302 KAR 20:261. Approved Kentucky Horse Sale.


      RELATES TO: KRS 257.020, 257.030, 257.070

      STATUTORY AUTHORITY: KRS 257.020, 257.030

      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 sanitary requirements and operational procedures for approved horse sales relative to disease control.


      Section 1. Definition. "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 established in Section 2 of this administrative regulation.


      Section 2. Operating Sale Requirements. (1) The sale management shall meet the following requirements pertaining to the sale and the premises at which the sale is conducted.

      (a) Furnish a schedule of sale days to the OSV.

      (b) Submit an Application for an Approved Horse Sale to the OSV and be approved by the OSV prior the first sale date;

      (c) Maintain well constructed pens and handling facilities that are clean, well lighted and in good repair for equines.

      (d) Maintain a cleaning and disinfection program.

      (e) Take full responsibility to insure that all horses and other equine 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) Insure that all horses be identified by a back tag or other official ID tag. The horse’s color, sex, breed, age, and back tag number shall be recorded by sales staff.

      (g) Maintain on file for twelve (12) months complete records of the origin and destination of each animal going through the sale. These records shall be made available to the department upon request. Records shall include the following:

      1. Identification of each equine sold that meets the requirements as established in paragraph (e) of this subsection; and

      2. The premises of origin address for the equine, the name and address for the seller, and the name and address for the buyer. A driver’s license or other valid identification shall be used to verify complete address of both the buyer and seller of each animal; and

      (h) Post notices announcing that animals are being sold without proof of negative testing for Equine Infectious Anemia in visible locations throughout the market and sale area.

      (2) Sales management shall 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.


      Section 3. Veterinary Duties. The equine market veterinarian shall:

      (1) Submit an application on the form titled Responsibilities of the Equine Market Veterinarian to the OSV and be approved by the OSV.

      (2) Visually inspect all equine animals for clinical evidence of communicable diseases prior to the equine animal leaving the sales premises and report the presence of any communicable disease condition to the State Veterinarian or an authorized representative;

      (3) Provide direct supervision for the collection of required blood samples from all eligible animals and for the recording of corresponding identification of each sample; and

      (4) Cooperate with state-federal inspectors and sale management in carrying out all applicable laws and regulations governing the sale and movement of equines.


      Section 4. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) Application for an Approved Horse Sale, KYSV-605, July 2006; and

      (b) Responsibilities of the Equine Market Veterinarian, KYSV-602 July 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. (34 Ky.R. 507; Am. 790; 1413; eff. 12-12-07.)