UNOFFICIAL COPY 23 RS BR 860
Page 1 of 8
XXXX 1/3/2023 11:37 AM Jacketed
AN ACT relating to the reorganization of the Office of State Veterinarian. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 246.030 is amended to read as follows: 3
The department shall consist of: 4
(1) The Office of the Commissioner; 5
(2) The Office of Agricultural Marketing, which shall include the following: 6
(a) The Promotion and Development Division; 7
(b) The Shows and Fairs Division; 8
(c) The Livestock Division; 9
(d) The Plant Division; 10
(e) The Education and Outreach Division; and 11
(f) The Direct Farm Marketing Division; 12
(3) The Office for Consumer and Environmental Protection, which shall include the 13
following: 14
(a) The Division of Regulation and Inspection; 15
(b) The Division of Food Distribution; and 16
(c) The Division of Environmental Services; 17
(4) The Office of State Veterinarian, which shall include the following: 18
(a) The Division of Regulatory Field Services[Animal Health; and] 19
(b) The Division of Animal Health Programs[Producer Services]; and 20
(c) The Division of Emergency Preparedness and Response; 21
(5) The Office of Administrative Services, which shall include the following: 22
(a) The Division of Human Resources; 23
(b) The Division of Administrative Services; and 24
(c) The Division of Information Technology; 25
(6) The Office of Communications; 26
(7) The Office of Legal Services; 27 UNOFFICIAL COPY 23 RS BR 860
Page 2 of 8
XXXX 1/3/2023 11:37 AM Jacketed
(8) The State Board of Agriculture; and 1
(9) The Kentucky Office of Agricultural Policy, which shall include the following: 2
(a) Agricultural Development Board; and 3
(b) Kentucky Agricultural Finance Corporation. 4
Section 2. KRS 257.330 is amended to read as follows: 5
(1) Before any baby chicks or baby poults are offered for sale at any auction or 6
auctions, sale barn, or community sale, except public sales conducted by farmers 7
selling baby chicks or baby poults reared on their own premises, a permit shall be 8
secured from the Office of State Veterinarian[Division of Animal Health of the 9
Department of Agriculture], or the state veterinarian. 10
(2) Any person who desires to offer baby chicks or baby poults for sale at any auction 11
or auctions, sale barn, or community sale, shall apply to the Office of State 12
Veterinarian[division or the state veterinarian] for a permit to hold the sale. A form 13
shall be prescribed and furnished by the office[division]. This application shall be 14
submitted at least three (3) days before the sale to allow time for inspection of the 15
chicks or poults offered[,] by a representative of the office[division or the state 16
veterinarian] before any chicks or poults are sold. This application shall be signed 17
by the person who proposes to conduct the sale, together with the person who owns 18
the property in or on which the sale is to be conducted, if the person who proposes 19
to conduct the sale does not own the property. The application shall designate the 20
date of the proposed sale, the number and breed of the chicks or poults to be offered 21
for sale, and the person or firm by whom they were produced, and shall be 22
accompanied by a fee in the sum of one dollar ($1) per hundred (100) chicks or 23
poults to be offered for sale. The office[division or the state veterinarian] shall be 24
authorized in their discretion to grant or to deny the permit requested in the 25
application, and if deemed necessary or advisable to require the applicant to submit 26
a certificate in a form as the office[division or the state veterinarian] may prescribe, 27 UNOFFICIAL COPY 23 RS BR 860
Page 3 of 8
XXXX 1/3/2023 11:37 AM Jacketed
certifying that the baby chicks or baby poults which may be offered for sale are in 1
healthy condition. 2
(3) On inspection by the representative of the office[division or state veterinarian], if 3
the chicks or poults offered for sale are found to be diseased, the representative may 4
confiscate all chicks or poults found to be diseased and may destroy the chicks and 5
poults. 6
Section 3. KRS 257.350 is amended to read as follows: 7
Within three (3) days after the sale, the person who conducted the sale shall submit a 8
statement to the Office of State Veterinarian[Division of Animal Health of the 9
Department of Agriculture or the state veterinarian,] giving a complete list of the number 10
and kind of baby chicks or poults sold, name and address of each purchaser, together with 11
a copy of representation and guarantee made in relation to the sale, if any were made by 12
the person who conducted the sale, and the person conducting the sale shall be held to 13
have had full knowledge of the representations and guarantees made at the time of the 14
sale and shall be as fully responsible and liable for any representation and guarantee as is 15
the person who set forth the representation and guarantee on the containers as provided in 16
KRS 257.340. 17
