regs-official--title-302--302 KAR 26:100}

Section 1. Commencement of Settlement Proceedings. At any time after the service of an administrative complaint upon a licensee and before hearing, the responding licensee may seek a settlement of any pending allegation with the department.

Section 2. Presentation of Proposal to Board. If a settlement has not been reached, the licensee may present the department's settlement offer to the Structural Pest Management Advisory Board for a written recommendation for settlement. The written recommendation for settlement shall be signed by the chairman and forwarded to the department for consideration.

Section 3. Action by the Department. The department may settle the matter taking the Board's written recommendation into consideration. If the department chooses not to adopt the Board's recommendation for settlement and the licensee rejects the department's offer for settlement, the matter shall continue to proceed as a formal proceeding pursuant to KRS Chapter 13B.

History

RELATES TO: KRS Chapter 217B
STATUTORY AUTHORITY: KRS 13B.070(3), 217B.050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 217B.050 requires the Department of Agriculture to promulgate administrative regulations to implement the provisions of KRS Chapter 217B. This administrative regulation establishes procedures for the settlement of administrative complaints brought pursuant to KRS 217B.545.
History: 49 Ky.R. 200; eff. 10-20-2022.

Section 1. Notice of Violation and Abatement of Violation Pursuant to KRS 217B.193.

(1) The Department of Agriculture shall, in accordance with KRS 217B.193(1), cause a notice of violation to be issued to persons, license holders, or registration holders found to be in violation of KRS 217B.120, 217B.550, 302 KAR 31:040, or 40 C.F.R. 170.

(2) In addition to the information required to be stated in the notice of violation pursuant to KRS 217B.193, the department shall notify the person, license holder, permit holder, registration holder, or certificate holder that:

(a) Except for good cause shown, an administrative fine in the amount established in Sections 2 and 6 of this administrative regulation shall be assessed if the violation is not corrected within the time stated in the notice of violation;

(b) He or she shall have thirty (30) days to request a hearing on assessment of the fine pursuant to KRS 217B.203 and 217B.990(2); and

(c) The request for hearing shall be mailed to the Kentucky Department of Agriculture, Director, Division of Environmental Services, Frankfort, Kentucky 40601.

(3) The period for abatement of a violation shall commence on the day the notice of violation is issued pursuant to KRS 217B.193(1).

(4) The department may allow additional time for abatement of a violation, not to exceed the maximum time established in KRS 217B.193, if it is determined that the violation cannot be corrected within the time period stated in the notice of violation.

(5) The Enforcement Response Policy shall act as the guide for implementation of enforcement actions, mitigation, and penalty adjustments in all actions of this section.

Section 2.

(1) Except as established in Section 3 of this administrative regulation, administrative fines for each first violation of KRS 217B.120, 302 KAR 26:080; 302 KAR 31:040, 40 C.F.R. 170, and any other administrative regulation promulgated by the department shall be:

(a) $300 for a violation of KRS 217B.120(1);

(b) $100 for a violation of KRS 217B.120(2);

(d) $200 for a violation of KRS 217B.120(4);

(e) $200 for a violation of KRS 217B.120(5);

(f) $200 for a violation of KRS 217B.120(6);

(g) $100 for a violation of KRS 217B.120(7);

(h) $100 for a violation of KRS 217B.120(8);

(i) $100 for a violation of KRS 217B.120(9);

(j) $100 for a violation of KRS 217B.120(10);

(k) $200 for a violation of KRS 217B.120(11);

(l) $200 for a violation of KRS 217B.120(12);

(m) $200 for a violation of KRS 217B.120(13);

(n) $200 for a violation of KRS 217B.120(14);

(o) $200 for a violation of KRS 217B.120(15);

(p) $200 for a violation of 302 KAR 26:080, Section 6(1);

(q) $200 for a violation of 302 KAR 26:080, Section 6(2);

(r) $100 for a violation of 302 KAR 26:080, Section 6(3);

(s) $200 for a violation of 302 KAR 31:040;

(t) $200 for a violation of 40 C.F.R. 170; and

(u) $200 for a violation of any administrative regulation promulgated pursuant to KRS 217B.050, not otherwise designated in this section.

(2) For a second violation, which is the same as the first violation in subsection (1) of this section and occurring within sixty (60) days of assessment of the first violation, the fine shall be doubled.

(3) For a third violation, which is the same as the first violation in subsection (1) of this section and occurring within ninety (90) days of assessment of the first violation, the fine shall be tripled.

(4) A fourth violation, which is the same as the first violation in subsection (1) of this section and occurring within 120 days of assessment of the first violation, may result in the suspension, revocation, or modification of a license pursuant to KRS 217B.120.

(5) Penalties shall not be assessed or enhanced pursuant to this section if the licensee or certificate holder abates the violation within the period stated by the department pursuant to KRS 217B.193.

(6)

(a) Nothing in this section shall prohibit the department from suspending or revoking a license, permit, registration, or certification at any time pursuant to KRS 217B.120.

(b) The department shall review for possible denial, suspension, or revocation, the license or certification of any person if that person has been convicted or is subject to a final order imposing a civil or criminal penalty pursuant to Section 14 of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq.

Section 3. In lieu of the monetary penalty established in Section 2(1)(a) of this administrative regulation, a violation of KRS 217B.120(1) for each application of products containing Additional Training Dicamba shall result in a fine of $100 per acre based on the acres where the application was made, with a maximum administrative fine of $1,000 for the first offense.

Section 4. Failure to pay any fine, within thirty (30) days of the end of the time period established in Section 1 of this administrative regulation, shall result in a suspension or revocation of a license, permit, registration, or certification pursuant to KRS 217B.120.

Section 5.

(1) Each office or branch office shall be treated as a separate entity for the purposes of enforcing the fine and penalty-enhancing provisions established in Section 2 of this administrative regulation.

(2) The fines or penalties shall not be enhanced unless the subsequent violations in Section 2 of this administrative regulation are committed in the same branch or office in which the first violation occurred.

Section 6.

(1) Administrative fines for a first violation of KRS 217B.550 and any other requirement of 302 KAR Chapter 26 shall be:

(a) $200 for a violation of KRS 217B.550(1);

(b) $200 for a violation of KRS 217B.550(2);

(d) $100 for a violation of KRS 217B.550(4);

(e) $100 for a violation of KRS 217B.550(5);

(f) $300 for a violation of KRS 217B.550(6);

(g) $200 for a violation of KRS 217B.550(7);

(h) $200 for a violation of KRS 217B.550(8);

(i) $200 for a violation of KRS 217B.550(9);

(j) $200 for a violation of KRS 217B.550(10);

(k) $100 for a violation of KRS 217B.550(11);

(l) $200 for a violation of KRS 217B.550(12);

(m) $100 for a violation of KRS 217B.550(13);

(n) $100 for a violation of KRS 217B.550(14);

(o) $100 for a violation of KRS 217B.550(15);

(p) $200 for a violation of KRS 217B.550(16);

(q) $200 for a violation of KRS 217B.550(17); and

(r) $200 for a violation of any administrative regulation promulgated pursuant to KRS 217B.050, not otherwise designated in this section.

(4) A fourth violation, which is the same as the first violation in subsection (1) of this section and occurring within 120 days of assessment of the first violation, may result in the suspension, revocation or modification of a license pursuant to KRS 217B.545.

(6)

(a) Nothing in this section shall prohibit the department from suspending, revoking, or modifying a license or certificate at any time pursuant to KRS 217B.545.

(b) The department shall review for possible denial, suspension, or revocation, the license or certification, whether issued as a result of qualification by examination or reciprocity, of any person if that person has been convicted or is subject to a final order imposing a civil or criminal penalty pursuant to Section 14 of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq.

Section 7. Failure to pay any fine within thirty (30) days of the end of the time period established in Section 1 of this administrative regulation shall result in a suspension, revocation, or modification of a license or certification pursuant to KRS 217B.545.

Section 8.

(1) Each office or branch office shall be treated as a separate entity for the purposes of enforcing the fine and penalty-enhancing provisions established in Section 6 of this administrative regulation.

(2) The fines or penalties shall not be enhanced unless the subsequent violations in Section 6 of this administrative regulation are committed in the same branch or office in which the first violation occurred.

Section 9. Incorporation by Reference.

(1) "Enforcement Response Policy", June 2022, is incorporated by reference.

History

RELATES TO: KRS 217B.120, KRS 217B.550, 7 U.S.C. 136 et seq., 40 C.F.R. 170
STATUTORY AUTHORITY: KRS 217B.050, 217B.193, 217B.990
NECESSITY, FUNCTION, AND CONFORMITY: KRS 217B.050 requires the Department of Agriculture to promulgate administrative regulations to implement the provisions of KRS Chapter 217B. KRS 217B.193 requires the Commissioner of the Department of Agriculture to promulgate an administrative regulation establishing a schedule of civil penalties for violations of KRS Chapter 217B, including those established in KRS 217B.120 and 217B.550. This administrative regulation establishes a system of regulatory fines pursuant to violations of KRS Chapter 217B established in KRS 217B.120 and 217B.550.
History: 49 Ky.R. 222, 783; eff. 10-20-2022.

Chapter 31 Bulk Storage

302 KAR 31:040 Storage and handling of pesticides and bulk fertilizer {#sec-302-kar-31-040 omnilex-key=us-ky-regs-official--title-302--302 KAR 31:040}

Section 1. Definitions.

(1) "Best management practices" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the Commonwealth. Best management practices also includes treatment requirements, operating procedures, practices to control facility run-off, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

(2) "Bulk fertilizer" means dry or liquid fertilizer in any unpackaged quantity.

(3) "Bulk pesticide" means a pesticide that is held in a nonmobile container in an undivided quantity greater than:

(a) 300 U.S. gallons of liquid measure; or

(b) 300 U.S. pounds of net dry weight.

(4) "Commercial purpose" means selling a pesticide or fertilizer for compensation or other consideration.

(5) "Commercial storage facility" means a site used for a commercial purpose that, in a year, sells, uses, stores, mixes, repackages, or transfers from one (1) container to another more than:

(a) 300 U.S. gallons of liquid pesticide;

(b) 300 U.S. pounds of a dry pesticide;

(d) Twenty-five (25) tons of dry bulk fertilizer.

(6) "Elephant ring" means a temporary operational containment device:

(a) With an open top that has a storage capacity of:

Not less than twenty-five (25) U.S. gallons; and
Not more than 100 U.S. gallons; and

(b) Used for recovering spillage and leakage from a transfer connection or pump.

(7) "Fertilizer" is defined by KRS 217B.040(8), but for purposes of this administrative regulation shall not include anhydrous ammonia fertilizer material or fertilizer packaged for household use.

(8) "Impervious" means restricting the passage of water at a rate greater than 1 x 10-6 centimeters per second.

(9) "Impregnation" means the application of a pesticide onto fertilizer.

(10) "Liquid fertilizer" means fertilizer in fluid form, including solutions, emulsions, suspensions, and slurries.

(11) "Liquid pesticide" means any pesticide in fluid form.

(12) "Load" means the transfer of pesticide in an open storage container or bulk fertilizer from the storage facility to transport vehicles, application equipment, or mobile containers.

(13) "Mobile container" means a container designed and used for transporting a pesticide or fertilizer.

(14) "Operational area" means a site at a facility where the following occurs:

(a) Loading, unloading, repackaging, mixing, impregnation, or transferring of a pesticide or fertilizer; or

(b) Rinsing, washing, or cleaning of pesticide or fertilizer application equipment.

(15) "Operational area containment" means any structure or system designed and constructed to effectively intercept and contain operational spills of fertilizer and pesticides, including rinsate or rain water resulting from any operational activity in an operational area.

(16) "Pesticide" is defined by KRS 217B.040(2).

(17) "Primary containment" means any storage container or device used to contain a bulk pesticide, fertilizer, or rinsate at a storage facility.

(18) "Repackaging" means the transfer of bulk pesticides from one (1) storage container to another storage container.

(19) "Rinsate" means water or other liquid resulting from the washing of equipment, operational areas, or containers used in the application, loading, unloading, mixing, transferring or storing of any fertilizer or pesticide.

(20) "Roofed" means protected from precipitation.

(21) "Secondary containment" means a dike, liner, structure, or other device used to:

(a) Contain a product spill from a primary bulk storage container; and

(b) Prevent runoff or leaching.

(22) "Storage container":

(a) Means a container used for the storage of fertilizer or pesticides. A storage container includes a rail car, nurse tank, or other mobile container used for the storage of bulk fertilizers or pesticides; and

(b) Does not mean:

A mobile container storing fertilizer or pesticide at a storage facility for less than fifteen (15) days if this storage is incidental to the loading or unloading of a storage container at the storage facility; and
A container used solely for temporary emergency storage of leaking fertilizer or pesticide containers.

(23) "Storage facility" means a commercial storage facility.

(24) "Temporary operational containment" means any structure or system designed and constructed with the capability of movement between operational areas and designed to intercept and contain discharges from operational activities including the loading, unloading, repackaging, impregnation, and transfer of pesticides or fertilizer or the rinsing, washing, or cleaning of pesticide and fertilizer application equipment.

(25) "Unload" means the transfer of pesticide in an open storage container or bulk fertilizer from the transport vehicle into the storage facility.

Section 2. Scope and Application.

(1) A commercial storage facility shall register with the Kentucky Department of Agriculture, Division of Pesticide Regulation, and shall submit the Pesticide and/or Fertilizer Bulk Storage Facilities Registration form.

(2) A commercial storage facility shall comply with this administrative regulation.

(3) A commercial storage facility shall have a written emergency response plan to be followed in the event of an emergency. A plan required by another regulatory program may be used. The plan shall be available upon request of the KDA.

(4) A commercial storage facility shall define the scope of the existing operation and facility at the time of registration.

(5) A commercial storage facility shall be subject to SARA Title III, 42 U.S.C. 9601, and shall:

(a) Be in full compliance by the required dates; and

(b) Accurately complete the required annual reporting form.

(6) Unless performed in the field of application, the loading, unloading, mixing, and handling of dry bulk fertilizer shall be performed in accordance with Section 8 of this administrative regulation.

Section 3. Operational Area Site Specifications.

(1) New permanent operational area containment located in a flood plain shall be protected from inundation by floods.

(2) New permanent operational area containment shall be located a minimum of 100 feet from on-site wells and sinkholes, 200 feet from private domestic wells, and 400 feet from any community wells used as a public water source.

Section 4. Primary Containment of Liquid Pesticides and Liquid Fertilizer.

(1) Basic requirements.

(a) A storage container and all equipment, including hoses, fittings, valves, clamps, and pumps shall be constructed, installed, and maintained so as to prevent the release of liquid fertilizer or pesticides.

(b) Storage containers and all equipment, including hoses, fittings, valves, clamps, and pumps shall be constructed of materials that shall be resistant to corrosion, puncture, or cracking and shall be compatible with the product being stored.

(c) A storage container and all equipment, including hoses, fittings, valves, clamps, and pumps used for the storage of a liquid fertilizer containing potassium chloride (muriate of potash) may be constructed of ferrous materials if:

The container and all equipment, including hoses, fittings, valves, clamps, and pumps are coated or treated with protective substances; and
The container or all equipment, including hoses, fittings, valves, clamps, and pumps is used for a storage period of not more than six (6) months, is completely emptied between storage periods, and is cleaned and inspected for leaks prior to being refilled.

(d) Metals used for valves, fittings, or repairs on metal containers shall be compatible with the materials used in the construction of the storage container so the combination of metals does not cause or increase corrosion that could weaken the storage container or its all equipment, including hoses, fittings, valves, clamps, and pumps or create a risk of release.

(e) Storage containers and all equipment, including hoses, fittings, valves, clamps, and pumps shall be designed to handle all operating stresses, taking into account static head, pressure buildup from pumps and compressors, and any other mechanical stresses to which the storage containers and all equipment, including hoses, fittings, valves, clamps, and pumps could be subjected to in the foreseeable course of operations.

(f) Storage containers shall be properly labeled during active use of the container.

(2) Prohibition against underground storage and plumbing.

(a) The storage of liquid fertilizer or pesticide in an underground storage container shall be prohibited unless an impervious catch basin is used for the temporary collection of run-off or rinsate from containment or operational areas and it is emptied within seventy-two (72) hours of use.

(b) Underground plumbing shall be restricted to the use of concentric piping.

(3) Abandoned containers.

(a) Storage containers and other containers used at a storage facility to hold liquid bulk fertilizer or pesticide, or pesticide and fertilizer rinsate shall be considered abandoned if they have been out of service for more than six (6) months due to a weakness or leak, or have been out of service for any reason for more than two (2) years without integrity tests having been performed.

(b) Abandoned aboveground containers shall be thoroughly cleaned. All hatches on the containers shall be secured and all valves or connections shall be severed or sealed.

(c) A secondary containment facility shall not be considered abandoned for the sole reason that there have been no releases into the secondary containment.

(4) Prohibited materials.

(a) Storage containers and shall not be constructed of copper, brass, zinc, or copper base alloys.

(b) Storage containers and used for the storage of liquid fertilizers containing phosphate or chlorides shall not be constructed of aluminum alloys.

(c) Storage containers and used for the storage of low ph (<5) liquid fertilizers shall not be constructed of ferrous materials other than stainless steel unless the materials are coated or treated with protective substances.

(d) Storage containers used for the storage of low-pressure nitrogen solutions shall not be constructed of mild steel, fiberglass, polyolefins, or plastic. This prohibition shall not extend to nonpressure solutions commonly referred to as twenty-eight (28), thirty (30), or thirty-two (32) percent nitrogen solutions. This prohibition against the use of mild steel shall not extend to aqua ammonia.

(e) Storage containers used for the storage of phosphoric acid shall not be constructed of ferrous materials other than stainless steel unless the container is lined with a suitable substance based on contents.

(5) Filling storage containers. Storage containers shall not be filled beyond the capacity for which they are designed.

(6) Pipes and fittings. Pipes and fittings shall be adequately supported to prevent sagging and possible breakage due to gravity and other forces that could be encountered in the ordinary course of operations. Underground plumbing shall be prohibited except as established in subsection (2)(b) of this section.

(7) Liquid level gauging device.

(a) Every storage container shall be equipped with a liquid level-gauging device by which the level of liquid in the storage container can be readily and safely determined. A liquid level-gauging device shall not be required if the level of liquid in a storage container can be readily and reliably measured by other means.

(b) Liquid level gauging devices shall be secured in a safe manner to protect against breakage or vandalism.

(8) Venting. Storage containers shall be vented to manufacturer's specifications for the product being stored in the container.

(9) Facility inspection and maintenance by owner or operator. Inspections by the operator shall be conducted quarterly to assure the early detection of cracks and other defects that could compromise the integrity of the primary containment. Repairable defects that occur in a primary containment shall be sealed or repaired immediately.

Section 5. Secondary Containment of Liquid Bulk Pesticide and Liquid Bulk Fertilizer.

(1) A nonmobile storage container for liquid bulk pesticides and liquid bulk fertilizer shall be located within a secondary containment.

(2) Basic requirements shall include:

(a) The floor and walls of a secondary containment structure shall be constructed of:

Concrete;
Concrete block that has been capped and filled with concrete;
Steel; or
Another impervious material compatible with the product being stored;

(b) The floor and walls of a secondary containment structure that contains a pesticide shall be constructed of material that shall maintain structural integrity under fire conditions;

(d) Underground plumbing shall be prohibited except as established in Section 4(2)(b) of this administrative regulation;

(e) Secondary containment may provide for the separation between bulk pesticides and bulk fertilizer to the extent that a common wall or curbing exists between the fertilizer and pesticide areas and shall provide for the interception and recovery of materials including clean-up of pesticide releases. The entire secondary containment area shall meet or exceed the total capacity requirements established in this section;

(f) Secondary containment structures shall be cleaned and rinsed within seventy-two (72) hours after any release into the secondary containment;

(g) An inspection shall be conducted quarterly by the owner or operator to assure the early detection of cracks or other defects that could compromise the integrity of the secondary containment.

Repairable defects that occur in a secondary containment shall be sealed or repaired immediately.
Inspections shall be documented in a legible and accurate form;

(h) Containers, pipes, hoses, and valves shall be protected against anticipated risks of damage by trucks and other moving vehicles;

(i) Clay, natural soil clay mixtures, or clay and bentonite mixtures shall not be used to contain any bulk pesticide;

(j) Temporary operational containment or elephant rings shall not be used as secondary containment for any bulk pesticide; and

(k) Secondary containment structures shall include a sump or collection point for collection of spillage, leakage, rinsate, or other residues.

A sump or collection point shall not be greater than two (2) feet deep and shall not contain more than 109 U.S. gallons.
A sump shall be cleaned and rinsed within seventy-two (72) hours of use.

(3) Secondary containment structures shall provide the following capacity:

(a) If not roofed, the containment shall have a minimum containment volume that equals 110 percent of the capacity of the largest tank and the volume displaced by the bases of the other tanks located within the secondary containment structure;

(b) If roofed, the containment shall have a minimum containment volume of 100 percent of the capacity of the largest tank plus the volume displaced by the bases of the other tanks located within the secondary containment structure; and

(c) If tanks are plumbed together without valves, any connected tanks shall be considered a single tank for calculation purposes.

(4) Basic requirements for the secondary containment of liquid fertilizer.

(a) Secondary containment shall be provided that meets or exceeds the requirements in subsection (2) of this section.

(b) Secondary containment shall be constructed to a water permeability rate of 1 x 10-6 centimeters per second and maintained so that liquid movement through the walls and base does not exceed a rate of 1 x 10-5 centimeters per second permeability rate. The secondary containment structure shall be designed and maintained to withstand a full hydrostatic head of any contained liquid.

(c) Synthetic materials or liners may be used as secondary containment if they are compatible with the substances being contained and are installed according to manufacturer's recommendations. These directions and recommendations shall be maintained at the storage facility.

(d) Earthen walls used for secondary containment of fertilizer shall be protected against erosion.

Side slopes shall not exceed a three (3) to one (1) ratio of horizontal to vertical.
The top width of earthen walls shall not be less than two and one-half (2 1/2) feet.

(e) Provisions shall be made for safe emergency access and exit to and from the secondary containment structure.

(f) Floors shall be constructed to allow the safe and expeditious removal of precipitation or any spilled liquid to a collection point.

(g) A soil liner used for secondary containment of fertilizer shall be constructed of suitable soil or soil treated with bentonite clay or other comparable material, with a minimum depth of twelve (12) inches, if the other requirements stated in this section are met. The liner shall be covered by a soil or smooth aggregate layer not less than six (6) inches thick and shall be maintained to prevent cracking or puncture.

(h) Prefabricated secondary containment devices shall be constructed of a rigid prefabricated basin having both a base and walls constructed of steel, reinforced concrete, synthetic liner, or synthetic materials that are resistant to corrosion, puncture, or cracking.

(5) Exemptions from secondary containment.

(a) A liner shall not be required to be installed directly under a storage container having a capacity of 100,000 gallons or more that has been constructed on site and put into use prior to August 1998 if:

A second bottom made of steel shall be constructed for the storage container. The second bottom shall be placed over the original bottom and a layer of smooth fine gravel or coarse sand having a minimum thickness of three (3) inches shall be installed between the layers;
The original bottom of the storage container is tested for leaks before the sand layer or second bottom is installed. A record of the test shall be maintained at the storage facility;
The newly constructed bottom is tested for leaks before any liquid fertilizer is stored on the newly constructed bottom. A record of the test shall be maintained at the storage facility; and
There is a method by which leaks from the newly constructed bottom into the sand layer shall be readily detected unless the storage containers are constructed of nonferrous materials that have a protection system in place consisting of synthetic liners and monitoring system.

(b) The secondary containment requirements established section shall not apply to railcars that are periodically transferred to and from storage.

(6) A storage facility with existing secondary containment on site and in place on August 17, 1998, shall be exempt from this section if:

(a) All requirements established in Section 4 of this administrative regulation are met;

(b) All requirements established in subsection (2) of this section are met; and

(c) A minimum secondary containment capacity of 110 percent of the largest container plus the volume displaced by the other tanks located within the secondary containment structure exists.

Section 6. Operational Containment for Pesticides and Liquid Fertilizer.

(1) The transfer of a pesticide or liquid fertilizer between storage containers at a commercial facility shall be performed within impervious operational containment designed to intercept, retain, and recover an accidental release or leakage of rinsate and residue. Transfer shall include:

(a) Loading

(b) Unloading;

(d) Impregnating;

(e) Mixing; or

(f) The cleaning of equipment.

(2) Temporary operational area containment may be used in lieu of impervious operational containment for loading or unloading of rail cars or barges.

(3) The basic requirements for permanent operational containment structures for a pesticide and a liquid fertilizer shall include:

(a) The construction and the design of a containment structure shall be compatible with the products handled and be maintained in a condition to retain recovered material until it is properly disposed of or use;

(b) Operational containment shall be constructed of reinforced concrete or other impervious materials compatible with the products being handled;

(c) The owner or operator, to assure the early detection of cracks and other defects that could compromise the integrity of the operational containment structure shall conduct inspections at least quarterly.

Repairable defects that occur in an operational containment structure shall be sealed or repaired immediately.
Inspections shall be documented in a legible and accurate form;

(d) Storm water drainage shall be diverted away from all operational containment structures;

(e) Operational containment shall include a sump or collection point for the temporary collection of spillage, leakage, rinsate, or other residues.

A sump or collection point shall not be greater than two (2) feet deep nor contain more than 109 U.S. gallons.
A sump shall be cleaned and rinsed within seventy-two (72) hours of use;

(f) Operational containment shall not have a relief outlet or release valve;

(g) Operational containment shall be large enough in area to prevent spillage onto unprotected areas and to prevent any release to the surrounding environment; and

(h) The use of underground plumbing shall be prohibited except as established in Section 4(2)(b) of this administrative regulation.

(4) Operational containment shall provide that:

(a) Operational area containment for a roofed permanent structure shall have a volume sufficient to contain a minimum of 1,000 U.S. gallons. Containment capacity of the sump shall be figured in addition to the containment capacity of the structure; and

(b) Operational area containment for an unroofed permanent structure shall have a volume sufficient to contain a minimum of 1,250 U.S. gallons. Containment capacity of the sump shall be figured in addition to the containment capacity of the structure.

(5) Temporary operational containment may be utilized to meet the requirements of this section if:

(a) The capacity of temporary operational containment shall not be less than 1,250 U.S. gallons; and

(b) The temporary operational containment shall be constructed of material that shall be compatible with products handled and a written copy of the manufacturer's installation directions, compatibility statement, and expected life expectancy is maintained at the storage facility; and

(6) An elephant ring may be utilized to meet the requirements of this section if a minimum capacity of twenty-five (25) U.S. gallons is provided for the use of recovering spillage and leakage from the transfer connections and pumps associated with the unloading of a truck, barge, or railcar into a storage facility.

(7) A combination of an elephant ring and concentric piping may be utilized to meet the requirements of this section if a minimum capacity of twenty-five (25) U.S. gallons is provided for the use of recovering spillage and leakage from the transfer connections and pumps associated with the loading or unloading of a railcar or barge.

Section 7. Containment of Dry Bulk Pesticides.

(1) A nonmobile storage container for dry bulk pesticides shall be located within secondary containment.

(2) Dry bulk pesticide storage shall be segregated from other containment areas and be segregated by a six (6) inch curb of an area that extends at least two (2) feet beyond the perimeter of the walls of the storage container.

Section 8. Dry Bulk Fertilizer Storage and Handling.

(1) Dry bulk fertilizer material shall be stored and handled using best management practices.

(2) Dry bulk fertilizer shall be stored inside a structure or device having a cover or rooftop, sidewalls and base sufficient to prevent contact with precipitation and surface waters.

(3) The loading, unloading, mixing, or handling of dry bulk fertilizer, unless performed in the field of application, shall be conducted in a manner to provide for the collection and reuse of any spilled fertilizer.

Section 9. Containment Management.

(1) A pesticide, fertilizer, pesticide residue, fertilizer residue, or rinsate recovered from secondary or operational containment shall be field applied at agronomic rates, used in a liquid mixing operation, or otherwise recycled or disposed of in accordance with the product label.

(a) A pesticide residue or rinsate that is to be land applied shall be handled in accordance with the product labels.

(b) Rinsates may be used to make up the total spray mixture if the mixture does not exceed the pesticide label application rates.

(2) Best management practices shall be used to keep rinsate and other recovered material segregated by compatible uses.

(3) Uncontaminated precipitation collected shall be discharged from containment areas. Contaminated precipitation shall be field applied pursuant to subsection (1) of this section.

(4) Recovered or rinsate material collected in a containment system shall not be considered a hazardous waste unless it is determined that the rinsate or other recovered material cannot be applied to a labeled target area.

Section 10. Distribution.

(1) Sale by weight or meter shall be the approved method of resale for pesticides and fertilizer. Both methods shall meet the specifications, tolerances, and other technical requirements for weighing and measuring devices as determined by the Kentucky Department of Agriculture.

(2) A separate meter shall be required for each product distributed for sale if the product is sold through a meter.

Section 11. Incorporation by Reference.

(1) The "Pesticide and/or Fertilizer Bulk Storage Facilities Registration form", October 2019 is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Division of Pesticide Regulation, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS Chapter 217B, 40 C.F.R., 49 C.F.R., 42. U.S.C. 9601
STATUTORY AUTHORITY: KRS 217B.050(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 217B.050(1) authorizes the department to promulgate administrative regulations prescribing the methods of storing fertilizers and pesticides. This administrative regulation establishes requirements for the storage and handling of pesticides and bulk fertilizers at commercial facilities.
History: 24 Ky.R. 2243; Am. 25 Ky.R. 308; eff. 8-17-98; 29 Ky.R. 2142; 2454; 4-11-2003; Crt eff. 2-18-2020; 46 Ky.R. 1621, 2232; eff. 2-26-2020.

Chapter 33 Grain

302 KAR 33:010 Grain dealers and grain warehouse operators {#sec-302-kar-33-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 33:010}

Section 1. Licenses.

(1) To apply for a grain dealer or grain warehouse operator license, an applicant shall mail a completed Application for Grain Dealer/Warehouse License, the fee required by Section 2 of this administrative regulation, and the attachments required by the application form to the address at the top of the form.

(2) In accordance with KRS 251.355, each person acting as a grain dealer or grain warehouse operator who operates more than one (1) facility shall have a separate license for each facility when each facility is operated as separate business establishment.

(3) All licenses shall be posted in a location at each business establishment that is easily viewable by customers and the public.

(4) All grain warehouse operators licensed under the United States Warehouse Act, 7 U.S.C. 241 et seq., and operating in Kentucky shall also be required to hold a valid Kentucky Grain Warehouse Operator's license.

(5)

(a) Grain dealer and grain warehouse operator licenses shall be renewed by July 1 each year.

(b) The licensee shall mail a completed Application for Grain Dealer/Warehouse License, the fee required by Section 2 of this administrative regulation, and any attachments required by the form to the address at the top of the form.

Section 2. License Fee Schedule. License fees for grain dealers and grain warehouse operators shall be based upon the number of bushels purchased by the dealer or warehouse operator during the previous year.

(1) The license fee schedule for grain dealers shall be:

(a) From 0 - 5,999 bushels: seventy-five (75) dollars.

(b) From 6,000 - 99,999 bushels: $150.

(d) From 2,000,000 - 5,999,999 bushels: $450.

(e) From 6,000,000 - 9,999,999 bushels: $600.

(f) From 10,000,000 bushels or more: $750.

(2) The license fee schedule for grain warehouse operators shall be:

(a) Under 2,000,000 bushels: $300.

(b) From 2,000,000 - 5,999,999 bushels: $450.

(d) 10,000,000 bushels or more: $750.

