KRS 257.196: Commission to recommend on -farm livestock and poultry care standards

to board -- Approval or rejection -- Administrative regulations -- Construction

-- Preemption.

(1) 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 regulati ons 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, maintai n, or revise on -farm livestock and poultry care standards

without a recommendation by the commission.

(2) Before recommending on -farm livestock and poultry care standards to the board,

the commission may consult with agricultural representatives from Kentu cky State

University, Western Kentucky University, Eastern Kentucky University, Morehead

State University, and Murray State University.

(3) 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.

(4) Nothing in this section shall be construed to abrogate the regulatory authority of:

(a) The Kentucky Horse Racing and Gaming Corporation to inspect, investigate,

and supervise horses and other participants in horse racing as provided by

KRS Chapter 230 and the administrative regulations promulgated under KR S

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 ch apter 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.

(5) (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 po ultry 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 constr ued to preempt any local ordinance

or regulation affecting planning and zoning adopted in accordance with KRS

Chapter 100.

(c) The provisions of paragraph (a) of this subsection shall not affect ordinances,

resolutions, rules, or regulations adopted before July 15, 2010.