Section 4. KRS 257.370 is amended to read as follows: 18
In order to promote the poultry industry of this state, the Office of State 19
Veterinarian[Division of Animal Health of the Department of Agriculture] is hereby 20
authorized to cooperate with the United States Department of Agriculture in the 21
promulgation and enforcement of regulations for the control and eradication of pullorum 22
disease. 23
Section 5. KRS 257.380 is amended to read as follows: 24
The Office of State Veterinarian[Division of Animal Health] is hereby authorized to 25
promulgate administrative regulations as may be necessary, after public hearing 26
following due public notice, to carry out the provisions of KRS 257.370 to 257.460. 27 UNOFFICIAL COPY 23 RS BR 860
Page 4 of 8
XXXX 1/3/2023 11:37 AM Jacketed
Section 6. KRS 257.390 is amended to read as follows: 1
Chickens, turkeys, or other poultry over five (5) months of age intended for breeding 2
purposes shall not be imported into the state unless they have passed a negative 3
agglutination test for pullorum disease under the supervision of an[a Division of Animal 4
Health] authority of the Office of State Veterinarian within thirty (30) days preceding 5
date of importation, or have originated from flocks authoritatively participating in a 6
pullorum control and eradication phase of the National Poultry Improvement Plan or 7
other USDA-administered plan. 8
Section 7. KRS 257.400 is amended to read as follows: 9
Hatching eggs and all poultry under five (5) months of age including baby chicks, started 10
chicks, turkey poults, and other newly hatched domestic poultry except those intended for 11
immediate slaughter which may be imported into the state under permit issued by[ the 12
Division of Animal Health of] the Office of State Veterinarian, and sold or offered for 13
sale in this state, shall have originated from flocks that meet the pullorum requirements of 14
the National Poultry Improvement Plan or other USDA-administered plan, and the 15
regulations promulgated by authority of KRS 257.370 to 257.460 for the control and 16
eradication of pullorum disease. Nothing in KRS 257.370 to 257.460, however, shall 17
require any hatchery, dealer, or flock owner to participate in the National Poultry 18
Improvement Plan. 19
Section 8. KRS 257.410 is amended to read as follows: 20
Hatching eggs and all poultry under five (5) months of age, including baby chicks, started 21
chicks, turkey poults, other newly hatched domestic poultry, except those intended for 22
immediate slaughter, that are imported into this state shall have originated in flocks that 23
meet the pullorum requirements of the National Poultry Improvement Plan, or other 24
USDA-administered plan, and the administrative regulations promulgated by authority of 25
KRS 257.370 to 257.460. Every container of poultry under five (5) months of age, 26
including baby chicks, started chicks, turkey poults, and any other newly hatched 27 UNOFFICIAL COPY 23 RS BR 860
Page 5 of 8
XXXX 1/3/2023 11:37 AM Jacketed
domestic poultry, except those intended for immediate slaughter, and hatching eggs 1
imported into this state shall bear an official label or certificate showing the name and 2
address of the importer, the authority under which the testing for pullorum disease was 3
done, and the pullorum control and eradication class of the product, the use of the 4
certificate or label to be approved by the official state agency or the Office of State 5
Veterinarian[Division of Animal Health] official of the state of origin. 6
Section 9. KRS 257.420 is amended to read as follows: 7
No person, firm, or corporation shall operate a public hatchery, and no person, dealer, 8
jobber, peddler, or huckster in baby chicks, started chicks, turkey poults, other newly 9
hatched domestic poultry, and hatching eggs shall operate as a public hatchery within this 10
state without obtaining an annual permit from the Office of State Veterinarian[Division 11
of Animal Health] to so operate, and paying a permit fee of ten dollars ($10) per annum. 12
This is not intended to require a permit of hatcheries, chick dealers, chick salesmen, or 13
corporations selling less than one thousand (1,000) chicks per year, or egg dealers selling 14
less than thirty-five hundred (3,500) eggs per year. 15
Section 10. KRS 257.440 is amended to read as follows: 16
Any permit may be suspended or canceled by the Office of State Veterinarian[Division 17
of Animal Health], after opportunity for a hearing to be conducted in accordance with 18
KRS Chapter 13B, for any violation of KRS 257.370 to 257.460 or the regulations 19
promulgated under KRS 257.370 to 257.460. Any person who is refused a permit or 20
whose permit is revoked after a hearing may appeal the final order to the Circuit Court of 21
Franklin County in accordance with KRS Chapter 13B. 22
Section 11. KRS 257.450 is amended to read as follows: 23
All poultry of whatever age or species and all hatching eggs that are sold or offered for 24
