Title XXI, Agriculture and Animals

As used in this chapter, unless the context requires otherwise: (1) "Commissioner" means the Commissioner of Agriculture. (2) "Concentrated commercial feeding stuff" includes linseed meals, corn and corncob meals, cocoanut meals, gluten feeds, gluten meals, germ feeds, corn feeds…

As used in KRS 250.021 to 250.111, unless the context requires otherwise: (1) "Advertised" means all representations, other than those on the label, disseminated by the public press, circular, catalog, or other media, relating to agricultural, vegetable, or flower seed, or combin…

(1) No city, county, or other political subdivision of the Commonwealth shall adopt or continue in effect any ordinance, resolution, rule, or regulation regarding the registration, packaging, labeling, sale, storage, distribution, use, application, or propagation of seeds as regu…

(1) The requirements and prohibitions of KRS 250.021 to 250.111 shall not apply: (a) To seed or grain not distributed for planting purposes. (b) To seed in storage in, or being transported or consigned to a conditioning establishment, if the invoice or labeling accompanying any s…

(1) Every lot of agricultural seed, when in bulk or a container of one (1) pound or more, or in the case of tobacco seed of one-twelfth (1/12) ounce or more; each packet or other container of vegetable or flower seed; each preplanted container, mat, tape, or other planting device…

(1) The following shall apply with regard to permits for labeling: (a) Each person who labels agricultural seed in accordance with KRS 250.041 shall obtain a labeling permit from the director and pay a semiannual inspection fee unless labels attached to the seed containers were i…

(1) Every permit holder shall keep complete records as defined in KRS 250.021 to 250. 111 for a period of two (2) years and shall keep or arrange to have kept a file sample of seed for a period of at least one (1) year after final disposition of the seed. All records and samples …

It shall be unlawful: (1) To distribute any agricultural seed, mixtures of agricultural seed, vegetable seed, or flower seed, for seeding purposes which is not labeled in compliance with the provisions of KRS 250.041 or which has false or misleading labeling; (2) To perform or ho…

(1) The duty of enforcing KRS 250.021 to 250.111 and carrying out its provisions and requirements shall be vested in the director. It shall be the duty of the director: (a) To enforce and administer the provisions of KRS 250.021 to 250.111. (b) To be responsible for the official …

Any Kentucky citizen may submit one (1) sample per year for test free of charge if the sample is accompanied by a signed statement: "I certify that I have not previously submitted a sample for free test during the current calendar year (signature)."

The experiment station shall not be financially responsible for any debts incurred by, any damages inflicted by, or any contracts broken by certifying agencies conducting certification work.

Injunctions. (1) If the director has probable cause to believe that any of the provisions of KRS 250.021 to 250.111 have been violated, he shall give notice to the person who is in apparent violation designating a time and place for an informal hearing. If, after the informal hea…

KRS 260.850 to 260.869. (1) The director, or the director's designee, shall receive samples and test hemp plants, plant parts, and materials grown or located within the Commonwealth in order to determine whether the hemp plants, plant parts, and materials are in compliance with t…

KRS 250.371 to 250.451 shall be administered by the director of the Kentucky Agricultural Experiment Station hereinafter referred to as the "director." The term "director" when used in KRS 250.371 to 250.451 shall mean the director or his designee.

As used in KRS 250.361 to 250.451, unless the context otherwise requires: (1) "Fertilizer" means any substance containing one (1) or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting pl…

350.370 Repealed, 1984. Catchline at repeal: Commercial fertilizer to be labeled.

(1) Each brand and grade of fertilizer shall be registered in the name of that person whose name appears upon the label before being distributed in this state. The application for registration shall be submitted to the director on a form furnished by the director. For specialty f…

(1) No city, town, county, or other political subdivision of the Commonwealth shall adopt or continue in effect any ordinance, resolution, rule, or regulation regarding the registration, packaging, labeling, sale, storage, distribution, use, and application of fertilizers regulat…

(1) Any fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information: (a) Net weight; (b) Brand and grade, except that the grade shall not be required wh…

(1) There shall be paid to the Kentucky Agricultural Experiment Station for all fertilizers distributed in this state to nonregistrants or nonlicensees an inspection fee at the rate of fifty cents ($0.50) per ton; except sales or exchanges between importers, manufacturers, distri…

(1) It shall be the duty of the director to sample, inspect, make analyses of, and test fertilizers distributed within this state at any time and place and to the extent he may deem necessary to determine whether the fertilizers are in compliance with the provisions of KRS 250.36…

(1) If the analysis shall show that a fertilizer is deficient in one (1) or more of its guaranteed primary plant nutrients beyond the investigational allowances as established by regulation, or if the overall index value of the fertilizer is below the level established by adminis…

For the purpose of determining the commercial value to be applied under the provisions of KRS 250.396, the director shall determine and publish annually the values per unit of nitrogen, available phosphate, and soluble potash in fertilizers in this state. If guarantees are as pro…

No person shall distribute misbranded fertilizer. A fertilizer shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If it is distributed under the name of another fertilizer product; (3) If it is not labeled as required in KRS 250.37…

No person shall distribute an adulterated fertilizer product. A fertilizer shall be deemed to be adulterated: (1) If it contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions f…

The director shall publish, at least annually, and in such forms as he may deem proper, information concerning the distribution of fertilizers and results of analyses based on official samples of fertilizer distributed within the state as compared with analyses guaranteed under K…

The director shall enforce the provisions of KRS 250.371 to 250.451 and make and enforce such regulations as may be necessary to carry into effect the full intent and meaning of KRS 250.371 to 250.451.

