GENERAL GOVERNMENT

Department of Agriculture

Office of State Veterinarian Division of Animal Health

(Amendment)

 

      302 KAR 20:052 Animal Carcass Composting.

 

      RELATES TO: KRS 257.010, 257.160(1)-(2)

      STATUTORY AUTHORITY: KRS 257.160(3)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 257.160(3) authorizes the State Board of Agriculture to promulgate administrative regulations to implement KRS 257.160. KRS 257.160(1)(f) allows disposal of animal carcasses by composting if the disposal is performed in an approved facility and according to the board’s administrative regulations. This administrative regulation establishes required procedures for animal carcass composting.

 

      Section 1. Definitions. (1) "Agriculture operation" is defined by KRS 224.71-100(1).

      (2) "Animal" means fish and any member of the equine, ovine, bovine, porcine, [feline, canine,] caprine, [lapin,] bison, cervidae, camelid[camalid], ratite, and avian species.

      (3)[(2)] "Compost" is defined by KRS 257.010(6)[(5)].

      (4)[(3)] "Owner" is defined by KRS 257.010(14)[(12)].

 

      Section 2. Registration [Permit] Required. (1) Except as provided in subsection (5) of this section, all persons or entities operating a composting facility shall register with the State Veterinarian.[The State Veterinarian shall issue permits for animal composting facilities. The cost of the permit shall be twenty-five (25) dollars per year. The permit shall be renewed at five (5) year intervals.]

      (2) Registration[A permit application] shall include the name and address of the compost owner, the location of the composting facilities, and a description of the facilities [and composting procedure].

      (3) All animal composting facilities shall be subject to inspection by the State Veterinarian or his representative.

      (4) Any animal carcasses not composted shall be disposed of in a manner consistent with KRS 257.160.

      (5) Registration of composting facilities shall not be required for an agriculture operation, if composting is not for a commercial purpose.

 

      Section 3. Composting[Permitted] Facilities. (1) All composting[Permitted] 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 animals shall be done within the composting[permitted] facility.[(3) Dead animals to be composted shall be temporarily stored indoors on floors constructed of concrete or soil-cement as identified in the University of Kentucky College of Agriculture Cooperative Extension Service publication "Using Soil-Cement on Horse and Livestock Farms: ID-176".]

      (3)[(4)] Hazardous materials shall not be used in the composting procedure.

      (4)[(5)] Reasonable and cost-effective efforts shall be taken to prevent odor, insects, and pests. All carcasses shall be inaccessible to scavengers, livestock, and live poultry.

      (5)[(6)] Ruminant animals may have the rumen vented prior to composting.

 

      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", 2-2008; and

      (b) Kentucky Agriculture Water Quality Plan (October 1996, revised May 1999)[; and

      (c) University of Kentucky College of Agriculture Cooperative Extension Service publication "Using Soil-Cement on Horse and Livestock Farms: ID-176", 8-2009].

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

 

RICHIE FARMER, Commissioner

      APPROVED BY AGENCY: November 10, 2011

      FILED WITH LRC: November 10, 2011 at 11 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on December 21, 2011 at 10 am at 100 Fair Oaks Lane 2nd Floor, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by December 14, 2011 five working days prior to the hearing, of their intent to attend. If no notification of intent to attend is received by that date, the hearing may be cancelled. The hearing is open to the public. Any person who wishes to be heard will be given the opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until January 3, 2012. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: Clint Quarles, Staff Attorney, Kentucky Department of Agriculture, 500 Mero Street, 7th Floor, Frankfort Kentucky 40601, phone (502) 564-1155, fax (502) 564-2133.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Clint Quarles

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation provides requirements for composting animal carcasses in Kentucky.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary to comply with KRS 257.160(3).

      (c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation conforms to the content of the authorizing statutes by administering KRS 257.160(3) though establishing and modifying composting requirements.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This amended regulation makes clear the composting requirements for animals in the state. This regulation will make it easier for the animal owner to compost the animal by not having to seek a permit and have a site visit prior to operation.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: This amended regulation eliminates the need for a permit, and the charge to obtain a permit. This amendment reduces the regulatory burden on animal owners.

      (b) The necessity of the amendment to the administrative regulation: This amended regulation changes eliminates the need for the KDA to inspect the site prior to the composting process. Due to staff workload and funding, this change is necessary.

      (c) How this amendment conforms to the content of the authorizing statutes: The amendments conform to the statutes by establishing composting requirements.

      (d) How will this amendment assist in the effective administration of the statutes: This administrative regulation makes the changes necessary to keep composting requirements current with needed animal health protection. The changes shift the role of the KDA to complaint response and compliance assistance.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Kentucky Department of Agriculture and animal producers in the state who may chose to compost rather than use other disposal methods.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: Animal producers may elect to compost at their option. Should they do so they must comply with the regulation. The owners of the deceased animals will have a reduced burden by not having to seek a permit or pay for the permit fee.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): Animal producers may elect to compost at their option. The fee for a permit is eliminated; therefore the costs will be zero.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): This amendment saves the producer time in applying for a permit, and eliminates costs for composting.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: No new additional costs.

      (b) On a continuing basis: No additional costs.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: KDA general funds

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new or by the change if it is an amendment: The fee has been eliminated.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: The fee has been eliminated; therefore no direct or indirect fees are applicable to the owners of animal carcasses.

      (9) TIERING: Is tiering applied? No. All regulated entities have the same requirements.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      1. Does this administrative regulation relate to any program, service, or requirements of a state or local government (including cities, counties, fire departments, or school districts)? Yes

      2. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Kentucky Department of Agriculture will be impacted as the program requirements are changing to be less cumbersome to the producer.

      3. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 257.160

      4. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? Zero. The fee for this program is being eliminated.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?

      (c) How much will it cost to administer this program for the first year? Because the KDA role will be response driven, an estimate cannot be provided. The costs incurred will be less than current expenditures that are paid for out of general agency funds.

      (d) How much will it cost to administer this program for subsequent years? Because the KDA role will be response driven, an estimate cannot be provided. The costs incurred will be less than current expenditures that are paid for out of general agency funds.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: