Community Farm Alliance

SB 105: Livestock Care Standards Board

Livestock Care Standards Commission Wrap Up

On April 12, Governor Beshear signed HB 398 making the Livestock Care Standards Commission a reality. Due to a parliamentary move, the Livestock Care Standards Commission took an unexpected turn towards the end of session as it moved from Senate Bill 105 to being a part of House Bill 398, the bill originally establishing only the Kentucky Equine Health and Welfare Council sponsored by Representative Tom McKee of Cynthiana.

After several days of delay, the House finally passed SB 105 with an amendment from Representative Tom Riner of Louisville calling on the Kentucky Farm Bureau to nominate an organic farmer with an interest in food safety to the commission. However, during this delay, Senator Givens of Greensburg, SB 105’s sponsor, became afraid that the House may not pass SB 105 or might on the floor significantly alter the text of the House Committee Substitute for SB 105 from what had already jointly been agreed upon between himself and the House Agriculture and Small Business Committee. He took that new language then for SB 105 and inserted it into HB 398 (making only a few minor internal conforming changes) as a committee substitute. The Senate Agriculture Committee reported on the bill favorably and it went to the Senate where it passed unanimously. It then went back to the House (since they had already passed a version of it the previous month) for them to concur. The House could not make floor amendments at this point, but could only vote up or down. The House concurred, 95-5, passing HB 398, now with the language establishing the Livestock Care Standards Commission along with the Equine Health and Welfare Council.

Thanks to all CFA members who lobbied their legislators on this important issue. Know that the concerns you voiced played a role in making a significantly better bill.

HB 398: Equine Health and Welfare Council/Livestock Care Standards Commission

Senate Bill 105 passes house; awaits approval from Senate

On Wednesday, March 24th the House voted in favor of Senate Bill 105, the Livestock Care Standards Commission, by a margin of 89-8. The version of SB 105 that passed is a significant improvement over the one that left the Senate Agriculture Committee nearly two months. Here are the changes:

1) The Livestock Care Standards Commission now may only make recommendations to the State Board of Agriculture (the normal regulatory body within the KDA) for establishing standards of care. In the Senate's version, the commission had the power to promulgate administrative regulations. This is a significant change.

2) The makeup of the commission has been altered in several ways:

a. The co-chairs of the Interim Joint Committee on Agriculture will be ex officio, non-voting members;

b. The Kentucky Farm Bureau is no longer automatically given the vice-chair seat;

c. The commodity groups must nominate active farmers;

d. No lobbyists can serve on the commission.

3) Section 6.1, a new section, addresses the relationship between the State Board and the Livestock Commission. Essentially, the commission will make a recommendation for a standard of care and the board will have 90 days within which to approve or reject the recommendation.

4) Lastly, no ordinance already on the books will be overturned or nullified by the State Board's standards. The same does not go for future ordinances adopted upon the passage of SB 105.

The House voted to adopt a floor amendment put forward by Rep. Tom Riner of Louisville that would have the Kentucky Farm Bureau nominate an organic farmer with an interest in food safety. The changes made to SB 105 will now need to go back to the Senate for approval before heading to the Governor.

During the floor discussion, Riner argued against the clause preempting local authority causing a half dozen other Democrats to oppose the bill.