Volume 43 - Issue 48 - November 28, 2024
State of Kansas
Department of Agriculture
Division of Animal Health
Notice of Hearing on Proposed Administrative Regulations
A public hearing will be conducted at 2:00 p.m. January 30, 2025, in the 1st floor meeting room 124 of the Kansas Department of Agriculture, 1320 Research Park Dr., Manhattan, Kansas, to consider the adoption of the proposed regulations. The public hearing will be conducted in person and via video conferencing system. Members of the public who wish to attend the public hearing virtually must pre-register at https://kansasag.zoom.us/meeting/register/tZIpdOCgrTwtGdU-23o-bKgKxkHMEB7eIjvt.
After registering, you will receive a confirmation email containing information about joining the meeting.
This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments regarding the proposed regulations. All interested parties may submit written comments prior to the hearing by mail or email to Kansas Department of Agriculture, Attn: Ronda Hutton, 1320 Research Park Dr., Manhattan, KS 66502, or ronda.hutton@ks.gov. Comments may also be made via the Kansas Department of Agriculture’s website at https://www.agriculture.ks.gov/public-resources/public-comments.
All interested parties will also be given a reasonable opportunity to orally present their views regarding the adoption of the proposed regulations during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation to five minutes. These regulations are proposed for adoption on a permanent basis.
The Kansas Department of Agriculture (KDA) is proposing revisions to existing regulations authorized by K.S.A. 47-417. The changes will help meet the increasing operational costs necessary to maintain the program to meet the industry needs and expectations.
A summary of each proposed regulation and their economic impact follows:
K.A.R. 9-15-2 eliminates the restriction that ear marks be recorded at the time of the original brand registration and eliminates the fee requirement for the recording of ear marks on subsequent brand registrations.
K.A.R. 9-15-4 implements an increase for livestock brand registration and renewal fees from $45 to $70 for a five-year recording period. Additionally, there will be a fee of $5.00 for new brand registration application.
The proposed regulations are not mandated by federal law as a requirement for participating in or implementing a federally subsidized or assisted program. The proposed changes do not exceed the requirements of applicable federal law.
KDA does not anticipate that the proposed regulations will significantly enhance or restrict business activity or growth in Kansas. The proposed regulations will simply implement the streamlined process of recording ear marks as part of a brand registration as well as implement the fee increases authorized by recent statutory changes. In developing the proposed regulations, KDA consulted the Kansas Animal Health Advisory Board, Kansas Cattlemen’s Association, Kansas Livestock Association, Kansas Farm Bureau, Kansas Horse Council, Livestock Marketing Association, Kansas Pork Association, K-State Research and Extension, Kansas Veterinary Medical Association, and United States Department of Agriculture Veterinary Services. None of the groups expressed concern that the proposed regulation would restrict their business activities or growth.
KDA anticipates that the proposed regulations will have minimal economic effect for Kansans. The use of a livestock brand in the state of Kansas is not required and the registration of a brand is only required of those that elect to utilize the brand. The economic impact of the proposed regulations will increase the cost of a registered brand by $25. This will raise the cost from the current $45 to $70 for a five-year period. Additionally, for those that are seeking a new brand, there will be a new cost of $5 for the new brand application process.
The proposed regulations will directly affect those producers that elect to register a brand in the state of Kansas.
The benefits of the proposed regulations outweigh the costs by supporting a viable and accurate brand record program. The livestock brands program has a historical significance to the state of Kansas as well as those that are registered brand owners. More importantly, having a brand recorder program that is robust, capable and accurate is vital in supporting livestock brand use in Kansas. In contrast with the $25 increase for a 5-year registration (or $5 per year), the benefits outweigh the costs.
The agency has evaluated the historical costs of implementing the brand recording program and coupled this with the resource projections from the number of annual brand registrations and determined the modest fee increases proposed are necessary to maintain the current program. The brand registration fee has not increased since 2000.
Based on an average of 3200 brand renewal registrations and 1500 new brand applications per year, KDA extrapolated the $25 increase and $5 application fee as follows:
3200 brand renewals X $25 = $80,000
1500 new brand applications X $5 = $7,500
State revenues should increase by approximately $87,500 in the current fiscal year as well as the next (based on the amounts calculated above).
As previously stated, impacts of these proposed regulations should be limited to those individuals that choose to register a brand in Kansas. Individuals would see an initial increase of $5 due to the application fee and an increase of $25 every 5 years. KDA does not anticipate any impacts, immediate or long-range, for small employers or the public.
KDA circulated drafts of the proposed regulations to stakeholders involved in the Kansas Animal Health Advisory Board, Kansas Cattlemen’s Association, Kansas Livestock Association, Kansas Farm Bureau, Kansas Horse Council, Livestock Marketing Association, Kansas Pork Association, K-State Research and Extension, Kansas Veterinary Medical Association, and United States Department of Agriculture Veterinary Services. Those individuals that responded indicated support for the proposed amendments.
Any individual with a disability may request accommodations to participate in the public hearing and may request the proposed regulations and their economic impact statement in an accessible format. Requests for accommodations should be made at least five working days in advance of the hearing by contacting Ronda Hutton, via telephone at 785-564-6715 or via fax at 785-564-6777. Handicapped parking is located on the west side of the building at 1320 Research Park Dr., Manhattan, Kansas, and the west entrance to the building is accessible to individuals with disabilities.
Copies of the regulations and their economic impact statement may be obtained by contacting the Department via mail at Kansas Department of Agriculture, Attn: Ronda Hutton, 1320 Research Park Dr., Manhattan, KS 66502, via telephone at 785-564-6715, or via the Department’s website at http://agriculture.ks.gov.
Michael M. Beam
Secretary
Department of Agriculture
Doc. No. 052690
