Title XXI, Agriculture and Animals

(1) With respect to any referendum conducted under the provisions of KRS 247.6901 to 247.6957, the Commissioner shall, before calling and announcing the referendum, fix, determine, and publicly announce at least thirty (30) days before the date determined for the referendum, the …

assessment. The date, hours, voting places, rules, and administrative regulations for the referendum shall be established and determined by the Commissioner and shall be published by the Commissioner through the medium of the public press in the Commonwealth of Kentucky at least …

The Commissioner shall prepare and distribute in advance of the referendum all necessary ballots and shall arrange for the necessary poll holders for conducting the referendum. Within ten (10) days following the referendum, the Commissioner shall canvass and publicly declare the …

If, in the referendum called under the provisions of KRS 247.6901 to 247.6957, a majority of the eligible producers who vote in the referendum vote in the affirmative and in favor of levying and collecting the assessment proposed in the referendum, the assessment shall be collect…

(1) If a majority of the eligible producers in the referendum who vote in the referendum vote in favor of the assessment, the Commissioner shall notify, by certified mail, all persons engaged in the business of purchasing ovine or caprine animals in this state, that on and after …

There is hereby established the Kentucky Sheep and Goat Council composed of four (4) members appointed by the certified association, two (2) members appointed by the Kentucky Farm Bureau Federation, Inc., and one (1) member appointed by the Commissioner. These appointments shall …

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 foreig…

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 has been levied and collected under the provisions of KRS 247.6901 to 247.6957, if dissatisfied with the assessment and the re…

(1) The board shall review the assessment program annually. If, at the end of each marketing year after the first marketing year of the assessment program, the board determines that twenty percent (20%) of the producers assessed have indicated their dissatisfaction with the progr…

If, 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 247.6901 to 247.6957, the board or the duly certified association may make app…

It is declared to be in the interest of the public welfare that Kentucky farmers who are producers of burley tobacco shall be permitted and encouraged to act jointly and in cooperation with all producers, handlers, dealers, and processors of burley tobacco in promoting and stimul…

As used in KRS 247.710 to 247.785 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 p…

No association meeting or activity undertaken in pursuance of the provisions of KRS 247.710 to 247.785 and intended to benefit all of the producers, handlers, and processors of burley tobacco shall be deemed or considered illegal or in restraint of trade.

It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the state that producers of burley tobacco shall be permitted by referendum, to be held among such respective groups, and subject to the provisions of KRS 247.710 to …

(1) Any existing association which is fairly representative of burley tobacco in Kentucky, such as the Council for Burley Tobacco, may at any time after the enactment of KRS 247.710 to 247.785 make application to the State Board of Agriculture on forms prescribed by such board fo…

Upon being certified by the Commissioner of Agriculture, the association shall thereupon be fully authorized and empowered to hold and conduct on the part of the producers of burley tobacco a referendum on the question of whether or not such producers shall levy upon themselves a…

Any referendum conducted under the provisions of KRS 247.710 to 247.785 may be held either on an area or statewide basis, as may be determined by the duly certified association before the referendum is called; and such referendum, on an area or statewide basis, may be participate…

The manner, conduct, and management of any referendum held under the provisions of KRS 247.710 to 247.785 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…

assessment limits. With respect to any referendum conducted under the provisions of KRS 247.710 to 247.785, the Commissioner of Agriculture shall, before calling and announcing the referendum, fix, determine, and publicly announce at least thirty (30) days before the date determi…

Notice -- Limit on assessment. 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; and referendum date, area, hours, voting places, rules and regulation…

results. The Commissioner of Agriculture 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. Following the referendum and within ten (10) days thereaft…

If, in such referendum called under the provisions of KRS 247.710 to 247.785, a majority of the eligible producers in the area in which the referendum is conducted, who vote therein, shall vote in the affirmative and in favor of levying and collecting the assessment proposed in t…

Remittance of assessment. (1) In the event a majority of the eligible producers in the 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 tobacco warehouse in the s…

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 the assessment shall have been levied and collected under the provisions of KRS 247.710 to 247.785, if dissatisfied with the assess…

(1) The board shall review the assessment program annually. If, at the end of any year after the first year of the assessment program, the board has reason to believe that a majority of producers are not in favor of the program, the Commissioner may conduct a referendum among the…

Whenever in the judgment of the board or the duly certified association, an operator of a tobacco warehouse, tobacco manufacturing establishment, or tobacco dealer has engaged in or is about to engage in any acts or practices that constitute a violation of any of the provisions o…

As used in KRS 247.7900 to 247.7928, unless the context otherwise requires: (1) "Association" means any commission, council, board, or other body; (2) "Producer" means every person who produces and markets porcine animals; and (3) "New producer" means a producer who was not engag…

No association meeting or activity undertaken to carry out the provisions of KRS 247.7900 to 247.7928 and intended to benefit all of the producers, handlers, and processors of porcine animals shall be deemed or considered illegal or in restraint of trade.