Section 3. Forward Pricing Contracts. All forward pricing contacts used in Kentucky shall contain the following information that includes, at a minimum:

(1) Date of agreement;

(2) Agreement number;

(3) Description of the commodities under agreement;

(4) A statement that the seller freely sells and delivers to the buyer listed commodities on which the price is to be established at a later date and the seller pledges the commodities delivered pursuant to the agreement shall be free of any lien or encumbrance;

(5) A statement that the seller understands that ownership is being transferred to the buyer upon delivery, and that after delivery the seller becomes a creditor of the buyer for the fair market value of the delivered commodities until the price is established and settlement is completed, and if the buyer defaults on the obligation for settlement, the seller may be held as an unsecured creditor of the buyer for the value of the commodities;

(6) A statement that upon demand of the seller, the buyer is obligated to pay the regular bid price upon the date of demand for the delivered commodities being priced by the seller less any service charge due to the buyer, and the buyer shall pay the same price as the buyer is bidding for like commodities being delivered for sale on that date by other sellers;

(7) A statement that for services rendered in connection with the agreement the seller shall be liable to the buyer for forward price charges printed on a scale ticket;

(8) A statement that each scale ticket marked for forward price becomes a part of the agreement between the seller and the buyer; and

(9) The name, contact information, and signature of the seller and buyer.

Section 4. Temporary Storage Structures.

(1) To ease demand on approved warehouse space for a single crop year, the department may authorize other storage structures as temporary storage structures by a Kentucky licensed grain warehouse.

(2) Grain stored in temporary storage structures may be used to cover storage obligations, forward pricing obligations, or otherwise be counted as an asset from be date of authorization until the following March 31. Grain held in temporary storage beginning April 1 shall not count as an asset during a KDA inspection.

(3) Authorization for temporary storage by the department may be granted if the following conditions are met:

(a) Requests for temporary storage shall be in writing and shall receive prior approval of the department before use.

(b) The identity of the grain placed in temporary storage shall be preserved by a unique or identifying mark that appears on the receipt.

Have a solid floor;
Have rigid self-supporting walls;
Provide adequate aeration;
Have acceptable covering; and
Be fully insured against loss of grain.

(d) The warehouse operator shall meet all financial and bonding requirements established by KRS Chapter 251 and this administrative regulation.

(e) The warehouse operator shall maintain a separate record of all grain stored in a temporary structure and show daily balance as part of the daily position record.

(f) The warehouse operator shall move the grain in temporary storage by sale or into their department licensed warehouse by:

March 31 following initial warehouse licensing for fund covered grain; or
Other later dates, as mutually agreed upon by the warehouse operator and the department.

(g) Grain stored in temporary storage may be considered part of commingled inventory to cover storage or forward pricing obligations.

Section 5. Emergency Storage. Authorization for emergency storage may be granted by the department if the following conditions are met:

(1) The warehouse operator provides written justification that a need for emergency storage exists for the current crop year in the local area including the exact location, kind of grain to be stored, and the quantity of grain requested to be placed in emergency storage.

(2) The warehouse operator receives authorization from the Department before using emergency storage space.

(3) The warehouse operator moves the grain in emergency storage by sale or into their department licensed warehouse by:

(a) March 31 following initial warehouse licensing for fund covered grain; or

(b) Other later dates, as mutually agreed upon by the warehouse operator and the department.

(4) Grain held in emergency storage shall not count as an asset for purposed of a KDA inspection.

Section 6. Producer Payment Responsibility.

(1) For purposes of Kentucky grain insurance fund coverage eligibility, in any grain transaction the entity that is responsible for payment to the producer shall be deemed to be a grain dealer, without regard to intermediaries or transporters.

(2) For purposes of Kentucky grain insurance fund coverage eligibility, ownership of grain shall be deemed to transfer the first time when that grain is delivered or weighed on a Department-approved scale.

(3) A claim arising from a transaction that did not conform to the requirements of this section shall not be eligible for Kentucky grain insurance fund coverage.

Section 7. Violation Review and Appeal. All appeals shall be conducted in accordance with KRS Chapter 13B.

Section 8. Incorporation by Reference.

(1) "Application for Grain Dealer/Warehouse License", September 2023, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Regulation and Inspection Division, 107 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the department's Web site at https://kyagr.com/consumer/grain-licensing-and-regulation.html.

History

RELATES TO: KRS 251.010, 251.340, 251.355, 251.365, 251.375, 251.380, 251.440, 251.470, 251.990
STATUTORY AUTHORITY: KRS 251.020, 251.355, 251.370(9), 251.375(4)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 251.355 requires grain dealers and grain warehouse operators to be licensed by the department. KRS 251.020 authorizes the department to promulgate administrative regulations necessary to administer and enforce KRS Chapter 251. KRS 251.355(8) and (9) require the department to establish a schedule of fees. KRS 251.375(4) requires the department to establish the minimum information required to be included in a forward pricing contract. This administrative regulation establishes licensure, purchasing, and storage requirements for grain dealers and grain warehouse operators.
History: 50 Ky.R. 238, 822; eff. 10-19-2023.

Chapter 37 Hay Grading

302 KAR 37:010 Forage Testing Program {#sec-302-kar-37-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 37:010}

Section 1. Definitions.

(1) "Acid detergent fiber" means the portion of hay that is highly indigestible.

(2) "Available protein" means an adjustment in crude protein value determined by subtracting the degree of heat damage from the crude protein level.

(3) "Crude protein" means the portion of hay that contains true protein and nonprotein nitrogen.

(4) "Department" means the Kentucky Department of Agriculture.

(5) "Digestible dry matter" means the estimated percent of hay that is digestible.

(6) "Dry matter" means the portion of hay that is not water.

(7) "Dry matter intake" means an estimate of the maximum amount of hay a lactating cow will eat.

(8) "Forage testing program" means a standard grading program for evaluating hay quality as established in KRS 260.033.

(9) "Hay" means grass, alfalfa, clover, or other forage crops cut and dried for use as livestock feed.

(10) "Kind" means one (1) or more related species or subspecies that singularly or collectively is known by one (1) common name, for example, alfalfa, red clover, and timothy.

(11) "Lot" means hay taken from the same cutting at the same stage of maturity, the same kind, the same field, and harvested within forty-eight (48) hours.

(12) "Neutral detergent fiber" means the portion of hay that is only partially digestible and limits intake.

(13) "Relative feed value" means a combination of digestible dry matter and dry matter intake that is used to evaluate the feed value of hay under a calculation of multiplying the percentage of digestible dry matter times the percentage of dry matter intake and then dividing that number by 1.29.

(14) "Total digestible nutrients" means the digestible components of fiber, protein, fat, and nitrogen-free extract in the diet.

Section 2. The method of sampling hay shall be the following:

(1) Forages shall be sampled in accordance with the procedures established in the National Forage Testing Association's Recommended Principles for Proper Hay Sampling.

(2) Compliance with the sampling procedures established in the National Forage Testing Association's Recommended Principles for Proper Hay Sampling shall be the sole responsibility of the person submitting the sample for testing.

Section 3. The testing of forage shall be performed in accordance with the procedures set forth in the National Forage Testing Association's "Forage Analyses Procedures". The test result shall include analysis under the categories of "As Received Basis" and "Dry Matter Basis" of:

(1) Moisture;

(2) Dry matter;

(3) Crude protein;

(4) Heat damaged protein;

(5) Available protein;

(6) Digestible protein;

(7) Acid detergent fiber;

(8) Neutral detergent fiber; and

(9) Relative feed value;

Section 4. Testing Fee. The testing fee shall be ten (10) dollars per sample. The fee shall accompany Forage Sample Analysis Request Form and be submitted with the sample.

Section 5. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Recommended Principles for Proper Hay Sampling", July 2019;

(b) "Forage Analyses Procedures", July 1993; and

(2) These materials may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Forage Testing Program, 107 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 260.010
STATUTORY AUTHORITY: KRS 260.033
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.033(2) requires the department to promulgate administrative regulations to test quality standards and procedures for grading hay. This administrative regulation establishes definitions for terms used in the administration of the Kentucky Forage Testing Program and establishes methods of sampling and testing forage to be applied to the Kentucky Forage Testing Program.
History: 15 Ky.R. 2127; Am. 2224; eff. 4-26-89; 20 Ky.R. 605; 680; eff. 10-27-93; Crt eff. 2-18-2020; 46 Ky.R. 1626, 2236; eff. 2-26-2020.

Chapter 39 Marketing and Product Promotion

302 KAR 39:020 Kentucky Small Farm Wineries Support Fund {#sec-302-kar-39-020 omnilex-key=us-ky-regs-official--title-302--302 KAR 39:020}

Section 1. Definitions.

(1) "Fund" means any portion of the annual deposit from the general fund into the Kentucky Small Farm Wineries Support Fund established by KRS 260.175(2).

(2) "KGWC" means the Kentucky Grape and Wine Council established by KRS 260.165.

(3) "Local marketing cost-share program" is defined by KRS 260.175(2)(b).

(4) "Small farm winery" is defined by KRS 241.010(56).

(5) "Wholesaler" means a licensed wholesaler as described in KRS 260.175(2)(d).

Section 2.

(1) The Kentucky Small Farm Wineries Support Fund shall be maintained in four (4) unique accounts based on the statutory categories in KRS 260.175(2)(a) - (d).

(2) The KGWC shall approve all fund expenditures based on voting procedures set forth in their bylaws and shall authorize the Kentucky Department of Agriculture to dispense the funds pursuant to Sections 3 and 4 of this administrative regulation.

(3) The annual report required by KRS 260.166(2)(f) shall contain a summary of all:

(a) Program activity;

(b) Participants; and

(4) The Kentucky Department of Agriculture shall assist in the:

(a) Management of reports;

(b) Program documentation; and

Section 3. The Wine Wholesaler Reimbursement Program. The funds in this program shall be dispersed based on the criteria established in this section.

(1) The reimbursement rate for a wholesaler shall be twenty (20) dollars per case of wine produced by a small farm winery with a valid Kentucky license.

(2) To receive reimbursement, a wholesaler shall:

(a) Apply for participation in the reimbursement program on the "Application" and "Wine Approval Request" portions of the Wholesaler Reimbursement Program Application and receive written confirmation of receipt from the KGWC prior to delivery of the wine;

(b) Request reimbursement on the "Reimbursement Request" portion of the Wholesaler Reimbursement Program Application within ninety (90) days after the wine is delivered;

(d) Provide a printed report to the KGWC that includes eligible wine purchase price, sale price, and proof of delivery.

(3) A wholesaler distributing wine pursuant to KRS 260.175(2)(d) shall not:

(a) Be reimbursed for any products of a small farm winery that is participating in an active marketing contract with a licensed wholesaler;

(b) Be required to undertake any marketing or promotional responsibilities for the KGWC approved wine; or

(4) The annual fund shall be divided equally into two (2) biannual program periods.

(5) The availability of funds shall be a combination of the biannual portion and any unencumbered funds from the previous program periods.

(6) The KGWC shall:

(a) Mail a written notice of the new program period to all licensed small farm wineries each June and December, requiring the winery to confirm if it will have products participating in this program;

(b) Calculate a cap for the products of each participating small farm winery in January and July, based on the amount of funds available and the number of licensed wineries who confirm participation in the program period; and

(c) Mail a written notice of the cap for the program period to all small farm wineries that confirm active participation in the program and to all licensed wholesalers.

(7) Only a licensed Kentucky wholesaler may participate in this program.

Section 4. The Kentucky Grape and Wine Marketing Cost-Share Program. The funds in this program shall be dispersed based on the criteria established in this section.

(1) The primary purpose of the expenditure shall be for the promotion or sale of Kentucky grapes, grape products, or wine.

(2) A small farm winery shall be eligible for reimbursement not to exceed fifty (50) percent of total qualified expenditures.

(3)

(a) A small farm winery shall apply for participation in the reimbursement program on the "Application", "Advertising Plan", and "Expenditure Report" portions of the Small Farm Winery Marketing Cost-Share Program Application.

(b) All expenditures shall be approved by the KGWC in advance.

(c) Expenditures shall not be reimbursed unless the applicant submits a copy of the receipts for the expenditures and a copy or photo of the expenditures.

(4) Eligible expenditures shall clearly display a small farm winery logo or name and be defined as:

(a) An internet, print, radio, or television advertisement; development of these advertisements, and postage and hosting fees;

(b) A promotional item to be given away;

(d) Uniform apparel that shall be worn by operators or employees;

(e) Logo design;

(f) Booth rental space and competition entry fees;

(g) Off site retail store point of sale items; or

(h) Other novel or unique items or proposals as approved by a vote of the KGWC.

(5) The following expenditures shall not be eligible for reimbursement from this fund:

(a) Equipment without a primary purpose of advertising grapes or wine;

(b) Blank or modifiable signage, electronics, or electronic media products;

(d) Promotional items that do not permanently or clearly display the small farm winery logo or name;

(e) Food or wine products served at special events, tradeshows, farmers' markets, and festivals; or

(f) Membership dues or registration fees.

(6) The annual fund shall be divided equally into two (2) bi-annual program periods.

(7) The availability of funds shall be a combination of the bi-annual portion and any unencumbered funds from the previous program periods.

(8) The KGWC shall:

(a) Mail a written notice of the new program period to all licensed small farm wineries each June and December requiring the winery to confirm by mail or electronically if it will participate in this program;

(b) Calculate a cap for each participating small farm winery in January and July, based on the number of licensed wineries who confirm participation in the program period and the amount of funds available; and

(c) Mail a written notice of the cap for the program period to all small farm wineries that confirm active participation in the program.

(9) The applicant shall submit a request for reimbursement to the KGWC within ninety (90) days of completion of the last approved expenditure on the "Expenditure Report" portion of the Small Farm Winery Marketing Cost-Share Program Application.

(10) A new small farm winery shall be eligible for funds in the bi-annual program period following license approval.

(11) The Kentucky Department of Agriculture shall evaluate submitted applications on a monthly basis and submit a report to the KGWC at regular meetings.

(12) The KGWC shall offer recommendations, approval, or denial of applications within two (2) regular meetings of report submission.

(13) Applicants shall submit their previous year's grape yields by variety, and the previous year's number of gallons of wine produced (not bottled or sold) by variety and source (Kentucky produced or sourced out of state). Data submitted shall be considered confidential.

Section 5. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Wholesaler Reimbursement Program Application", 11/16; and

(b) "Small Farm Winery Marketing Cost-Share Program Application", 11/16.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Office of Marketing and Promotions, 111 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 260.165, 260.166, 260.167, 260.168, 260.175
STATUTORY AUTHORITY: KRS 260.166(2)(c)3., 260.167(3), 260.175(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.175(3) authorizes the Kentucky Department of Agriculture, in collaboration with the Kentucky Grape and Wine Council (KGWC) and the Department of Tourism, to promulgate administrative regulations to administer the Kentucky Small Farm Wineries Support Fund and requires the establishment of standards for the use and distribution of these funds including reporting requirements. This administrative regulation establishes the necessary standards.
History: 33 Ky.R. 2833; 3165; eff. 5-4-2007; 36 Ky.R. 1108; eff. 1-14-2010; 43 Ky.R. 1031; 1377; eff. 3-3-2017; Cert eff. 1-22-2024.

Chapter 40 Organic Agricultural Product Certification

302 KAR 40:010 Certification of organic production, processing, or handling operations {#sec-302-kar-40-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 40:010}

Section 1.

(1) A producer, processor, or handler of organic agricultural products shall comply with:

(a) 7 C.F.R. Part 205, the National Organic Program;

(b) The Organic Certification Program Quality Manual; and

(c) The standards established in the Organic Certification Application required by Section 2(1) of this administrative regulation.

(2) The department shall administer the Organic Certification Program in accordance with the Organic Certification Program Quality Manual.

Section 2. Certification.

(1) To receive or maintain organic certification, a completed Organic Certification Application form shall be submitted to the department annually.Relevant supporting documentation required by the Organic Certification Application shall be submitted with the application.

(2) The production, processing, or handling operation shall be inspected by the department.

(a) The inspector shall be trained as required by the Organic Certification Program Quality Manual.

(b) The applicant shall be present during an unannounced inspection.

The Crop Inspection Report;
The Livestock Inspection Report; or
The KDA Organic Processing/Handler Inspection Report.

(d) An exit interview shall be conducted using the Organic Inspection Exit Interview form.

(e) Upon receipt of a field inspection report, the department shall make a determination of certification and notify the applicant in writing of the department's decision. If the written application and the field inspection report demonstrate compliance with this administrative regulation and 7 C.F.R. 205, the department shall grant certification.

(3) The department shall conduct an annual inspection of every certified organic entity.

(4) Except as established by subsection (5) of this section, a producer, processor, or handler shall pay a certification fee of $500 for the initial certification scope and each year thereafter at renewal. Subsequent scopes beyond the initial shall be charged at $250 and each year thereafter at renewal. Except as established by subsection (5) of this section, processors and handlers shall pay an additional fee of $200 per each $100,000 increment of gross receipts that exceed $100,000. Fees shall be calculated in accordance with the Organic Certification Application and the Organic Certification Program Quality Manual.

(5) A production, processing, or handling operation with gross agricultural income from organic sales of less than $5,000 annually shall register with the department by submitting a complete and notarized Exempt Organic Operation Registration form. There shall not be a fee to register.

(6) To withdraw an Organic Certification Application, a Voluntary Withdrawal Form shall be submitted to the department. The withdrawal procedures listed on the form shall be followed.

(7) To voluntarily surrender an organic certification, a Voluntary Surrender Form shall be submitted to the department. The surrendering procedures listed on the form shall be followed.

Section 3. Organic Agriculture Advisory Committee.

(1) The Organic Agriculture Advisory Committee shall consist of seven (7) members. At least three (3) of the members shall be farmers who produce organic products. The other four (4) members shall include consumers, advocates, handlers, or processors of organic products.

(2) The committee shall be appointed by the commissioner and serve a term of two (2) years. Members may be reappointed to additional two (2) year terms.

(3) The committee shall develop recommendations to promote and expand the organic agricultural products industry in Kentucky.

(4) Members shall receive reimbursement for mileage only for meetings of the full committee.

Section 4. Exports. If export documentation is requested, the applicant shall:

(1) Comply with the procedures established in the Organic Certification Program Quality Manual; and

(2) Pay an additional fee of fifty (50) dollars.

Section 5. Material Incorporated by Reference.

(1) The following material is incorporated by reference:

(a) "Organic Certification Application", September 2021;

(b) "Processing and Handling Organic System Plan"; August 2022;

(d) "2022 Crop Organic System Plan", November 2021;

(e) "Single Ingredient Product List", October 2022;

(f) "Multiple Ingredient Product List", October 2022;

(g) "Voluntary Withdrawal Form", January 2020;

(h) "Voluntary Surrender Form", January 2020;

(i) "Organic Certification Program Quality Manual", November 2021;

(j) "Exempt Organic Operation Registration", January 2018;

(k) "Organic Inspection Exit Interview", November 2019;

(l) "Crop Inspection Report", October 2022;

(m) "Livestock Inspection Report", October 2022;

(n) "KDA Organic Processing/Handler Inspection Report", 2017.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Office of Agricultural Marketing, 109 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. The material is also available on the department Web site at www.kyagr.com.

History

RELATES TO: KRS 260.020, 260.030, 260.038, 7 C.F.R. 205
STATUTORY AUTHORITY: KRS 260.020(3), 260.030(1)(k), 7 C.F.R. 205
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.020(3) authorizes the commissioner of the Kentucky Department of Agriculture to promulgate administrative regulations to carry out any programs established under the Office for Agricultural Marketing and to establish fees for the administration of those programs. KRS 260.030(1)(k) requires the Office of Agricultural Marketing to establish an Organic Agricultural Product Certification Program. This administrative regulation establishes the procedures for certification of organically-produced agricultural products.
History: 16 Ky.R. 2069; eff. 5-31-1990; Am. 23 Ky.R. 3885; 24 Ky.R. 1062; eff. 11-12-1997; 29 Ky.R. 523; 930; eff. 10-9-2002; 30 Ky.R. 697; 1507; eff. 1-5-2004; 40 Ky.R. 1134; 1730; eff. 3-7-2014; Cert eff. 2-11-2021; 49 Ky.R. 1145, 1620; eff. 5-2-2023.

Chapter 45 Ginseng

302 KAR 45:010 Ginseng {#sec-302-kar-45-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 45:010}

Section 1. Definitions.

(1) "Artificially propagated" means ginseng grown from seeds or rootlets that:

(a)

Are exempt from the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) as implemented by 50 C.F.R. Part 23; or
Were derived from cultivated parental stock; and

(b) Were woodsgrown or cultivated.

(2) "Certified ginseng" means ginseng that has been issued an American Ginseng Export Certificate by the department or other governmental certifying organization.

(3) "Cultivated" means ginseng grown under artificial shade and in tilled soil.

(4) "Dealer" means any person or agent of an entity buying ginseng for resale or export.

(5) "Department" means the Kentucky Department of Agriculture.

(6) "Dry ginseng" means ginseng roots that have been dried to remove moisture.

(7) "Export" means to transport, ship, carry, haul, take, or otherwise move ginseng collected in Kentucky outside of Kentucky.

(8) "Ginseng" is defined by KRS 246.650(2).

(9) "Green ginseng" means ginseng roots retaining moisture, not dried.

(10) "Harvest" is defined by KRS 246.650(1).

(11) "Purchase" means to take possession of ginseng in exchange for cash, cash equivalents, or barter.

(12) "Sell" means to transfer possession of ginseng to another person or entity in exchange for cash, cash equivalents, or barter.

(13) "Uncertified ginseng" means ginseng that has been harvested, but has not been issued a certificate for export.

(14) "Wild" means:

(a) Ginseng grown with minimal interference by humans and under natural canopy in forest or woodlands; or

(b) Mature ginseng plants if they are derived from seeds of wild ginseng that were planted as required by Section 4(3) of this administrative regulation.

(15) "Wild Simulated" means ginseng grown:

(a) From seed that was not planted as required by Section 4(3) of this administrative regulation;

(b) With minimal interference by humans; and

(16) "Woodsgrown" means ginseng:

(a) Grown under natural canopy; and

(b) Purposefully managed.

Section 2. Dealer License Requirements. A person shall not purchase uncertified ginseng for resale or export unless he or she possesses a Kentucky ginseng dealer's license.

(1) Annual application. All persons or agents of entities purchasing uncertified ginseng in any amount at any time shall file a complete Ginseng Dealer Application for a ginseng dealer's license.

(2) Fee. An annual fee of seventy-five (75) dollars for Kentucky residents or one hundred fifty (150) dollars for non-residents shall be submitted to the department prior to issuance of a ginseng dealer's license. Residency shall be determined by the state of issuance of a driver's license or other government issued photo identification.

(3) Licensing period. A ginseng dealer's license shall be valid from September 1 until August 31 of the following calendar year. The department shall not issue a license if an applicant has outstanding penalties due under Section 9 of this administrative regulation.

(4) A dealer may only be an agent for an entity that is duly authorized to do business in the Commonwealth.

(5) All dealer purchases shall be made using a certified scale as required in KRS 363.610.

Section 3. Record Keeping.

(1) Purchase of ginseng. Ginseng dealers shall document all purchases of ginseng on a Ginseng Purchase Form. The KDA shall issue twenty-five (25) forms to each dealer. For additional forms, the dealer shall execute a Ginseng Purchase Form Log and submit to the KDA prior to additional form issuance. The form shall be legible, shall be completed in its entirety by the dealer, other than the seller's signature or mark, in the presence of the seller, and shall include:

(a) Printed name, signature, or mark and address of the seller;

(b) Month purchased;

(d) County where harvested;

(e) Weight of purchase or sale;

(f) Designation of ginseng as cultivated, woodsgrown, wild, or wild simulated and whether dried or green at the time of the transaction; and

(g) The seller's government issued photo identification number (drivers license number etc).

(2) Records of sales between dealers.

(a) A ginseng dealer purchasing uncertified ginseng from another dealer shall:

Complete a Dealer to Dealer Transaction Form to document the purchase; and
Obtain from the other dealer Ginseng Purchase Forms completed by the dealer of origin.

(b) The Dealer to Dealer Transaction Form shall include:

The month of purchase from a dealer;
The weight of the ginseng purchased at the time of the transaction;
The signature and registration number of the dealer from whom the purchase is made;
The designation of ginseng as cultivated, woodsgrown, wild, or wild simulated and whether dried or green at the time of the transaction; and
The form identification numbers from the Ginseng Purchase Forms.

(3) Retention. A person required to maintain records under this section shall retain the forms for a period of at least five (5) years from the end of that year's growing season.

(4) Availability. Records required to be maintained under this section shall be made available to the department upon request.

Section 4. Harvest.

(1) Ginseng shall only be harvested between September 1 and December 1 of each year.

(2) Ginseng shall not be harvested that is less than five (5) years old or has less than three (3) five (5) leafed prongs.

(3) Seeds adhering to a plant taken during the season shall be planted within fifty (50) feet of the location of the plant with no tool used other than the finger.

Section 5. Sale of Ginseng.

(1) Uncertified green ginseng may only be sold from September 1 of each year until March 31 of the following year.

(2) Uncertified dry ginseng may only be sold from September 15 of each year until March 31 of the following year.

(3) Ginseng dealers may obtain American Ginseng Export Certificates from the department during the ginseng selling season.

(4) A ginseng dealer may sell certified ginseng at any time.

Section 6. Unsold Ginseng.

(1) Uncertified ginseng not sold by March 31 of the year after harvest shall be documented by the dealer. It shall be:

(a) Weighed and issued a weight receipt by the department; or

(b) Certified in accordance with Section 7 of this administrative regulation.

(2) A ginseng dealer shall not possess:

(a) Undocumented green ginseng from April 1 through August 31; or

(b) Undocumented dry ginseng from April 1 through September 14.

(3) Uncertified weighed ginseng shall not be sold until the following season's selling period.

Section 7. Certification of Ginseng.

(1) Before ginseng harvested in Kentucky can be exported, it shall be certified by the department on an American Ginseng Export Certificate.

(2) Ginseng may only be certified by a dealer holding a Kentucky dealer's license.

(3) To obtain certification, a dealer shall:

(a) File with the department an American Ginseng Export Certificate form;

(b) File with the department associated purchase forms covering the amount of ginseng to be certified in accordance with subsection (5) of this section;

(d) Pay the certification fee in accordance with subsection (7) of this section.

(4) Export Certificate. The certificate shall include the:

(a) State of origin;

(b) Serial number of certificate;

(d) Dealer's shipment number for the harvest season;

(e) Year of harvest;

(f) Designation as dried or green ginseng;

(g) Designation as cultivated, woodsgrown, wild, or wild simulated;

(h) Weight of ginseng;

(i) Statement of state or tribal certifying official that the ginseng was obtained in that state or on those tribal lands in accordance with all relevant laws for that harvest year; and

(j) Name and title of state or tribal certifying official.

(5) Associated purchase forms.

(a) For ginseng purchased from harvesters, the dealer shall file Ginseng Purchase Forms covering the amount of ginseng to be certified.

(b) For ginseng purchased from other dealers, the dealer shall file Dealer to Dealer Transaction Forms and Ginseng Purchase Forms obtained from the dealers of origin covering the amount of ginseng to be certified.

(6) The department may obtain samples of roots in order to obtain a root count.

(7) Certification fee. The fee for certification and processing by the department shall be two (2) dollars per pound. Payment shall be made prior to the release of the certification of the ginseng to the dealer, and shall be tendered by check or money orders only. Cash shall not be accepted.

(8) A copy of the certificate shall be:

(a) Enclosed with the shipment that is the subject of the certification;

(b) Retained for a minimum of five (5) years by the licensed ginseng dealer; and

Section 8. Prohibition on Uncertified Non-Kentucky Grown Ginseng. Ginseng that is harvested outside the border of Kentucky and not certified in its state of origin shall not enter Kentucky.

Section 9. Violations and Penalties.

(1) The following acts shall be considered a violation of this administrative regulation, and each violation shall carry a civil penalty of $100 to $1,000 dollars:

(a) Harvesting ginseng out of season;

(b) Selling uncertified ginseng out of season;

(d) Seed collection, not relocating within fifty (50) feet of parent;

(e) Purchasing uncertified ginseng out of season;

(f) Falsification of a Ginseng Dealer Application, a Ginseng Purchase Form, a Dealer to Dealer Transaction Form, or an American Ginseng Export Certificate;

(g) A dealer purchasing ginseng from a harvester without accurately documenting the purchase on a Ginseng Purchase Form in accordance with Section 3(1) of this administrative regulation;

(h) A dealer purchasing uncertified ginseng from another dealer without:

Accurately documenting the purchase on a Dealer to Dealer Transaction Form in accordance with Section 3(2) of this administrative regulation; or
Obtaining from the other dealer Ginseng Purchase Forms completed by the dealer of origin;

(i) Reselling or exporting ginseng without a dealer's license;

(j) A dealer failing to certify or obtain weight receipt of ginseng at the end of the uncertified ginseng selling season;

(k) Transporting or exporting of uncertified ginseng in or out of Kentucky;

(l) Possession of undocumented ginseng by a ginseng dealer out of season;

(m) Acting as a dealer or agent of a dealer without a license; and

(n) Purchasing uncertified ginseng out of season.

(2) Persons who commit the same violation within thirty (30) days of being cited for the first violation shall be assessed up to double the civil penalty accessed in Section 9(1) of this administrative regulation, not to exceed $1,000.

(3) Persons who commit a third same violation within sixty (60) days of being cited for the first violation shall be assessed up to triple the civil penalty accessed in Section 9(1) of this administrative regulation, not to exceed $1,000.

(4) This section shall not prohibit the department from suspending or revoking a license or certificate at any time in accordance with Section 10 of this administrative regulation.

(5) A person cited with a violation may contest the violation by requesting a hearing in writing within ten (10) days of receiving the notice of violation. The hearing shall be conducted in accordance with KRS Chapter 13B.

Section 10. Ginseng Dealer License Suspension or Revocation.

(1) A ginseng dealer may contest a proposed license suspension or revocation by requesting a hearing in writing within ten (10) days of receiving the notice of suspension or revocation. The hearing shall be conducted in accordance with KRS Chapter 13B.

(2) If a hearing is not requested as provided for in subsection (1) of this section, the department may suspend or revoke the license once the ten (10) day hearing request filing period has passed.

(3) The department may suspend a license for up to one calendar year, or revoke a license after the provisions of subsections (1) and (2) of this section have been satisfied.

Section 11. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Ginseng Dealer Application", 12/2019 ];

(b) "American Ginseng Export Certificate", 8/2016;

(d) "Ginseng Purchase Form", 12/2019;

(e) "Ginseng Purchase Form Log", 12/2019; and

(f) "Weight Receipt"", 08/2015.

(2) These materials may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Division of Plant Marketing, 111 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 246.030, 246.650, 246.660, 246.990(9), 260.020, 260.030, 363.610, 50 C.F.R. Part 23
STATUTORY AUTHORITY: KRS 246.660, 260.020
NECESSITY, FUNCTION, AND CONFORMITY: KRS 246.660 requires the Department of Agriculture to administer a program for ginseng in Kentucky. This administrative regulation establishes the ginseng program including licensing and record keeping requirements for dealers, a limited harvesting season, certification procedures, administrative violations and civil penalties, and procedures for the suspension or revocation of a dealer's license.
History: 9 Ky.R. 292; Am. 572; 917; eff. 1-6-83; 13 Ky.R. 1713; 14 Ky.R. 431; eff. 8-5-87; 18 Ky.R. 743; 1840; eff. 11-26-91; 27 Ky.R. 1061; 1774; eff. 1-15-2001; 38 Ky.R. 659; 903; eff. 11-3-11; Crt eff. 2-18-2020; 46 Ky.R. 2315, 2917; eff. 7-9-2020.

302 KAR 45:020 Ginseng Growers Pilot Program {#sec-302-kar-45-020 omnilex-key=us-ky-regs-official--title-302--302 KAR 45:020}

Section 1. Registration. Each person wishing to sell, trade, or otherwise offer for transfer, live ginseng plants or seeds in the Commonwealth of Kentucky shall first register with the department.

(1) A registrant shall submit a driver's license or other government-issued identification and a completed Pilot Ginseng Grower Registration.

(2) The department shall issue a grower ID number to registrants once the form is reviewed.

(3) The department may deny registration to persons with an infraction in the ginseng dealer program in the four (4) years prior to registration.

(4) A registration shall be valid for the remainder of the calendar year in which the registration was submitted.

Section 2. Site Inspection and Ginseng Placement. Prior to sale or transfer of live plants or seed, the registrant shall have a physical inspection of the growing location in Kentucky. The department may inspect the site at any time after registration. Plants or seeds shall be located at least 300 feet away from known wild ginseng populations.

