Kansas Department of Animal Health has revised its regulations dealing with hatching eggs, chicks, and grown birds.  These regulations became efective in January.

February 2025

K.A.R. 9-8-6. Mechanical equipment. The operator of a feed lot shall have available at his feed lot, either by ownership or by lease arrangement, necessary equipment, in good repair, which shall include the following: a bulldozer, a road grader, and a scoop or other mechanically operated equipment capable of scraping pens and loading manure. (Authorized by K.S.A. 47-1505, 47-1506; effective Jan. 1, 1966.)

Article 9.—Poultry And Hatching Eggs

K.A.R. 9-9-1. Poultry affected with, or exposed to, disease; importation prohibited. Poultry which is infected with, or which has been exposed to, pullorum disease, typhoid disease, Newcastle disease, fowl plague, chronic respiratory disease, fowl cholera, infectious bronchitis, laryngottacheiti infectious sinusitis, fowl pox, coccidiosis, ornithosis, tuberculosis, or any other infectious or contagious disease, shall not be brought, shipped, or imported into the state of Kansas for any purpose whatsoever. (Authorized by K.S.A. 47-610; effective Jan. 1,1966.)

K.A.R. 9-9-2. Poultry for immediate slaughter; importation. Turkeys, chickens, waterfowl, and other domesticated fowl which are apparently healthy may be brought, shipped, or imported into the state of Kansas, for immediate slaughter only, without health certificates, when consigned by common carrier, or by other approved transportation, to a destination approved by the livestock sanitary commissioner of Kansas. (Authorized by K.S.A. 47-610; effective Jan. 1,1966.)

K.A.R. 9-9-3. Turkeys under four (4) months; other poultry under five (5) months; poultry hatching eggs. Turkey poults under four (4) months of age, and other poultry under five (5) months of age, and poultry hatching eggs, may be brought, shipped, or imported into Kansas, without health certificates, if such poults and poultry and eggs originate in flocks, or are distributed from hatcheries or premises: (a) where the flock owner or hatchery owner is participating in the national turkey improvement plan and the national poultry improvement plan, whichever is applicable; or

(b) where the flock owner or hatchery owner is operating under supervision of a disease control agency of the state of origin and has been and is classified as U.S. pullorum-typhoid clean. Waterfowl and waterfowl hatching eggs may be brought, shipped, or imported into Kansas, without meeting the above requirements:

(a) if not consigned to, or if not delivered to, an approved national plan hatchery; or (b) if not consigned to, or if not delivered to, a hatchery handling domesticated fowl and hatching eggs. (Authorized by K.S.A. 47-610; effective Jan. 1,1966.)

K.A.R. 9-9-4. Poultry importation permits. Any person desiring to import poultry, or poultry hatching eggs, into Kansas shall not be entitled to do so, unless and until he shall have first obtained a poultry importation permit from the livestock sanitary commissioner of Kansas. Such a permit shall not be required for waterfowl or for waterfowl hatching eggs imported under provision of regulation 9-9-3. An application for such a permit shall be submitted to the livestock sanitary commissioner and shall be made only on a form approved and supplied by the livestock sanitary commissioner. Such a permit shall be issued to the applicant, by the livestock sanitary commissioner of Kansas, or his duly authorized representative, when it has been determined: (a) That the official disease control agency of the state of origin of proposed poultry and poultry hatching egg imports, has verified the pullorum-typhoid classification of the flock, hatchery or premises, from which the birds or eggs originate; and

(b) when such classification is acceptable to such Kansas official; and

(c) when such additional conditions and provisions, as the livestock sanitary commissioner had deemed essential for the protection of poultry in Kansas from infectious or contagious disease, have been satisfied. Each such permit shall state a date of expiration, as of June 30 following date of issuance. Each container in which poultry or poultry hatching eggs are transported or shipped into Kansas shall bear an official label stating:

(a) The name and address of the consignor;

(b) the name and address of consignee;

(c) the pullorum-typhoid classification of the poultry and poultry eggs; and

(d) the number of Kansas poultry import permit. (Authorized by K.S.A. 47-610; effective Jan. 1, 1966.)