(1) Any existing association which is fairly representative of the porcine animal producers of Kentucky may at any time after the enactment of KRS 247.7900 to 247.7928 make application to the State Board of Agriculture on forms prescribed by the board for certification and approv…

Upon being certified by the Commissioner, the association shall be fully authorized and empowered to hold and conduct on the part of the producers of porcine animals a referendum on the question of whether or not the producers shall levy upon themselves an assessment under, and s…

Any referendum conducted under the provisions of KRS 247.7900 to 247.7928 may be held either on an areawide or statewide basis, as determined by the duly certified association before the referendum is called. The referendum may be participated in by all porcine animal producers, …

The manner, conduct, and management of any referendum held under the provisions of KRS 247.7900 to 247.7928 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…

details of assessment -- Uses and limitations of assessment. (1) With respect to any referendum conducted under the provisions of KRS 247.7900 to 247.7928, the Commissioner shall, before calling and announcing the referendum, fix, determine, and publicly announce at least thirty …

(1) No assessment levied under KRS 247.7900 to 247.7928 shall be effective as long as the Federal Pork Promotion, Research, and Consumer Information Act of 1985 is in effect. (2) If the federal act is terminated or suspended, any assessment levied under KRS 247.7900 to 247.7928 s…

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. The referendum date, area, hours, voting places, and rules and regulations with respect to the holding of t…

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…

If, in the referendum called under the provisions of KRS 247.7900 to 247.7928, a majority of the eligible producers in the area in which the referendum is conducted, who vote in the referendum, vote in the affirmative and in favor of levying and collecting the assessment proposed…

(1) If a majority of the eligible producers who vote in the referendum vote in favor of the assessment, then the Commissioner shall notify by certified mail every person licensed to operate a livestock market in the state, and every person who operates a meat packing or slaughter…

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 has been levied and collected under the provisions of KRS 247.7900 to 247.7928, if dissatisfied with the assessment and the re…

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…

If, in the judgment of the board or the duly certified association, an operator of a livestock market, meat packing establishment, or slaughter establishment has engaged in or is about to engage in any acts or practices that constitute a violation of any of the provisions of KRS …

The Department of Agriculture shall manage an agritourism program to be housed in the Office of Agricultural Marketing in the Department of Agriculture. It shall be the purpose of the agritourism program to: (1) Promote agritourism in Kentucky to potential visitors, both national…

As used in KRS 247.800 to 247.810: (1) "Agritourism" means the act of visiting: (a) A farm or ranch; or (b) Any agricultural, horticultural, or agribusiness operation; for the purpose of enjoyment, education, or active involvement in the activities of the farm, ranch, or operatio…

The agritourism program shall perform all duties necessary to carry out the purposes of KRS 247.800 to 247.810, including but not limited to: (1) Coordinating efforts to educate the general public about the importance of Kentucky's agricultural heritage and industry; (2) Providin…

An Agritourism Advisory Council shall be established within the Department of Agriculture to advise and assist the agritourism program. The Agritourism Advisory Council shall be composed of: (1) One (1) representative from each of the following entities: (a) Department of Agricul…

The duties of the Agritourism Advisory Council shall include but not be limited to the following: (1) Review and make recommendations on the development of agritourism marketing, based upon the report from the agritourism program in accordance with KRS 247.802; and (2) Make recom…

Terms -- Chair -- Meetings -- Vacancies -- Compensation. (1) Members of the Agritourism Advisory Council appointed by the Commissioner of Agriculture shall be appointed for four (4) year terms. Sitting members shall be eligible for reappointment. (2) The Agritourism Advisory Coun…

(1) Except as provided in subsection (2) of this section: (a) An agritourism professional is not liable for injury to or death of a participant resulting exclusively from the inherent risks of agritourism activities, so long as: 1. The warning contained in KRS 247.8091 is posted …

(1) Every agritourism professional shall post and maintain signs that contain the warning notice specified in subsection (2) of this section. The signs shall be placed in a clearly visible location at the entrance to the agritourism location and at the site of the agritourism act…

The Department of Agriculture shall promulgate administrative regulations in accordance with KRS Chapter 13A, as necessary to implement the provisions of KRS 247.800 to 247.810.