Section 3. Records Required. A registrant shall maintain records, for at least ten (10) years, of:

(1) Seed source and number of seeds or seed weight amounts, and a written receipts or invoices for all materials;

(2) Live plant source and planting numbers;

(3) A map of planting locations; and

(4) All sales of all ginseng material, including live plants, seeds, and root material.

Section 4. Sales of Ginseng. All sales of live plants and seeds shall be from a registered grower.

(1) All harvest and sales of roots shall be in accordance with 302 KAR 45:010.

(2) Sales or purchases from any person not registered as a grower shall be grounds for the penalties of 302 KAR 45:010, including underage plant possession.

(3) All sales of roots shall be declared as other than wild for certification.

Section 5. Material Incorporated by Reference.

(1) "Pilot Ginseng Grower Program Registration", July 2025, is incorporated by reference.

(3) This material may also be obtained at www.kyagr.com.

History

RELATES TO: KRS 246.030, 246.650, 246.660, 260.020, 260.030, 363.610, 50 C.F.R. Part 23
STATUTORY AUTHORITY: KRS 246.660, 260.020(3), 260.030(1)(d)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.020(3) authorizes the commissioner to promulgate administrative regulations for the Office of Agricultural Marketing. KRS 246.660 requires the Department of Agriculture to administer a program for ginseng in Kentucky. This administrative regulation establishes a ginseng growing program.
History: 50 Ky.R. 1627, 2022; eff. 7-2-2024; TAm eff. 7-24-2025.

Chapter 50 Industrial Hemp

302 KAR 50:021 Procedures and policies for hemp growers {#sec-302-kar-50-021 omnilex-key=us-ky-regs-official--title-302--302 KAR 50:021}

Section 1. Definitions.

(1) "Agent" means a person who is employed by or working under contract for a license holder, and who does not have any ownership interest in the hemp.

(2) "Applicant" means a person who submits an application on his or her behalf or on behalf of a business entity to participate in the Hemp Licensing Program.

(3) "Broker" means to engage or participate in the marketing of hemp by acting as an intermediary or negotiator between prospective buyers and sellers.

(4) "Cannabis":

(a) Means the plant that, depending on its THC concentration level, is either "hemp" or "marijuana." Cannabis is a genus of flowering plants in the family Cannabaceae of which Cannabis sativa is a species, and Cannabis indica and Cannabis ruderalis or subspecies thereof. Cannabis includes all parts of the plant, whether growing or not, including its seeds, resin, compounds, salts, derivatives, and extracts; and

(b) Does not mean a "publicly marketable hemp product," as defined by subsection (37) of this section.

(5) "CBD" means cannabidiol.

(6) "Commissioner" is defined by KRS 260.850(1).

(7) "Commonwealth" means the Commonwealth of Kentucky.

(8) "Conviction":

(a) Means an adjudication or finding of guilt, including a plea of guilty or nolo contendere; and

(b) Does not mean a conviction subsequently overturned on appeal, pardoned, or expunged.

(9) "Corrective action plan" means a document established by the department for a licensee to correct a negligent violation of, or non-compliance with, KRS 260.850-260.869 or a requirement of 302 KAR Chapter 50.

(10) "Culpable mental state greater than negligence" means to act intentionally, knowingly, willfully, or with criminal negligence.

(11) "Decarboxylation" means the completion of the chemical reaction that converts the delta-9-THC-acid into delta-9-THC, the intoxicating component of cannabis. The decarboxylated value is also calculated using a conversion formula that sums delta-9-THC and eighty-seven and seven-tenths (87.7) percent of delta-9-THC-acid.

(12) "delta-9-THC" means delta-9-tetrahydrocannabinol concentration (the primary intoxicating component of cannabis). For compliance purposes, all delta-9-THC concentrations are measured post- decarboxylation (result commonly referred to as total THC).

(13) "Department" or "KDA" is defined by KRS 260.850(3).

(14) "Geospatial location" means a location designated through a GPS or other global system of navigational satellites used to determine the precise ground position of a place or object.

(15) "GPS" means Global Positioning System.

(16) "Handling" is defined by KRS 260.850(4).

(17) "Hemp" or "industrial hemp" is defined by KRS 260.850(5).

(18) "Hemp Grower License" means a document issued by the department authorizing the person to grow, handle, market, and store hemp in the Commonwealth under the terms established in the document, KRS 260.850 through 260.869, and this administrative regulation.

(19) "Hemp Processor/Handler License" means a document issued by the department authorizing the person to process, handle, market, and store hemp in the Commonwealth under the terms established in the document, KRS 260.850 through 260.869, and 302 KAR 50:031.

(20) "Hemp product" or "industrial hemp product" is defined by KRS 260.850(6).

(21) "Key participant":

(a) Means a person who has a direct or indirect financial interest in the entity producing hemp, such as an owner or a partner in a partnership and includes an entity's chief executive officer, chief operating officer, and chief financial officer; and

(b) Does not mean farm managers, field managers, or shift managers.

(22) "Law enforcement agency" means the Kentucky State Police, DEA, or other federal, state, or local law enforcement agency or drug suppression unit.

(23) "Licensed grower" means a person authorized in the Commonwealth by the department to grow, handle, store, and market hemp under the terms established in a hemp grower license, KRS 260.850 through 260.859 and this administrative regulation.

(24) "Licensed processor" means a person in the Commonwealth authorized by the department to process, handle, store, and market hemp under the terms established in a hemp processor/handler license KRS 260.850 through 260.869, and 302 KAR 50:031.

(25) "Location ID" means the unique identifier established by the applicant for each unique set of GPS coordinates where hemp will be grown, handled, stored, or processed, which can include a field name or building name.

(26) "Lot" means a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of hemp throughout.

(27) "Negligence" means failure to exercise the level of care that a reasonably prudent person would exercise in complying with an administrative regulation, rule, or instruction.

(28) "Nonviable seed" means a seed that has been crushed, dehulled, or otherwise rendered to have a zero percent germination rate.

(29) "Person" means an individual or business entity.

(30) "Pesticide" means any substance or mixture of substances intended to:

(a) Prevent, destroy, control, repel, attract, or mitigate any pest;

(b) Be used as a plant regulator, defoliant, or desiccant; or

(31) "Post-harvest sample" means a sample taken from the harvested hemp from a particular lot's harvest in accordance with the procedures as established in 302 KAR 50:056. The entire lot's harvest is in the same form (for example, intact-plant, flowers, ground materials), homogenous, and not mixed with non-hemp materials or hemp from another lot.

(32) "Pre-harvest sample" means a composite, representative portion from living plants in a hemp lot collected in accordance with the procedures as established in 302 KAR 50:056.

(33) "Prohibited variety" means a variety or strain of cannabis excluded from the Kentucky Hemp Licensing Program.

(34) "Processing" is defined by KRS 260.850(9).

(35) "Program" means the department's Hemp Licensing Program.

(36) "Propagule" means a plant or plant part that can be utilized to grow a new plant.

(37) "Publicly marketable hemp product" means a hemp product that meets one (1) or more of the following descriptions:

(a) The product:

Does not include any living hemp plants, viable seeds, leaf materials, floral materials, or delta-9-THC content above zero and three-tenths (0.3) percent; and
Does include, without limitation, the following products: bare stalks, bast fiber, hurd fiber, nonviable roots, nonviable seeds, seed oils, and plant extracts (excluding products containing delta-9-THC above zero and three-tenths (0.3) percent);

(b) The product is CBD that was derived from "hemp", as defined by subsection (17) of this section; or

(38) "Secondary pre-harvest sample" means a pre-harvest sample that is taken:

(a) In a given lot after the first pre-harvest sample is taken; and

(b) On a different day than the initial pre-harvest sample.

(39) "Signing authority" means an officer or agent of the organization with written authorization to commit the legal entity to a binding agreement.

(40) "Strain" means a group of hemp with presumed common ancestry and identified physiological distinctions. A strain does not meet the uniformity, stability, or distinction requirements to be considered a variety.

(41) "University" means an accredited institution of higher learning located in the Commonwealth.

(42) "Variety" means a subdivision of a species that is:

(a) Uniform, in that the variations in essential and distinctive characteristics are describable;

(b) Stable, in that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity if reproduced or reconstituted as required by the different categories of varieties; and

(c) Distinct, in that the variety can be differentiated by one (1) or more identifiable morphological, physiological, other characteristics from all other publically known varieties, or other characteristics from all other publicly known varieties.

(43) "Variety of concern" means any variety of hemp that tests above 0.3000 percent delta9-THC in one (1) or more pre-harvest samples. A hemp variety designated as a "variety of concern" could be subject to restrictions and additional testing.

(44) "Volunteer cannabis plant" means any cannabis plant that:

(a) Grows of its own accord from seeds or roots in the years following an intentionally planted cannabis crop; and

(b) Is not intentionally planted.

Section 2. Grower License Application.

(1) Any person who wishes to grow hemp at any location in the Commonwealth shall submit to the department a completed Hemp Grower License Application, or annual license renewal, incorporated by reference as part of the Hemp Grower Licensing Application Packet in 302 KAR 50:080.

(2) Existing grower license holders shall annually complete the department's requirements for license renewal by March 15.

(3) A person who does not hold a license from the department shall not:

(a) Grow, cultivate, handle, or process; or

(b) Broker, store, or market hemp or other cannabis that does not fall within the definition of a "publicly marketable hemp product" at any location within the Commonwealth.

(4) A person under the age of eighteen (18) years of age shall not apply for or hold a grower license.

(5) Completed Hemp Grower License Applications shall be received by the department by the end of the application period established in the application.

(6) Completed Hemp Grower License Application forms shall be delivered to KDA Hemp Licensing Program, 111 Corporate Drive, Frankfort, Kentucky 40601.

(7) The department shall deny any Hemp Grower License Application that fails to meet the deadline established in the application.

(8) Each applicant shall pay a grower application fee in the amount established in 302 KAR 50:060.

(9) Application fees shall not cover or include the cost of the criminal background checks required by KRS 260.862(2)(d) and Section 3 of this administrative regulation. Applicants and license holders shall pay criminal background check fees.

(10) The department shall deny any Hemp Grower License Application that is received without the application fee established in 302 KAR 50:060.

(11) With the Hemp Grower License Application form, the applicant shall submit, at a minimum:

(a) If the applicant is an individual, the individual's full name, residential address, telephone number, and email address (if available);

(b) If the applicant is a business entity:

the entity's name, Employer Identification Number, business location address in Kentucky, and principal business location;
for the individual who will have signing authority on the entity's behalf, his or her full name, title within the entity, business address, telephone number, and email address (if available); and
for each key participant, his or her full name, title within the entity, business address, telephone number, and email address (if available);

(d) Street address, location ID, and GPS coordinates for each field, greenhouse, building, or site where hemp will be grown, handled, or stored;

(e) Maps depicting each site where hemp will be grown, handled, or stored, with appropriate designations for field boundaries, and Location IDs corresponding to the GPS coordinates; and

(f) Agreement to all terms and conditions established in the hemp grower application.

(12) Any Grower License Application that is missing required information shall be subject to denial.

(13) The terms and conditions established in the hemp grower application shall include for a licensed grower, at a minimum:

(a) Acknowledgement that licensed growers shall comply with all requirements established in 302 KAR Chapter 50;

(b) Agreement to pay a licensing fee in the amount established in 302 KAR 50:060;

(c) Acknowledgement that licensed growers shall comply with instructions from representatives of the department and law enforcement agencies;

(d) A consent to entry onto, and inspection of, all premises where hemp or other cannabis plants or materials are located or licensed to be located, by representatives of the department and law enforcement agencies, with or without cause and with or without advance notice;

(e) A consent to forfeiture and destruction, without compensation, of:

Material found to have a measured delta-9-THC content in excess of zero and three-tenths (0.3) percent on a dry weight basis;
Plants located in an area that is not licensed by the department; and
Plants not accounted for in required reporting to the department;

(f) Agreement to apply for licensing of all growing, handling, and storage locations, including GPS coordinates, and receive department approval for those locations prior to having hemp on those premises;

(g) Acknowledgement that licensed growers shall:

Submit a Site Modification Request, incorporated by reference in 302 KAR 50:080;
Submit the appropriate fees based on the requested changes; and
Obtain prior written approval from a representative of the department before implementing any change to the licensed sites stated in the hemp grower license and an acknowledgement that growing site changes shall be subject to a site modification surcharge in the amount established in 302 KAR 50:060 for a new set of GPS coordinates;

(h) Acknowledgement that anyone applying pesticides to hemp shall hold a pesticide license and apply pesticides in accordance with Section 16 of this administrative regulation;

(i) Acknowledgement that the risk of financial or other loss shall be borne solely by the licensed grower;

(j) Acknowledgement that licensed growers shall comply with restrictions established by the department limiting the movement of hemp plants and plant parts;

(k) Agreement that any time hemp is in transit, a copy of the hemp grower license shall be available for inspection upon the request of a representative of the department or a law enforcement agency;

(l) Agreement that, upon request from a representative of the department or a law enforcement agency, a licensed grower shall immediately produce a copy of his or her hemp grower license for inspection;

(m) Agreement to submit Field Planting Reports and Harvest Reports incorporated by reference in 302 KAR 50:080, and other reports required by the department to which the grower has agreed, on or before the deadlines established in this administrative regulation;

(n) Agreement to scout and monitor unlicensed fields for volunteer cannabis plants and to destroy those volunteer cannabis plants for three (3) years past the last date of planting reported to the department;

(o) Agreement not to employ or rent land to cultivate hemp from any person whose hemp license was terminated or who was denied admission to the Hemp Licensing Program for:

Failure to obtain an acceptable criminal background check;
Failure to comply with an order from a representative of the department; or
Both; and

(p) Agreement to abide by all land use restrictions for licensed growers established in Section 5 of this administrative regulation.

Section 3. Criminal Background Check.

(1) Each licensed grower, applicant, or key participant within an entity that is a grower or applicant, shall undergo and pay for an annual criminal background check from the Department of Kentucky State Police as required by KRS 260.862(2)(d).

(2) A licensed grower, applicant, or key participant within an entity that is a grower or applicant, shall, following completion of the background check, ensure delivery of the report to the department with the licensing application or renewal.

(3) The department shall not accept a report from a criminal background check that occurred more than sixty (60) days prior to the date of the application.

(4) Failure to submit the background check with the application shall be grounds for license denial.

(5) Substitution of a signing authority shall require approval from the department and the submission of a current criminal background check on the substitute signing authority.

Section 4. Application for Hemp Grower License; Criteria and Procedure for Evaluation.

(1) The department shall apply the criteria established in paragraphs (a) through (m) of this subsection in evaluating an application for the grower license.

(a) In accordance with Section 2 of this administrative regulation, the applicant shall submit a complete application with all required components and attachments.

(b) For an applicant who has been a Hemp Licensing Program participant previously, the applicant shall comply with the responsibility to submit:

Field Planting Report and Greenhouse/Indoor Planting Report, incorporated by reference in 302 KAR 50:080;
Harvest Report, incorporated by reference in 302 KAR 50:080;
Any other reports deemed necessary by the department to which the applicant has agreed.

(d) The applicant's primary residence shall be located in Commonwealth of Kentucky or within fifty (50) miles of at least one (1) of the applicant's Kentucky growing sites.

(e) The applicant shall affirm that the applicant resides at the primary residence listed on the Grower License Application form from May 1 to September 30.

(f) The criminal background check report indicates that, within ten (10) years from the date when the background check was issued, the applicant shall not have:

A felony conviction; or
A drug-related misdemeanor conviction or violation.

(g) A person who has been convicted of any felony or any drug-related misdemeanor or violation in the previous ten (10) years from the date of application shall not be eligible to obtain a license.

A person who was growing hemp lawfully with a license, registration, or authorization under a pilot program authorized by Section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940) shall be eligible to obtain a license.
A person who was lawfully growing hemp before December 20, 2018 and was convicted prior to December 20, 2018 shall be eligible to obtain a license.

(h) Including those times when the applicant was not a participant in the department's Hemp Licensing Program, the applicant shall have demonstrated a willingness to comply with the department's rules, instructions from department staff, and instructions from representatives of Kentucky State Police and other law enforcement agencies.

(i) The applicant shall not be delinquent in making any required reports or payments to the department in connection with the applicant's participation in the Hemp Licensing Program or other programs within the department.

(j) The applicant shall not have any unpaid fees, fines, or civil penalties owed to the department.

(k) The applicant shall not have and shall not make any false statements or representations to a representative of the department or a law enforcement agency. Any person who materially falsifies any information contained in an application shall be ineligible to obtain a license from the department.

(l) The applicant's proposed growing sites shall comply with the land use restrictions established in Section 5 of this administrative regulation. Denial of all proposed growing sites shall constitute grounds for denial of the application.

(m) The applicant shall not have had a hemp license revoked within five (5) years previous to the date of this application.

(2) The department shall conditionally approve an application for a hemp grower license if the application complies with this administrative regulation.

(3) The department shall notify applicants by letter or email whether the application has been denied or conditionally approved. A person shall not be a participant in the Hemp Licensing Program until the applicant has received a hemp grower license from the department.

(4) Applicants shall pay licensing fees prior to receiving a hemp grower license.

(5) Applicants shall complete a mandatory orientation session at a location designated by the department. The department shall not allow any person to complete orientation in lieu of the applicant.

(6) After the date of issuance for a license, the applicant shall no longer be conditionally approved. The applicant shall be fully approved as a participant in the Hemp Licensing Program.

Section 5. Land Use Restrictions for Licensed Growers.

(1) A licensed grower shall not plant or grow any cannabis that is not hemp.

(2) A licensed grower shall not plant or grow hemp or other cannabis on any site not licensed.

(3) A licensed grower shall not grow hemp or other cannabis in or within 100 feet of any structure that is used for residential purposes without first obtaining written permission from the department.

(4) A licensed grower shall not handle or store leaf or floral material from hemp or other cannabis in or adjacent to any structure that is used for residential purposes.

(5) Hemp shall be physically segregated from other crops unless prior approval is obtained in writing from the department.

(6) A licensed grower shall plant a minimum of 1,000 plants in each growing site unless prior approval is received in writing from the department.

(7) A licensed grower shall plant a minimum of one-quarter (0.25) acre in each outdoor growing site unless prior approval is received in writing from the department.

(8) Except as established in subsection (9) of this section, a licensed grower shall not grow hemp or other cannabis in any outdoor field that is located within 1,000 feet of a school or a public recreational area.

(9) Notwithstanding the prohibition in subsection (8) of this section, hemp may be grown within 1,000 feet of a school, if:

(a) The applicant has been designated by a school district superintendent;

(b) The applicant is a vocational agriculture instructor, agriculture teacher, or other qualified person who is employed by a school district; and

(10) An applicant or licensed grower shall not include any property on his or her application or Site Modification Request, incorporated by reference in 302 KAR 50:080, to grow, cultivate, or store hemp that is not owned or completely controlled by the applicant or licensed grower, as evidenced by a written lease or other document that shall be provided to the department upon request.

(11) A licensed grower shall not grow, handle, or store hemp or other cannabis on property owned by, leased from, or previously submitted in a license application by any person who is ineligible or whose hemp license was terminated, or who was denied admission to the Hemp Licensing Program for:

(a) Failure to obtain an acceptable criminal background check;

(b) Failure to comply with an order from a representative of the department; or

(12) Licensed growers shall post signage at each greenhouse, indoor growing location, storage building, and lot of one (1) acre or less. The signage shall include the:

(a) Agency title, "Kentucky Department of Agriculture Hemp Licensing Program";

(b) License holder's name;

(d) Department's telephone number.

Section 6. Administrative Appeal from Denial of Application.

(1) An applicant wishing to appeal the department's denial or partial denial of an application shall submit a written request for a hearing postmarked within fifteen (15) days of the date of the department's notification letter or email.

(2) An appealing applicant shall mail a hearing request letter to KDA Hemp Licensing Program, 111 Corporate Drive, Frankfort, Kentucky 40601.

(3) Appeals shall be heard by a three (3) person administrative panel whose members shall be designated by the commissioner. The panel shall include at least one (1) person who is a department employee and at least one (1) person who is not a department employee and not involved or invested in any hemp projects in Kentucky.

(4) The members of the administrative panel shall not be required to accept or consider information or documents that were not compliant with application deadlines established in this administrative regulation.

(5) The members of the administrative panel shall apply the same standards established in this administrative regulation to determine if the department's action in denying the application was arbitrary or capricious.

(6) Hearings on appeals shall be open to the public and occur at a time and date and location designated by the commissioner.

(7) An appealing applicant shall appear in person at the assigned hearing time. Failure to appear on time shall constitute grounds for dismissal of the appeal.

(8) The three (3) members of the administrative panel shall rule on the appeal by a majority vote.

Section 7. Hemp Grower Licenses.

(1) An applicant shall not be a participant in the Hemp Licensing Program until the department has issued a hemp grower license following the applicant's completion of the department's mandatory orientation session and payment of licensing fees.

(2) The grower license application shall establish the terms and conditions, pursuant to KRS Chapter 260 and 302 KAR Chapter 50, governing participation in the Hemp Licensing Program.

(3) Failure to agree or comply with terms and conditions established in the hemp grower license application or this administrative regulation shall constitute grounds for appropriate departmental action, up to and including termination of the grower license and expulsion from the Hemp Licensing Program.

(4) A Hemp Grower License shall remain in force as long as the license holder meets annual renewal requirements by March 15 of each year.

(5) A Hemp Grower License may be terminated by the license holder or the department upon thirty (30) days prior written notice.

(6) A Hemp Grower License authorizes the license holder to grow hemp; handle his or her own hemp, including drying, grinding, separating foliage from stem, storing, and packaging; and market his or her own hemp. A Hemp Grower License shall not authorize the grower to process hemp, handle other person's hemp, or market another person's hemp.

(7) The department shall issue grower's license numbers in accordance with this format: "21_0001" through "21_9999."

Section 8. Licensing Fees; Secondary Pre-Harvest Sample Fees.

(1) Licensing fee.

(a) The conditionally approved applicant or license holder shall pay a licensing fee prior to the issuance of a new license or an annual license renewal.

(b) The licensing fee for each growing address shall be in the amount established in 302 KAR 50:060.

(2) Secondary Pre-Harvest Sample fee.

(a) If a licensed grower fails to complete the harvest within thirty (30) days after the department collects the pre-harvest sample, the licensed grower shall submit a new Harvest Report and may be required to pay a secondary pre-harvest sample fee.

(b) If four (4) or more samples are taken from the same address, then the licensed grower shall be required to pay a secondary pre-harvest sample fee for each sample taken from that address in excess of three (3) samples.

(c) The secondary Pre-Harvest sample fee shall be paid to the department within fifteen (15) days of invoice by the department. The secondary pre-harvest sample fee shall be as established in 302 KAR 50:060.

(d) The licensed grower shall not harvest the remaining crop until the department collects a secondary pre-harvest sample if one is required as established in paragraph (a) or (b) of this subsection.

Section 9. Site Modifications and Site Modification Surcharge Fees.

(1) A licensed grower who elects to grow hemp in a new growing location or store or handle at a site other than the sites specified by the GPS coordinates listed on the hemp grower license, shall submit a Site Modification Request, incorporated by reference in 302 KAR 50:080, and obtain written approval from a representative of the department, prior to planting or storing at the proposed location.

(2) Any request for a new growing location shall comply with the land use restrictions established in Section 5 of this administrative regulation.

(3) The department shall charge a site modification surcharge fee for each new Location ID, (specifically, a GPS coordinate for each new individual field or greenhouse or indoor structure) where hemp will be grown. The amount of the site modification surcharge fee shall be as established in 302 KAR 50:060.

(4) The department shall not approve a site modification request for a new growing location until the department has received the site modification surcharge fee.

(5) The department shall not assess a site modification surcharge for changes to storage only locations.

Section 10. Seed and Propagule Acquisition.

(1) A license holder intending to acquire seeds or propagules first shall determine whether or not the variety or strain intended for purchase is listed on the department's current Summary of Varieties List, which is posted on the department's Web site.

(a) If the variety or strain is listed on the Summary of Varieties List, no pre-approval from the department shall be required.

(b) If the variety or strain is not listed on the Summary of Varieties List, the license holder shall submit a New Hemp Variety or Strain Request Form along with a certificate of analysis for that strain or variety, showing that mature plants grown from that seed variety or strain have a floral material delta-9-THC (measured post-decarboxylation, also referred to as total THC) content of not more than 0.300% on a dry weight basis from an independent third-party laboratory.

(2) A license holder who develops a new hemp variety or strain shall submit the New Hemp Variety or Strain Request form, prior to its use in crop production.

(3) The department shall not approve a New Hemp Variety or Strain Request unless the licensed grower affirms in writing that the requested seed acquisition plan does not infringe on the intellectual property rights of any person and that the seed or propagule source is a current legal hemp operation.

(4) The department shall not approve a New Hemp Variety or Strain Request if a representative of the department has information supporting a belief that the variety or strain will produce plants with delta-9-THC (measured post-decarboxylation, also referred to as total THC) content of more than 0.300% on a dry weight basis.

(5) A license holder shall not buy, sell, possess, or transfer seeds or propagules of any variety or strain designated as a Prohibited Variety on the department's published Summary of Varieties list.

(6) Upon request from a representative of the department, a licensed grower or licensed processor shall provide a distribution list showing locations where and to whom the hemp seeds or propagules were distributed.

(7) Any person engaging in the distribution of hemp seeds shall adhere to the applicable Kentucky seed laws (KRS 250.010 through 250.990) and administrative regulations (12 KAR 1:116 through 1:175).

(8) Any person who intends to move transplants or other living plants from a location in Kentucky to a location outside Kentucky shall obtain a Class A Nursery License from the Kentucky Office of the State Entomologist.

Section 11. Seeds of Wild, Landrace, or Unknown Origin.

(1) A person shall not acquire or grow hemp or cannabis seeds or propagules of wild, landrace, or unknown origin without first obtaining written approval from a representative of the department.

(2) The department shall not allow hemp or cannabis seeds or propagules of wild, landrace, or unknown origin to be planted, cultivated, or replicated by any person without the department first arranging for replication and THC testing of mature plants grown from the seeds or propagules by the department or its designee.

(3) Any licensed grower or licensed processor found to have saved seed, propagules, or cuttings, or cultivated seeds, propagules, or cuttings from a cannabis plant of wild, landrace, or unknown origin, without advance written permission from the department shall be subject to suspension or revocation of his or her license and forfeiture without compensation of his or her materials.

Section 12. Planting Reports to USDA's Farm Service Agency (FSA).

(1) Prior to the submission of Planting Reports, a licensed grower shall report hemp crop acreage to USDA's Farm Service Agency (FSA) including, at a minimum, the:

(a) Street address and, to the extent practicable, geospatial location for each lot or greenhouse where hemp will be produced;

(b) Location as identified by the FSA Office: farm serial number, tract number, field number, and sub-field number;

(c) Acreage (or square footage, in the case of a greenhouse or other indoor growing facility) dedicated to the growing of each variety or strain of hemp;

(d) Grower's name and license number; and

(e) The farm serial number, tract number, field number, and sub-field number provided by FSA for each lot as recorded by the license holder and subsequently submitted on all hemp planting and harvest reports to the department.

(2) The department shall collect and retain, for a period of at least three (3) calendar years, location ID information for every site or location where the department has approved hemp to be grown.

Section 13. Planting Reports for Outdoor Plantings.

(1) A licensed grower shall submit to the department a complete and current Field Planting Report, within fifteen (15) days after every planting, including complete replanting, of seeds or propagules in an outdoor location.

(2) Each Field Planting Report shall identify the:

(a) Correct variety or strain name;

(b) Address and Field location ID as listed on the hemp grower's license;

(c) Farm serial number, tract number, field number, and sub-field number (lot number) provided by the USDA FSA Office; and

(d) Amount planted and the primary intended use of the harvest.

(3) A licensed grower who does not plant hemp in an approved outdoor site listed in the hemp grower license shall submit a Field Planting Report, on or before July 31, stating that hemp has not been planted and will not be planted at that site.

Section 14. Planting Reports for Indoor Plantings.

(1) A licensed grower shall submit to the department a complete and current Greenhouse/Indoor Planting Report within fifteen (15) days after establishing plants at an indoor location.

(2) Each Greenhouse/Indoor Planting Report shall identify the:

(a) Correct variety or strain name;

(b) Address and Greenhouse or indoor growing location ID as listed in the hemp grower license;

(c) Farm serial number, tract number, field number, and sub-field number (lot number) provided by the USDA FSA Office; and

(d) Amount planted and the primary intended use of the harvest or of the hemp plants.

(3) In addition to the initial Greenhouse/Indoor Planting Report, a licensed grower with an approved greenhouse or indoor growing site shall submit quarterly reports, which are incorporated by reference in 302 KAR 50:080, for each location ID to the department. Greenhouse/Indoor Planting Reports shall be due no later than March 31, June 30, September 30, and December 31.

Section 15. Site Access for Representatives of the Department and Law Enforcement Agencies.

(1) The department shall provide information about approved growing, handling, and storage site locations to representatives of the Kentucky State Police, USDA, DEA, and other law enforcement agencies whose representatives request licensed site information, including GPS coordinates.

(2) Licensed growers shall have no reasonable expectation of privacy with respect to premises where hemp or other cannabis seeds, plants, or materials are located, and any premises listed in the hemp grower license.

(3) A licensed grower, whether present or not, shall permit a representative of the department or a law enforcement agency to enter into premises where hemp or other cannabis seeds, plants, or materials are located, and any premises listed in the hemp grower's license, with or without cause and with or without advanced notice.

Section 16. Pesticide Use.

(1) A licensed grower who uses a pesticide on hemp shall first be certified to apply pesticides by the department pursuant to KRS Chapter 217B.

(2) A licensed grower who is certified to apply pesticides by the department pursuant to KRS Chapter 217B shall not use, or be eligible to use, a Category 10 license to apply pesticides to hemp in violation of the product label.

(3) A licensed grower shall not use any pesticide in violation of the product label.

(4) A licensed grower who uses a pesticide on a site where hemp will be planted shall comply with the longest of any planting restriction interval on the product label prior to planting the hemp.

(5) The department may perform pesticide testing on a random basis or if representatives of the department have reason to believe that a pesticide may have been applied to hemp in violation of the product label.

(6) Hemp seeds, plants, and materials bearing pesticide residue in violation of the label shall be subject to forfeiture or destruction without compensation.

Section 17. Responsibility of a Licensed Grower Regarding Harvest of Hemp Lots .

(1) The department may inspect a Licensed Grower's premise or collect samples of any hemp or other cannabis material, at any time.

(2) The grower shall not harvest hemp plants from a lot without the department first collecting samples from that lot.

(3) At least fifteen (15) days prior to the anticipated harvest of hemp plants, the grower shall submit to the department a completed and current Harvest Report form identifying the intended date of harvest (or date of destruction, in the case of a failed crop).

(4) The department's receipt of a Harvest Report shall trigger a sample collection by a properly trained representative of the department in accordance with the procedures established in 302 KAR 50:056.

(5) During the department's scheduled sample collection, the grower or an authorized representative of the grower shall be present at the growing site.

(6) Representatives of the department shall be provided with complete and unrestricted access to all hemp and other cannabis plants, whether growing or harvested, and all land, buildings, and other structures used for the cultivation, handling, and storage of all hemp and other cannabis plants, and all locations listed in the hemp grower's license.

(7) The licensed grower shall harvest the crop not more than thirty (30) days following the date of sample collection by the department.

(8) If the licensed grower fails to complete a harvest within thirty (30) days following the date of sample collection, then the licensed grower shall submit a new Harvest Report and may be required to pay a secondary pre-harvest sample fee in the amount established in 302 KAR 50:060.

(9) Floral materials shall not be moved outside the Commonwealth, nor moved beyond a processor, nor commingled, nor extracted, until the department releases the material in writing.

(10) Harvested materials from one (1) lot shall not be commingled with other harvested lots without prior written permission from the department.

(11) A licensed grower who fails to submit a Harvest Report shall be subject to revocation of his or her license.

(12) A licensed grower who proceeds to harvest a crop without first obtaining authorization from the department shall be subject to revocation of his or her license.

