16 chapters · 847 sections in this title.
KRS § 247.6019 Notice published by Commissioner
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The hours, voting places, rules, and regulations for the referendum shall be established and determined by the Commissioner of Agriculture and shall be published by the Commissioner through the medium of the public press in the Commonwealth of Kentucky at least thirty (30) days b…
KRS § 247.6021 Distribution of ballots, canvass, and declaration of result
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The Commissioner of Agriculture shall prepare and distribute in advance of the referendum all necessary ballots and shall arrange for the necessary poll holders for conducting the referendum. Following the referendum and within ten (10) days thereafter, the Commissioner shall can…
KRS § 247.6023 Method of collection of assessment
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If, in the referendum called under the provisions of KRS 247.6001 to 247.6035, a majority of the eligible producers, who vote therein, shall vote in the affirmative and in favor of the levying and collection of the assessment proposed in the referendum, the assessment shall be co…
KRS § 247.6025 Deduction of assessment from producer's payment
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If a majority of the eligible producers in the referendum who vote therein shall vote in favor of the assessment, the Commissioner shall notify, by certified mail, all persons engaged in the business of purchasing corn in this state, that on and after the date specified in the le…
KRS § 247.6027 Kentucky Corn Promotion Council
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There is hereby established a Kentucky Corn Promotion Council composed of four (4) members appointed by the certified organization; two (2) members appointed by the association representing the largest number of corn farmers in the state; and one (1) member appointed by the Commi…
KRS § 247.6029 Use of funds
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The funds, including donations from individuals, concerns, corporations, and grants from the state or governmental agencies, shall be used for the purpose of promoting and stimulating, by research, market development and education, the increased use and sale, domestic and foreign…
KRS § 247.6031 Refund to dissatisfied producer
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If the referendum is carried in the affirmative and the assessment is levied and collected as provided, any producer upon and against whom the assessment shall have been levied and collected under the provisions of KRS 247.6001 to 247.6035, if dissatisfied with the assessment and…
KRS § 247.6033 Procedures to terminate assessment
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(1) The question of the levy of the assessment on corn may be referred to a vote of the corn producers of the state by filing petitions with the certified association containing signatures of Kentucky corn producers equal in number to ten percent (10%) of all corn producers in th…
KRS § 247.6035 Court order prohibiting unlawful practices
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When in the judgment of the board or the duly certified association, a purchaser has engaged in or is about to engage in any acts or practices that constitute a violation of any of the provisions of KRS 247.6001 to 247.6035, the board or the duly certified association may make ap…
KRS § 247.6040 Definitions for KRS 247.6040 to 247.6070
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As used in KRS 247.6040 to 247.6070, unless the context requires otherwise: (1) "Association" means any commission, council, board, or other body; (2) "Boll weevil" means Anthonomus grandis Boheman in any stage of development; (3) "Commissioner" means the Commissioner of Agricult…
KRS § 247.6042 Commissioner to carry out boll weevil eradication programs -- Agreements for cost sharing and division of duties
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Agreements for cost sharing and division of duties. (1) The Commissioner shall carry out programs to destroy and eliminate boll weevils in this state. (2) The Commissioner may cooperate with any agency of the federal government, any state, any other agency in this state, or any p…
KRS § 247.6044 Powers of Commissioner to carry out KRS 247.6040 to 247.6070
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(1) The Commissioner may enter cotton fields and other premises in order to carry out certain activities, including but not limited to treatment with pesticides and monitoring, as may be necessary to carry out KRS 247.6040 to 247.6070. (2) The Commissioner may inspect any fields …
KRS § 247.6046 Information on cotton fields and patches to be furnished to Commissioner
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Commissioner. Every person growing cotton in this state shall furnish to the Commissioner, on forms supplied by the Commissioner, information that the Commissioner requires regarding the size and location of all commercial cotton fields and of noncommercial patches of cotton grow…
KRS § 247.6048 Administrative regulations -- Establishment of penalties
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The Commissioner shall promulgate administrative regulations to carry out KRS 247.6040 to 247.6070, and may establish monetary penalties for violating KRS 247.6040 to 247.6070 or for violating administrative regulations promulgated under KRS 247.6040 to 247.6070.
KRS § 247.6050 Designation of elimination zones -- Notice
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(1) The Commissioner may: (a) Designate one (1) or more areas of this state as elimination zones where boll weevil eradication programs will be undertaken; (b) Designate areas within the elimination zone where commercial and noncommercial cotton is prohibited from being planted; …
KRS § 247.6052 Treatment or destruction of cotton in elimination zones -- No payment for losses -- Exception -- Commissioner may restrict entry in zones
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losses -- Exception -- Commissioner may restrict entry in zones. (1) The Commissioner may treat with pesticides or destroy volunteer or other noncommercial cotton, and may establish procedures for the purchase and destruction of commercial cotton in elimination zones as designate…
KRS § 247.6054 Moving infested regulated article into state -- Penalty
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Any person who, except in compliance with administrative regulations promulgated by the Commissioner, moves any regulated article into this state from any other state which the Commissioner has determined to be infested, shall be guilty of a Class A misdemeanor.
