{"data":{"id":"us-ky/krs-150.740","jurisdiction":"us-ky","citation":"KRS 150.740","heading":"Ban on live Cervidae importation except under certain conditions --","body":"Penalties -- Reports on chronic wasting disease to be submitted to Interim\nJoint Committees annually -- Authority of department to seize captive cervids -\n- Hearing -- Appeal.\n(1) There shall be a ban on the importation of live members of the animal family\nCervidae into the Commonwealth that have not been subject to a program of\nsurveillance and identification for cervid chronic wasting disease (CWD) that meets\nor exceeds:\n(a) The requi rements of the Kentucky Cervid CWD Surveillance and\nIdentification (CCWDSI) Program set forth in this section and in\nadministrative regulations promulgated by the Kentucky Department of\nAgriculture; and\n(b) Any other health requirements as regulated by the  Kentucky Department of\nAgriculture or the United States Department of Agriculture for cervids.\n(2) The Kentucky Department of Agriculture shall be responsible for authorizing\nimportation of the members of the animal family Cervidae into the Commonwealth\nthat have been subject to a program of surveillance and identification for cervid\nCWD that meets or exceeds:\n(a) The requirements of the Kentucky CCWDSI Program set forth in this section\nand in administrative regulations promulgated by the Kentucky Department of\nAgriculture; and\n(b) Any other health requirements as regulated by the Kentucky Department of\nAgriculture or the United States Department of Agriculture for cervids.\n(3) Members of the animal family Cervidae shall not be eligible for importation into the\nCommonwealth unless the program of surveillance and identification for cervid\nCWD to which they have been subject:\n(a) Has been certified by the exporting state's state veterinarian or agency having\njurisdiction over that state's surveillance and identification program;\n(b) Has been approved by the Kentucky state veterinarian as meeting or exceeding\nthe standards imposed under the Kentucky CCWDSI Program; and\n(c) Meets, at minimum, the following requirements:\n1. The program shall require cervid owners to obtain identification and\nlaboratory diagnosis from brain tissue as directed by the exporting state's\nstate veterinarian or agency with jurisdiction for cervids twelve (12)\nmonths of age or greater that:\na. Display clinical signs of CWD;\nb. Die, including deaths by slaughter or by hunting, including hunting\non hunting preserves; or\nc. Are ill or injured regardless of whether the illness or injury results\nin death; and\n2. The program shall require cervid owners to obtain cervids from herds\nthat have been monitored for at least five (5) years and that have\ncomplied with the standards contained in the Kentucky CCWDSI\nProgram.\n(4) Cervids originating from a state that has reported a confirmed case of CWD in wild\nor captive cervids shall not be imp orted into Kentucky until The United States\nDepartment of Agriculture approves:\n(a) Regulations that allow importation from those states; and\n(b) A live test for CWD that is available for live testing of cervids.\n(5) Importation of members of the animal fa mily Cervidae into the Commonwealth\nshall be consistent with this section and with administrative regulations\npromulgated by the Kentucky Department of Agriculture in cooperation with the\nKentucky Department of Fish and Wildlife Resources.\n(6) A person sha ll be guilty of a Class D felony upon conviction for violating this\nsection. Upon conviction of a second violation of this section and in addition to all\nother penalties, a person shall be permanently ineligible for renewal of a captive\ncervid permit. On o r before November 1 of each year, the Department of Fish and\nWildlife Resources and the Department of Agriculture, Office of the State\nVeterinarian, respectively shall issue reports to the Interim Joint Committee on\nAgriculture and the Interim Joint Commit tee on Natural Resources and\nEnvironment on the status of chronic wasting disease, and the reports may include\nthe status of other animal or wildlife diseases in Kentucky and the United States.\nThe reports shall be used for the purpose of determining the n eed for modifications\nto the statutory ban on the importation of cervids into the Commonwealth.\n(7) The Department of Fish and Wildlife Resources shall have the authority to\nimmediately, and without compensation to the owner, seize captive cervids that\nhave been imported into the Commonwealth contrary to this section. The individual\nwhose cervids were seized may request an administrative hearing pursuant to KRS\nChapter 13B within thirty (30) days of the department's seizure and may appeal the\nfinal decision  to Franklin Circuit Court in accordance with KRS Chapter 13B.\nPending the final outcome of all appeals, the seized cervids may be disposed of by\nthe department without compensation to the owner.\n(8) The department shall have the authority to immediately, and without compensation\nto the owner, seize and destroy captive cervids that are in the process of being\nimported into the Commonwealth contrary to this section.\n(9) A captive cervid originating from outside the Commonwealth of Kentucky which is\nin transi t, as defined in KRS 150.725 and which is being transported through the\nCommonwealth to another state or nation of destination shall meet the entry\nrequirements of the state or nation of destination.\n(10) A person intending to transport a captive cervid through Kentucky shall, prior to the\ncaptive cervid entering Kentucky, obtain a transportation permit from the Office of\nthe State Veterinarian. This permit shall specify that:\n(a) A captive cervid being transported through Kentucky shall not remain in\nKentucky for more than twenty -four (24) hours from the time of entry and, if\nthis requirement cannot be met once the animal is in Kentucky, the Office of\nthe State Veterinarian shall be contacted to secure a variance to the permit;\n(b) A captive cervid being tr ansported through Kentucky shall not leave the\ntransport vehicle while in Kentucky; and\n(c) The person transporting the captive cervid through Kentucky shall follow the\nroutes specified in the transport permit, if this requirement cannot be met once\nthe an imal is in Kentucky, the Office of the State Veterinarian shall be\ncontacted to secure a variance to the permit.","path":["KRS Chapter 150"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=2065","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:45Z","sha256":"bda005a994567e23e0b2255998e9bc9857113aa8d83f39cb6d8c1208ada49212","source_id":"us-ky","stale":false,"prev":"us-ky/krs-150.735","next":"us-ky/krs-150.990"},"notice":"GroundRules: Original legal text. Not legal advice."}