(13) The department shall conduct inspections of some licensed growers on a randomly selected basis.

Section 18. Collection of Samples; THC Testing; Post-Testing Actions.

(1) The department shall collect hemp samples for THC testing in accordance with the procedures established in 302 KAR 50:056.

(2) The designated laboratory shall receive, prepare, and release hemp samples in accordance with the procedures established in 302 KAR 50:056.

(3) The designated laboratory shall measure delta-9-THC concentration of each hemp sample (postdecarboxylation, often referred to as total THC) in accordance with the procedures established in 302 KAR 50:056.

(4) The department shall undertake post-testing actions in accordance with the procedures established in 302 KAR 50:056.

(5) All samples shall become the property of the department and shall not be returnable. Compensation shall not be owed by the department.

(6) If the designated laboratory is not able to provide THC testing services required by the department, the department may identify and contract with a third party lab to perform THC testing services.

(7) The department may collect samples of hemp or other cannabis material at any time.

Section 19. Restrictions on Sale or Transfer.

(1) A licensed grower shall not sell or transfer, or allow the sale or transfer, of living plants, viable seeds, leaf material, or floral material to any person in the Commonwealth who does not hold a license issued by the department.

(2) A licensed grower shall not sell or transfer, or allow the sale or transfer, of living plants, viable seeds, leaf material, or floral material to any person outside the Commonwealth who is not authorized to possess such materials under the laws of that jurisdiction.

(3) The department shall allow the sale or transfer of stripped stalks, fiber, dried roots, nonviable seeds, seed oils, floral and plant extracts (excluding THC in excess of zero and three-tenths (0.3) percent) and other marketable hemp products to members of the general public, both within and outside the Commonwealth, if the marketable hemp product's decarboxylated delta-9-THC level is not more than zero and three-tenths (0.3) percent.

(4) A licensed grower selling or transferring, or permitting the sale or transfer, of floral or plant extracts (including CBD), shall retain testing data or results for at least three (3) years demonstrating that the extract's delta-9-THC level is not more than zero and three-tenths (0.3) percent.

(5) A licensed grower shall not sell or transfer floral extracts containing a decarboxylated delta-9-THC concentration in excess of zero and three-tenths (0.3) percent.

(6) Licensed growers shall comply with the federal Food Drug and Cosmetic Act, 21 U.S.C. Chapter 9, and all other applicable local, state, and federal laws and regulations relating to product development, product manufacturing, consumer safety, and public health.

(7) A licensed grower shall not knowingly permit hemp to be sold to or used by any person in the Commonwealth, who is involved in the manufacture of an item named on the prohibited products list established in 302 KAR 50:070.

(8) A person shall not ship, transport, or allow to be shipped or transported, any hemp product with a decarboxylated delta-9-THC concentration in excess of zero and three-tenths (0.3) percent.

Section 20. Other Prohibited Activities.

(1) A licensed grower shall not allow another person, other than an agent of the licensed grower, to grow, handle, or store hemp under their license in lieu of obtaining a separate hemp grower license.

(2) A license holder shall not make, manufacture, or distribute in the Commonwealth any of the prohibited products listed in 302 KAR 50:070.

Section 21. Information Submitted to the Department Subject to Open Records Act, KRS 61.870 Through 61.844.

(1) Except as established in subsection (2) of this section, information and documents generated or obtained by the department shall be subject to disclosure pursuant to the Kentucky Open Records Act, KRS 61.870 through 61.884.

(2) Personally identifiable information including physical address, mailing address, driver's license numbers, background checks, GPS coordinates, telephone numbers, and email addresses shall be shielded from disclosure to the maximum extent permitted by law, except that the department shall provide this information to law enforcement agencies and other regulatory agencies upon request.

Section 22. Violations Requiring Temporary License Suspension Procedures.

(1) The department shall notify a licensed grower in writing that the Hemp Grower License has been temporarily suspended if a representative of the department receives information supporting an allegation that a licensed grower has:

(a) Plead guilty to, or is convicted of, any felony or drug-related misdemeanor or violation, in accordance with KRS 260.864;

(b) Engaged in conduct violating a provision of KRS 260.850 through 260.869, 302 KAR Chapter 50, or the hemp grower license with a culpable mental state greater than negligence;

(c) Made a false statement to a representative of the department or a law enforcement agency with a culpable mental state greater than negligence;

(d) Been found to be growing or in possession of cannabis with a measured delta-9-THC concentration above zero and three-tenths (0.3) percent with a culpable mental state greater than negligence;

(e) Failed to comply with an order from a representative of the department or a law enforcement agency with a culpable mental state greater than negligence; or

(f) Been found to be growing or in possession of cannabis plant material with a measured THC concentration of 3.000% or greater.

(2) The department shall schedule a license revocation hearing for a date as soon as practicable after the notification of temporary suspension, but not later than sixty (60) days following the notification of temporary suspension.

(3) A person whose Hemp Grower License has been temporarily suspended shall not harvest, process, or remove cannabis from the premises where hemp or other cannabis was located at the time the department issued its notice of temporary suspension, except as authorized in writing by a representative of the department.

(4) As soon as possible after the notification of temporary suspension, a representative of the department shall inspect the licensed grower's premises and perform an inventory of all cannabis, hemp, and hemp products that are in the licensed grower's possession.

Section 23. License Revocation Hearings and Consequences of Revocation.

(1) The department shall notify a person whose Hemp Grower License has been temporarily suspended of the date the person's license revocation hearing will occur at a time and place designated by the commissioner.

(2) License revocation hearings shall be adjudicated by a three (3) person administrative panel in accordance with KRS 260.864.

(3) License revocation hearings shall be open to the public.

(4) A person whose Hemp Grower License has been temporarily suspended shall appear in person at the assigned hearing time. Barring unexpected events, such as inclement weather, failure to appear on time shall constitute a waiver of the person's right to present information and arguments against revoking the hemp grower license.

(5) A representative of the department shall have an opportunity to present information and arguments for revoking the hemp grower license.

(6) A person whose hemp grower license has been temporarily suspended shall be allowed an opportunity to present information and arguments against revoking the hemp grower license.

(7) The three (3) members of the administrative panel shall rule on the question of revocation by a majority vote.

(8) If a majority of the three (3) members of the administrative panel find that it is more likely than not that a licensed grower has committed any of the acts listed in subsection (1) of this section, then the hemp grower license shall be revoked effective immediately.

(9) If a majority of the members of the administrative panel vote against revoking the hemp grower license, the department shall lift the temporary suspension within twenty-four (24) hours of the vote.

(10) If a majority of the members of the administrative panel vote in favor of revoking the hemp grower license, then a representative of the department or a law enforcement agency shall have authority to destroy or confiscate all cannabis, hemp, and hemp products that are in the person's possession.

(11) A person whose property is destroyed or confiscated by a representative of the department or a law enforcement agency shall be owed no compensation or indemnity for the value of the cannabis, hemp, or hemp products that were destroyed or confiscated.

(12) The department shall immediately report any person whose license has been revoked on the grounds that he or she violated a provision of KRS 260.850 through 260.869, 302 KAR Chapter 50, or violated the grower license with a culpable mental state greater than negligence, to an appropriate law enforcement agency.

(13) A person whose grower license has been revoked shall not be eligible for licensure for a period of five (5) years from the date of the most recent violation.

Section 24. Monetary Civil Penalties.

(1) If a representative of the department receives information supporting a finding that it is more likely than not that a person has engaged in conduct violating a provision of KRS 260.850 through 260.869, 302 KAR Chapter 50, or the hemp grower license application, then the department shall assess a monetary civil penalty not to exceed $2,500 per violation.

(2) A person wishing to appeal the department's assessment of a monetary civil penalty shall submit a written request for a hearing within fifteen (15) days of the notification date.

(3) A person wishing to appeal the department's assessment of a monetary civil penalty shall mail a hearing request letter to KDA Hemp Licensing Program, 111 Corporate Drive, Frankfort, Kentucky 40601.

(4) Appeals shall be heard by a three (3) person administrative panel whose members shall be designated by the commissioner. The administrative panel shall include at least one (1) person who is a department employee and at least one (1) person who is not a department employee and not involved or invested in any Kentucky hemp projects.

(5) The members of the administrative panel shall determine if the department's action in assessing the monetary civil penalty was arbitrary or capricious.

(6) Hearings on the appeal shall be open to the public and occur at a time, date, and location designated by the commissioner.

(7) An appealing person shall appear in person at the assigned hearing time. Barring unexpected events, such as inclement weather, failure to appear on time shall constitute grounds for dismissal of the appeal.

(8) An appealing person shall be allowed an opportunity to present arguments for reversing the assessed monetary civil penalty.

(9) A representative of the department shall have an opportunity to present arguments for affirming the assessed monetary civil penalty.

(10) The three (3) members of the administrative panel shall rule on the appeal by a majority vote.

(11) A majority of the three (3) members of the administrative panel may affirm the assessed monetary civil penalty, affirm and increase or decrease the assessed monetary civil penalty or reverse the assessed monetary civil penalty.

(12) The department shall have the authority to pursue unpaid monetary civil penalties by filing a civil cause of action in the Franklin Circuit Court.

Section 25. Licensing for Representatives of Universities and Colleges.

(1) Except as established in this section, faculty members, administrators, and staff members of an institution of higher education shall be subject to all requirements of this administrative regulation.

(2) An institution of higher education shall not allow its faculty, administration or staff members, or any sponsored student to be in possession of, or conduct academic research involving, living hemp plants, leaf material, floral material, or viable seeds of hemp without first completing and submitting a Hemp License Application.

(3) An authorized faculty, administrator, or staff member of an eligible institution of higher education who wishes to be in possession of, or conduct an academic research project involving living hemp plants, leaf material, floral material, or viable seeds of hemp shall complete and submit a Hemp License Application.

(4) If a university applicant's research plan includes growing hemp, then a Hemp Grower License shall be issued by the department.

(5) If a university applicant's research plan does not include growing hemp, then a Hemp Processor/Handler License shall be issued by the department. An authorized faculty, administrator, or staff member of an eligible institution of higher education who wishes to be in possession of, or conduct an academic research project involving, leaf material or floral material from hemp shall complete and submit a Processor/Handler License Application.

(6) The department shall accept applications from an authorized faculty, administrator, or staff member of an eligible institution of higher education at any time of the year.

(7) The department shall not collect fees for licenses issued to a faculty member, administrator, or staff member of an institution of higher education if the project is for research only and not intended for commerce.

(8) Sampling and testing of hemp grown under the authority of this section shall be conducted by the department if the harvested material is intended for commerce.

(9) An eligible institution of higher education shall:

(a) Be accredited by, and in good standing with, a regional or national higher education accreditation agency;

(b) Confer academic degrees at the associate, bachelor, master, or doctoral level; and

(10) Universities and Colleges growing hemp for research purposes shall ensure the disposal of all noncompliant plants.

(11) Universities and Colleges growing hemp for research purposes shall also comply with the reporting requirements including reporting disposal of noncompliant plants.

(12) Universities and Colleges that handle cannabis varieties with known THC concentrations above the level acceptable for hemp shall follow the Controlled Substance Act requirements for handling marijuana.

Section 26. Record Keeping Requirements; Three (3) Year Retention Period.

(1) For at least three (3) years, license holders shall maintain and make available for inspection by the department during reasonable business hours, records regarding:

(a) Acquisition of hemp plants;

(b) Production and handling of hemp plants;

(d) Disposal of all cannabis plants that do not meet the definition for "hemp".

(2) The department shall have access to any premises where hemp plants could be held during reasonable business hours.

(3) All reports and records required to be submitted to the department as part of participation in the program in this part, which include confidential data or business information, such as information constituting a trade secret or disclosing a trade position, financial condition, or business operations of the particular licensee or their customers, shall be received by, and at all times kept in the custody and control of, one (1) or more employees of the department or their representatives. Confidential data or business information may be shared with applicable federal, state, or local law enforcement agencies or their designees in compliance with applicable law.

Section 27. Corrective Action Plans for Negligent Violations.

(1) If the department determines that a grower committed a negligent violation of any provision within KRS Chapter 260.850 to 260.869 or 302 KAR Chapter 50, or 7 C.F.R. 990.6(b) then the department shall devise and implement a corrective action plan for the grower.

(2) Examples of negligent violations shall include, for example:

(a) Failure to license land where hemp is grown;

(b) Failure to obtain a license; and

(3) Corrective action plans shall remain in place for at least two (2) years and include, at a minimum:

(a) The date by which the grower shall correct each negligent violation;

(b) Steps to correct each negligent violation; and

(4) A grower who commits a negligent violation shall not, as a result of that violation, be subject to any criminal enforcement action by any government.

(5) If a subsequent violation occurs while a corrective action plan is in place, a new corrective action plan shall be submitted with a heightened level of quality control, staff training, and quantifiable action measures.

(6) A grower who commits three (3) or more negligent violations within a five (5) year period shall have his or her license revoked and be ineligible to obtain a license for a period of five (5) years beginning on the date of the third violation. A violation that occurred prior to January 1, 2022 shall not count toward the three (3) violations referred to in this subsection.

(7) The department shall perform at least two (2) inspections to ensure the licensee's compliance with the corrective action plan.

Section 28. Mandatory Reports to Law Enforcement Agencies for Violations with a Culpable Mental State Greater than Negligence.

(1) In addition to being subject to the license suspension, license revocation, and monetary civil penalty procedures established in this administrative regulation and 302 KAR 50:031, a person who is found by the department to have violated any statute or administrative regulation governing that person's participation in the hemp program with a culpable mental state greater than negligence shall be subject to the reporting requirements established in this section.

(2) The department shall immediately report a person who is found by the department to have violated any statute or administrative regulation governing that person's participation in the hemp program with a culpable mental state greater than negligence to the:

(a) Attorney General of the United States;

(b) Commissioner of the Kentucky State Police; and

History

RELATES TO: KRS 61.870 - 61.844, Chapter 217B, 260.850-260.869, 7 U.S.C. 1639, 7 C.F.R. Part 990
STATUTORY AUTHORITY: KRS 260.862, 7 U.S.C. 1639
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.862(1) authorizes the department to promulgate administrative regulations for a Hemp Licensing Program in the Commonwealth of Kentucky. KRS 260.862(1)(a) authorizes the department to license persons who wish to participate in a Hemp Licensing Program by cultivating, handling, processing, or marketing hemp. This administrative regulation establishes procedures and requirements for licensing persons who wish to grow or cultivate hemp as a participant in the department's Hemp Licensing Program.
History: 47 Ky.R. 643, 1196; eff. 3-2-2021; 48 Ky.R. 1631, 2460; eff. 7-5-2022.

302 KAR 50:031 Procedures and policies for hemp processors and handlers {#sec-302-kar-50-031 omnilex-key=us-ky-regs-official--title-302--302 KAR 50:031}

Section 1. Definitions.

(1) "Agent" means a person who is employed by or working under contract for a license holder, and who does not have any ownership interest in the hemp.

(2) "Applicant" means a person who submits an application on his or her behalf or on behalf of a business entity to participate in the Hemp Licensing Program.

(3) "Brokering" means engaging or participating in the marketing of industrial hemp by acting as an intermediary or negotiator between prospective buyers and sellers

(4) "Cannabis":

(a) Means the plant that, depending on its THC concentration level, is defined as either "hemp" or "marijuana." Cannabis is a genus of flowering plants in the family Cannabaceae of which Cannabis sativa is a species, and Cannabis indica and Cannabis ruderalis or subspecies thereof. Cannabis includes all parts of the plant, whether growing or not, including its seeds, resin, compounds, salts, derivatives, and extracts; and

(b) Does not mean a "publicly marketable hemp product," as defined by subsection (31) of this section.

(5) "CBD" means cannabidiol.

(6) "Commissioner" is defined by KRS 260.850(1).

(7) "Commonwealth" means the Commonwealth of Kentucky.

(8) "Conviction":

(a) Means an adjudication or finding of guilt, including a plea of guilty or nolo contendere; and

(b) Does not mean a conviction subsequently overturned on appeal, pardoned, or expunged.

(10) "Culpable mental state greater than negligence" means to act intentionally, knowingly, willfully, or with criminal negligence.

(11) "Decarboxylation" means the completion of the chemical reaction that converts delta-9-THC-acid into delta-9-THC, the intoxicating component of cannabis. The decarboxylated value is also calculated using a conversion formula that sums delta-9-THC and eighty-seven and seven tenths (87.7) percent of delta-9-THC-acid.

(13) "Department" or "KDA" is defined by KRS 260.850(3).

(14) "GPS" means Global Positioning System.

(15) "Handling" is defined by KRS 260.850(4).

(16) "Hemp" or "industrial hemp" is defined by KRS 260.850(5).

(17) "Hemp Grower License" means a document issued by the department authorizing the person to grow, handle, and store hemp in the Commonwealth under the terms established in the document, KRS 260.850 through 260.863, and this administrative regulation.

(18) "Hemp Processor/Handler License" means a document issued by the department authorizing the person to process, handle, market, and store hemp in the Commonwealth under the terms established in the document, KRS 260.850 through 260.869, and this administrative regulation.

(19) "Hemp product" or "industrial hemp product" is defined by KRS 260.850(6).

(20) "Key participant":

(b) Does not mean facility managers or shift managers.

(21) "Law enforcement agency" means the Kentucky State Police, DEA, or other federal, state, or local law enforcement agency, or drug suppression unit.

(22) "Licensed grower" means a person authorized in the commonwealth by the department to grow, handle, store, and market hemp under the terms established in a hemp grower license, KRS 260.850 through 260.869, and 302 KAR 50:021.

(23) "Licensed processor" means a person in the Commonwealth authorized by the department to process, handle, store, and market hemp under the terms established in a hemp processor/handler license, KRS 260.850 through 260.869, and this administrative regulation.

(24) "Location ID" means the unique identifier established by the applicant for each unique set of GPS coordinates where hemp will be grown, handled, stored, or processed, which can include a field name or building name.

(25) "Negligence" means failure to exercise the level of care that a reasonably prudent person would exercise in complying with an administrative regulation, rule, or instruction.

(26) "Nonviable seed" means a seed that has been crushed, dehulled, or otherwise rendered to have a zero percent germination rate.

(27) "Person" means an individual or business entity.

(28) "Prohibited variety" means a variety or strain of cannabis excluded from the Kentucky Hemp Licensing Program.

(29) "Processing" is defined by KRS 260.850(9).

(30) "Program" means the department's Hemp Licensing Program.

(31) "Propagule" means a plant or plant part that can be utilized to grow a new plant.

(32) "Publicly marketable hemp product" means a hemp product that meets one (1) or more of the following descriptions:

(a) The product:

Does not include any living hemp plants, viable seeds, leaf materials, floral materials, or delta-9-THC content above zero and three-tenths (0.3) percent; and
Does include, without limitation, the following products: bare stalks, bast fiber, hurd fiber, nonviable roots, nonviable seeds, seed oils, and plant extracts (excluding products containing delta-9-THC above zero and three-tenths (0.3) percent);

(b) The product is CBD that was derived from "hemp", as defined by subsection (16) of this section; or

(33) "Signing authority" means an officer or agent of the organization with written authorization to commit the legal entity to a binding agreement.

(34) "Strain" means a group of hemp with presumed common ancestry and identified physiological distinctions. A strain does not meet the uniformity, stability, or distinction requirements to be considered a variety.

(35) "Variety" means a subdivision of a species that is:

(a) Uniform, in that the variations in essential and distinctive characteristics are describable;

(36) "Variety of concern" means any variety of hemp that tests above 0.3000 percent delta 9-THC in one (1) or more pre-harvest samples. A hemp variety designated as a "variety of concern" could be subject to restrictions and additional testing.

Section 2. Processor or Handler License Application.

(1) Any person who wishes to engage in the processing, handling, brokering, or marketing of hemp that does not fall within the definition of a "publicly marketable hemp product" at any location in the Commonwealth shall submit to the department a complete Processor/Handler License Application, or annual license renewal, incorporated by reference as part of the Processor/Handler License Application in 302 KAR 50:080.

(2) Existing processor or handler license holders shall complete the department's requirements for license renewal by December 31.

(3) Any person who does not hold a grower license from the department shall not grow, cultivate, or handle living hemp plants or other cannabis.

(4) Any person who does not hold a processor/handler license from the department shall not process, handle, broker, or market hemp or other cannabis that does not fall within the definition of a "publicly marketable hemp product" at any location within the commonwealth.

(5) A person under the age of eighteen (18) years of age shall not apply for or hold a processor or handler license.

(6) Application deadlines.

(a) Completed Processor/Handler License Application forms shall be postmarked or received by the department by the end of the application period established in the application.

(b) Completed Processor/Handler License Application forms shall be delivered to KDA Hemp Licensing Program, 111 Corporate Drive, Frankfort, Kentucky 40601.

(c) The department shall deny any Processor/Handler License Application that is not received by the deadline established in the application.

(7) The department shall require each applicant to pay a processor or handler application fee in the amount established in 302 KAR 50:060.

(8) Application fees shall not cover or include the cost of the criminal background checks required by KRS 260.862(2)(d) and Section 3 of this administrative regulation. Applicants and license holders shall pay criminal background check fees directly to the Kentucky State Police or other law enforcement agency.

(9) The department shall deny any Processor/Handler License Application that is received without the application fee established in 302 KAR 50:060.

(10) With the Hemp Processor/Handler License Application form the applicant shall submit, at a minimum:

(a) If the applicant is an individual, the individual's full name, residential address, telephone number, and email address (if available); or

(b) If the applicant is a business entity:

The entity's name, Employer Identification Number, business location address in Kentucky, and principal business location; and
For the individual who will have signing authority on the entity's behalf, his or her full name, title within the entity, business address, telephone number, and email address (if available);

(d) Maps and the street address, location ID, and GPS coordinates for each building or site where hemp will be processed, handled, or stored.

(11) Any Processor/Handler License Application that is missing required information shall be subject to denial.

Section 3. Criminal Background Check.

(1) Each licensed processor/handler or applicant shall undergo and pay for an annual criminal background check as required by KRS 260.862(2)(d).

(2) A licensed processor/handler or applicant, or key participant within an entity that is a processor/handler or applicant, shall, following completion of the background check, ensure delivery of the report to the department with the application or renewal.

(3) The department shall not accept a report from a criminal background check that occurred more than sixty (60) days prior to the date of the application.

(4) Failure to submit the background check with the application shall be grounds for license denial.

(5) Substitution of a signing authority shall require approval from the department and the submission of a current criminal background check on the substitute signing authority.

Section 4. Application for Processor or Handler Licensing; Criteria and Procedure for Evaluation.

(1) The department shall apply the criteria established in paragraphs (a) through (m) of this subsection in evaluating applications for a processor/handler license.

(a) In accordance with Section 2 of this administrative regulation, the applicant shall submit a complete application with all required components and attachments.

(b) An applicant who has been a program participant previously, the applicant shall comply with the responsibility to submit any reports required by 302 KAR Chapter 50.

(d) The applicant's processing sites, handling sites, and storage sites, shall be located in the Commonwealth of Kentucky.

(e) The criminal background check report indicates that, within ten (10) years from the date when the background check was issued, the applicant shall not have:

A felony conviction; or
A drug-related misdemeanor conviction or violation.

(f) The applicant's planned activities shall remain compliant with state law and 302 KAR Chapter 50.

(g) The applicant shall have adequate facilities or plans to acquire adequate facilities sufficiently to complete the planned activities.

(h) Including those times the applicant was not a participant in the Hemp Licensing Program, the applicant shall have demonstrated a willingness to comply with the department's rules, instructions from department staff, and instructions from representatives of Kentucky State Police and other law enforcement agencies.

(j) The applicant shall not have any unpaid fees, fines, or civil penalties owed to the department.

(k) The applicant shall not have made and shall not make any false statements or representations to a representative of the department or a law enforcement agency.

(l) The applicant's proposed sites shall comply with the land use restrictions established in Section 5 of this administrative regulation. Denial of all proposed processing and handling sites shall constitute grounds for denial of the application.

(m) The applicant shall not have had a hemp license revoked within five (5) years previous to the date of this application.

(2) The department shall conditionally approve an application for a processor/handler license if the application satisfies the criteria established in this administrative regulation.

(4) Applicants shall pay licensing fees prior to receiving a processor/handler license.

(5) Applicants shall complete a mandatory orientation session at a location to be determined by the department. The department shall not allow any person to complete orientation in lieu of the applicant.

Section 5. Land Use Restrictions for Licensed Processors or Handlers.

(1) A licensed processor or handler shall not process or store leaf or floral material from hemp or other cannabis in or adjacent to any structure that is used for residential purposes without first obtaining written permission from the department.

(2) A licensed processor or handler shall not apply to process, handle, or store hemp on any property that is not owned or completely controlled by the applicant or licensed processor.

(3) A licensed processor or handler shall not process, handle, or store hemp on property owned by, leased from, or previously submitted in an application by any person who is ineligible or was terminated or denied admission to the Hemp Licensing Program for:

(a) Failure to obtain an acceptable criminal background check;

(b) Failure to comply with an order from a representative of the department; or

Section 6. Administrative Appeal from Denial of Application.

(2) An appellant shall mail a hearing request letter to KDA Hemp Licensing Program, 111 Corporate Drive, Frankfort, Kentucky 40601.

(6) Hearings on appeals shall be open to the public and occur at a time and date and location designated by the commissioner.

(7) An appellant applicant shall appear in person at the assigned hearing time. Failure to appear on time shall constitute grounds for dismissal of the appeal.

(8) The three (3) members of the administrative panel shall rule on the appeal by a majority vote.

Section 7. Hemp Processor or Handler Licenses.

(1) An applicant shall not be a participant in the Hemp Licensing Program until the department has issued a processor/handler license following the applicant's completion of the department's mandatory orientation session and payment of licensing fees.

(2) The processor/handler license application shall establish the terms and conditions governing participation in the Hemp Licensing Program.

(3) Failure to agree or comply with terms and conditions established in the processor/handler license application or this administrative regulation shall constitute grounds for appropriate departmental action, up to and including termination of the license and expulsion from the Hemp Licensing Program.

(4) Annual renewal of a processor/handler license shall require the license holder to:

(a) Submit to the department an annual criminal background check for the signing authority of record;

(b) Complete a mandatory, annual program orientation session hosted by the department;

(d) Update all licensed addresses, location IDs, and GPS coordinates with the department; and

(e) Agree to comply with the policies established in 302 KAR Chapter 50.

(5) A processor/handler license shall remain in force as long as the license holder meets the annual renewal requirements by December 31 of each year.

(6) A processor/handler license may be terminated by the license holder upon thirty (30) days prior written notice.

(7) The department shall issue processor/handler's license numbers in accordance with this format: "P_0001" through "P_9999."

Section 8. Processor or Handler Licensing Fee.

(1) The licensing fee for processing harvested hemp fiber shall be the amount established in 302 KAR 50:060.

(2) The licensing fee for processing harvested hemp grain shall be the amount established in 302 KAR 50:060.

(3) The licensing fee for processing hemp floral material (for example, CBD extraction) shall be the amount established in 302 KAR 50:060.

(4) A licensed processor or handler that processes more than one (1) harvest component (for example, fiber, grain, and floral material) shall pay the licensing fee that is required for each harvested component that is applicable.

(5) A handler that does not engage in processing (for example, a seed cleaner, laboratory or dryer) shall be subject to a licensing fee in the amount established in 302 KAR 50:060.

(6) The licensed processor or handler fee shall be paid annually in full prior to the issuance or renewal of the processor/handler license.

Section 9. Seed and Propagule Acquisition.

(a) If the variety or strain is listed on the Summary of Varieties List, a pre-approval from the department shall not be required.

(2) A license holder who develops a new hemp variety or strain shall submit the New Hemp Variety or Strain Request form, prior to its use in crop production.

(3) The department shall not approve a New Hemp Variety or Strain Request unless the licensed grower affirms in writing that the requested seed acquisition plan shall not infringe on the intellectual property rights of any person and the seed or propagule source is a current legal hemp operation.

(5) A license holder shall not buy, sell, possess, or transfer seeds or propagules of any variety or strain designated as a prohibited variety on the department's published summary of varieties list.

(7) Any person engaging in the distribution of hemp seeds shall adhere to all applicable Kentucky seed laws (KRS 250.010 through 250.990) and regulations (12 KAR 1:116 through 1:175).

(8) Any person who intends to move transplants or other living plants to a location outside Kentucky shall obtain a Class A Nursery License from the Kentucky Office of the State Entomologist.

Section 10. Seeds of Wild, Landrace, or Unknown Origin.

(1) A person shall not acquire or grow hemp or cannabis seeds or propagules of wild, landrace, or unknown origin without first obtaining written approval from a representative of the department.

(3) Any licensed grower or licensed processor or handler found to have saved seed, propagules, or cuttings, or cultivated seeds, propagules, or cuttings from a cannabis plant of wild, landrace, or unknown origin, without permission from the department shall be subject to suspension or revocation of their license and forfeiture without compensation of their materials.

Section 11. Site Access for Representatives of the Department and Law Enforcement Agencies.

(1) The department shall provide information about approved growing, handling, processing, and storage site locations to representatives of the Kentucky State Police, DEA, and other law enforcement agencies whose representatives request licensed site location information, including GPS coordinates.

(2) Licensed processors or handlers shall have no reasonable expectation of privacy with respect to premises where hemp or other cannabis seeds, plants, or materials are located and any premises listed in the processor or handler license.

(3) A licensed processor or handler, whether present or not, shall permit a representative of the department or a law enforcement agency to enter into premises where hemp or other cannabis seeds, plants, or materials are located and any premises listed in the processor or handler license, with or without cause, and with or without advance notice.

Section 12. Collection and Retention of Cannabis Samples.

(1) The department may collect, test, and retain samples of hemp or other cannabis, and substances derived from hemp or cannabis in the possession of a licensed processor or handler.

(2) All samples collected by the department shall become the property of the department and shall be nonreturnable. Compensation shall not be owed by the department.

(3) The material to be collected for sampling shall be determined by the department inspector.

Section 13. Restrictions on Sale or Transfer.

(1) A licensed processor or handler shall not sell, transfer, or allow the sale or transfer, of living plants, viable seeds, leaf material, or floral material to or from any person in the Commonwealth who does not hold a license issued by the department.

(2) A licensed processor or handler shall not sell, transfer, or allow the sale or transfer, of living plants, viable seeds, leaf material, or floral material to or from any person outside the Commonwealth who is not authorized to possess materials under the laws of that jurisdiction.

(3) The department shall permit the sale or transfer of stripped stalks, fiber, dried roots, nonviable seeds, seed oils, cannabinoid extracts (excluding THC in excess of zero and three-tenths (0.3) percent), and other marketable hemp products to members of the general public, both within and outside the Commonwealth, if the marketable hemp product's decarboxylated delta-9-THC level is not more than zero and three-tenths (0.3) percent and is otherwise lawful and compliant with 302 KAR Chapter 50.

(4) A licensed processor or handler selling, transferring, or allowing the sale or transfer of floral or plant extracts (including CBD), shall conduct and retain testing data reflecting the decarboxylated delta-9-THC level for at least three (3) years.

(5) A licensed processor or handler shall not sell or transfer floral extracts containing a decarboxylated delta-9-THC concentration in excess of zero and three-tenths (0.3) percent except that pursuant to KRS 260.8635, a licensed processor, or a person acting as a representative of a licensed processor, may move or transport hemp extract material having a delta-9 tetrahydrocannabinol concentration in excess of three-tenths of one percent (0.3%) from one (1) licensed processing location in the Commonwealth to another licensed processing location in the Commonwealth, if:

(a) The hemp extract material shall move directly from one (1) licensed processing location to another; and

(b) The licensed processor shall provide written notice to the department of the planned movement at least twenty-four (24) hours in advance by submitting to the department a completed Hemp Concentrate Transport Notification Form.

(6) A licensed processor or handler shall comply with the federal Food Drug and Cosmetic Act, 21 U.S.C. Chapter 9, and all other applicable local, state, and federal laws and regulations relating to product development, product manufacturing, consumer safety, and public health.

(7) Any person making human-consumable products, or substances that will be used to make human-consumable products, shall be Good Manufacturing Practices-compliant and permitted by the Department of Public Health within the Cabinet for Health and Family Services.

