KRS 257.497: National animal identification system -- Voluntary system -- Mandatory

system -- Restrictions on board -- Exceptions.

(1) The board may promulgate administrative regulations necessary to carry out the

provisions of the national animal identification s ystem 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.

(2) 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 2 46.010, 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.

(3) 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.

(4) 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 po ultry, 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.

(5) Except as provided in s ubsections (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.

(6) Any records, data, or informatio n 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 s tate or federal agency if the release of the information is necessary to

prevent or control disease or to protect public health, safety, or welfare.