sale within this state or enter into this state not in compliance with the provisions of KRS 25
257.370 to 257.460 shall be quarantined by the Office of State Veterinarian[Division of 26
Animal Health]. Where possible, the office[division] shall make the tests necessary to 27 UNOFFICIAL COPY 23 RS BR 860
Page 6 of 8
XXXX 1/3/2023 11:37 AM Jacketed
determine whether or not pullorum disease is present in any of the quarantined poultry. 1
With respect to all other poultry where tests are not possible, and to hatching eggs, 2
sufficient proof must be presented that they have originated from approved flocks. The 3
poultry or flocks found to be infected with pullorum disease, and the poultry and hatching 4
eggs lacking the required proof of origin from approved flocks, shall be destroyed. 5
Section 12. KRS 257.470 is amended to read as follows: 6
For the purpose of enforcing the provisions of KRS 257.330 to 257.440, the inspectors of 7
the Office of State Veterinarian[Division of Animal Health] shall have free access to any 8
premises or vehicles for the purpose of inspection. 9
Section 13. KRS 321.200 is amended to read as follows: 10
(1) No provision of this chapter shall be construed to prohibit any of the following: 11
(a) Any persons from gratuitously treating animals in cases of emergency, 12
provided they do not use the word "veterinarian," "veterinary," or any title, 13
words, abbreviation, or letters in a manner or under circumstances which may 14
induce the belief that the person using them is qualified to practice veterinary 15
medicine as described in KRS 321.181(5); 16
(b) The owner of any animal or animals and the owner's full-time, or part-time, 17
regular employees from caring for and treating, including administering drugs 18
to, any animals belonging to the owner. Transfer of ownership or a temporary 19
contract shall not be used for the purpose of circumventing this provision; 20
(c) Any person from castrating food animals and dehorning cattle, as long as any 21
drugs or medications are obtained and used in accordance with applicable 22
federal statutes and regulations governing controlled and legend drugs; 23
(d) Any student as defined in KRS 321.181 from working under the direct 24
supervision of a veterinarian who is duly licensed under the laws of this 25
Commonwealth; 26
(e) Nonlicensed graduate veterinarians in the United States Armed Services or 27 UNOFFICIAL COPY 23 RS BR 860
Page 7 of 8
XXXX 1/3/2023 11:37 AM Jacketed
employees of the Animal and Plant Health Inspection Service of the United 1
States Department of Agriculture[ or the Kentucky Department of 2
Agriculture, Division of Animal Health] while engaged in the performance of 3
their official duties, or other lawfully qualified veterinarians residing in other 4
states, from meeting licensed veterinarians of this Commonwealth in 5
consultation; 6
(f) A trainer, sales agent, or herdsman from caring for animals, upon instruction 7
from a Kentucky-licensed veterinarian, provided there is a veterinary-client-8
patient relationship, as defined in KRS 321.185; 9
(g) A university faculty member from teaching veterinary science or related 10
courses, or a faculty member or staff member from engaging in veterinary 11
research, including drug and drug testing research, provided that research is 12
conducted in accordance with applicable federal statutes and regulations 13
governing controlled and legend drugs; 14
(h) Any person who holds a postgraduate degree in reproductive physiology or a 15
related field, and who has performed embryo transfers in Kentucky during the 16
five (5) years immediately preceding July 14, 1992, from performing embryo 17
transfers; 18
(i) Volunteer health practitioners providing services under KRS 39A.350 to 19
39A.366; or 20
(j) A retailer or its agent from providing information and suggestions regarding 21
the over-the-counter products it sells to treat animals so long as the 22
information and suggestions are consistent with the product label. 23
(2) (a) A nonresident of the United States may be employed in this state to practice 24
veterinary medicine for not more than thirty (30) days of each year, provided 25
he or she: 26
1. Holds a valid, current license as a veterinarian in his or her home 27 UNOFFICIAL COPY 23 RS BR 860
Page 8 of 8
XXXX 1/3/2023 11:37 AM Jacketed
country; 1
2. Practices under the direct supervision of a veterinarian licensed in 2
Kentucky; 3
3. Registers with the board prior to commencing practice in the state; and 4
4. Agrees to practice and follow all the rules and administrative regulations 5
of this chapter and be subject to discipline for violations of those rules 6
and administrative regulations by the Kentucky Board of Veterinary 7
Examiners. 8
(b) This subsection shall not apply to a nonresident of the United States who is 9
otherwise eligible for a Kentucky license under this chapter. 10
(3) Nothing in this chapter shall interfere with the professional activities of any 11
licensed pharmacist. 12