(8) Any person packaging a product prior to sale shall comply with the Uniform Packaging and Labeling Regulations as established in 302 KAR 75:130.

(9) Any person packaging a hemp-derived cannabinoid product shall comply with 902 KAR 45:190, Hemp-derived cannabinoid products; packaging and labeling requirements.

(10) A licensed processor or handler shall not knowingly permit hemp to be sold to or used by any person in the Commonwealth who is involved in the manufacture of an item named on the prohibited products list established in 302 KAR 50:070.

(11) A person shall not ship, transport, or allow to be shipped or transported, any hemp product with a decarboxylated delta-9-THC concentration in excess of zero and three-tenths (0.3) percent.

(12) A licensed processor or handler shall only purchase or receive harvested hemp plant material that has been determined compliant and released for sale or transfer by the appropriate hemp regulatory program in the grower's area of jurisdiction.

Section 14. Other Requirements.

(1) A licensed processor or handler shall not process or store hemp on any site not listed in the processor/handler license.

(2) A person shall not convert a substance that was extracted or derived from hemp or other cannabis into a Schedule I controlled substance.

(3) A license holder shall not make, manufacture, or distribute any of the prohibited products listed in 302 KAR 50:070.

(4) A person shall not possess living hemp or other cannabis plants without a hemp grower license.

(5) A licensed processor or handler shall not allow another person, other than an agent of the licensed processor or handler, to process, handle or store hemp under their license in lieu of obtaining a separate hemp processor/handler license.

(6) Processors using hazardous materials or flammable solvents (for example, ethanol) shall comply with the requirements of the State Fire Marshal.

(7) Any person owning or operating an analytical laboratory offering third-party testing services shall report post-decarboxylated delta-9-THC on a 100% dry weight basis.

(8) Any person owning or operating an analytical laboratory offering third-party testing services shall participate in the University of Kentucky's Hemp Proficiency Testing Program.

Section 15. Information Submitted to Department Subject to Open Records Act, KRS 61.870 Through 61.844.

(2) Personally identifiable information including physical address, mailing address, driver's license numbers, background checks, GPS coordinates, telephone numbers, and email addresses shall be shielded from disclosure to the maximum extent permitted by law. The department shall provide this information to law enforcement agencies and other regulatory agencies upon request.

Section 16. Violations Requiring Temporary License Suspension Procedures.

(1) The department shall notify a licensed processor/handler in writing that the Processor/Handler License has been temporarily suspended if a representative of the department receives information supporting an allegation that a licensed processor/handler has:

(a) Plead guilty to, or is convicted of, any felony or drug-related misdemeanor or violation in accordance with KRS 260.864;

(b) Engaged in conduct violating a provision of KRS 260.850 through 260.869, 302 KAR Chapter 50, or the processor/handler license with a culpable mental state greater than negligence;

(c) Made a false statement to a representative of the department or a law enforcement agency with a culpable mental state greater than negligence;

(d) Been found to be in possession of cannabis with a measured delta-9-THC concentration above zero and three tenths (0.3) percent with a culpable mental state greater than negligence;

(e) Been found to be growing hemp or cannabis without a hemp grower license with a culpable mental state greater than negligence;

(f) Failed to comply with an order from a representative of the department or a law enforcement agency with a culpable mental state greater than negligence; or

(g) Been found to be in possession of cannabis plant material with a measured THC concentration of 3.000% or greater.

(2) The department shall schedule a license revocation hearing for a date as soon as practicable after the notification of temporary suspension, but in any event not later than sixty (60) days following the notification of temporary suspension.

(3) A person whose processor/handler license has been temporarily suspended shall not process or remove cannabis from the premises where hemp or other cannabis was located at the time the department issued its notice of temporary suspension, except as authorized in writing by a representative of the department.

(4) As soon as possible after the notification of temporary suspension, a representative of the department shall inspect the licensed processor/handler's premises and perform an inventory of all cannabis, hemp, and hemp substances that are in the licensed processor/handler's possession.

Section 17. License Revocation Hearings and Consequences of Revocation.

(1) The department shall notify a person whose processor/handler license has been temporarily suspended of the date the person's license revocation hearing will occur at a time and place designated by the commissioner.

(2) License revocation hearings shall be adjudicated by a three (3) person administrative panel in accordance with KRS 260.864.

(3) License revocation hearings shall be open to the public.

(4) A person whose processor/handler license has been temporarily suspended shall appear in person at the assigned hearing time. Failure to appear on time shall constitute a waiver of the person's right to present information and arguments against revoking the processor/handler license.

(5) A representative of the department shall have an opportunity to present information and arguments for revoking the processor/handler license.

(6) A person whose processor/handler license has been temporarily suspended shall be allowed an opportunity to present information and arguments against revoking the processor/handler license.

(7) The three (3) members of the administrative panel shall rule on the question of revocation by a majority vote.

(8) If a majority of the three (3) members of the administrative panel find that it is more likely than not that a licensed processor or handler has committed any of the acts listed in Section 16(1) of this administrative regulation then the processor/handler license shall be revoked effective immediately.

(9) If a majority of the members of the administrative panel vote against revoking the processor/handler license, the department shall lift the temporary suspension within twenty-four (24) hours of the vote.

(10) If a majority of the members of the administrative panel vote in favor of revoking the processor/handler license, then a representative of the department or a law enforcement agency shall have authority to destroy or confiscate all cannabis, hemp, and hemp substances that are in the person's possession.

(12) The department shall immediately report any person whose license has been revoked on the grounds that he or she violated a provision of KRS 260.850 through 260.869, 302 KAR Chapter 50, or the processor/handler license with a culpable mental state greater than negligence, to an appropriate law enforcement agency.

(13) A person whose processor/handler license has been revoked shall not be eligible for licensure for a period of five (5) years from the date of the most recent violation.

Section 18. Monetary Civil Penalties.

(1) If a representative of the department receives information supporting a finding that it is more likely than not that a person has engaged in conduct violating a provision of KRS 260.850 through 260.869, 302 KAR Chapter 50, or the processor or handler license application, then the department shall assess a monetary civil penalty based on the severity of the violation and not to exceed $2,500 per violation.

(2) A person wishing to appeal the department's assessment of a monetary civil penalty shall submit a written request for a hearing within fifteen (15) days of the notification date.

(5) The members of the administrative panel shall determine if the department's action in assessing the monetary civil penalty was arbitrary or capricious.

(6) Hearings on the appeal shall be open to the public and occur at a time, date, and location designated by the commissioner.

(7) An appealing person shall appear in person at the assigned hearing time. Failure to appear on time shall constitute grounds for dismissal of the appeal.

(8) An appellant shall be allowed an opportunity to present arguments for reversing the assessed monetary civil penalty.

(9) A representative of the department shall be allowed an opportunity to present arguments for affirming the assessed monetary civil penalty.

(10) The three (3) members of the administrative panel shall rule on the appeal by a majority vote.

(12) The department shall have the authority to pursue unpaid monetary civil penalties by filing a civil cause of action in the Franklin Circuit Court.

Section 19. Licensing for Representatives of Universities and Colleges.

(2) An institution of higher education shall not allow or authorize its faculty, administration, or staff members, or any sponsored student, to be in possession of, or conduct academic research involving living hemp plants, leaf material, floral material, or viable seeds of hemp without first completing and submitting a Hemp License Application.

(4) If a university applicant's research plan includes growing hemp, then a Hemp Grower License shall be issued.

(5) If a university applicant's research plan does not include growing hemp, then a Hemp Processor/Handler License shall be issued.

(6) The department shall accept applications from an authorized faculty, administrator, or staff member of an eligible institution of higher education at any time of the year.

(8) Sampling and testing of hemp processed or handled under the authority of this section shall be conducted by the department if the harvested material is intended for commerce.

(9) An eligible institution of higher education shall:

(a) Be accredited by, and in good standing with, a regional or national higher education accreditation agency;

(b) Confer academic degrees at the associate, bachelor, master, or doctoral level; and

Section 20. Corrective Action Plans for Negligent Violations.

(1) If the department determines that a processor or handler committed a negligent violation of any provision within KRS Chapter 260.850 through 260.869 or 302 KAR Chapter 50, then the department shall devise and implement a corrective action plan for the processor or handler.

(2) Corrective action plans shall remain in place for at least two (2) years and include, at a minimum:

(a) The date by which the processor or handler shall correct each negligent violation;

(b) Steps to correct each negligent violation; and

(3) A processor or handler who commits a negligent violation shall not, as a result of that violation, be subject to any criminal enforcement action by any government.

(4) If a subsequent violation occurs while a corrective action plan is in place, a new corrective action plan shall be submitted with a heightened level of quality control, staff training, and quantifiable action measures.

(5) A processor or handler who commits three (3) or more negligent violations within a five (5) year period shall have his or her license revoked and be ineligible to obtain a license for a period of five (5) years beginning on the date of the third violation. A violation that occurred prior to January 1, 2022 shall not count toward the three (3) violations referred to in this subsection.

Section 21. Mandatory Reports to Law Enforcement Agencies for Violations with a Culpable Mental State Greater than Negligence.

(1) In addition to being subject to the license suspension, license revocation, and monetary civil penalty procedures established in 302 KAR 50:021 and this administrative regulation, a person who is found by the department to have violated a requirement of KRS Chapter 260 or 302 KAR Chapter 50 with a culpable mental state greater than negligence shall be subject to the reporting requirements established in this section.

History

RELATES TO: KRS 61.870 - 61.844, 260.850-260.869, 7 U.S.C. 1639, 21 U.S.C. Chapter 9
STATUTORY AUTHORITY: KRS 260.862; 7 U.S.C. 1639
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.862(1) authorizes the department to promulgate administrative regulations for a Hemp Licensing Program in the Commonwealth of Kentucky. KRS 260.862(1)(a) authorizes the department to license persons who wish to participate in a Hemp Licensing Program by cultivating, handling, processing, or marketing hemp. This administrative regulation establishes procedures and requirements for licensing persons who wish to process or handle hemp as a participant in the department's Hemp Licensing Program.
History: 47 Ky.R. 651, 1204; eff. 3-2-2021; 48 Ky.R. 1640, 2469; eff. 7-5-2022.

302 KAR 50:046 Department's reports to USDA; records retention for three (3) years {#sec-302-kar-50-046 omnilex-key=us-ky-regs-official--title-302--302 KAR 50:046}

Section 1. Definitions.

(1) "Department" or "KDA" is defined by KRS 260.850(3).

(2) "GPS" means Global Positioning System.

(3) "Hemp" or "industrial hemp" is defined by KRS 260.850(5).

(4) "Location ID" means the unique identifier established by the applicant for each unique set of GPS coordinates where hemp will be grown, handled, stored, or processed, which can include a field name or building name.

Section 2. Record keeping requirements; three (3) year retention period. For at least three (3) years, license holders shall retain and make available for inspection by the department (or USDA inspectors, auditors, or their representatives) during reasonable business hours:

(1) Records regarding acquisition of hemp plants;

(2) Records regarding production and handling of hemp plants;

(3) Records regarding storage of hemp plants; and

(4) Records regarding disposal of all cannabis plants that do not meet the definition of hemp.

Section 3. Monthly Producer Reports.

(1) On or before the first day of each month, the department shall submit a Monthly Producer Report to USDA providing the contact information, and current status, of each license that has been issued by the department. If the first day of the month falls on a weekend or a holiday, then the department shall submit its Monthly Producer Report on or before the first business day following the first day of the month. The department shall submit its Monthly Producer Report in a digital format that is compatible with USDA's information sharing system.

(2) The department's Monthly Producer Reports shall include the following information:

(a) For each new grower who is an individual, the Monthly Producer Report shall include:

The full name of the individual;
The license number;
The business address;
The legal description (GPS location) of the land where hemp is produced;
The telephone number;
The email address (if available);
The status of each grower's license;
The period covered by the report; and
An indication that there were no changes during the current reporting cycle, if applicable.

(b) For each new grower that is an entity, the Monthly Producer Report shall include:

The full name of the entity;
The license number;
The principal business location address;
The legal description (GPS location) of the land where hemp is produced;
The full name, title, and email address (if available) for each employee for whom the entity is required to submit a criminal history record report;
The status of each grower's license;
The period covered by the report; and
An indication that there were no changes during the current reporting cycle, if applicable.

(c) For each grower that was included in a previous report, and whose reported information has changed, the Monthly Producer Report shall include:

The previously reported information;
The new information; and

a. The status of each grower's license;

b. The period covered by the report; and

c. An indication that there were no changes during the current reporting cycle, if applicable.

Section 4. Monthly Disposal Reports.

(1) On or before the first day of each month, the department shall submit a Monthly Disposal Report to USDA providing notice to USDA of any occurrence of non-conforming plants or plant material. If the first day of the month falls on a weekend or a holiday, then the department shall submit its Monthly Disposal Report on or before the first business day following the first day of the month. The department shall submit its Monthly Disposal Report in a digital format that is compatible with USDA's information sharing system.

(2) The department's Monthly Disposal Reports shall include:

(a) Grower's name, address, and license number;

(b) Location ID, GPS coordinates, and USDA FSA lot description (farm number, tract number, field number, and sub-field number) for the lot that was subject to disposal;

(d) Name of the KDA employee who supervised the disposal; and

(e) Total acreage.

Section 5. Annual Reports.

(1) On or before December 15 of each year, the department shall submit an Annual Report to USDA. The department shall submit its Annual Report in a digital format that is compatible with USDA's information sharing system.

(2) The department's Annual Reports shall include the following information for each licensee and address:

(a) Total acreage planted;

(b) Total acreage disposed or remediated; and

Section 6. Laboratory Test Results Reports.

(1) The department shall ensure that the designated testing laboratory's Laboratory Test Results Reports are submitted to USDA in a digital format that is compatible with USDA's information sharing system.

(2) The Laboratory Test Results Reports shall include the following information:

(a) The grower's license number, name, and business address;

(b) The Location ID and USDA FSA lot number (farm number, tract number, field number, and sub-field number) for the lot from which the sample was collected;

(d) The date of the test and date of the report;

(e) Whether the test was a retest; and

(f) The test result for total delta-9-THC on a dry weight basis.

History

RELATES TO: KRS Chapter 217B, 260.850-260.869; 7 U.S.C. 1639p, 7 C.F.R. Part 990
STATUTORY AUTHORITY: KRS 260.862; 7 U.S.C. 1639p
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.862(1) authorizes the department to promulgate administrative regulations for a Hemp Licensing Program in the Commonwealth of Kentucky. KRS 260.862(1)(a) authorizes the department to license persons who wish to participate in a Hemp Licensing Program by cultivating, handling, processing, or marketing hemp. This administrative regulation establishes departmental reporting and record-retention duties.
History: 48 Ky.R. 1672, 2476; eff. 7-5-2022.

302 KAR 50:056 Sampling and THC testing; disposal of non-compliant harvests; post-testing actions {#sec-302-kar-50-056 omnilex-key=us-ky-regs-official--title-302--302 KAR 50:056}

Section 1. Definitions.

(1) "Acceptable Hemp THC Level" means the sum of the Measurement of Uncertainty plus the 0.300% delta-9-THC limit on a dry weight basis established in federal law, 7 U.S.C. 1639, and KRS Chapter 260.

(2) "Cannabis":

(b) Does not mean a "publicly marketable hemp product," as defined by 302 KAR 50:021, Section 1(37).

(3) "CBD" means cannabidiol.

(4) "Certified seed":

(a) Means the progeny of breeder, foundation, or registered seed handled to maintain satisfactory genetic purity and varietal identity and certified to AOSCA (Association of Official Seed Certifying Agencies) standards and having an official AOSCA seed label; and

(b) Does not include a state's THC compliance verification program.

(5) "Decarboxylated" means the completion of the chemical reaction that converts delta-9-THC-acid into delta-9-THC, the intoxicating component of cannabis. The decarboxylated value is also calculated using a conversion formula that sums delta-9-THC and eighty-seven and seven tenths (87.7) percent of delta-9-THC-acid.

(6) "Delta-9-THC" means delta-9-tetrahydrocannabinol concentration (the primary intoxicating component of cannabis). For compliance purposes, all delta-9-THC concentrations are measured post- decarboxylation or by another method which includes both delta-9-THC and delta-9-THCA (also known as total THC).

(7) "Department" or "KDA" is defined by KRS 260.850(3).

(8) "Hemp" or "industrial hemp" is defined by KRS 260.850(5).

(9) "Hemp transplants" means hemp seedlings, rooted cuttings, immature plants produced from tissue culture, or other means of reproduction, which are not harvested, but transplanted into a large container or field to mature for harvest. The movement of transplants from their original location to the crop production location is not considered a harvest.

(10) "Inspector" means an employee or other representative of the department who has been properly trained by the department to collect samples and perform inspections.

(11) "Lot" means a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of hemp throughout.

(12) "Measurement of uncertainty" means the parameter, associated with the result of a measurement that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to the measurement.

(13) "MSU BVC" means the Breathitt Veterinary Center at the Murray State University in Hopkinsville.

(14) "Person" means an individual or business entity.

(15) "Post-harvest sample" means a sample taken from the harvested hemp from a particular lot's harvest in accordance with the procedures as established in this administrative regulation . The entire lot's harvest is in the same form (for example, intact-plant, or ground materials), homogenous, and not mixed with non-hemp materials or hemp from another lot.

(16) "Pre-harvest sample" means a composite, representative portion from living plants in a hemp lot collected in accordance with the procedures as established in this administrative regulation .

(17) "Program" means the department's Hemp Licensing Program.

(18) "Propagule" means a plant or plant part that can be utilized to grow a new plant.

(19) "UK DRS" means the Division of Regulatory Services at the University of Kentucky College of Agriculture, Food, and Environment in Lexington.

Section 2. Procedures for Inspection and Sample-Collection Visits.

(1) A hemp plant shall not be harvested from any lot before a department inspector completes an inspection and sample-collection visit.

(2) The licensed grower shall submit to the department a completed Harvest Report form, as incorporated by reference in 302 KAR 50:080, at least fifteen (15) days prior to the grower's expected harvest date.

(3) Upon receiving a completed Harvest Report form, the department shall contact the licensed grower to schedule an inspection and sample-collection visit for a specific time on a date that is not later than the grower's expected harvest date.

(4) The licensed grower, or the grower's authorized representative, shall be present during the inspection and sample-collection visit.

(5) During the inspection and sample-collection visit, the licensed grower shall provide to the inspector, complete and unrestricted access to all hemp and other cannabis plants, whether growing or harvested; all land, buildings, and other structures used for the cultivation and storage of hemp and other cannabis plants; and all locations listed in the Hemp Grower License.

(6) During the inspection and sample-collection visit, the inspector shall perform a visual inspection of each location listed in the Hemp Grower License in order to verify the GPS coordinates and look for evidence that hemp plants or other cannabis plants were harvested without authorization prior to the inspector's inspection and sample-collection visit or any other suspicious circumstance.

(7) The licensed grower shall complete the harvest of the crop from a lot not more than thirty (30) days following the date of the inspection and sample-collection visit.

(8) If the licensed grower fails to complete the harvest of the crop from a lot within thirty (30) days following the date of sample collection, then the licensed grower shall submit a new Harvest Report and may be required to pay a secondary pre-harvest sample fee established in 302 KAR 50:060.

(9) Floral material shall not be moved outside the Commonwealth, nor moved beyond a processor; nor commingled, extracted, converted into a consumer-ready product, enter commerce, until the department releases the material in writing.

Section 3. Standards and Procedures for Performance Based Sampling.

(1) The department intends to sample and test every lot of hemp prior to harvest every year. If it is not feasible to sample and test every lot, then the department may implement these performance-based sampling procedures.

(2) The goal is to ensure at a confidence level of ninety-five (95) percent that no more than one (1) percent of the plants in each lot will exceed the acceptable THC level, and that a representative sample is collected that represents a homogenous composition of the lot.

(3) A lot of hemp shall only be eligible for performance based sampling consideration if the licensee maintains records documenting the variety or cultivar's compliance with the acceptable THC concentration.

(4) The transfer of hemp transplants from one (1) location to the location at which the plants will grow to maturity and from which the plants will be harvested shall not be considered to be a harvest. Hemp transplants shall not be subject to sampling before the plants are transferred to the location at which these plants will grow to maturity. Instead, the mature crop produced from hemp transplants shall be subject to sampling and testing.

(5) A hemp licensee who has met all four (4) of the compliance history requirements as established in this subsection may not be subject to the sampling and testing requirement in the current year:

(a) Produced hemp for the past three (3) consecutive years;

(b) Underwent THC testing by the department each of those three (3) years;

(c) Received THC testing results below the acceptable THC level (total THC not more than 0.3%) each of those three (3) years; and

(d) Currently growing the same variety(s) or cultivar(s) as in the previous three (3) years.

(6) Hemp crops which were planted with known Certified seed varieties for grain or fiber, and which are to be harvested only for grain or fiber (with no leaf or floral material harvested) may not be subject to the sampling and testing requirement. Previous testing of those varieties in Kentucky by the department revealed that only nine (9) of 179 lots (five (5) percent) tested above the acceptable hemp THC level. At least fifty (50) percent of all lots produced from these varieties shall be sampled each year on a random basis.

(7) Hemp varieties appearing on the department's Summary of Varieties list available at https://www.kyagr.com/marketing/documents/HEMP_LH_Summary_of_Varieties_List.pdf and that have been tested below the acceptable THC level at least ninety (90) percent of the time may be subject to a lower frequency of sampling and testing. At least fifty (50) percent of all lots produced from these varieties shall be sampled each year on a random basis.

Section 4. Procedure for Collecting Samples.

(1) The inspector shall use the following equipment and supplies:

(a) An Inspection and Sample Collection form;

(b) Alcohol wipes;

(d) Paper sample-collection bags;

(e) A permanent marker;

(f) Security tape or a stapler;

(g) A GPS unit, or a device with GPS-capable technology;

(h) Nitrile disposable gloves; and

(i) A ruler.

(2) The inspector shall take cuttings from five (5) plants in each lot to make up a composite sample for that lot. The number of plants selected to form a composite sample was calculated using the Codex Alimentarius Recommended Methods of Sampling for the Determination of Pesticide Residues for Compliance with MRLS CAC/GL 33-1999 available at https://apeda.gov.in/apedawebsite/Announcements/CODEX_method_for_sampling_for_determination_of_pesticides.pdf. In 2019, Kentucky's hemp testing program showed that 43% of the pre-harvest samples were above 0.30% THC; therefore "I" is equal to 0.43. For a confidence level of ninety-five (95) percent, the minimum plant number required shall be three (3). A lot from a thousand-acre field would require five and three-tenths (5.3) plants.

(3) The inspector shall select the individual plants to be sampled from each lot by selecting at random at least five (5) plants that appear to be representative of the composition of the lot and avoiding selecting plants that are close to the perimeter of the lot.

(4) From each individual plant selected for sampling, the inspector shall cut the highest twenty (20) centimeters from the plant's primary stem of female flower. The inspector shall not remove seed, stem, or other material from the sample that is cut from the plant.

(5) The inspector shall place the cuttings from the lot into a paper sample-collection bag, shut the bag by folding over its top, and secure the fold with security tape or a stapler.

(6) Using a permanent marker, the inspector shall write on the sealed paper sample collection bag the Sample ID consistent with:

(a) The last four (4) digits of the Grower License number,

(b) The date, in MMDDYY format; and

(d) Example: For Grower License 21_1234, with a sample collected on October 15, 2020, from the third lot sampled by the inspector on that date, the Sample ID is 1234-101520-03.

(7) The inspector shall complete the Inspection and Sample Collection form by entering:

(a) The licensed grower's name and contact information;

(b) The address where the lot is located;

(d) The inspector's name;

(e) The date of the inspection and sample collection visit; and

(f) For each sample collected, the Location ID, the Sample ID, the hemp variety or strain name, and a description of the crop.

(8) Following the completion of the inspection and sample-collection visit, the inspector shall deliver the sealed sample-collection bag to the department's designated drying facility.

(9) The department shall not unseal sample-collection bags during the drying process.

Section 5. Procedure for THC Testing.

(1) THC testing shall be completed by a Drug Enforcement Administration-registered testing lab designated by the department.

(2) Upon receipt of a sealed sample-collection bag from the department, the laboratory shall receive, prepare, and release hemp samples in accordance with the UK DRS SOP# HM-LB-001 (Procedures for Receiving, Preparing and Releasing Hemp Samples) or MSU BVC SOP # TOX WIN 0042 (Hemp Receiving) and MSU BVC SOP # TOX WIN 0043 (Hemp Storage and Destruction), as applicable.

(3) Hemp material not used by the laboratory for delta-9-THC testing shall be stored as a retained sample.

(4) The laboratory shall measure delta-9-THC content, including both delta-9-THC and delta-9-THCA, on a dry weight basis in accordance with the UK DRS SOP# HM-MT-001 (Procedures for Measuring THC Content in Hemp by Gas Chromotography with Flame Ionization Detection (GC/FID)) or MSU BVC SOP # TOX WIN 0069 (Hemp Potency), as applicable, including the Measurement of Uncertainty.

(5) A person shall not add to, amend, or in any way alter the composition of the retained sample.

Section 6. Post-testing Actions.

(1) Not later than sixty (60) after the date of the inspection and sample-collection visit, the department shall notify the licensed grower of the results of the THC test results and the grower's eligibility to move the harvested materials into commerce.

(2) For the purpose of determining if a test result is compliant with the definition of hemp (0.3000% delta-9-THC on a dry-weight basis), the department shall evaluate it against the Acceptable Hemp THC Level that is applicable for the current year (that is, 0.300% delta-9-THC on a dry-weight basis plus the Measurement of Uncertainty).

(3) A sample from a lot with a measured THC concentration not exceeding the Acceptable Hemp THC Level shall be deemed compliant (conforming to the legal definition of hemp).

(4) A sample from a lot with a measured THC concentration exceeding the Acceptable Hemp THC Level shall be deemed non-compliant.

(5) Within seven (7) days of receiving notice of a measured THC concentration that exceeds the Acceptable Hemp THC Level, but is less than 1.000%, the Licensed Grower shall consent to the destruction of all cannabis from that lot or he or she may request remediation and a post-harvest re-test in accordance with the procedures established in Section 7 of this administrative regulation.

(6) The retest fee shall be paid in an amount established in 302 KAR 50:060.

(7) Samples with a measured THC concentration of 1.000% or greater shall not be eligible for a post-harvest retest and shall be destroyed. A licensee who refuses to comply with a destruction order shall be subject to the license suspension and revocation proceedings set forth in 302 KAR 50:021 or 50:031, as appropriate.

(8) The sample for a retest shall be collected on a date determined by the department.

(9) Samples with a measured THC concentration of 3.000% or greater shall be grounds for license suspension and revocation proceedings set forth in 302 KAR 50:021.

Section 7. Procedure for Collecting Samples for Post-harvest Retests of Remediated Material.

(1) The inspector shall use the following equipment and supplies:

(a) An Inspection and Sample Collection form;

(b) Alcohol wipes;

(d) Paper sample-collection bags for wet samples;

(e) Plastic sample-collection bags for dry samples;

(f) A permanent marker;

(g) Security tape or a stapler;

(h) A GPS unit, or a device with GPS-capable technology; and

(i) Nitrile disposable gloves.

(2) The material selected for Post-Harvest Sampling from this lot shall be determined by the inspector, not the grower.

(3) The inspector shall perform a visual inspection to verify that the harvested material is in a homogenous state. If the harvested material is not in a homogenous state, then the inspector shall notify the Hemp Program Manager and convey any instructions the Hemp Program Manager may designate to undertake additional remediation steps to bring the entire harvest into a homogenous state. If the license holder refuses or fails to undertake the designated activities, he or she shall be deemed to have waived any right to request a post-harvest retest and the material shall be designated for disposal.

(4) Harvested material selected for Post-Harvest Sampling shall be taken following remediation by grinding the plant into biomass or removing and disposing of all leaf and flower, in accordance with the instructions established in paragraphs (a) and (b) of this subsection.

(a) For ground plant post-harvest samples:

Ensure that the entire harvest is accounted for and in the same form. All harvested material whether whole plant or floral material only shall be ground with no intact plants or whole flowers remaining from that harvest;
Sample material from bag or container without removing seed, stem, or other material;
Sample from a minimum of five (5) locations within the containers for at least one (1) cup of material from the lot;
Place the complete sample in a plastic sample container; and
Seal the plastic sample container.

(b) For Post-Harvest Samples following the removal and disposal of leaf and flower:

Ensure that the entire harvest is accounted for and in the same form (grain or stalk);
Sample material from bag, bale, or container without removing seed, stem, or other material;
Sample from a minimum of five (5) locations within the containers, collecting at least one (1) cup of material from the lot;
Place the complete sample in a plastic sample container; and
Seal the plastic sample container.

(5) Post-Harvest Samples of non-remediated crops is not recommended, but if the grower requests and pays for a Post-Harvest Sample of harvested intact plants, the sampling will be conducted according to the instructions established in paragraphs (a) through (e) of this subsection:

(a) Ensure that the entire harvest is accounted for and in the same form (intact plants);

(b) Clip the top twenty (20) cm of hemp plant, primary stem, including female floral material, without removing seed, stem, or other material;

(c) Take cuttings from at least five (5) hemp plants within the harvest's storage or drying area at the discretion of the inspector ;

(d) Place the complete sample in a paper bag ; and

(e) Seal the paper bag by folding over the top once and stapling to keep closed.

(6) The inspector shall place the cuttings or composite sample from the lot into a sample collection bag and secure the bag with security tape or staples.

(7) Using a permanent marker, the inspector shall write on the sealed sample-collection bag the Sample ID consistent with the following format:

(a) The last four (4) digits of the Grower License number;

(b) The date, in MMDDYY format;

(d) Example: For Grower License 21_1234, with a sample collected on October 15, 2020, from the third lot sampled by the inspector on that date, the Sample ID is 1234-101520-03.

(8) The inspector shall complete the Inspection and Sample Collection form by entering:

(a) The licensed grower's name and contact information;

(b) The address where the lot was grown and where it is currently located;

(d) The inspector's name;

(e) The date of the inspection and sample collection visit; and

(f) For each sample collected, the Location ID, the Sample ID, the hemp variety or strain name, and a description of the crop.

(9) Following the completion of the inspection and sample-collection visit, the inspector shall deliver the sealed sample-collection bag to the department's designated drying facility.

(10) The department shall not unseal sample-collection bags during the drying process.

(11) The procedure for THC testing used by UK DRS shall be the same for post-harvest retests as those established in Section 5 of this administrative regulation.

(12) A lot having a post-harvest sample with a measured THC concentration exceeding the Acceptable Hemp THC Level shall be deemed non-compliant and designated for disposal.

Section 8. Disposal of Non-compliant Harvested Materials.

(1) If a lot is designated for mandatory disposal, then the department shall ensure that all leaf material and floral material from that lot is disposed of using one (1) of the procedures established in this Section of this administrative regulation. The costs of disposal, if any are incurred by the department, shall be charged to the license holder.

(2) Disposal by on-site destruction with department supervision. Without removing the harvested material from the license holder's premises (or other licensed premises where the harvested material is located), a department employee shall personally observe the harvested material's destruction (the act of rendering it into a useless and non-retrievable state) using one (1) of these methods:

(a) By grinding it up and incorporating it into the soil; or

(b) By controlled incineration.

(3) Disposal by on-farm transfer to a person who is registered or authorized by the department to accept controlled substances for the purposes of destruction. At the premises of the license holder (or other licensed premises where the harvested material is located), a department employee shall load, or observe the loading, of the harvested material until the transfer is complete.

(4) Disposal by vehicle transport to a department-approved location.

(a) Prior to the transport: At the premises of the license holder (or other licensed premises where the harvested material is located), a department employee shall load, or observe the loading, of the harvested material until the material is completely secured on or in the vehicle.

(b) During the transport: A department employee shall accompany the harvested material as it moves in a vehicle directly to a department-approved location. The vehicle shall constantly move towards its final destination without unnecessary stops, stops for reasons unrelated to the transport task, or stops of an extended duration.

(c) After the transport: Upon arrival at the department-approved location, a department employee shall unload, or observe the unloading, of the harvested material until the material is completely removed from the vehicle.

