Volume 45 - Issue 10 - March 5, 2026
State of Kansas
Department of Agriculture
Division of Animal Health
Notice of Hearing on Proposed Administrative Regulations
A public hearing will be conducted at 10:00 a.m. May 6, 2026, 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/j/84223133138?pwd=m8SGmMOZLmbcC70NGaMERW4VaHThae.1&jst=1. After registering, a confirmation email will be sent 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 amended regulations for the domesticated cervid operations and Chronic Wasting Disease Herd Certification Program (CWD HCP) within Kansas. The CWD HCP is a voluntary program that operates under guidance of the federal CWD HCP and associated program standards. The program is designed to require a minimum set of standards a CWD-susceptible herd must comply with to establish its status as a CWD-free herd.
A summary of each proposed regulation and its economic impact follows:
K.A.R. 9-3-6 – This amended regulation provides an expanded list of definitions that are relevant to and used throughout the regulations.
K.A.R. 9-3-7 – This amended regulation outlines the fees necessary to obtain a domesticated cervid permit. An exception was added that clarifies that non-owner haulers are exempt from the requirement to have a domesticated cervid permit.
K.A.R. 9-3-8 – This amended regulation outlines the recordkeeping and submission requirements necessary to maintain a domesticated cervid permit. The regulation sets forth the information that must be retained for each animal that is part of a domesticated cervid operation. This includes the requirements for a domesticated cervid movement notification to be filed with KDA for any intrastate movements.
K.A.R. 9-3-9 – This amended regulation governs the issuance of certificates of veterinary inspection for the importation of cervids into Kansas as well as the domestic cervid movement notification required for intrastate movements.
K.A.R. 9-3-11 – This amended regulation governs the tuberculosis (TB) requirements for a Kansas cervid herd. The requirement for a negative TB test prior to an intrastate movement is being rescinded.
K.A.R. 9-3-12 – This amended regulation provides the requirements for the confinement, handling and health management of a domesticated cervid operation. It was revised to clarify the fencing requirements for herds enrolled in the CWD HCP and recognize the use of chemical restraint as an acceptable herd management practice.
K.A.R. 9-3-15 – This amended regulation provides the requirements necessary for participation in the CWD HCP and outlines the expanded record submission and CWD testing requirements for a herd enrolled in the CWD HCP. Revisions within this regulation include the latitude via a state risk assessment to exchange alternative testing modalities for the post-mortem test that may have been missed or found to be not adequate.
K.A.R. 9-3-16 – This amended regulation outlines the program levels of the CWD HCP and what is required of a herd to obtain CWD herd certification status. The language was changed to better align with the federal definitions and description within the federal CWD HCP rules and program standards. It describes the changes of a herd status that will occur as the result of a suspect or positive CWD test.
K.A.R. 9-3-17 – This amended regulation describes the requirements for a herd that is designated as a positive CWD herd. Revisions include outlining what is required of a CWD-positive herd plan and establishing the timeline for plan development and response protocols. It further outlines the protocol that will be used for carcass disposal of cervids from positive CWD premises.
The proposed regulations are not mandated by federal law as the CWD HCP is a voluntary program for cervid operations to establish a certification for their animals.
The regulation changes will:
- Enhance the ability to move cervids intrastate by removing the negative tuberculosis test requirement
- Enhance industry members’ ability to understand the requirements necessary to be a CWD HCP certified herd
- Enhance interstate business opportunities by ensuring that the Kansas CWD HCP is aligned and compliant with the expectations of the federal CWD HCP rule and program standards
- Enhance business operations by providing clearer requirements for a cervid herd that has been designated as a CWD-positive herd, which will allow Kansas to maintain its CWD HCP compliant status and will allow other herds in Kansas to maintain business continuity
The proposed amendments also provide producers with the latitude to implement alternative ante-mortem testing regimens for missed or inadequate postmortem CWD samples. This could result in significant savings by allowing an operation to avoid sacrificing an animal that could be worth several thousand dollars to replace a missed sample. In contrast to the minimal additional cost of ante-mortem testing options, the benefits of the proposed amendments far outweigh the costs.
The only additional cost that may affect businesses would be the choice to employ ante-mortem testing as opposed to the current practice of performing postmortem testing on a replacement animal. Based on a history of 14 missed or inadequate test results over the last 5 years, it is reasonable to expect an average of approximately 3 missed or inadequate test results per year. Each of those three missed tests would require five ante-mortem samples to be collected and analyzed, at a cost of $28 per sample. A reasonable estimate of veterinarian fees would be $50 per sample. (3 missed tests x 5 samples = 15 samples; 15 samples x $78 per sample = $1,170 per year)
KDA does not anticipate that the proposed regulations will present any implementation and compliance costs to state businesses, sectors, public utility ratepayers, individuals, or local governments. In addition, KDA does not anticipate any changes in aggregate state revenues and expenditures, any significant increase or decrease in revenues, or any imposed functions or responsibilities on cities, counties or school districts. Letters were mailed to the League of Kansas Municipalities, the Kansas Association of School Boards, and the Kansas Association of Counties. No responses were received from those entities.
KDA engaged in extensive outreach and discussions with the Kansas Cervid operations as well as the USDA APHIS Cervid Health team. These conversations and feedback aimed to address some of the regulatory burdens of the current program while maintaining the level of oversight necessary to minimize the risk of Kansas cervid producers’ herds being exposed to CWD from another domestic herd. The proposed regulations were also provided to all livestock stakeholder groups and licensees for a 60-day informal comment period. All responses received were favorable and encouraged KDA to move the regulations forward.
The Kansas Cervid industry requested a review of the current Kansas regulations and the implementation of possible revisions. This resulted in meetings with a working group of Kansas Cervid stakeholders and leadership multiple times over the last two years to discuss the current domestic cervid regulations and the proposed changes. All comments received were positive and supported moving forward.
Additionally, KDA consulted with the USDA APHIS Cervid Health team and included many of their recommendations to ensure that the Kansas CWD HCP remains compliant with the federal program. Likewise, KDA consulted with KDW&P to get concurrence and agreement with the changes.
Any individual with a disability may request accommodation to participate in the public hearing and may request the proposed regulations and their economic impact statement in an accessible format. Requests for accommodation 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 and entrance are located on the west side of the building at 1320 Research Park Dr., Manhattan, Kansas, and 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 https://www.agriculture.ks.gov.
Justin Smith
Commissioner
Division of Animal Health
Kansas Department of Agriculture
Doc. No. 053934