KRS § 247.6056 Activities not deemed in restraint of trade
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No association meeting or activity undertaken to carry out KRS 247.6040 to 247.6070 and intended to benefit all cotton growers, handlers, or processors shall be deemed or considered illegal or in restraint of trade.
KRS § 247.6058 Application for assessment referendum -- Contents of form -- Publication
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(1) Any existing association which is fairly representative of the cotton growers of Kentucky may at any time after June 26, 2007, make application to the State Board of Agriculture on forms provided by the board for certification and approval for the purpose of conducting a refe…
KRS § 247.6060 Certified association authorized to hold referendum -- Assessment to be based on cotton acreage
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based on cotton acreage. (1) Upon being certified by the Commissioner, the association shall be fully authorized and empowered to hold and conduct on the part of the cotton growers a referendum on the question of whether or not an assessment shall be levied upon the growers to of…
KRS § 247.6062 Referendum on area or statewide basis -- Participation eligibility -- Two-thirds majority required for passage -- Amount and period of assessment
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thirds majority required for passage -- Amount and period of assessment. (1) Any referendum conducted under KRS 247.6040 to 247.6070 may be held either on an areawide or statewide basis, as determined by the duly certified association before the referendum is called. The referend…
KRS § 247.6064 Supervision of referendum by Commissioner -- Expenses
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The manner, conduct, and management of any referendum held under KRS 247.6040 to 247.6070 shall be under the supervision and direction of the Commissioner, and all expenses in connection with the referendum shall be borne by the association conducting the referendum.
KRS § 247.6066 Commissioner to publicly announce rules, polling places, and details of assessment before referendum -- Notice to agricultural extension agents
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assessment before referendum -- Notice to agricultural extension agents. (1) With respect to any referendum conducted under KRS 247.6040 to 247.6070, the Commissioner shall publicly announce through the medium of the public press at least thirty (30) days before the date determin…
KRS § 247.6068 Preparation of question -- Poll holders -- Canvass and declaration of results
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results. The Commissioner shall prepare and distribute in advance of the referendum the question to be presented to the voters and shall arrange for the necessary poll holders for conducting the referendum. Within ten (10) days following the referendum, the Commissioner shall can…
KRS § 247.6070 Affirmative vote -- Failure of referendum -- Subsequent referendums on continuation of assessments
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continuation of assessments. (1) If two-thirds (2/3) of the eligible growers who vote in the referendum vote in favor of levying and collecting the assessment proposed in the referendum, then the assessment shall be collected in the manner determined and announced by the Commissi…
KRS § 247.610 Promotion of beef cattle industry
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It is declared to be in the interest of the public welfare that Kentucky farmers who are producers of bovine animals shall be permitted and encouraged to act jointly and in cooperation with all producers, handlers, dealers, and processors of bovine animals in promoting and stimul…
KRS § 247.615 Definitions for KRS 247.620 to 247.685
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As used in KRS 247.620 to 247.685, unless the context otherwise requires: (1) "Association" means any commission, council, board, or other body; (2) "Commissioner" means the Commissioner of Agriculture; (3) "Board" means the State Board of Agriculture; (4) "Producer" means every …
KRS § 247.620 Association of producers not illegal or in restraint of trade
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No association meeting or activity undertaken in pursuance of the provisions of KRS 247.610 to 247.685 and intended to benefit all of the producers, handlers, and processors of bovine animals shall be deemed or considered illegal or in restraint of trade.