(d) Following the material's removal from the vehicle, a department employee shall personally observe the harvested material's destruction (the act of rendering it into a useless and non-retrievable state) using one (1) of these methods:

By grinding it up and incorporating it into the soil; or
By controlled incineration.

Section 9. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "UK DRS SOP# HM-MT-001 (Procedures for Measuring THC Content in Hemp by Gas Chromotography with Flame Ionization Detection (GC/FID)", 2021;

(b) "UK DRS SOP# HM-LB-001 (Procedures for Receiving, Preparing and Releasing Hemp)", 2021 ;

(d) "MSU BVC SOP # TOX WIN 0043 (Hemp Storage and Destruction)", 2020;

(e) "MSU BVC SOP # TOX WIN 0069 (Hemp Potency)", 2020; and

(f) "Inspection and Sample Collection Form", 1/2022.

(2) These materials may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Office of Agricultural Marketing, 105 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. These materials may also be obtained at www.kyagr.com.

History

RELATES TO: KRS Chapter 217B, 260.850-260.869, 7 U.S.C. 1639p, 7 C.F.R. Part 990
STATUTORY AUTHORITY: KRS 260.862, 7 U.S.C. 1639p
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.862(1) authorizes the department to promulgate administrative regulations for a Hemp Licensing Program in the Commonwealth of Kentucky. KRS 260.862(1)(a) authorizes the department to license persons who wish to participate in a Hemp Licensing Program by cultivating, handling, processing, or marketing hemp. KRS 260.862(1)(c) authorizes the department to prescribe sampling and testing procedures to ensure that hemp and hemp products cultivated, handled, processed, or marketed do not exceed the federal law. This administrative regulation establishes procedures and requirements for sampling and THC testing, and establishes procedures for the movement or disposal of hemp following the completion of THC testing.
History: 47 Ky.R. 659, 1210; eff. 3-2-2021; 48 Ky.R. 1647, 2478; eff. 7-5-2022.

302 KAR 50:060 Fees for the Hemp Licensing Program {#sec-302-kar-50-060 omnilex-key=us-ky-regs-official--title-302--302 KAR 50:060}

Section 1. Schedule of Fees for Hemp Growers.

(1) The definitions for this section shall be the same definitions established in 302 KAR 50:020, Section 1.

(2) The fees established in this section shall be nonrefundable.

(3) The Grower License Application fee shall be waived. There shall be a $200 service charge for those applications submitted on paper. There shall be no service charge for applications submitted online.

(4) The annual Grower Licensing Fee shall be $400 for each growing address. This fee includes the first three (3) samples collected for THC testing from that growing address. Beginning with the fourth sample, the Licensed Grower shall be invoiced for a secondary pre-harvest sample fee of $250 for each additional sample collected for THC testing.

(5) The secondary pre-harvest sample fee shall be $250 for each sample.

(6) The retest fee shall be $250 for each sample.

(7) The site modification surcharge fee shall be $750 for each GPS coordinate location change for each growing site after the grower licensing agreement has been executed.

Section 2. Schedule of Fees for Hemp Processors or Handlers.

(1) The definitions for this section shall be the same definitions established in 302 KAR 50:030, Section 1.

(2) The fees established in this section shall be nonrefundable.

(3) The Processor/Handler License Application fee shall be waived. There shall be a $200 service charge for those applications submitted on paper. There shall be no service charge for applications submitted online.

(4) The annual Processor/Handler Licensing Fee for processing the grain component of hemp shall be $500.

(5) The annual Processor/Handler Licensing Fee for processing the fiber component of hemp shall be $500.

(6) The annual Processor/Handler Licensing Fee for processing the floral material component of hemp (such as CBD) shall be $3,000.

(7) The annual Processor/Handler Licensing Fee for a handler (such as a seed cleaner or laboratory) shall be $500.

(8) A processor for more than one (1) component (grain, fiber, or floral material) shall pay the licensing fee for each component. (For example, a person who processes hemp for fiber, grain, and CBD shall pay a participation fee of $4,000.)

(9) The site modification surcharge fee shall be $750 for each GPS coordinate location change for each processing or handling site after the Processor/Handler application or renewal has been submitted.

History

RELATES TO: KRS Chapter 217B, 260.850-260.869
STATUTORY AUTHORITY: KRS 260.862
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.862(1)(a) authorizes the department to promulgate administrative regulations for a Hemp Licensing Program in the Commonwealth of Kentucky, and authorizes the department to license persons who wish to participate in a Hemp Licensing Program by cultivating, handling, processing, or marketing hemp. KRS 260.862(1)(e) authorizes the department to establish a schedule of nonrefundable fees. This administrative regulation establishes a schedule of fees for applicants and licensees.
History: 44 Ky.R. 1770; 2007; eff. 4-6-2018; 46 Ky.R. 2520; 47 Ky.R. 313; eff. 9-17-2020.

302 KAR 50:070 Prohibited products {#sec-302-kar-50-070 omnilex-key=us-ky-regs-official--title-302--302 KAR 50:070}

Section 1. Products Not to be Sold to Members of the Public.

(1) The following hemp-derived products shall not be manufactured:

(a) Hemp cigarettes;

(b) Hemp cigars;

(d) Hemp leaf material or floral material teas.

(2) The following hemp-derived products shall not be marketed, sold, or distributed to any person in Kentucky who does not hold a license from the department, or any person outside the Commonwealth (but within the United States) who is not authorized by an institution of higher education, or state department of agriculture pursuant to 7 U.S.C. 5940 and the laws of that state:

(a) Whole hemp buds;

(b) Ground hemp floral material;

(d) Any hemp product with a delta-9-THC concentration in excess of zero and three-tenths (0.3) percent.

(3) If the department finds that it is more likely than not that a person has manufactured, marketed, sold, or distributed a hemp-derived product in violation of this administrative regulation, the department shall assess a civil monetary penalty against that person of not less than $100 and not more than $1,000 per violation, in addition to possible termination of the grower licensing agreement or processor or handler licensing agreement.

History

RELATES TO: KRS 260.850-260.869, 7 U.S.C. 5940
STATUTORY AUTHORITY: KRS 260.862
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.862(1)(a) authorizes the department to promulgate administrative regulations for any industrial hemp research pilot program in the Commonwealth of Kentucky. This administrative regulation establishes classes or categories of industrial hemp products that are prohibited for sale, transfer, or distribution to members of the public.
History: 44 Ky.R. 1771; 2008; eff. 4-6-2018; Cert. eff. 1-14-2025.

302 KAR 50:080 Materials incorporated by reference {#sec-302-kar-50-080 omnilex-key=us-ky-regs-official--title-302--302 KAR 50:080}

Section 1. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Hemp Grower License Application", 2022;

(b) "Hemp Grower License Application Packet", 2022;

(d) "Greenhouse/Indoor Planting Report", October 2021;

(e) "Harvest Report", October 2021;

(f) "New Hemp Variety or Strain Request", May 2021;

(g) "Site Modification Request ", August 2021;

(h) "Processor/Handler License Application", 2022;

(i) "Processor/Handler License Application Packet", 2022;

(j) "University/College Application", 2022; and

(k) "University/College Application Packet", 2022.

History

RELATES TO: KRS 260.850-260.869, 7 U.S.C. 1639p
STATUTORY AUTHORITY: KRS 260.850-260.869, 7 U.S.C. 1639p
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.862(1) authorizes the department to promulgate administrative regulations for any Hemp Licensing Program in the Commonwealth of Kentucky. This administrative regulation establishes material incorporated by reference for 302 KAR Chapter 50, except 302 KAR 50:056.
History: 44 Ky.R. 1772; 2008; eff. 4-6-2018; 45 Ky.R. 1085, 1522; eff. 1-4-2019; 47 Ky.R. 563; eff. 3-2-2021; 48 Ky.R. 1652, 2483; eff. 7-5-2022.

Chapter 60 Produce

302 KAR 60:010 Produce safety {#sec-302-kar-60-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 60:010}

Section 1. Definitions.

(1) "Adulterated" means covered produce in any growing, harvesting, packing, or holding area that has been subject to conditions whereby it could have become contaminated with filth or microorganisms of public health significance, or whereby it could have been rendered injurious to health.

(2) "Certificate of compliance" means a certificate issued by the department for covered farms that are inventoried and subject to regulatory inspection by the department.

(3) "Certificate of exemption" means a certificate of exempt status issued by the department pursuant to Section 5 of this administrative regulation for:

(a) Farms growing only produce that is rarely consumed raw,

(b) Farms growing only produce for personal consumption or produced for consumption on the farm,

(c) Produce that receives commercial processing that adequately reduces the presence of microorganisms of public health significance, or

(d) Farms where, during the previous three (3) year period, a farmers' average of all produce sales was $25,000 or less (on a rolling basis), adjusted for inflation using 2011 as the baseline year for calculating the adjustment.

(4) "Certificate of qualified exemption" means a certificate of exempt status issued by the department pursuant to Section 4 of this administrative regulation.

(5) "Covered farm" is defined by KRS 260.765(2).

(6) "Covered produce" is defined by KRS 260.765(1).

(7) "Department" is defined by KRS 260.765(3).

(8) "Egregious condition" means a practice, condition, or situation that is reasonably likely to lead to:

(a) Serious adverse health consequences or death from the consumption of or exposure to covered produce; or

(b) An imminent public health hazard if corrective action is not taken immediately.

(9) "Farm" is defined in 21 C.F.R. Part 112 and includes both a Primary Production Farm and a Secondary Activities Farm.

(10) "Farmer" is defined as the owner, operator, or agent in charge of a covered farm that is subject to some or all of the requirements in 21 C.F.R. 112, KRS Chapter 260, and this administrative regulation.

(11) "Inspection" means an official regulatory visit conducted by the department for the purpose verifying compliance with 21 C.F.R. Part 112, KRS Chapter 260 and this administrative regulation.

(12) "Microorganisms" means microbial pathogens of public health significance.

(13) "No Action Indicated" or "NAI" means a farm inspection classification that indicates the farm is in substantial compliance, with no violating conditions or only minor violations noted at the time of inspection.

(14) "Official Action Indicated" or "OAI" means a farm inspection classification that indicates one (1) or more egregious violations materially related to food safety have been cited, or that an uncorrected VAI condition on a previous inspection has been cited.

(15) "Qualified exempt farm" means a farm that has met the eligibility requirements of KRS Chapter 260 for qualified exemption and has been issued a certificate of qualified exemption from the department.

(16) "Stop Use Order" means an order issued by the department declaring the cessation of a covered activity; use of a utensil, piece of equipment, or machinery; water distribution device; or room or area used for the production, handling, or storage of covered produce.

(17) "Voluntary Action Indicated" or "VAI" means a farm inspection classification that indicates a farm is generally in compliance, with only minor violations cited, which are not significant enough to pose an imminent health hazard.

Section 2. Right to Scheduled On-site Verification Visits. The department reserves the right to schedule, at any reasonable time, an on-site visit to verify if a farm is exempt, covered, or eligible for a qualified exemption.

Section 3. Produce Farm Survey. All covered farms and farms eligible for exemption shall be required to annually complete an Informational Survey.

Section 4. Qualified Exemption.

(1) A covered farm that meets the requirements for a qualified exemption may apply for qualified exempt status with the department by submitting an Application for Qualified Exemption.

(2) Upon the department's review of the Application for Qualified Exemption, a farm verified as having met the requirements for exemption status shall be issued a certificate of qualified exemption.

(3) A certificate of qualified exemption shall be non-transferrable.

(4) A certificate of qualified exemption shall only be issued:

(a) In the name of the applicant; and

(b) For the FSA location or locations identified in the application.

(5) Unless otherwise withdrawn, the certificate of qualified exemption shall be valid for up to three (3) years.

(6) Qualified exemption status shall be valid for the balance of the calendar year of issuance regardless of date, and for the two (2) calendar years ending December 31 thereafter. Renewals for an additional three (3) year period shall be upon submission of an Application for Qualified Exemption and accompanied by verification of the successful completion of an FDA-approved training course by the farmer.

(7) Failure to submit an updated Application for Qualified Exemption to the Department by the expiration date noted on the certificate of exemption shall result in forfeiture of the qualified exemption and the presumption by the Department that the farm shall be subject to all requirements of the KRS Chapter 260.

(8) All qualified exempt farms shall be required to complete a yearly evaluation of qualified exemption status. Once a farm's qualified exempt status changes to covered status, the farmer shall immediately notify the department.

(9) The epartment shall only withdraw a qualified exemption as established under 21C.F.R. Part 112, Subpart R or this administrative regulation. Withdrawal shall be by written notice to the farm.

(10) If a farm's qualified exemption is withdrawn by the department, the farm shall be considered "covered" and shall be subject to all requirements of 21 C.F.R. Part 112, KRS Chapter 260, or this administrative regulation.

(11) Any applicant whose application for qualified exemption has been denied or withdrawn by the department may appeal the action as established in Section11 of this administrative regulation.

(12) Any person whose qualified exemption has been withdrawn by the department may submit a written request for reinstatement of the qualified exemption.

(13) Within ten (10) days following receipt of a written request for reinstatement, including a statement signed by the farmer that, in the farmer's opinion, the condition causing the withdrawal of qualified exemption has been corrected, the department shall make an inspection, and if the inspection reveals that the condition causing the withdrawal has been corrected, the qualified exemption shall be reinstated.

Section 5. Certificate of Exemption:

(1) A farm that meets the requirements for an exemption, as established in KRS Chapter 260 may apply for a certificate of exempt status with the department by submitting an Application for Qualified Exemption.

(2) One (1) or more of the requirements established in paragraphs (a) through (d) of this subsection shall be met for a Certificate of Exemption.

(a) The farm shall only grow produce that is rarely consumed raw, specifically including: asparagus, black beans, great Northern beans, kidney beans, lima beans, navy beans, pinto beans, beets, garden (roots and tops) beets, sugar beets, cashews, sour cherries, chickpeas, cocoa beans, coffee beans, collards, sweet corn, cranberries, dates, dill (seeds and weed), eggplants, figs, ginger, hazelnuts, horseradish, lentils, okra, peanuts, pecans, peppermint, potatoes, pumpkins, mature southern field peas (such as black-eyed peas, cowpeas, crowder peas, purple hull peas, sea island peas, silver peas, and speckled peas), winter squash, sweet potatoes, and water chestnuts as established in 21 C.F.R. Part 112.2.

(b) Produce grown shall only be used for personal consumption or produced for consumption on the farm as outlined in 21 C.F.R. Part 112.2.

(c) Produce grown shall receive commercial processing that adequately reduces the presence of microorganisms of public health significance as established in 21 C.F.R. Part 112.2.

(d) During the previous three (3) year period, a farmer's average of all produce sales was $25,000 or less (on a rolling basis) adjusted for inflation using 2011 as the baseline year for calculating the adjustment as established in 21 C.F.R. Part 112.4.

(3) Upon the department's review of the Application for Qualified Exemption, a farm verified as having met the requirements for exemption status shall be issued a Certificate of Exemption.

(4) A Certificate of Exemption shall be non-transferrable.

(5) A Certificate of Exemption shall only be issued:

(a) In the name of the applicant; and

(b) For the FSA location or locations identified in the application.

(6) Unless otherwise withdrawn, the Certificate of Exemption shall be valid for as long as the farm remains in exempt status.

(7) All exempt farms shall be required to complete a yearly evaluation of exemption status. If a farm's exempt status changes to covered status, the farmer shall immediately notify the department.

Section 6. Inspection Frequency, Notices, Records.

(1) Risk prioritization. The department shall assign a risk prioritization level to each farm based on:

(a) Commodities handled.

(b) Farm acreage.

(d) Farmer attendance at a Produce Safety Alliance or FDA-approved grower training.

(e) Compliance history.

(f) Participation in an on-farm readiness review.

(g) Agricultural water source.

(h) Presence of a farm food safety plan.

(i) GAP certification or recent participation in other food safety programs.

(j) Adjacent land use.

(k) Likelihood of wildlife or animal intrusion.

(l) Geographical location of the farm.

(2) Priority designation. Inspection frequencies shall be assigned as follows:

(a) Priority 1 farms shall receive a minimum of one (1) inspection per year.

(b) Priority 2 farms shall receive a minimum of one (1) inspection every two (2) years.

(3) Regardless of a farm's priority designation, the department shall make as many additional inspections and re-inspections as are necessary for the enforcement of this administrative regulation.

(4) Inspection records. The department representative inspecting a covered farm shall record the findings on the Produce Farm Inspection Observations Report and shall provide a copy of the inspection report to the farmer.

(5) Issuances of notices. If an inspection reveals a violation of this administrative regulation, the department shall notify the farmer. In the notification, the department shall establish:

(a) The specific violations found; and

(b) A specific and reasonable period of time for the correction based on the nature of the violations found pursuant to this paragraph. The report of inspection shall state:

Failure to comply with a notice from the department, or with a time limit for correction of a violation, shall result in regulatory action up to and including civil penalties, as established in KRS Chapter 260, and
An opportunity for appeal from an adverse notice or inspection finding shall be provided if a written request is filed with the department within ten (10) days following service of notice.

(6) Service of notice. A notice provided for under this section shall be properly served if a copy of the Produce Farm Inspection Observations Report or other notice has been delivered personally to the farmer, or the notice has been sent by registered or certified mail, return receipt requested, to the last known address of farmer.

Section 7. Violations and Corrective Action Plans.

(1) If a farm has committed a violation of 21 C.F.R. Part 112, KRS Chapter 260, or this administrative regulation, an opportunity to correct the violation shall be provided in accordance with the following classifications:

(a) NAI - No changes in the inspection frequency shall be warranted under this classification;

(b) VAI - A follow-up inspection shall be warranted within a period of time not to exceed the date of the next routine inspection to determine if the violation causing this classification has been corrected; or

(c) OAI - A follow-up inspection shall be conducted within a period of time not to exceed thirty (30) days to determine if the violation causing the classification has been corrected. A farm shall also be classified as OAI if it continually fails to correct a violation previously classified under a VAI designation or if an egregious violation is noted during an inspection.

(2) Upon completion of the inspection, a recommended classification of NAI, VAI, or OAI and the timeframe for correction of the violation shall be specified on the Produce Farm Inspection Observations Report.

(3) A farm that receives an inspection classification of VAI or OAI shall submit a plan of corrective action to the department:

(a) VAI: Within thirty (30) days following the inspection; and

(b) OAI: Within ten (10) days following the inspection.

(4) Failure to submit a plan of corrective action to the department within the time frame established in subsection (3) of this section shall result in the initiation of enforcement provisions pursuant to KRS Chapter 260 and Section 10 of this administrative regulation.

(5) If, during the next inspection, the violation noted on the previous inspection has not been corrected within the timeframe established in subsection (3) of this section, the department shall:

(a) Extend the timeframe for corrective action if the department determines that progress towards compliance has been made;

(b) Issue a warning letter;

(d) Initiate enforcement provisions pursuant to KRS Chapter 260.

Section 8. Stop Use.

(1) If a duly authorized agent of the department finds, or has probable cause to believe, that a covered activity or the continued use of a utensil, piece of equipment or machinery, water distribution device, or room or area used for the production, handling or storage of covered produce could result in adulterated product, the department shall issue a Stop Use Order to the farmer.

(a) The reason for the Stop Use Order shall be documented on the Notice to Stop Use.

(b) The Notice to Stop Use shall notify all persons to discontinue a covered activity or use of a utensil, piece of equipment or machinery, water distribution device, or room or area used for the production, handling, or storage of covered produce until conditions causing the Stop Use Order have been corrected and permission for use is given by a duly authorized agent of the department.

(2) A person shall not, without department permission, utilize a piece of equipment, room, or area used for the production, handling, or storage of covered produce for which a Stop Use Order has been issued.

(3) If the department has evidence that a farmer has violated the provisions contained in this section, enforcement provisions shall be initiated pursuant to KRS Chapter 260 and Section 10 of this administrative regulation.

Section 9. Egregious Conditions, Examination, and Detention of Foods.

(1) The department shall have the authority to examine and collect water, produce, and environmental samples as often as necessary for the enforcement of this administrative regulation.

(2) A farmer shall take immediate steps to correct any egregious condition.

(3) If a duly authorized agent of the department finds or has probable cause to believe that covered produce in any growing, harvesting, packing, or holding area has been subject to conditions whereby the covered produce could have become contaminated with filth or microorganisms of public health significance, or whereby the covered produce could have been rendered injurious to health as established by KRS Chapter 260, the department shall issue a Stop Movement Order to the farmer.

(a) The reason for the order shall be documented on the Stop Movement Order.

(b) The Stop Movement Order shall give notice that the covered produce is, or is suspected of, being contaminated or injurious to health and notifying all persons not to remove or dispose of the produce by sale or otherwise until permission for removal, disposal, or diversion is given by an agent of the department or the court.

(4) The department shall issue a Notice of Voluntary Destruction to a farmer who elects to voluntarily destroy covered produce for which a Stop Movement Order has been issued.

(5) If covered produce for which a Stop Movement Order has been issued can be safely diverted by the farmer for alternative uses that do not pose a risk to human or animal health, the department, if requested, shall issue a Notice of Diversion/Change Order to the farmer.

(6) In all other instances, the department shall comply with KRS Chapter 260 regarding the disposition of produce for which a Stop Movement Order was issued.

(7) If the department has evidence that a farmer has failed to act to correct an egregious condition, enforcement provisions shall be initiated pursuant to KRS Chapter 260 and Section 10 of this administrative regulation.

Section 10. Enforcement Provisions.

(1) If the department has substantial reason to believe that a covered farm has failed to act to correct an egregious condition; if a farm owner, operator, or agent in charge has interfered with the department in the performance of its duties after its agents have duly and officially identified themselves; or if a farm has failed to comply with an OAI inspection notice within the timeframe granted, the department shall:

(a) Issue a stop work order for that portion or portions of the covered farm affected by the egregious condition;

(b) Issue a stop movement order; or

(2) In all other instances of violation of this administrative regulation, the department shall serve the registered farm with a written notice specifying the violation and afford the holder of the registration an opportunity to correct.

(3) Notices provided for under this administrative regulation shall be deemed to have been properly served if:

(a) A copy of the inspection report or other notice has been delivered personally to the registration holder or the farm person-in-charge, or

(b) The notice has been sent by registered or certified mail, return receipt.

(4) Failure to comply with any provision of this administrative regulation, 21 C.F.R. Part 112, or KRS Chapter 260 shall subject the farmer to civil penalties pursuant to KRS 260.990.

Section 11. Appeals. All appeals of KDA determinations shall be in accordance with KRS Chapter 13B.

Section 12. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Informational Survey", 06/2020;

(b) "Application for Qualified Exemption", 06/2020;

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, 111 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS Chapter 260, 21 C.F.R. Part 112
STATUTORY AUTHORITY: KRS 260.020(3), 260.030(1)(d), 260.766, 260.769(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.769(1) authorizes the Department of Agriculture to promulgate administrative regulations for the efficient administration and enforcement of Kentucky's Produce Safety Rule for covered produce and covered farms. This administrative regulation establishes a uniform code for the growing, harvesting, packing, and holding of produce for human consumption.
History: 47 Ky.R. 226, 714; eff. 11-18-2020.

Chapter 75 Regulation and Inspection; Packaging and Labeling

302 KAR 75:130 Packaging and labeling {#sec-302-kar-75-130 omnilex-key=us-ky-regs-official--title-302--302 KAR 75:130}

Section 1. All packaging and labeling of commodities shall comply with requirements of the National Institute of Standards and Technology Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality, Chapter IV-A, Uniform Packaging and Labeling Regulation (PAL), with the exception of Sections 13, 14, and 15.

Section 2. Incorporation by Reference.

(1) "Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality", 2019, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the office of the Department of Agriculture, Division of Regulation and Inspection, 107 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 363.510, 363.720, 363.730
STATUTORY AUTHORITY: KRS 363.590
NECESSITY, FUNCTION, AND CONFORMITY: KRS 363.590(1)(a) requires that administrative regulations be filed and used in the enforcement of the weights and measures requirements established by KRS 363.510 – 363.850 relating to packaging and labeling of commodities. This administrative regulation establishes requirements for accurate information on packages as to the identity and quantity of contents so that purchasers can make price and quantity comparisons.
History: 29 Ky.R. 594; Am. 938; eff. 10-9-2002; 46 Ky.R. 622, 1111; eff. 10-7-2019; Cert eff. 2-2-2026.

Chapter 76 Regulation and Inspection; Method of Sale

302 KAR 76:100 Method of sale {#sec-302-kar-76-100 omnilex-key=us-ky-regs-official--title-302--302 KAR 76:100}

Section 1. All method of sale procedures shall comply with requirements of the National Institute of Standards and Technology Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality, Chapter IV-B, Uniform Regulations for the Method of Sale of Commodities (MOS), with the exception of Sections 4 and 5.

Section 2. Incorporation by Reference.

(1) "Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality", 2019, is incorporated by reference.

History

RELATES TO: KRS 363.510, 363.710(1), 363.770, 363.780, 363.800
STATUTORY AUTHORITY: KRS 363.590, 363.710(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 363.710(2) authorizes the Director of the Division of Regulation and Inspection to promulgate administrative regulations that are necessary to assure that amounts of commodity sold are determined in accordance with good commercial practice and are represented accurately and informatively. This administrative regulation establishes requirements for accurate and adequate information about commodities to allow purchasers to make price and quantity comparisons.
History: 29 Ky.R. 597; Am. 938; eff. 10-9-2002; 46 Ky.R. 623, 1111; eff. 10-7-2019; Cert eff. 2-2-2026.

Chapter 79 Regulation and Inspection; Motor Fuel

302 KAR 79:011 Motor fuel quality testing and inspection program {#sec-302-kar-79-011 omnilex-key=us-ky-regs-official--title-302--302 KAR 79:011}

Section 1. Definitions.

(1) "Administrative Stop-Sale Order" means a motor fuel product is ordered removed from sale to the consumer due to a violation not related to motor fuel quality standards and specifications.

(2) "Alternative fuel" means methanol, denatured ethanol, and other alcohols; mixtures containing eighty-five (85) percent or more by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal derived liquid fuels; fuels, other than alcohol, derived from biological materials.

(3) "Anti-Knock Index" or "AKI" means the arithmetic average of the Research Octane Number (RON) and Motor Octane Number (MON): AKI = (RON+MON)/2; this value is called by a variety of names, in addition to anti-knock index, including: Octane rating, Posted octane, (R+M)/2 octane.

(4) "Automotive Fuel Rating" means the automotive fuel rating required under the amended Automotive Fuel Ratings, Certification and Posting Rule, 16 C.F.R. Part 306. The automotive fuel rating for alternative non-liquid automotive fuels is expressed in 16 C.F.R. Part 309.

(5) "Aviation gasoline" means a type of gasoline suitable for use as a fuel in an aviation spark-ignition internal combustion engine.

(6) "Aviation turbine fuel" means a refined middle distillate suitable for use as a fuel in an aviation gas turbine internal combustion engine.

(7) "Biodiesel" means a fuel comprised of, at least ninety-nine (99) percent by volume, mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats, designated B–100 or B–99.

(8) "Biodiesel blend" means hydrocarbon-based diesel fuel blended with between six (6) and twenty (20) percent by volume biodiesel and can contain fuel additives.

(9) "Biomass-based diesel" means a diesel fuel substitute produced or co-produced from nonpetroleum renewable resources that meets the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under 42 U.S.C. 7545§ (o) (1) (D), and includes fuel derived from animal wastes, including poultry fats and poultry wastes, and other waste materials, or from municipal solid waste and sludges and oils derived from wastewater and the treatment of wastewater.

(10) "Distributor" means any carrier or supplier that transports or stores, or causes the transportation or storage, of motor fuel without taking title to or otherwise having ownership of the motor fuel and without altering either the quality or quantity.

(11) "Ethanol flex fuel blends", commonly known as "Flex Fuel", means gasoline-ethanol mixtures of more than fifty-one (51) percent but not greater than eighty-three (83) percent ethanol by volume, restricted for use as fuel in vehicles equipped with flexible-fuel spark ignition engines.

(12) "EPA" means the United States Environmental Protection Agency.

(13) "Gasoline-oxygenate blend" means a fuel consisting primarily of gasoline blended with more than one (1) percent by volume oxygenate, with more than three tenths (0.3) of a percent by volume methanol; this includes gasoline-ethanol blends containing between one (1) and fifteen (15) percent ethanol by volume.

(14) "Internal combustion engine" means a device used to generate power by converting chemical energy bound in a fuel via spark-ignition or compression-ignition engine combustion into mechanical work to power a vehicle or other device.

(15) "License" means retail motor fuel license.

(16) "License holder" means the person, owner, or retailer or their delegated representative, that is financially responsible for the cost of fees, fines, corrective actions, and remediation of motor fuel quality, to ensure compliance with the Motor Fuel Inspection and Testing Program pursuant to KRS 363.900-908.

(17) "Manifolded" means a piping connection between two (2) or more tanks that allows fuel to freely flow from one tank to another thus drawing product from multiple tanks.

(18) "Mid-level ethanol flex fuel blends" means gasoline-ethanol mixtures containing between sixteen (16) and fifty (50) percent ethanol by volume, restricted for use in flexible-fuel vehicles with automotive spark-ignition engines.

(19) "Motor Fuel Quality Stop-Sale Order" means a motor fuel product is ordered removed from sale to the consumer for failure to conform to minimum specifications for the particular type, class, and grade.

(20) "Oxygenate" means an oxygen-containing organic compound, such as an alcohol, like ethanol, that can be used as a fuel or fuel supplement.

(21) "Person" means an individual, partnership, corporation, company, firm, association, or other business entity.

(22) "Premium diesel" means diesel fuel identified on retail dispensers with an additional term incorporated directly in a product or grade name that differentiates the fuel and implies the fuel provides properties that meet or exceed the minimum requirements of the NIST Handbook 130 Uniform Engine Fuels and Automotive Lubricants Regulation, §2.2.1 for Premium Diesel Fuel.

(23) "Product transfer documentation" means a bill of lading, invoice, loading, delivery, or meter ticket, bill of sale, or any combination of product delivery documentation meeting the requirements established in this administrative regulation, that shall accompany a shipment of motor fuel.

(24) "Racing gasoline" means a specialty fuel typically used in non-road racing vehicles that is generally of lower volatility and has a narrower boiling range and a higher octane rating than gasoline or gasoline-oxygenate blends made for use in conventional passenger vehicles.

(25) "Reid Vapor Pressure" or "RVP" means a measure of the volatility of gasoline and gasoline-oxygenate blends. It is the property of a liquid fuel that distinguishes its evaporation characteristics.

(26) "Storage tank" means a tank located either above or below ground used to hold motor fuel intended for retail sale.

(27) "V/L" means vapor to liquid ratio.

Section 2. Licensing and Renewal.

(1)

(a) A person shall not offer for sale retail motor fuel to consumers without first obtaining a license from the department.

(b) Operating a retail facility without a retail motor fuel license shall result in the placement of an Administrative Stop-Sale Order pursuant to a Level 6 Civil Penalty on all motor fuel offered for sale.

(2) Each retail facility motor fuel license shall be effective from the date of issuance until January 31 of the following calendar year.

(3) After January 31, 2023, the department shall provide the ability to apply for or renew retail motor fuel licenses online.

(a) Paper applications and payments shall no longer be accepted after January 31, 2023.

(b) Paper applications and payments submitted after January 31, 2023 shall not be processed.

(4) A valid retail motor fuel license shall be conspicuously displayed at the retail facility.

(5) A retail motor fuel license shall be non-transferable.

(6) A retail motor fuel license shall not be issued without an application having been first submitted.

(a) An application shall be complete upon submission to the department. An incomplete application shall not be processed.

(b) Payment shall be by money order or cashier's check, made payable to Kentucky State Treasurer and mailed to the Kentucky Department of Agriculture, Division of Regulation and Inspection, 107 Corporate Drive, Frankfort, Kentucky 40601; or debit or credit through the department's online portal.

(d) Payments received without a completed application shall not be processed.

(e) The license holder shall affirm or modify the availability of each motor fuel offered for sale with each license application or renewal, including any motor fuel subject to a Declaration of Non-Sale, as established in Section 9(10) of this administrative regulation..