K.A.R. 9-9-5. Health certificates; turkeys over four (4) months and other poultry over five (5) months of age. Turkeys over four (4) months of age, and other poultry over five (5) months of age, may be brought, shipped, or imported into the state of Kansas, for purposes other than immediate slaughter: Provided, they are accompanied by an official health certificate, or a permit acceptable to livestock sanitary commissioner of Kansas, issued by the chief livestock health official of the state of origin certifying: (a) that such turkeys, and such other poultry are free from any evidence of any infectious or contagious disease;

(b) that such turkeys and such other poultry have not been exposed to any such disease; and

(c) that such poultry are classified as U.S. pullorum-typhoid clean. Such turkeys and other poultry may be permitted to move into the state of Kansas under quarantine. Upon arrival at the point of destination such turkeys and poultry shall be held under such quarantine, separate and apart from other poultry, until they have been tested for pullorum and typhoid diseases, and have been found negative to such diseases, and until the elapse of thirty (30) days after such importation and after such negative tests. Such turkeys and other poultry, so imported, which are tested and found to be positive to any of such diseases, shall be immediately moved under quarantine to a destination, acceptable to the livestock sanitary commissioner, for purposes of immediate slaughter. (Authorized by K.S.A. 47-610; effective Jan. 1,1966.)I received this email from the Kansas Department of Animal Health   1/24/25. I have attached a copy the proposed bill.

I am reaching out to let you know that the bill with proposed changes to the Poultry Disease Act that was introduced into the Kansas Legislature last year will be introduced into the Senate Agriculture Committee in the near future. The bill passed out of the House last year but wasn’t discussed on the Senate side.

I have attached the proposed changes for your review, but a lot of the updates are cleaning up the language that was put in place in the 1980s. The updates are intended primarily to align our statutory language with the current/modern intent of NPIP at the national level. We mostly tried to accomplish this by striking many of the specific references to “pullorum typhoid” and replacing that with language referring simply to compliance with the plan when such is required. This is because, while pullorum typhoid was the initial disease that spurred the development of NPIP, the program has since expanded at the national level to cover additional diseases. We also eliminated most of the references to “hatchery” throughout the act because the way that term was defined previously, it arguably included even a backyard flock where eggs were hatched or a school science class hatching chicks, etc., and required them to participate in NPIP, which was not the intent of the law.   

Another change is it does include the ability to charge an annual participation fee, and this fee would be set up in regulation at a later time if passed.  It also allows for the ability to assess a visitation fee to the farms we visit to conduct pullorum typhoid testing. Participants will still have the option to become certified testers and utilize certified testers.  

Below is the email I shared last year for your reference.  Please reach out if you have any questions or concerns.

Thank you,

Sara

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Sara McReynolds DVM MPH PhD | Assistant Animal Health Commissioner 

Kansas Department of Agriculture | Division of Animal Health I

I am not aware of any modifications to the AWA.  I you are aware of changes, email them to me so I can post them. 

The Animal Welfare Regulations define poultry as any species of chickens, turkeys, swans, partridges, guinea fowl and peafowl; ducks, geese, pigeons, and doves; grouse, pheasants, and quail. Under the AWR, poultry are further defined as either a farm animal or as a wild animal or exotic animal.  

Birds that meet the regulatory definition of both poultry and farm animal (“farm-type poultry”) are any domestic species of poultry that are normally and have historically been raised on farms in the United States and are used or intended for use as food or fiber (feather), or for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber (feather). This also includes birds raised for hunting purposes.  Farm-type poultry are exempt from the regulations when used, sold, or transported solely for such agricultural purposes.  When used, sold, or transported for non-agricultural purposes, farm-type poultry are covered under the Animal Welfare Act and subject to the Animal Welfare Regulations.  If it is not clear at the time of an inspection that farm-type poultry are being used, sold, or transported for agricultural purposes, then the birds are subject to the Animal Welfare Regulations. 

Poultry that do not meet the regulatory definition of farm animal under the Animal Welfare Regulations are birds that are not normally and historically raised on farms in the U.S., nor commonly used or intended for use for food or other agricultural purposes as defined in the Animal Welfare Regulations.  These birds are considered either a wild animal or exotic animal, depending upon where the species historically originated.  Such poultry species are covered under the Animal Welfare Act and subject to all applicable Animal Welfare Regulations when used, sold, or transported for regulated purposes.

The birds listed in Table 1 and their hybrids represent the most common species of birds that meet the definition of both poultry and farm animal under the Animal Welfare Regulations and can be considered farm-type poultry; however, the list is not intended to be exhaustive.  Less common species of domesticated upland gamebirds (pheasant, partridge, quail, grouse) not specifically listed in Table 1 may sometimes be farmed for meat or hunting purposes and be considered farm-type poultry when used, sold, or transported solely for these agricultural purposes.

The birds listed in Table 1 and their hybrids are exempt from the regulations when used, sold, or transported solely for agricultural purposes.  When used, sold, or transported for non-agricultural purposes, the birds listed in Table 1 and their hybrids are covered under the Animal Welfare Act and subject to the Animal Welfare Regulations .  If it is not clear at the time of an inspection that the birds listed in Table 1 and their hybrids are being used, sold, or transported for agricultural purposes, then the birds are subject to the Animal Welfare Regulations.  Birds contained within the definition of poultry and not listed in Table 1 are wild or exotic birds under the Animal Welfare Regulations, are covered under the Animal Welfare Regulations, and subject to all applicable regulations when used, sold, or transported for regulated purposes.

