2011 Kentucky Revised Statutes CHAPTER 257 LIVESTOCK AND POULTRY DISEASE CONTROL 257.497 National animal identification system -- Voluntary system -- Mandatory system -- Restrictions on board -- Exceptions.
KY Rev Stat § 257.497 (1996 through Reg Sess) What's This?
257.497 National animal identification system -- Voluntary system -- Mandatory
system -- Restrictions on board -- Exceptions.
(1)
(2)
(3)
(4)
(5)
(6)
The board may promulgate administrative regulations necessary to carry out the
provisions of the national animal identification system if the system becomes
mandatory through final federal action in accordance with the Administrative
Procedure Act, 5 U.S.C. sec. 500 et seq., as amended. If the system becomes
mandatory, the administrative regulations shall be no more stringent than the federal
law or regulations.
As long as the national animal identification system is voluntary, the board shall
not:
(a) Mandate or force participation in the system or any other similar system that
regulates livestock or poultry, as defined by KRS 246.010, including premise
registration, animal identification, or the tracking or surveillance of livestock
or poultry;
(b) Withhold indemnity as provided in KRS 257.120 and 257.130 based solely on
nonparticipation in the national animal identification system; or
(c) Deny, revoke, or limit services, licenses, permits, grants, or other benefits or
incentives to a person if that person does not participate in the national animal
identification system.
Nothing in this section shall be construed as prohibiting:
(a) The board from establishing or participating in disease control programs
specifically designed to address a known disease in a specific species of
livestock;
(b) The board from operating livestock identification, brand registration, or
inspection programs as authorized under the Kentucky Revised Statutes; or
(c) Private agricultural industry organizations from establishing voluntary source
verification programs for their own members or others who elect to
participate.
No city, town, county, or other political subdivision of the Commonwealth shall
adopt or continue in effect any ordinance, resolution, rule, or regulation requiring
participation in the national animal identification system or any other similar system
that regulates livestock or poultry, as defined by KRS 246.010, including premise
registration, animal identification, or the tracking or surveillance of livestock or
poultry. Local legislation in violation of this subsection shall be void and
unenforceable.
Except as provided in subsections (6) and (7) of this section, the board shall not
release any records, data, or information collected, recorded, or otherwise, deemed
confidential for the purposes of the national animal identification system.
Any records, data, or information deemed confidential under application of
subsection (5) of this section shall be subject to inspection only upon order of a
court of competent jurisdiction.
(7)
Nothing in this section shall limit the release of records, data, or information to
another state or federal agency if the release of the information is necessary to
prevent or control disease or to protect public health, safety, or welfare.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 85, sec. 1, effective July 15, 2008. -- Created
2006 Ky. Acts ch. 27, sec. 2, effective July 12, 2006.
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