(f) The license holder shall confirm that all retail dispensing devices used for retail sales shall comply with 302 KAR 81:010.

(7) Unpaid fines assessed under the Motor Fuel Quality Testing and Inspection Program shall be grounds for the denial of license issuance.

(8) A license holder shall not offer for sale a new motor fuel, or a motor fuel not established in this administrative regulation or 302 KAR 79:012, without first notifying the department in writing.

(9) A license holder shall notify the department in writing within ten (10) consecutive days of any of the following events:

(a) The Retail Facility closes;

(b) The License Holder information changes;

(d) A retail facility has a storage tank that has been entered into temporary closure, in accordance with any law or regulation.

Section 3. Labeling.

(1) The label showing the minimum automotive fuel rating shall meet the same specifications required in 16 C.F.R. Part 306 or 16 C.F.R. Part 309.

(2)

(a) Retail dispensing devices shall display the octane rating certified on the product transfer documentation to the license holder of gasoline and gasoline-oxygenate blends being offered for sale to consumers.

(b) At least one (1) label on the face of the dispenser shall identify the octane rating.

(c) If two (2) or more gasolines or gasoline-oxygenate blends with different octane ratings are sold from a single dispenser, then a separate label for each octane rating shall be placed on the face of the dispenser.

(3) Labels shall be placed conspicuously on the dispenser and be in full view of consumers. Labels shall be placed as near as reasonably practical to the price.

(4) During remediation the posted automotive fuel rating may differ from that certified on the product transfer documentation; otherwise, the posted automotive fuel rating shall meet or exceed the certification on the product transfer documentation.

(5)

(a) In addition to this regulation, for gasoline containing less than one (1) percent by volume oxygenate a label shall be posted that contains words such as "neat," "conventional," "recreational," "alcohol free," "contains no ethanol," or other language approved by the department.

(b) The label shall not contain the following: "100 %" or "pure gasoline."

(6) Gasoline and gasoline-oxygenate blends shall be labeled in accordance with 302 KAR 79:012, Section 1(5)(a) through (c).

(7) Gasoline-ethanol blends containing greater than ten (10) percent, up to and including fifteen (15) percent, shall be labeled in accordance with the EPA dispenser labeling requirements in 40 C.F.R. 1090.1510.

(8) No later than January 31, 2023, the selector identifying Ethanol Flex Fuels containing at least fifty-one (51) percent and no greater than eighty-three (83) percent ethanol by volume shall be labeled as either:

(a) "Ethanol Flex Fuel";

(b) "E-85";

(c) The numerical value representing the percentage by volume ethanol in the fuel, rounded to the nearest multiple of ten (10), followed by the percentage sign followed by the term "Ethanol";

(d) The phrase, "Contains 51% - 83% Ethanol"; or

(e) Containing the requirements of 16 C.F.R. 306.12 (4).

In addition to the requirements of paragraphs (a) through (d) of this subsection, an additional label, meeting the requirements of 16 C.F.R. 306.12 (4), shall be in a prominent place, as close to the selector as practical.
The label shall be positioned to clearly identify which control the consumer will use to select the Ethanol Flex Fuel.
Illustrations of Ethanol Flex Fuel labels. Labels shall meet the specifications in this section and shall look like these examples, except the black print shall be on the appropriately colored orange background and the knock-out print within the black band shall be orange.

(9) Aviation gasoline shall be identified by the grade terms contained in the latest version of ASTM D6227, Standard Specification for Unleaded Aviation Gasoline Containing a Non-hydrocarbon Component, ASTM D7547, Standard Specification for Hydrocarbon Unleaded Aviation Gasoline, and ASTM D910, Standard Specification for Leaded Aviation Gasolines for the particular type and grade.

(10) Aviation turbine fuels shall be identified as grades Jet A, Jet A-1, or Jet B.

(11) A racing gasoline label shall display an AKI that meets or exceeds the certification on the product transfer documentation.

(12) Diesel fuel other than No. 2-D shall be identified on the dispenser by grade.

Section 4. Retail Product Storage Identification.

(1) To facilitate retail motor fuel product storage identification, each product storage tank or vessel shall consist of a lid or access point, rim or fixed component, and collar or permanent label.

(a) Each lid or access point and rim or fixed component for any motor fuel product storage tank or vessel at the retail level shall be permanently, plainly, and vividly marked to identify the product contained inside by means of a description and color as designated in the published API Recommended Practice 1637; Equipment Color-Symbols System, Figures 1-3 and with a collar or permanent label.

(b) In addition to a collar or permanent label, the lid or access point, and rim or fixed component shall be identified by one of the following methods:

Paint the lid or access point and rim or fixed component, then place a collar or permanent label near or around the access point that states the name or description of the product such as "Regular E10"; or
Paint the lid or access point and rim or fixed component, then fit a collar permanent label inside the lid or access point.

(2) If a retail motor fuel product is not covered in the publication API Recommended Practice 1637; Figures 1-3 Equipment Color Symbols System, the product shall be permanently, plainly, and vividly marked to identify the product contained inside.

(3) To identity motor fuel products stored at the retail facility, a license holder shall place, in a conspicuous location, a legible chart identifying any of the following, if applicable:

(a) The location of each storage tank in use;

(b) The type and grade of motor fuel in each storage tank;

(d) Any dispenser displaying a single product or grade on multiple buttons;

(e) The dispenser supplied by each storage tank; and

(f) Any product subject to a Declaration of Non-Sale.

Section 5. Product Transfer Documentation.

(1) The requirements of this section shall be in addition to, and not in substitution of, other requirements established in any federal statute or regulation.

(2) Products regulated by this administrative regulation shall be accompanied by transfer documentation that detail components of the motor fuel.

(3) A legible paper copy, or digital representation, of the product transfer documentation shall be made available to the department prior to the conclusion of the inspection or upon request.

(4) With the exception of Section 7(2)(b) of this administrative regulation, each license holder selling motor fuel shall retain product transfer documentation for each grade at the location where the motor fuel is transferred for at least the last five (5) deliveries.

(5) The license holder shall make available to the department upon request product transfer documentation that shall state for each type and grade of motor fuel, the:

(a) Type of motor fuel being transferred;

(b) Automotive fuel rating of the motor fuel being transferred;

(d) Name and address of the transferee;

(e) Volume of motor fuel being transferred; and

(f) Date of the transfer.

(6) Product transfer documentation shall include:

(a) For gasoline, the statement "The RVP does not exceed {fill in appropriate value} psi";

(b) For gasoline containing no oxygenate, the statement, "Contains no oxygenate";

For gasoline blended with less than nine (9) percent by volume ethanol, the following statement: "Contains up to X % ethanol. The RVP does not exceed {fill in appropriate value} psi." The term X refers to the maximum volume percent of ethanol present in the gasoline;
For gasoline blended with between nine (9) and ten (10) percent, by volume ethanol, the following statement: "Contains between 9% and 10% ethanol"; and
For gasoline blended with greater than ten (10) percent, by volume, and not more than fifteen (15) percent, by volume ethanol the following statement: "Contains between 10% and 15% ethanol"; and

(d) For gasoline blended with an oxygenate other than ethanol, a statement declaring the name and percentage by volume of any oxygenate or combination of oxygenates present.

(7) Product transfer documentation pertaining to mid-level ethanol flex fuel and ethanol flex fuel blends, shall be represented by the numerical value representing the percentage by volume ethanol in the fuel, followed by the percentage sign followed by the term "Ethanol. Use Only in Flex Fuel Vehicles/May Harm Other Engines".

(a) For Mid-Level Ethanol Flex fuel blends containing more than sixteen (16) percent and no greater than fifty (50) percent ethanol by volume, the numerical value representing the percentage by volume ethanol in the fuel, shall be rounded to the nearest multiple of ten (10), followed by the percentage sign followed by the term "Ethanol".

(b) For ethanol flex fuel blends containing more than, at least, fifty-one (51) percent and no greater than eighty-three (83) percent by volume of ethanol, the numerical value representing the percentage by volume ethanol in the fuel, shall be rounded to the nearest multiple of ten (10), followed by the percentage sign followed by the term "Ethanol", or the phrase, "Contains 51% - 83% Ethanol".

(8) Diesel fuel blended with more than five (5) percent by volume biomass-based diesel or biodiesel shall include, a disclosure of the biomass-based diesel or biodiesel component, expressed as the percentage by volume in the product transfer documentation. Diesel fuel shall also include a statement declaring the grade as either "No.1-D" or "No. 2-D".

(9) Product transfer documentation pertaining to premium diesel shall be so identified.

(10) Biodiesel blend stock shall be identified by the letter "B" followed by the numerical value representing the percentage by volume of biodiesel either "B-99" or "B-100", followed by the term "Biodiesel Blend Stock".

(11) 100% Biomass-Based diesel shall be identified by the phrase, "Contains 100% Biomass-Based diesel".

(12) Alternative fuel, with one (1) principal component, shall be identified by indicating the commonly-used name of the fuel along with a disclosure of the amount, expressed as a minimum percentage by volume; such as "M-85, Minimum 85% Methanol".

(13) Alternative fuel, with two (2) principle components, shall be identified by indicating the commonly-used name of the fuel along with a disclosure of the two (2) principle components, expressed as a minimum percentage by volume; such as "LPG, Minimum 90% Propane, 2% Butane".

Section 6. Unattended Stations. The license holder of a retail motor fuel dispensing site that is unstaffed shall comply with all motor fuel quality requirements established in this administrative regulation.

Section 7. Inspection of Premises.

(1) The department's inspector shall present agency identification to the license holder prior to obtaining samples.

(2)

(a) The department shall have access to all distributor and retail facility records relating to the distribution or sale of retail motor fuel.

(b) If a license holder sells retail motor fuel at more than one (1) location, the product transfer documentation may be retained at a central location if the product transfer documentation is made available to the inspector prior to the conclusion of the inspection.

(3) At each retail facility, having more than one (1) dispenser per product, the license holder shall identify and affix all dispensers with an alphabetical or numerical designation.

(4) Each retail location shall have on file a chart or other means of determining each products volume in gallons. This information shall be supplied prior to conclusion of the inspection or upon request.

(5) The department shall have access to all motor fuel intended for retail sale for the purpose of examination, inspection, taking of samples, and investigations. A license holder shall not hinder or obstruct the department in the reasonable performance of its duties.

(a) If access is denied by the license holder, an Administrative Stop-Sale Order may be issued on the product identified by the department to be inspected until access is granted, even if the product has been removed from sale.

(b) A license holder shall be exempt from this section by providing proof that no motor fuel is in the tank at the time of the inspection.

(6) A receipt, either printed by a device or written in clear hand script shall be provided to the department's inspector. Failure to meet the requirements of paragraphs (a) through (f) of this subsection shall result in the issuance of a Level 1 Civil Penalty. Receipts shall include:

(a) Retail facility address;

(b) Date of the transaction;

(d) Total volume of motor fuel dispensed;

(e) Identity of the product by name, symbol, or abbreviation; and

(f) Dispenser designation by either an alphabetical or numerical description.

(7) If the design, construction, or location of any storage tank is such as to require special equipment, accessories, or access for use or motor fuel return, the equipment, accessories, or access shall be supplied by the license holder.

Section 8. Sampling of Motor Fuel.

(1) Samples of motor fuel collected for testing shall be pumped, pulled, drawn, or otherwise procured in accordance with the most recent standard practice for the particular type, class, and grade of the motor fuel, using a standard or method detailed in one (1) of the following:

(a) ASTM D4057-19, Standard Practice for Manual Sampling of Petroleum and Petroleum Products;

(b) ASTM D5842-19, Standard Practice for Sampling and Handling of Fuels for Volatility Measurement; or

(2) Only gasoline, gasoline-oxygenate blends, and diesel fuel shall be subject to random sampling.

(3) Samples of not more than one (1) gallon per grade, per source, per inspection shall be collected from any distributor or retail facility without cost to the state. If the same type and grade of motor fuel from multiple storage tanks, which are not manifolded, is offered for sale at a retail facility a sample of each type and grade shall be obtained.

(4) If a motor fuel quality Notice of Violation has been issued because of a complaint or random or department-initiated inspection, the department shall pay the cost of the laboratory analysis associated with an initial inspection and the first and second follow-up inspections, if required.

(a) The license holder shall be responsible for payment of a percentage of the cost of each subsequent laboratory analysis needed to verify compliance with KRS 363.900 - 363.908 and this administrative regulation. This includes a specification test that was not applicable at the time of the initial inspection but is applicable at the time of the subsequent inspection.

The license holder shall be required to pay fifty (50) percent of the cost of the laboratory analysis for the third follow-up inspection.
The license holder shall be required to pay one-hundred (100) percent of the cost of the laboratory analysis for the fourth and any subsequent follow-up inspections.
Laboratory analysis costs shall be paid by the license holder to the department prior to the follow-up inspection.
Payment of costs shall be in the form of a money order or cashier's check, made payable to Kentucky State Treasurer and mailed to the Kentucky Department of Agriculture, Division of Regulation and Inspection, 107 Corporate Drive, Frankfort, Kentucky 40601; or debit or credit through the department's online portal.

(b) If the department determines that a test, not performed in a previous laboratory analysis, is necessary the department shall pay the cost of the additional testing.

Section 9. Enforcement.

(1) Any license holder found by the department to be in violation of KRS 363.900 - 363.908, this administrative regulation, or 302 KAR 79:012, shall receive a Notice of Violation by personal service or certified mail detailing the facts constituting the citation of the violation and the assessment of a fine, if applicable.

(a) Each Notice of Violation shall state the amount of the fine. Fine amounts shall be determined in accordance with Motor Fuel Quality Testing and Inspection Program Civil Penalty Guidelines, Form KDA-OCEP-MF-01.

If a finding of the department results in the issuance of a Level 2, 3, 4, or 5 Civil Penalty, the assessed fine or order shall be afforded a case review upon written request.
If a finding of the department results in the issuance of any Level 1 Civil Penalty, it shall be prima facie evidence of the fact or facts found therein, and the fine amount shall constitute a Final Agency Action and shall not be subject to a case review.

(b) A follow-up inspection shall be conducted for every motor fuel quality violation resulting in a Level 2 Penalty and above.

(2)

(a) Operating without a retail motor fuel license shall be a violation of KRS 363.904(1), which shall result in the placement of an Administrative Stop-Sale Order pursuant to a Level 6 Civil Penalty on all motor fuel offered for sale. The issuance of a citation for a violation of the statute shall be prima facie evidence of the fact or facts found therein. The Administrative Stop-Sale Order on all motor fuel offered for sale at the retail facility shall constitute a Final Agency Action and shall not be subject to a case review.

(b) A Level 6 Civil Penalty may be remediated by filing an application to obtain or renew a license.

(3) Remediation options may include removing and replacing or upgrading the motor fuel in storage to conform to minimum specifications for the particular type, class, and grade; or otherwise addressing the cause of the violation.

(4) If a Notice of Violation or a Follow-up Failure has been issued, the license holder, within ten (10) consecutive day's receipt of the Notice:

(a)

Shall provide remediation documentation to the department describing the corrective action taken to resolve the violation; or
If the license holder has not provided the department with documentation in writing by the expiration of the ten (10) consecutive days, the product that was the subject of the violation shall be subject to an Administrative Stop-Sale Order and subject to a Level 5 Civil Penalty by the department; or

(b) May request a case review, as provided in Section 9(1)(a)1. of this administrative regulation.

(5) The department shall obtain a follow-up sample from the retail facility for analysis within a period not to exceed three (3) business days, from receipt of remediation documentation as required in Section 9(4)(a) of this administrative regulation. If the remediation action taken results in the downgrading of the posted automotive fuel rating, which is evidenced by photo documentation that complies with Section 3(1) of this administrative regulation, a follow-up sample shall not be required.

(6) An Administrative Stop-Sale Order or a Motor Fuel Quality Stop-Sale Order may be included with a Notice of Violation or Follow-up Failure Notification.

(a) If a Motor Fuel Quality Stop-Sale Order is issued, the product identified in the Notice of Violation shall be removed from sale to the consumer.

(b) A product shall remain under a Motor Fuel Quality Stop-Sale Order until subsequent sampling and analysis by the department verifies its compliance.

(c) The department shall notify the license holder of its decision to remove Motor Fuel Quality Stop-Sale Order within a period not to exceed three (3) business days upon receipt of analysis indicating conformance with the minimum specification for the particular type, class, and grade of the motor fuel.

(7) Motor fuel not in compliance with this administrative regulation shall be subject to a Motor Fuel Quality Stop-Sale Order. The license holder shall be notified of the Motor Fuel Quality Stop-Sale Order.

(a) The Motor Fuel Quality Stop-Sale Order shall be in writing and contain an explanation of the violation.

(b) The department shall notify the licensee of analytical test results not later than the first business date following the department's receipt of results from the testing laboratory.

(c) If the department has made a determination that a violation has been resolved, the Motor Fuel Quality Stop-Sale Order shall be removed.

(d) A Motor Fuel Quality Stop-Sale Order shall apply to the product for which sample analysis inicates a violation.

(e) The Motor Fuel Quality Stop-Sale Order shall extend to motor fuels blended from any product placed under a Motor Fuel Quality Stop-Sale Order.

(8) Irrespective of ownership, any Motor Fuel Quality Stop-Sale Order shall remain in effect until remediation documentation, detailing the corrective action taken, has been received, in writing, from the license holder. A product shall continue to remain under a Motor Fuel Quality Stop-Sale Order until subsequent sampling and analysis by the department verifies compliance with KRS 363.900 - 363.908 and this administrative regulation. If needed, the department may obtain a follow–up sample from the retail facility for analysis. This requirement shall remain in effect if there is a change in licensure or ownership.

(9) The fine shall be paid within thirty (30) consecutive day's receipt of the Notice of Violation unless a case review is requested pursuant to Section 9(1)(a)1. of this administrative regulation. Failure to pay a fine within thirty (30) consecutive day's receipt of the violation shall be subject to an Administrative Stop-Sale Order being issued by the department.

(10) Declaration of Non-Sale. If the license holder is unable to achieve, or elects not to achieve, motor fuel quality compliance, the license holder may remove a non-compliant motor fuel from sale to the consumer by obtaining a Declaration of Non-Sale. A Declaration of Non-Sale shall have the effect of a Motor Fuel Quality Stop-Sale Order on any retail motor fuel product to which it applies.

(a) A retail facility shall have a maximum of two (2) motor fuels subject to a declaration of non-sale at a time.

(b) If the fine associated with a motor fuel quality violation has been paid and the license holder is unable to achieve, or elects not to achieve, motor fuel quality compliance, the license holder may provide a notarized Declaration of Non-Sale to the department, on Form KDA-OCEP-MF-04, stating that the retail facility shall no longer offer for sale a specific type and grade of motor fuel.

A separate Declaration of Non-Sale shall be submitted for each type and grade of motor fuel.
Each Declaration of Non-Sale shall be complete upon submission.
An incomplete Declaration of Non-Sale shall not be accepted or certified.
The certified Declaration of Non-Sale shall be conspicuously displayed at the retail facility.

(c) If the fine associated with a motor fuel quality violation has not been paid and the license holder made a timely request for a case review and is unable to achieve, or elects not to achieve, motor fuel quality compliance, the license holder may be granted a Temporary Declaration of Non-Sale, contingent upon payment of the fine that is the subject of the case review.

A Temporary Declaration of Non-Sale is subject to the requirements established in Section 9(10)(b)1. through 4. of this administrative regulation.
The case review shall be conducted in accordance with Section 10 of this administrative regulation.
After the license holder pays the fine stated in a Notice of Final Agency Action, the license holder may provide a notarized Declaration of Non-Sale to the department, on Form KDA-OCEP-MF-04, stating that the retail facility shall no longer offer for sale a specific type and grade of motor fuel.
If the license holder fails to pay a fine stated in a Notice of Final Agency Action within fifteen (15) consecutive days after the receipt of the Notice, the Temporary Declaration of Non-Sale shall be revoked and the product shall be placed under an Administrative Stop-Sale Order.

(d) Remediation. A Declaration of Non-Sale may be remediated by removing and replacing the affected motor fuel in storage and providing detailed documentation to the department of the corrective action taken.

The license holder under which the Declaration of Non-Sale was certified shall be responsible for payment of a percentage of the cost of each laboratory analysis needed to verify compliance with KRS 363.900 through 363.908 and this administrative regulation.

a. The license holder shall pay fifty (50) percent of the cost of the laboratory analysis for the first inspection of remediation.

b. The license holder shall pay 100 percent of the cost of the laboratory analysis for the second and any subsequent inspections of remediation.

c. Remediation documentation and laboratory analysis costs shall be received by the department prior to the follow-up inspection.

d. Payment of costs shall be in the form of a money order or cashier's check, made payable to Kentucky State Treasurer and mailed to the Kentucky Department of Agriculture, Division of Regulation and Inspection, 107 Corporate Drive, Frankfort, Kentucky 40601; or debit or credit through the department's online portal.

e. If the department determines that a test, not performed in a previous laboratory analysis, is necessary the department shall pay the cost of the additional testing.

If there has been a change in ownership and the license holder elects to achieve motor fuel quality compliance, the license holder shall be responsible for payment of a percentage of the cost of each laboratory analysis needed to verify compliance with KRS 363.900 through 363.908 and this administrative regulation.

a. The department shall pay the cost of the laboratory analysis associated with an initial inspection of remediation.

b. The license holder shall pay fifty (50) percent of the cost of the laboratory analysis for the first inspection of remediation.

c. The license holder shall pay one-hundred (100) percent of the cost of the laboratory analysis for the second and any subsequent inspections of remediation.

d. Corrective action documentation shall be received by the department prior to inspection of remediation. Except for the initial inspection of remediation, laboratory analysis fees shall be received by the department prior to the follow-up inspection.

e. Payment of costs shall be in the form of a money order or cashier's check, made payable to Kentucky State Treasurer and mailed to the Kentucky Department of Agriculture, Division of Regulation and Inspection, 107 Corporate Drive, Frankfort, Kentucky 40601; or debit or credit through the department's online portal.

f. If the department determines that a test, not performed in a previous laboratory analysis, is necessary the department shall pay the cost of the additional testing.

(11) If a license holder fails to pay a fine stated in a Notice of Final Agency Action, within fifteen (15) consecutive day's receipt of the Notice, the product that was the subject of the violation shall be placed under an Administrative Stop-Sale Order and subject to a Level 5 Civil Penalty.

(12) Offering for sale a motor fuel product that has been placed under a Motor Fuel Quality Stop-Sale Order or that is subject to a Declaration of Non-Sale, shall be subject to a Level 5 Civil Penalty and fine.

(13) If a license holder offers motor fuel for sale in violation of an Administrative Stop-Sale Order pursuant to a Level 5 Civil Penalty, a fine shall be assessed for each type, class, and grade of fuel offered for sale.

(14) Each violation of this administrative regulation shall be deemed a separate occurrence for the purpose of the Civil Penalty and Fine Assessment.

Section 10. Case Review and Appeal.

(1) A Level 1 Civil Penalty shall not be subject to a case review. A Level 1 Civil Penalty may be appealed to the Office of the Attorney General, in accordance with Section 11 of this administrative regulation.

(2) A Level 6 Civil Penalty shall not be subject to a case review. A Level 6 Civil Penalty may be appealed to the Office of the Attorney General, in accordance with Section 11 of this administrative regulation.

(3) A request for a case review shall be made in writing, within ten (10) consecutive days receipt of the department's Notice of Violation.

(4) A license holder may respond to a Notice of Violation, within ten (10) consecutive days of receipt of the department's Notice, by requesting a case review or paying the assessed civil penalty. If no request for a case review is made within the ten (10) day period, then the Notice of Violation shall be deemed to be a Final Order for the purposes of KRS Chapter 13B.

(5) Upon receipt of a request, the department shall notify the license holder of a case review date. If the license holder is experiencing financial hardship and requests a reduction in a fine amount, prior to the date of the case review, the license holder shall submit three (3) most recent bank statements or other relevant documentation. The license holder may also submit, prior to the case review date, documentation detailing corrective action and cost incurred.

(6) Case reviews shall be heard by an administrative panel consisting of five (5) members who shall be designated by the department.

(a) Five (5) members present shall constitute a quorum.

(b) The panel shall include at least one (1) person who is not affiliated with the motor fuel program.

(7) The members of the administrative panel shall not be required to accept or consider information or documents that were not received at least three (3) business days prior to the case review date.

(8) A license holder may appear before the administrative panel either in person or via telephonic conference. A case review shall be requested and scheduled in advance.

(9) Using the notarized Notice for Designation of Proxy for Case Review, Form KDA-OCEP-MF-03, a license holder may designate a proxy to appear as its representative before the administrative panel. Although it is not required, a license holder may designate legal counsel. The form for proxy representation shall be notarized and submitted at least three (3) business days prior to a case review. Nothing in this subsection shall be construed as authorizing the unlicensed practice of law.

(10) A license holder may request to reschedule a case review for good cause.

(a) The request to reschedule shall be submitted to the department in writing.

(b) The request to reschedule shall be received at least seven (7) consecutive days prior to the case review date.

(11) The administrative panel may consider the degree and extent of harm caused by the violation, the cost of rectifying the noncompliance, the amount of financial benefit derived from the violation, whether the violation was committed willfully, and the compliance record of the license holder for determining the fine's recalculation. The administrative panel shall document its review using the Motor Fuel Administrative Case Review Guidelines, Form KDA-OCEP-MF-02.

(12) Failure of a license holder to attend a scheduled case review shall result in a determination by default and the department shall issue a Notice of Final Agency Action stating that the violation and fine assessed remain as originally issued.

(13) If a license holder fails to pay a fine stated in a Notice of Final Agency Action, within fifteen (15) consecutive days after the receipt of the Notice, the product that was the subject of the violation shall be placed under an Administrative Stop-Sale Order by the department.

(14) Within ten (10) consecutive day's receipt of Notice of Final Agency Action a Formal Administrative Hearing may be requested to appeal the decision of a Final Agency Action.

Section 11. Formal Administrative Hearing.

(1) A Final Agency Action shall be subject to a Formal Administrative Hearing to be conducted in accordance with KRS Chapter 13B.

(2) Upon receipt of a Notice of Final Agency Action, an aggrieved party may, within ten (10) days, request in writing to the department, a hearing to contest the validity of the department's action.

(3) A request for a Formal Administrative Hearing shall be in writing.

(4) A request for a Formal Administrative Hearing shall state the reason the aggrieved party believes the departments' action was erroneous.

(5) A request for a Formal Administrative Hearing shall be submitted to the Department of Agriculture, Office of Legal Services, 107 Corporate Drive, Second Floor, Frankfort, Kentucky 40601, within ten (10) days after the Notice of Final Agency Action is received.

Section 12. Civil Penalties. Failure to comply with this administrative regulation may result in a combination of:

(1) Issuance of a Notice of Violation;

(2) Assessment of a fine;

(3) Issuance of an Administrative Stop-Sale Order;

(4) Issuance of a Motor Fuel Quality Stop-Sale Order; or

(5) Placement of an Administrative Stop-Sale Order on all motor fuel offered for sale at the retail facility.

Section 13. Consumer Motor Fuel Quality Complaints.

(1) Any person wishing to make a complaint about a deficiency in the quality of a motor fuel that was purchased within the Commonwealth shall file, not later than fourteen (14) consecutive days after the date of the complainant purchase of that motor fuel from the retail facility, a written complaint to the department including:

(a) The name and contact information for the complainant;

(b) The name and street address of the retail facility where the motor fuel was purchased and the dispenser number, if known;

(d) The grade of the motor fuel that was purchased; and

(e) A description of the deficiency.

(2) The department shall not be required to investigate complaints meeting one (1) or more of the following:

(a) The complaint was submitted to the department more than fourteen (14) consecutive days after the date of the complainant purchase from the retail facility;

(b) The complainant is unable to specifically identify the retail facility that is the source of the motor fuel that is the subject of the complaint;

(c) The department has reason to believe that repeated complaints regarding the same retail facility are intended to unduly penalize the retail facility or to disrupt the essential functions of the department;

(d) The complainant is not the owner of the vehicle or equipment damaged, the person who purchased the motor fuel, or a member of that person's immediate family;

(e) The complaint is determined by the department to relate to a topic other than the quality of a motor fuel; or

(f) The motor fuel referenced in the complaint is no longer present when the department arrives to conduct an investigation.

Section 14. Incorporated by Reference.

(1) The following material is incorporated by reference:

(a) "API Recommended Practice" 1637; 4th Edition, (April 2020), Using the API Color-Symbol System to Identify Equipment, Vehicles, and Transfer Points for Petroleum Fuels and Related Products at Dispensing Facilities and Distribution Terminals;

(b) "ASTM Standard D4057-19, Standard Practice for Manual Sampling of Petroleum and Petroleum Products", (2019);

(c) "ASTM Standard D4306-20, Standard Practice for Aviation Fuel Sample Containers for Test Affected by Trace Contamination", (2020);

(d) "ASTM Standard D5842-19, Standard Practice for Sampling and Handling of Fuels for Volatility Measurement", (2019);

(e) "Form KDA-OCEP-MF-01, Motor Fuel Inspection and Testing Civil Penalty Guidelines", (April 2021 Edition);

(f) "Form KDA-OCEP-MF-02, Motor Fuel Administrative Case Review Guidelines", (April 2021 Edition);

(g) "Form KDA-OCEP-MF-03, Notice of Designation of Proxy for Case Review", (April 2021 Edition);

(h) "Form KDA-OCEP-MF-04, Declaration of Non-Sale", (April 2021 Edition); and

(i) "Form KDA-OCEP-MF-05, Application for Motor Fuel License", April 2021.

History

RELATES TO: KRS 363.900 - 363.908, 42 U.S.C. 7545(o)(1)(D), 16 C.F.R. 306.12, 40 C.F.R. 80.27
STATUTORY AUTHORITY: KRS 363.902, 363.908, 16 C.F.R. 306, 16 C.F.R. 309, 40 C.F.R. 80.27
NECESSITY, FUNCTION, AND CONFORMITY: KRS 363.902 requires the commissioner of the department to implement and administer an inspection and testing program for motor fuels. This administrative regulation establishes procedures to implement and administer a motor fuels inspection and testing program.
History: 47 Ky.R. 1314, 2014, 2360; eff. 7-8-2021.

302 KAR 79:012 Motor fuel quality standards and specifications {#sec-302-kar-79-012 omnilex-key=us-ky-regs-official--title-302--302 KAR 79:012}

Section 1. Motor Fuel Quality Standards and Specifications.

(1) If a motor fuel quality standard does not exist, the department shall designate a test or specification based upon the most widely accepted scientific principles.

(2) If it is demonstrated that some impurity or imperfection exists in a motor fuel product offered for sale that renders it unfit for its intended purposes, the product shall be subject to a Level 4 Civil Penalty.

(3) These requirements shall not apply to any bulk fuel storage tanks where the product contained therein is being reconditioned and withheld from sale.

(4) Motor fuel containing less than one (1) percent by volume oxygenate, not dispensed from a dedicated hose, shall be subject to a Level 2 Civil Penalty.

(5) Gasoline and gasoline-oxygenate blends containing between zero (0) and up to fifteen (15) percent by volume ethanol shall comply with paragraphs (a) through (f) of this subsection.

(a) Gasoline and gasoline-oxygenate blends shall not be offered for retail sale under the name "premium" or "super" gasoline blends unless its AKI is greater than or equal to ninety-one (91).

(b) Gasoline and gasoline-oxygenate blends shall not be offered for retail sale under the name "plus" or "mid-grade" gasoline unless its AKI is greater than or equal to eighty-nine (89).

(c) Gasoline and gasoline-oxygenate blends shall not be offered for retail sale under the name "regular" gasoline unless its AKI is greater than or equal to eighty-seven (87).

(d) Pursuant to KRS 363.902(2), gasoline and gasoline-oxygenate blends offered for sale at a retail facility shall conform to the most recent version of ASTM D4814, Standard Specification for Automotive Spark Ignition Engine Fuel, with the following exceptions, as required by KRS 363.904(2):

For gasoline-ethanol blends containing between one (1) percent by volume and fifteen (15) percent by volume ethanol, the ASTM International V/L ratio specification shall be waived; and
For gasoline-ethanol blends containing up to fifteen (15) percent by volume ethanol, the RVP shall be increased by one (1) pound per square inch.

