Kan. Admin. Regs. § 9-3-6

Current through Register Vol. 43, No. 49, December 5, 2024

Section 9-3-6 - Definitions

As used in K.A.R. 9-3-6 through 9-3-17, each of the following terms shall have the meaning specified in this regulation:

(a) "Adult domesticated cervid" means any domesticated cervid that is 12 months of age or older.

(b) "Affected herd" means any domesticated cervid herd in which tissues or fluids collected from a live animal or carcass of an animal tested positive for any infectious or contagious disease for which the herd may be quarantined, including chronic wasting disease (CWD), bovine tuberculosis (TB), or Brucella abortus (brucellosis), using an approved test conducted at an approved laboratory.

(c) "Animal" means a member of the family Cervidae, unless otherwise stated.

(d) "APHIS" means the animal and plant health inspection service of the United States department of agriculture.

(e) "Approved laboratory" means any laboratory approved by APHIS to conduct brucellosis, TB, and CWD testing.

(f) "Approved test" means any test for brucellosis, TB, or CWD conducted under protocols established by APHIS.

(g) "Cervid" means any member of the family Cervidae and hybrids, including deer, elk, moose, caribou, reindeer, and related species.

(h) "Chronic wasting disease" and "CWD" mean a nonfebrile, transmissible spongiform encephalopathy that is insidious and degenerative and that affects the central nervous system of cervids.

(i) "Commingling" means grouping animals in a manner in which physical contact among animals could occur, including maintaining animals in the same pasture or enclosure. This term shall not include holding animals at a sale, during transportation, during artificial insemination, or in other situations in which only limited contact is involved.

(j) "Commissioner" means Kansas animal health commissioner.

(k) "CWD-clean herd" means a herd that has been a participating herd for at least 10 years in Kansas or in a state with a CWD monitoring program of equivalent status.

(l) "CWD-exposed animal" means an animal that is part of a CWD-positive herd or that has been exposed to a CWD-positive animal or contaminated premises within the previous five years.

(m) "CWD-exposed herd" means a herd in which a CWD-positive animal has resided within five years before that animal's diagnosis as CWD-positive, as determined by an APHIS employee or representative of the commissioner.

(n) "CWD-infected herd" means any herd with a confirmed CWD-positive animal that has not completed a herd plan.

(o) "CWD-positive animal" means any cervid that tests positive on an approved test at an approved laboratory.

(p) "CWD-source herd" means a herd that is identified through testing or epidemiological investigations to be the source of CWD-positive animals identified in other herds.

(q) "CWD-suspect animal" means any cervid that showed clinical signs of the disease before death, but whose results on an approved test are inconclusive or have not yet been reported.

(r) "CWD-suspect herd" means a herd for which unofficial CWD test results, laboratory evidence, or clinical signs suggest a diagnosis of CWD, as determined by an APHIS employee or state representative, but for which confirmatory laboratory results have been inconclusive or not yet reported.

(s) "Depopulate" means to remove, from a premises, animals that are determined to be infected or exposed to a specific disease by means of euthanizing the animals or by moving the animals to an approved slaughter facility for slaughter.

(t) "Domesticated cervid" means "domesticated deer," as defined in K.S.A. 47-2101 and amendments thereto.

(u) "Domesticated cervid permit" means the permit required by K.S.A. 47-2101, and amendments thereto, to sell or raise any cervid.

(v) "Herd" means a group of animals maintained on the same premises or two or more groups of animals maintained in a manner that results in commingling.

(w) "Herd inventory" means an accounting that lists each adult domesticated cervid by its sex, age, breed or species, official identification and any other identification and that is confirmed by an accredited veterinarian or by a representative of the commissioner.

(x) "Herd plan" means a signed written agreement between the herd owner, the commissioner, and the APHIS administrator, detailing any testing requirements and allowable movements into and out of an affected herd. The herd plan may also include requirements on fencing, decontamination, and cleanup of premises.

(y) "Herd status" means the number of years during which a herd owner's participating herd has been in an approved CWD monitoring program, indicating the probability that the herd is not affected by the disease. Herd status is determined by the length of time the herd has been monitored for CWD and by the herd owner's full compliance with the program.

(z) "Official identification" means the identification required by K.S.A. 47-2101, and amendments thereto, which for any animal in a participating herd shall be in the form of a unique means of identification approved by APHIS and the commissioner. Acceptable forms of official identification shall include electronic implants, which are also known as microchips, radio frequency identification (RFID) tags, tamper-resistant tags, and national uniform eartagging system tags but shall exclude ear tattoos and flank tattoos.

(aa) "Participating herd" means any herd enrolled in the CWD monitoring program.

(bb) "Premises" means the grounds and buildings occupied by a herd and equipment used in the husbandry of the herd.

(cc) "Program" means the CWD monitoring program or the APHIS herd certification program, whichever is applicable.

(dd) "TB" means bovine tuberculosis.

Kan. Admin. Regs. § 9-3-6

Authorized by and implementing K.S.A. 2013 Supp. 47-607d, 47-610, and 47-2101; amended by Kansas Register Volume 33, No. 36, effective 9/19/2014.