2014 Kentucky Revised Statutes CHAPTER 257 - LIVESTOCK AND POULTRY DISEASE CONTROL 257.196 Commission to recommend on-farm livestock and poultry care standards to board -- Approval or rejection -- Administrative regulations -- Construction -- Preemption.
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257.196 Commission to recommend on-farm livestock and poultry care
standards to board -- Approval or rejection -- Administrative regulations -Construction -- Preemption.
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(2)
(3)
(4)
(5)
The commission shall make recommendations to the board to establish,
maintain, or revise standards governing the care and well-being of on-farm
livestock and poultry. The board shall approve or reject recommendations
within ninety (90) days of receiving recommendations. If approved, the board
shall promulgate administrative regulations establishing the standards within
thirty (30) days of approval. If rejected, the board shall notify the commission in
writing within thirty (30) days of the rejection, and shall list the reasons for the
rejection. The board shall not establish, maintain, or revise on-farm livestock
and poultry care standards without a recommendation by the commission.
Before recommending on-farm livestock and poultry care standards to the
board, the commission may consult with agricultural representatives from
Kentucky State University, Western Kentucky University, Eastern Kentucky
University, Morehead State University, and Murray State University.
When developing recommendations for on-farm livestock and poultry care
standards to the board, the commission shall consider factors that include but
are not limited to:
(a) Animal well-being and agricultural best management practices;
(b) Herd health; and
(c) Safe, affordable, healthy food supplies for consumers.
Nothing in this section shall be construed to abrogate the regulatory authority
of:
(a) The Kentucky Horse Racing Commission to inspect, investigate, and
supervise horses and other participants in horse racing as provided by
KRS Chapter 230 and the administrative regulations promulgated under
KRS Chapter 230, or any other law applicable to the regulation of horse
racing in the Commonwealth;
(b) The Kentucky Board of Veterinary Examiners to license and certify
veterinarians as provided by KRS Chapter 321 and the administrative
regulations promulgated under KRS Chapter 321, or any other law
applicable to the regulation of veterinarians in the Commonwealth; or
(c) The Board of Agriculture to prevent, control, or eradicate any
communicable disease of on-farm livestock or poultry as provided by this
chapter and the administrative regulations promulgated under this
chapter, or any other law applicable to the prevention, control, or
eradication of communicable diseases of on-farm livestock or poultry.
(a) A city, town, county, urban-county, charter county, consolidated local
government, unified local government, or other political subdivision of the
Commonwealth shall not adopt any ordinance, resolution, rule, or
regulation regarding on-farm livestock or poultry care that is more
stringent than the administrative regulations promulgated by the board
under subsection (1) of this section. Local legislation in violation of this
subsection is void and unenforceable.
(b) Nothing in this subsection shall be construed to preempt any local
(c)
ordinance or regulation affecting planning and zoning adopted in
accordance with KRS Chapter 100.
The provisions of paragraph (a) of this subsection shall not affect
ordinances, resolutions, rules, or regulations adopted before July 15,
2010.
Effective:July 15, 2010
History: Created 2010 Ky. Acts ch. 106, sec. 9, effective July 15, 2010.
Legislative Research Commission Note (7/15/2010). A reference to the
"Kentucky Horse Racing Authority" in subsection (4) of this section, as created
by 2010 Ky. Acts ch. 106, sec. 9, has been changed in codification to the
"Kentucky Horse Racing Commission" to reflect the reorganization of certain
parts of the Executive Branch, as set forth in Executive Order 2009-535 and
confirmed by the General Assembly in 2010 Ky. Acts ch. 24. This change was
made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.
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