KRS § 247.625 Referendum levying assessment
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It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the state that producers of bovine animals shall be permitted by referendum to be held among the respective groups and subject to the provisions of KRS 247.610 to 247…
KRS § 247.630 Application for assessment referendum -- Contents of form -- Publication
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(1) Any existing association which is fairly representative of the bovine animal producers of Kentucky, such as the Kentucky Beef Cattle Association, may at any time after the enactment of KRS 247.610 to 247.685 make application to the State Board of Agriculture on forms prescrib…
KRS § 247.635 Certified association authorized to hold referendum
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Upon being so certified by the Commissioner of Agriculture, such association shall thereupon be fully authorized and empowered to hold and conduct on the part of the producers of bovine animals a referendum on the question of whether or not such producers shall levy upon themselv…
KRS § 247.640 Referendum on area or statewide basis -- Participation eligibility
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Any referendum conducted under the provisions of KRS 247.610 to 247.685 may be held either on an area or statewide basis, as may be determined by such duly certified association before such referendum is called; and such referendum, on an area or statewide basis, may be participa…
KRS § 247.645 Supervision of referendum by Commissioner -- Expenses
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The manner, conduct, and management of any referendum held under the provisions of KRS 247.610 to 247.685 shall be under the supervision and direction of the Commissioner of Agriculture, and any and all expenses in connection therewith shall be borne by the association conducting…
KRS § 247.650 Commissioner to determine date, hours, polling places for voting and details of assessment -- Limits -- Exceptions
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details of assessment -- Limits -- Exceptions. (1) With respect to any referendum conducted under the provisions of KRS 247.610 to 247.685, the Commissioner of Agriculture shall, before calling and announcing the referendum, fix, determine, and publicly announce at least thirty (…
KRS § 247.652 Credit of up to fifty cents to producer on each bovine animal on which one dollar assessment was made -- Assessment to be collected if federal assessment is terminated
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dollar assessment was made -- Assessment to be collected if federal assessment is terminated. (1) Notwithstanding the provisions of KRS 247.610 to 247.685, in accordance with the Federal Beef Promotion and Research Act of 1985, each Kentucky producer of a bovine animal shall rece…
KRS § 247.655 Rules governing holding of referendum prescribed by Commissioner -- Notice
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Notice. The hours, voting places, rules and regulations, and the area within which the referendum will be conducted shall be established and determined by the Commissioner of Agriculture; the said referendum date, area, hours, voting places, rules and regulations with respect to …
KRS § 247.660 Preparation of question -- Poll holders -- Canvass and declaration of results
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results. The Commissioner of Agriculture shall likewise prepare and distribute in advance of such referendum the question to be presented to the voters and shall arrange for the necessary poll holders for conducting the referendum. Following such referendum and within ten (10) da…
KRS § 247.665 Effect of affirmative vote
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If, in such referendum called under the provisions of KRS 247.610 to 247.685, a majority of the eligible producers in the area in which such referendum is conducted, who vote therein, shall vote in the affirmative and in favor of levying and collecting such assessment proposed in…
KRS § 247.670 Notice as to deduction required -- Disposition of collections -- Records
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(1) In the event a majority of the eligible producers in such referendum who vote therein shall vote in favor of the assessment, then the Commissioner shall notify forthwith, by certified mail, every person licensed to operate a livestock market in the state, as well as every per…
KRS § 247.675 Refund of assessment collected from producer
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In the event the referendum is carried in the affirmative and the assessment is levied and collected as provided, any producer upon and against whom such assessment shall have been levied and collected under the provisions of KRS 247.610 to 247.685, if dissatisfied with said asse…
KRS § 247.680 Annual review of assessment program -- Referendum required, when -- Termination of program
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Termination of program. (1) The board shall review the assessment program annually. If, at the end of each year after the first year of the assessment program, the board determines that fifty percent (50%) of the producers in the referendum area are not participating in the progr…
KRS § 247.685 Injunction against violations
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Whenever in the judgment of the board or the duly certified association, an operator of a livestock market, meat packing establishment, or slaughter establishment, or an order buyer has engaged in or is about to engage in any acts or practices that constitute a violation of any o…
KRS § 247.6901 Purpose
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It is declared to be in the interest of the public welfare that Kentucky farmers who are producers of ovine or caprine animals shall be permitted and encouraged to act jointly and in cooperation with all producers, handlers, dealers, and processors of ovine or caprine animals in …
KRS § 247.6904 Definitions for KRS 247.6901 to 247.6957
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As used in KRS 247.6901 to 247.6957, unless the context otherwise requires: (1) "Commissioner" means the Commissioner of Agriculture; (2) "Board" means the State Board of Agriculture; (3) "Producer" means every person who produces and markets ovine or caprine animals; (4) "New pr…
KRS § 247.6907 Activity not deemed restraint of trade
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No association meeting or activity undertaken to carry out the provisions of KRS 247.6901 to 247.6957 and intended to benefit all of the producers, handlers, dealers, and processors of ovine or caprine animals shall be deemed or considered illegal or in restraint of trade.
KRS § 247.6911 Referendum among producers of ovine or caprine animals on levying assessment in public interest
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assessment in public interest. It is declared to be in the public interest and highly advantageous to the agricultural economy of the state that producers of ovine or caprine animals shall be permitted by referendum to be held among the respective groups and subject to the provis…
KRS § 247.6914 Application for assessment referendum
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(1) Any existing association which is fairly representative of the ovine and caprine animal producers of Kentucky may at any time after July 15, 2008, make application to the State Board of Agriculture on forms prescribed by the board for certification and approval for the purpos…
KRS § 247.6917 Certified association authorized to hold referendum
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Upon being certified by the Commissioner, the association shall be fully authorized to hold and conduct on the part of the producers of ovine or caprine animals a referendum on the question of whether or not the producers shall levy upon themselves an assessment under, and subjec…
KRS § 247.6921 Referendum on statewide basis
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Any referendum conducted under the provisions of KRS 247.6901 to 247.6957 shall be held on a statewide basis. The referendum may be participated in by all ovine or caprine animal producers, including owners of farms on which ovine or caprine animals are produced, and tenants and …
KRS § 247.6924 Supervision of referendum by Commissioner -- Expenses
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The manner, conduct, and management of any referendum held under the provisions of KRS 247.6901 to 247.6957 shall be under the supervision and direction of the Commissioner, and all expenses in connection with the referendum shall be borne by the association conducting the refere…