(e) The maximum concentration of oxygenates permitted in gasoline-oxygenate blends shall be those permitted by the EPA under Clean Air Act, 42 U.S.C. 7545, and applicable waivers or with not more than sixteen (16) percent Isobutanol.

(f) For gasoline and gasoline-oxygenate blends the Motor Octane Number (MON) shall not be less than eighty-two (82).

(6) Mid-level ethanol flex fuel blends containing between sixteen (16) and fifty (50) percent by volume ethanol, shall meet the latest version of ASTM D7794, Standard Practice for Blending Mid-Level Ethanol Fuel blends for Flexible-Fuel Vehicles with Automotive Spark-Ignition Engines.

(7) Ethanol flex fuel blends containing between fifty-one (51) and eighty-three (83) percent by volume ethanol shall be blended, stored, and conveyed for consumption in accordance with the latest version of ASTM D5798, Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive Spark-Ignition Engines.

(8) M-85 Fuel Methanol shall meet the requirements established in the most recent version of ASTM D5797, Standard Specification for Fuel Methanol M51-M85 for Automotive Spark-Ignition Engines.

(9) Diesel fuel that contains not more than five (5) percent by volume biodiesel or biomass-Based diesel shall meet the requirements established in the latest version of ASTM D975, Standard Specification for Diesel Fuel.

(10) All diesel fuels identified on retail dispensers and product transfer documentation with terms such as "premium," "super," "supreme," "plus," or "premier" shall meet the requirements established in the published version of the NIST Handbook 130 §2.2.1 for Premium Diesel Fuel.

(11) Diesel fuel that contains biodiesel between six (6) percent and twenty (20) percent, by volume, shall meet the requirements established in the latest version of ASTM D7467, Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20).

(12) Biodiesel fuel blend stock intended for blending with diesel fuel shall meet the requirements established in the most recent version of ASTM D6751, Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels.

(a) Biodiesel fuel blend stock shall be at least ninety-nine (99) percent biodiesel but no more than one (1) percent by volume diesel fuel.

(b) Biodiesel fuel blend stock with less than ninety-nine (99) percent biodiesel shall not be used as a commercial blend stock for biodiesel blends without written notification from the department.

(13) Aviation turbine fuels shall meet the requirements established in the most recent version of the following standards, as applicable:

(a) ASTM D1655, Standard Specification for Aviation Turbine Fuels;

(b) ASTM D7223, Standard Specification for Aviation Certification Turbine Fuel;

(d) ASTM D6615, Standard Specification for Jet B Wide-Cut Aviation Turbine Fuel.

(14) Aviation gasoline shall meet the most recent version of the following standards, as applicable:

(a) ASTM D910, Standard Specification for Leaded Aviation Gasoline;

(b) ASTM D6227, Standard Specification for Unleaded Aviation Gasoline Containing a Non-hydrocarbon Component; and

(15) Liquefied petroleum gases intended for use as motor fuel shall meet the requirements established in the most recent version of ASTM D1835, Standard Specification for Liquefied Petroleum (LP) Gases.

(16) Racing Gasoline shall meet the requirements established in the gasoline manufacturer's product specifications. Upon the request of the department, each conveyor of racing gasoline shall provide the department with a copy of the manufacturer's product specifications.

(17) Hydrogen fuel for fuel cell vehicles shall meet the requirements established in the most recent edition of SAE J2719 Hydrogen Fuel Quality for Fuel Cell Vehicles. If ASTM International develops applicable standards for Hydrogen Fuel Quality, those standards shall prevail as rule.

(18) Compressed natural gas shall meet the requirements established in the most recent edition of SAE J1616, Recommended Practice for Compressed Natural Gas Vehicle Fuel. If ASTM International develops applicable standards for compressed natural gas, those standards shall prevail as rule.

(19) LNG vehicle fuel shall meet the requirements established in the most recent edition of SAE J2699 Liquefied Natural Gas Vehicle Fuel. If ASTM International develops applicable standards for LNG vehicle fuels, those standards shall prevail as rule.

Section 2. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "ASTM Standard D910-20a, (ASTM D910), Standard Specification for Leaded Aviation Gasolines", (2020);

(b) "ASTM Standard D975-20c, (ASTM D975), Standard Specification for Diesel Fuel", (2020);

(d) "ASTM Standard D1835-20, (ASTM D1835), Standard Specification for Liquefied Petroleum (LP) Gases", (2020);

(e) "ASTM Standard D4806-20, (ASTM D4806), Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark Ignition Engine Fuel", (2020);

(f) "ASTM Standard D4814-21 (ASTM D4814), Standard Specification for Automotive Spark Ignition Engine Fuel", (2021);

(g) "ASTM Standard D5797-18, (ASTM D5797), Standard Specification for Methanol Fuel Blends (M51–M85) for Methanol-Capable Automotive Spark-Ignition Engines", (2018);

(h) "ASTM Standard D5798-20, (ASTM D5798), Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive Spark-Ignition Engines", (2020);

(i) "ASTM Standard D6227-18, (ASTM D6227), Standard Specification for Unleaded Aviation Gasoline Containing a Non-hydrocarbon Component", (2018);

(j) "ASTM Standard D6615-15a, (ASTM D6615), Standard Specification for Jet B Wide-Cut Aviation Turbine Fuel", (2019);

(k) "ASTM Standard D6751-20a, (ASTM D6751), Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels", (2020);

(l) "ASTM Standard D7223-17, (ASTM D7223), Standard Specification for Aviation Certification Turbine Fuel", (2017);

(m) "ASTM Standard D7467-20a, (ASTM D7467), Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20)", (2020);

(n) "ASTM Standard D7547-18a, (ASTM D7547), Standard Specification for Hydrocarbon Unleaded Aviation Gasoline", (2018);

(o) "ASTM Standard D7566-20c, (ASTM D7566), Standard Specification for Aviation Turbine Fuel Containing Synthesized Hydrocarbons", (2020);

(p) "ASTM Standard D7794-20, (ASTM D7794), Standard Practice for Blending Mid-Level Ethanol Fuel Blends for Flexible-Fuel Vehicles with Automotive Spark-Ignition Engines", (2020);

(q) "ASTM Standard D7901-20, (ASTM D7901), Standard Specification for Dimethyl Ether for Fuel Purposes", (2020);

(r) "National Institute of Standards and Technology Handbook 130, 2020 Edition Natl. Inst. Stand. Technol. Handb. 130, 2020 Ed., Uniform Fuels and Automotive Lubricants Regulation, IV, G, §2; (Nov. 2019)"

(s) "SAE J1616-201703, Standard for Compressed Natural Gas Vehicle Fuel, Society of Automotive Engineers International", (2017);

(t) "SAE J2699-201802, Liquefied Natural Gas (LNG) Vehicle Fuel, Society of Automotive Engineers International", (2018); and

(u) "SAE J2719-202003, Hydrogen Fuel Quality for Fuel Cell Vehicles, Society of Automotive Engineers International," (2020).

History

RELATES TO: KRS 363.900-363.908, 16 C.F.R. 306.12, 40 C.F.R. 80.27
STATUTORY AUTHORITY: KRS 363.902, 16 C.F.R. 306, 16 C.F.R. 309, 40 C.F.R. 80.27
NECESSITY, FUNCTION, AND CONFORMITY: KRS 363.902 requires the commissioner of the department to implement and administer an inspection and testing program for motor fuels. This administrative regulation establishes motor fuel quality standards and specifications.
History: 47 Ky.R. 1321, 2022, 2367; eff. 7-8-2021.

Chapter 80 Regulation and Inspection; Scanner

302 KAR 80:010 Examination procedure for price verification {#sec-302-kar-80-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 80:010}

Section 1. All scanners shall comply with requirements of National Institute of Standards and Technology Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality, Chapter V, Examination Procedure for Price Verification (PPV).

Section 2. Any retail establishment not meeting a ninety-eight (98) percent compliance rate of errors not in favor of the customer shall be assessed an administrative penalty of not less than $100 and not more than $500 per inspection based on the severity of the violation.

Section 3. Incorporation by Reference.

(1) "Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality",2019, is incorporated by reference.

History

RELATES TO: KRS 363.510, 363.991(4)
STATUTORY AUTHORITY: KRS 363.590(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 363.590(1)(a) authorizes the Director of the Division of Regulation and Inspection to promulgate administrative regulations establishing standards of net weight, measure, or count. This administrative regulation establishes a procedure to verify pricing practices to ensure that consumers are charged a correct price for items they purchase. This administrative regulation establishes procedures through the use of randomized and stratified sampling procedures used in routine inspections to ensure that consumers are charged the correct price for items they purchase.
History: 29 Ky.R. 597; Am. 940; eff. 10-9-2002; 46 Ky.R. 626, 1112; eff. 10-7-2019; Cert eff. 2-2-2026.

Chapter 81 Regulation and Inspection; Commercial Weighing and Measuring Devices

302 KAR 81:010 Technical requirements for commercial weighing and measuring devices {#sec-302-kar-81-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 81:010}

Section 1. Definitions.

(1) "Active Certificate of Conformance" means a document issued based on testing by a participating laboratory, which the certificate owner maintains in active status under the National Type Evaluation Program. The document constitutes evidence of conformance of a type with the requirements of this document and the NIST Handbooks 44, 105-1, 105-2, or 105-3.

(2) "Commercial equipment" means:

(a) Weighing and measuring equipment commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of weight or measure; and

(b) Any accessory attached to or used in connection with a commercial weighing or measuring device if the accessory is designed so that its operation affects the accuracy of the device.

(3) "Device" means any weighing and measuring device.

(4) "Director" is defined by KRS 363.510(6).

(5) "Manufactured device" means any commercial weighing or measuring device shipped as new from the original equipment manufacturer.

(6) "National Type Evaluation Program" or "NTEP" means a program of cooperation between the National Conference on Weights and Measurers, the National Institute of Standards and Technology, other federal agencies, the states, and the private sector for determining, on a uniform basis, conformance of a type with the relevant provisions of Handbook 44.

(7) "NIST" means National Institute of Standards and Technology.

(8) "One-of-a-kind device" means one (1) non-NTEP device per manufacturer, which is designed to meet unique demands for a specific installation and of a specific design and that is not commercially available elsewhere.

(9) "Participating laboratory" means any state measurement laboratory, state weights and measures agency, or other laboratory that has been authorized to conduct a type evaluation under the National Type Evaluation Program.

(10) "Person" means both singular and plural, as the case demands, and includes individuals, partnerships, corporations, companies, societies, and associations.

(11) "Remanufactured device" means a device that is disassembled, checked for wear, parts replaced or fixed, reassembled, and made to operate like a new device of the same type.

(12) "Remanufactured element" means an element that is disassembled, checked for wear, parts replaced or fixed, reassembled, and made to operate like a new element of the same type.

(13) "Repaired device" means a device on which work is performed that brings the device back into proper operating condition.

(14) "Repaired element" means an element on which work is performed that brings the element back into proper operating condition.

(15) "Type" means a model or models of a particular device, measurement system, instrument, or element that positively identifies the design. A specific type varies in its measurement ranges, size, performance, and operating characteristics as specified in the Certificate of Conformance.

(16) "Type evaluation" means the testing, examination, and evaluation of a type by a "participating laboratory".

Section 2. Certificate of Conformance.

(1) A device shall be traceable to an active Certificate of Conformance prior to its installation or use for commercial purposes.

(2) By maintaining the certificate in active status, the certificate owner declares the intent to continue to manufacture or remanufacture the device consistent with the type and in conformance with the applicable requirements.

(3) For manufacturers of grain moisture meters, maintenance of active status also shall involve annual participation in the NTEP Laboratory Ongoing Calibration Program (OCP) Phase II.

(4) A device shall be traceable to an active Certificate of Conformance if it was manufactured during the period that the certificate was maintained in active status.

Section 3. Prohibited Acts and Exemptions.

(1) Except for a device exempted by this section, a person shall not sell a device unless it is traceable to an active Certificate of Conformance.

(2) Except for a device exempted by this section, a person shall not use a device unless it is traceable to an active Certificate of Conformance.

(3) A device in service in this state prior to July 1, 2003, shall meet the specifications, tolerances, and other technical requirements of National Institute of Standards and Technology Handbook 44 shall not be required to be traceable to an active Certificate of Conformance.

(4) A device in service in this state prior to July 1, 2003, removed from service by the owner or on which the department has issued a removal order after July 1, 2003, and returned to service at a later date shall be modified to meet all specifications, tolerance, and other technical requirements of Handbook 44 effective on the date of the return to service. The modified device shall not be required to be traceable to an active Certificate of Conformance.

(5) A device in service in this state prior to July 1, 2003, which is repaired after July 1, 2003, shall meet the specifications, tolerances, and other technical requirements of Handbook 44 and shall not be required to be traceable to active Certificate of Conformance.

(6) A device in service in this state prior to July 1, 2003, that is still in use may be installed at another location in this state if the device meets requirements in effect as of the date of installation in the new location and the device shall not be required to be traceable to an active Certificate of Conformance.

(7) A device in service in another state prior to July 1, 2003, may be installed in this state if the device meets the specifications, tolerances, and technical requirements for weighing and measuring devices in Handbook 44 and shall be traceable to an active Certificate of Conformance.

(8) One-of-a-kind device.

(a) If a device manufactured for sale by a company has been categorized and tested as a "one-of-a-kind device" and the manufacturer then decides to manufacture an additional device or devices of that same type, the device shall not be considered any longer a one-of-a-kind device. This also shall apply to a device that has been determined to be a one-of-a-kind device by a weights and measures jurisdiction in one (1) state and the manufacturer decides to manufacture and install another device of that same type in another state. If this occurs, the manufacturer of the device shall request an NTEP evaluation on the device through the normal application process unless NTEP has already deemed that the evaluation will not be conducted.

(b) The director may accept the design of a one-of-a-kind device without an NTEP evaluation pending inspection and performance testing to determine if the device complies with Handbook 44 and is capable of performing within the Handbook 44 requirements for a reasonable period of time under normal conditions of use. Indicators and load cells in one-of-a-kind scale installations shall have an active NTEP Certificate of Conformance as evidence that the system meets the influence factors requirements of Handbook 44.

(9) Repaired device. If a person repairs or remanufactures a device, the person shall be obligated to repair or remanufacture the device consistent with the manufacturer' original design and that specific device shall not be traceable any longer to an active Certificate of Conformance.

(10) Remanufactured device. If a person repairs or remanufactures a device, the person shall repair or remanufacture the device consistent with the manufacturer's original design and that specific device shall not be traceable any longer to an active Certificate of Conformance.

(11) Copy of a device. The manufacturer who copies the design of a device that is traceable to an active Certificate of Conformance, but which is made by another company, shall obtain a separate Certificate of Conformance for the device. The Certificate of Conformance for the original device shall not apply to the copy.

(12) Device components. If a person buys a load cell or cells and an indicating element traceable to Certificates of Conformance then manufactures a device from the parts, that person shall obtain an active Certificate of Conformance for the device.

Section 4. Incorporated by Reference.

(1) The following material is incorporated by reference:

(a) "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices", National Institute of Standards and Technology Handbook 44, (2019)";

(b) "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices", National Institute of Standards and Technology Handbook 105-1, (2019)";

(c) "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices", National Institute of Standards and Technology Handbook 105-2, (2019)"; and

(d) "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices", National Institute of Standards and Technology Handbook 105-3, (2019)".

History

RELATES TO: KRS 363.410, 363.510, 363.610
STATUTORY AUTHORITY: KRS 363.590
NECESSITY, FUNCTION, AND CONFORMITY: KRS 363.590(2) requires the Director of the Division of Regulation and Inspection to promulgate administrative regulations establishing technical requirements for commercial weighing and measuring devices. This administrative regulation establishes technical requirements for commercial weighing and measuring devices and applies to any type of device and equipment covered in National Institute of Standards and Technology (NIST) Handbook 44 (Handbook 44), Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices.
History: 29 Ky.R. 598; Am. 940; eff. 10-9-2002; 46 Ky.R. 626, 1112; eff. 10-7-2019; Crt eff. 2-2-2026.

Chapter 85 Weights and Measures

302 KAR 85:010 Requirements to establish fee schedules for calibrations, adjustments, weights and measures {#sec-302-kar-85-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 85:010}

Section 1. Application. The department shall inspect and calibrate all weighing and measuring devices in accordance with KRS 363.610.

(1) Each weighing and measuring device inspected shall be charged the following calibration fees:

(a)

(b)

(2) Each weighing and measuring device that is out of tolerance and requires adjustment shall be charged the following fee for adjustment:

(a)

(b) Three (3) Metric Equivalents shall be charged on the schedule established in subsections (1) and (2) of this section.

History

RELATES TO: KRS 363.590, 363.610
STATUTORY AUTHORITY: KRS 363.590(1), 363.610
NECESSITY, FUNCTION, AND CONFORMITY: KRS 363.590(1) requires the director of the division of weights and measures to promulgate administrative regulations for the enforcement of KRS 363.510 through 363.850. KRS 363.610 authorizes the director to inspect and test, to ascertain accuracy, all weights and measures kept, offered, or exposed for sale. KRS 246.057 authorizes the department to promulgate administrative regulations establishing license fees, testing fees, and any other fees necessary to operate and maintain a metrology lab. This administrative regulation requires the department to inspect all weighing and measuring devices for accuracy and allows establishment of a fee system for the calibration and adjustments to these weighing and measuring devices.
History: 33 Ky.R. 656; 1306; eff. 11-8-2006; 45 Ky.R. 2458, 2891; eff. 5-3-2019; Cert eff. 2-2-2026.

Chapter 100 Purchase of Agricultural Conservation Easement Corporation

302 KAR 100:030 Procedures for determination of agricultural productivity diminishment in subdivision {#sec-302-kar-100-030 omnilex-key=us-ky-regs-official--title-302--302 KAR 100:030}

Section 1. Minimum Acreage Requirement. Any division of land restricted by an agricultural conservation easement that will result in any remaining parcel being less than fifty (50) acres shall be deemed to impair the agricultural productivity of the restricted land.

Section 2. Limit on Number of Divisions. Any further division of restricted land after an approved initial request shall be deemed to impair the agricultural productivity of the restricted land.

Section 3. Election to Waive Subdivision Rights.

(1) Any owner of land may elect to expressly waive subdivision rights when the property enters into the Purchase of Agricultural Conservation Easement Program. This election shall be filed with the conservation easement. This election shall be irrevocable once recorded. The PACE Board shall not grant subdivision requests in the future if this express waiver is recorded.

(2) Any owner of restricted lands may record an amendment to his or her easement to expressly waive subdivision rights of property in the Purchase of Agricultural Conservation Easement Program. This election shall be irrevocable once recorded. The PACE Board shall not grant subdivision requests in the future if this express waiver is recorded with the amendment to the conservation easement.

(3) Any subsequent owner of restricted land shall take ownership subject to the recorded election to waive subdivision rights, and that election by the prior owner shall remain valid and binding on the PACE Board.

History

RELATES TO: KRS 262.900, 262.908, 262.910
STATUTORY AUTHORITY: KRS 262.908, 262.910
NECESSITY, FUNCTION, AND CONFORMITY: KRS 262.908 requires the Purchase of Agricultural Conservation Easement Corporation to implement a Purchase of Agricultural Conservation Easement Program, including the development and promulgation of necessary administrative regulations. KRS 262.910 requires the Purchase of Agricultural Conservation Easement Corporation to approve proposed subdivisions of land restricted by an agricultural conservation easement unless the subdivision will diminish or impair the agricultural productivity of the restricted land. This administrative regulation creates a minimal acreage deemed by the PACE Board beyond which further subdivision would harm the agricultural value of the restricted land.
History: 35 Ky.R. 2836; 36 Ky.R. 324; eff. 8-28-2009; Cert eff 12-10-2018; Cert eff. 1-14-2025.

Chapter 101 Animal Control Officers

302 KAR 101:010 Training requirement for Kentucky animal control officers {#sec-302-kar-101-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 101:010}

Section 1. Training Requirement for Kentucky Animal Control Officers.

(1) The required training shall be Kentucky Animal Care & Control Association's Basic Animal Control Officer online training program.

(2) Persons seeking this certification shall do so online by following the links at www.kyagr.com or www.kyspayneuter.com.

(3) This training shall be offered at no cost to the counties. Access to the course may be limited based on capacity of the online system.

(4) Counties employing the Animal Control Officer shall maintain records of certification completion for a minimum period of five (5) years. Upon completion, counties shall forward proof of certification to the Kentucky Department of Agriculture.

(5) All new Animal Control Officers shall complete this training as part of their hiring or orientation program beginning January 1, 2020.

(6) All Animal Control Officers shall complete this training by June 30, 2020.

History

RELATES TO: KRS Chapter 258
STATUTORY AUTHORITY: KRS 258.117, 258.119
NECESSITY, FUNCTION, AND CONFORMITY: KRS 258.117(1) requires an Animal Control Advisory Board and establishes creating training programs as one of the board's purposes. KRS 258.119 requires that county applicants for grants from the board have an animal care control and care program. This program requires that the county employ an Animal Control Officer who has at least a high school degree and has completed the training requirements set forth by the board. This administrative regulation establishes training requirements for animal control officers.
History: 45 Ky.R. 3599; 46 Ky.R. 433; eff. 8-22-2019; Cert eff. 2-2-2026.

Title 302 KAR — Department of Agriculture

Chapter 2 General - Department of Agriculture

302 KAR 2:010 Access to public records of the Kentucky Department of Agriculture {#sec-302-kar-2-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 2:010}

Chapter 4 Agriculture Tax Credits

302 KAR 4:010 Renewable Chemical Production Program {#sec-302-kar-4-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 4:010}

Chapter 10 Egg Marketing

302 KAR 10:015 Egg grading and classification {#sec-302-kar-10-015 omnilex-key=us-ky-regs-official--title-302--302 KAR 10:015}

302 KAR 10:025 License application, refusal, revocation, suspension, and appeals {#sec-302-kar-10-025 omnilex-key=us-ky-regs-official--title-302--302 KAR 10:025}

302 KAR 10:100 Refrigeration of eggs and temperature requirements {#sec-302-kar-10-100 omnilex-key=us-ky-regs-official--title-302--302 KAR 10:100}

302 KAR 10:110 Egg lot consolidation {#sec-302-kar-10-110 omnilex-key=us-ky-regs-official--title-302--302 KAR 10:110}

Chapter 15 Fairs and Shows

302 KAR 15:010 Administration; state aid to local fairs {#sec-302-kar-15-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 15:010}

302 KAR 15:020 Dairy cattle shows and sales {#sec-302-kar-15-020 omnilex-key=us-ky-regs-official--title-302--302 KAR 15:020}

302 KAR 15:030 Beef cattle shows and sales {#sec-302-kar-15-030 omnilex-key=us-ky-regs-official--title-302--302 KAR 15:030}

Chapter 16 Amusement Rides

302 KAR 16:010 Business registration and permit for amusement rides or attractions {#sec-302-kar-16-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 16:010}

302 KAR 16:020 Inspection and operation of amusement rides or amusement attractions {#sec-302-kar-16-020 omnilex-key=us-ky-regs-official--title-302--302 KAR 16:020}

302 KAR 16:030 Determination of administrative or safety violations which cannot be corrected immediately; section stop order {#sec-302-kar-16-030 omnilex-key=us-ky-regs-official--title-302--302 KAR 16:030}

302 KAR 16:040 Correction of safety violations and right to re-inspection {#sec-302-kar-16-040 omnilex-key=us-ky-regs-official--title-302--302 KAR 16:040}

302 KAR 16:072 Notification of occurrence involving an amusement ride or attraction {#sec-302-kar-16-072 omnilex-key=us-ky-regs-official--title-302--302 KAR 16:072}

302 KAR 16:091 Rides and attractions not included in the definition of amusement ride or attraction {#sec-302-kar-16-091 omnilex-key=us-ky-regs-official--title-302--302 KAR 16:091}

302 KAR 16:101 Operate amusement ride or device defined {#sec-302-kar-16-101 omnilex-key=us-ky-regs-official--title-302--302 KAR 16:101}

302 KAR 16:111 Violations, civil penalties, revocations, and suspensions of permits for amusement rides or attractions {#sec-302-kar-16-111 omnilex-key=us-ky-regs-official--title-302--302 KAR 16:111}

302 KAR 16:121 Inflatable amusement rides or attractions {#sec-302-kar-16-121 omnilex-key=us-ky-regs-official--title-302--302 KAR 16:121}

302 KAR 16:131 Maintenance and repair of amusement rides or attractions {#sec-302-kar-16-131 omnilex-key=us-ky-regs-official--title-302--302 KAR 16:131}

302 KAR 16:150 Qualification and registration of persons designated to perform amusement safety inspections {#sec-302-kar-16-150 omnilex-key=us-ky-regs-official--title-302--302 KAR 16:150}

Chapter 17 Aerial Recreational Devices

302 KAR 17:010 Requirements for operating and inspecting aerial recreational devices and facilities {#sec-302-kar-17-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 17:010}

Chapter 20 Livestock Sanitation

302 KAR 20:010 Definitions for 302 KAR Chapter 20 {#sec-302-kar-20-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 20:010}

302 KAR 20:020 General requirements for interstate and intrastate movement of animals {#sec-302-kar-20-020 omnilex-key=us-ky-regs-official--title-302--302 KAR 20:020}

302 KAR 20:040 Entry into Kentucky {#sec-302-kar-20-040 omnilex-key=us-ky-regs-official--title-302--302 KAR 20:040}

302 KAR 20:055 Brucellosis vaccination, testing and branding requirements {#sec-302-kar-20-055 omnilex-key=us-ky-regs-official--title-302--302 KAR 20:055}

302 KAR 20:065 Sale and exhibition of Kentucky origin animals in Kentucky {#sec-302-kar-20-065 omnilex-key=us-ky-regs-official--title-302--302 KAR 20:065}

302 KAR 20:240 Mycobacterium paratuberculosis (Johne's) {#sec-302-kar-20-240 omnilex-key=us-ky-regs-official--title-302--302 KAR 20:240}

302 KAR 20:250 Avian influenza {#sec-302-kar-20-250 omnilex-key=us-ky-regs-official--title-302--302 KAR 20:250}

Chapter 21 Livestock Care Standards

302 KAR 21:001 Definitions for 302 KAR Chapter 21 {#sec-302-kar-21-001 omnilex-key=us-ky-regs-official--title-302--302 KAR 21:001}

302 KAR 21:020 General livestock and poultry provisions {#sec-302-kar-21-020 omnilex-key=us-ky-regs-official--title-302--302 KAR 21:020}

302 KAR 21:030 Beef Cattle, Bison, and Veal Specific Provisions {#sec-302-kar-21-030 omnilex-key=us-ky-regs-official--title-302--302 KAR 21:030}

302 KAR 21:040 Dairy Cattle Specific Provisions {#sec-302-kar-21-040 omnilex-key=us-ky-regs-official--title-302--302 KAR 21:040}

302 KAR 21:050 Equine specific provisions {#sec-302-kar-21-050 omnilex-key=us-ky-regs-official--title-302--302 KAR 21:050}

302 KAR 21:060 Swine Specific Provisions {#sec-302-kar-21-060 omnilex-key=us-ky-regs-official--title-302--302 KAR 21:060}

302 KAR 21:070 Ovine, caprine, camelid, and cervid specific provisions {#sec-302-kar-21-070 omnilex-key=us-ky-regs-official--title-302--302 KAR 21:070}

302 KAR 21:080 Poultry specific provisions {#sec-302-kar-21-080 omnilex-key=us-ky-regs-official--title-302--302 KAR 21:080}

Chapter 22 Livestock, Poultry, and Fish

302 KAR 22:010 Procedures for inspection, testing, identification, removal, and disposition of livestock, poultry, and fish {#sec-302-kar-22-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 22:010}

302 KAR 22:020 Restriction of transportation of livestock, poultry, and fish {#sec-302-kar-22-020 omnilex-key=us-ky-regs-official--title-302--302 KAR 22:020}

302 KAR 22:030 Livestock, poultry, and fish diseases to be reported {#sec-302-kar-22-030 omnilex-key=us-ky-regs-official--title-302--302 KAR 22:030}

302 KAR 22:040 Carcass transport and composting {#sec-302-kar-22-040 omnilex-key=us-ky-regs-official--title-302--302 KAR 22:040}

302 KAR 22:050 Stockyards {#sec-302-kar-22-050 omnilex-key=us-ky-regs-official--title-302--302 KAR 22:050}

302 KAR 22:070 Restrictions on biological materials in Kentucky {#sec-302-kar-22-070 omnilex-key=us-ky-regs-official--title-302--302 KAR 22:070}

302 KAR 22:080 Feed restrictions {#sec-302-kar-22-080 omnilex-key=us-ky-regs-official--title-302--302 KAR 22:080}

302 KAR 22:130 Equine {#sec-302-kar-22-130 omnilex-key=us-ky-regs-official--title-302--302 KAR 22:130}

302 KAR 22:150 Cervids {#sec-302-kar-22-150 omnilex-key=us-ky-regs-official--title-302--302 KAR 22:150}

Chapter 26 Pesticides

302 KAR 26:010 Definitions {#sec-302-kar-26-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 26:010}

302 KAR 26:020 Pesticide certification and licensing {#sec-302-kar-26-020 omnilex-key=us-ky-regs-official--title-302--302 KAR 26:020}

302 KAR 26:030 Pesticide recordkeeping {#sec-302-kar-26-030 omnilex-key=us-ky-regs-official--title-302--302 KAR 26:030}

302 KAR 26:040 Storage and handling of pesticides {#sec-302-kar-26-040 omnilex-key=us-ky-regs-official--title-302--302 KAR 26:040}

302 KAR 26:050 Pesticide trainee registration and supervision requirements {#sec-302-kar-26-050 omnilex-key=us-ky-regs-official--title-302--302 KAR 26:050}

302 KAR 26:060 Identification of pesticide service vehicles {#sec-302-kar-26-060 omnilex-key=us-ky-regs-official--title-302--302 KAR 26:060}

302 KAR 26:070 Non-certified pesticide applicator training and supervision {#sec-302-kar-26-070 omnilex-key=us-ky-regs-official--title-302--302 KAR 26:070}

302 KAR 26:080 Lawn, turf, ornamental and interior plantscape pesticide-related notice posting {#sec-302-kar-26-080 omnilex-key=us-ky-regs-official--title-302--302 KAR 26:080}

302 KAR 26:090 Wood destroying organism treatments and integrated pest management in schools {#sec-302-kar-26-090 omnilex-key=us-ky-regs-official--title-302--302 KAR 26:090}

302 KAR 26:100 Structural pest control settlement proceedings {#sec-302-kar-26-100 omnilex-key=us-ky-regs-official--title-302--302 KAR 26:100}

302 KAR 26:150 Pesticide-related penalties {#sec-302-kar-26-150 omnilex-key=us-ky-regs-official--title-302--302 KAR 26:150}

Chapter 31 Bulk Storage

302 KAR 31:040 Storage and handling of pesticides and bulk fertilizer {#sec-302-kar-31-040 omnilex-key=us-ky-regs-official--title-302--302 KAR 31:040}

Chapter 33 Grain

302 KAR 33:010 Grain dealers and grain warehouse operators {#sec-302-kar-33-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 33:010}

Chapter 37 Hay Grading

302 KAR 37:010 Forage Testing Program {#sec-302-kar-37-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 37:010}

Chapter 39 Marketing and Product Promotion

302 KAR 39:020 Kentucky Small Farm Wineries Support Fund {#sec-302-kar-39-020 omnilex-key=us-ky-regs-official--title-302--302 KAR 39:020}

Chapter 40 Organic Agricultural Product Certification

302 KAR 40:010 Certification of organic production, processing, or handling operations {#sec-302-kar-40-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 40:010}

Chapter 45 Ginseng

302 KAR 45:010 Ginseng {#sec-302-kar-45-010 omnilex-key=us-ky-regs-official--title-302--302 KAR 45:010}

302 KAR 45:020 Ginseng Growers Pilot Program {#sec-302-kar-45-020 omnilex-key=us-ky-regs-official--title-302--302 KAR 45:020}