Common Name

Chicken, Domestic

Pheasant, Ring-necked

Pheasant, Green

Peafowl, Indian (Common)

Guineafowl, Helmeted

Partridge, Chukar

Partridge, Gray (English, Hungarian, gray-legged grouse)

Partridge, Red-legged

Quail, California

Quail, Common

Quail, Gambel’s

Quail, Japanese

Quail, Northern bobwhite (red quail)

Turkey, Domestic

Duck, Mallard

Duck, Muscovy

Goose, Graylag

Goose, Swan

Swan, Mute

Pigeon, Rock (domestic)

Dove, Barbary (domestic)

Grouse, Ruffed

Bird breeders owe Brad Legg, his son Brandon and two board members of the United Peafowl Association a big thank you for the work they did in trying to reverse some of the restrictions USDA placed on bird breeders. These guys traveled to Washington, DC to present their ideas to members of the Agricultural Committee which oversees USDA/APHIS and they held several conference calls with USDA officials. All of this resulted in these changes: “The Animal Welfare Regulations define poultry as any species of chickens, turkeys, swans, partridges, guinea fowl and pea fowl; ducks, geese, pigeons, and doves; grouse, pheasants, and quail. Under the Animal Welfare Regulations, poultry are further defined as either a farm animal or as a wild animal or exotic animal.   Birds that meet the regulatory definition of both poultry and farm animal (“farm-type poultry”) under the Animal Welfare Regulations can be used for either agricultural or non-agricultural purposes.

The United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced the final rule to establish new regulations and standards governing the humane handling, care, treatment, and transportation of birds covered by the Animal Welfare Act (AWA) on February 17, 2023.  The final rule applies to all wild or exotic poultry. New AWA licensees and registrants must obtain a license and comply with this new rule by February 21, 2024.  This final rule may be viewed in the Federal Register.  

Wild and Exotic Poultry under the AWA

Last updated 12/19/2023

All birds are covered under the Animal Welfare Act (AWA) although some uses of domesticated poultry are exempt from AWA licensing requirements. Birds are defined in the Animal Welfare Regulations (AWR) as all members of the Class Aves, excluding eggs. An egg becomes a bird once hatching commences, defined as external pip. The AWR defines “poultry” as any species of chickens, turkeys, swans, partridges, guinea fowl and pea fowl; ducks, geese, pigeons, and doves; grouse, pheasants, and quail. Poultry are additionally defined under the AWA as either a “farm animal” or as a “wild” or “exotic animal”. 

Which poultry species are wild or exotic poultry under the AWA?

Birds that meet the regulatory definitions of both poultry and farm animal are any domestic species of poultry that are normally and have historically been raised on farms in the U.S. and are used or intended for use as food or fiber (feather), or for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber (feather). Importantly, the regulatory definition of “animal” explicitly excludes farm animals, such as livestock and poultry. Therefore, domesticated farm-type poultry are excluded from coverage under the AWA when used or intended for use for such agricultural purposes. 

However, there are avian species that fall within the regulatory definition of “poultry” that do not meet the definition of farm animal, as they are not domesticated, not normally and historically raised on farms, nor used or intended for use for food or other agricultural purposes. Per the regulatory definitions, these are wild or exotic poultry, depending upon on where the species historically originates, and are subject to all applicable regulations under the AWA

Who needs a license for wild or exotic poultry under the AWA?

Facilities that exhibit any wild or exotic poultry for compensation are conducting an activity regulated under the AWA and must be licensed with the USDA. 

Facilities that sell or trade for compensation any wild or exotic poultry for use in exhibition or for use as a pet are conducting activities regulated under the AWA and must be licensed with the USDA. 

When is a license not required for wild or exotic poultry under the AWA?

Because unhatched eggs are excluded from the regulatory definition of “bird” the sale, purchase, or trade of eggs, even if conducted for compensation, is not regulated under the AWA and licensure is not required. 

Where can I get more information about the birds under the AWA?

More information regarding birds under the AWA, including frequently asked questions and informational videos, can be found on the USDA APHIS website: https://www.aphis.usda.gov/aphis/ourfocus/animalwelfare/new-bird-rule/awa-standards-for-birds

How do I apply for license or registration under the AWA?

To learn more about licensing or registration under the AWA or to apply, please visit the USDA APHIS website: www.aphis.usda.gov/animalwelfare/apply

If you have any questions about applying for a license or registration under the Animal Welfare Act, please contact USDA Animal Care at:

2150 Centre Avenue Building B, Mailstop 3W11, Fort Collins, CO 80526

Phone: (970) 494-7478 Email: animalcare@usda.gov