It shall be unlawful to make, in any manner whatsoever, any false or deceptive statement or representation in regard to any fertilizer offered for sale, sold, or distributed in this state, or to use any misleading or deceptive trademark or brand name in connection therewith.

The director may cancel the registration of any brand of fertilizer or the license of any person or refuse to register any brand of fertilizer or license any person upon satisfactory evidence that the registrant or licensee has used fraudulent or deceptive practices in the evasio…

The director may issue and enforce a written or printed "stop sale, use, or removal" order to the owner or custodian of any lot of fertilizer and to hold it at a designated place, when the director finds said fertilizer is being offered or exposed for sale in violation of any of …

Any lot of fertilizer not in compliance with the provisions of KRS 250.371 to 250.451 shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the area in which said fertilizer is located. In the event the court finds the said fertilizer to…

court -- Injunctive relief. (1) If it shall appear from the examination of any fertilizer that any of the provisions of KRS 250.361 to 250.451 or regulations issued thereunder have been violated, the director shall notify the registrant, licensee, distributor, or processor from w…

Nothing in KRS 250.361 to 250.451 shall be construed to restrict or avoid sales or exchanges of fertilizers to each other by distributors who mix fertilizer materials for sale, or prevent the free and unrestricted shipments of fertilizer to distributors who have registered their …

KRS 250.361 to 250.451 shall be known as the "Kentucky Fertilizer Law."

As used in KRS 250.483 to 250.488: (1) "Department" means the Department of Insurance; (2) "Division" means the Division of Fire Prevention in the Department of Housing, Buildings and Construction. (3) "Anhydrous ammonia" refers to the compound formed by the combination of the tw…

The Division of Fire Prevention in the Department of Housing, Buildings and Construction shall make, promulgate, and enforce administrative regulations setting forth minimum general standards covering the design, construction, location, installation, and operation of equipment fo…

All equipment shall be installed and maintained in a safe operating condition and in conformity with the rules and regulations of the division adopted under KRS 250.483.

No person, firm, or corporation other than the owner of the facility and those authorized by the owner so to do, shall sell, fill, refill, deliver or permit to be delivered, or use in any manner any anhydrous ammonia container or receptacle for any gas, compound, for any other pu…

Exceptions -- Affirmative defense. (1) It shall be unlawful for any person to knowingly possess anhydrous ammonia in any container other than an approved container. (2) The provisions of this section shall not apply to trained chemists working in properly equipped research labora…

(1) It shall be unlawful for any person to tamper with equipment, containers, or facilities used for the storage, handling, transporting, or application of anhydrous ammonia. (2) Tampering occurs when any person who, having no right to do so, or any reasonable ground to believe t…

ammonia equipment. Any person tampering with anhydrous ammonia equipment, containers or storage facilities in violation of KRS 250.4892 shall not have a cause of action against the owner of the equipment, container, or facility; any person responsible for the installation, mainte…

250.631. KRS 250.491 to 250.631 shall be administered by the director of the Kentucky Agricultural Experiment Station of the State of Kentucky, hereinafter referred to as the "director," or the director's designee.

As used in KRS 250.491 to 250.631: (1) "Person" includes individual, partnership, corporation, and association; (2) "Distribute" means to offer for sale, sell, exchange, or barter commercial feed; (3) "Distributor" means any person who distributes; (4) "Commercial feed" means all…

(1) No person shall manufacture a commercial feed in this state, unless he has filed with the director on forms provided by the director, his name, place of business, and location of each manufacturing facility in this state. (2) No person shall distribute in this state a commerc…

formula feed. (1) A commercial feed, except a customer-formula feed, shall be accompanied by a label bearing the following information: (a) The product name and the brand name, if any, under which the commercial feed is distributed; (b) The guaranteed analysis stated in terms the…

A commercial feed shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If it is distributed under the name of another commercial feed; (3) If it is not labeled as required in KRS 250.521; (4) If it is represented as a commercial feed…

(1) A commercial feed or a material exempted from the definition of commercial feed under KRS 250.501 shall be deemed to be adulterated: (a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an…

The following acts and the causing thereof within the Commonwealth of Kentucky are prohibited: (1) The manufacture or distribution of any commercial feed that is adulterated or misbranded; (2) The adulteration or misbranding of any commercial feed; (3) The distribution of agricul…

(1) An inspection fee at the rate of thirty-five cents ($0.35) per ton shall be paid on commercial feeds distributed in this state by the person whose name appears on the label as the manufacturer, guarantor, or distributor, except that a person other than the manufacturer, guara…

(1) The director is authorized to promulgate administrative regulations for commercial feeds and pet foods that are specifically authorized in KRS 250.491 to 250.631 and other reasonable administrative regulations as may be necessary for the efficient enforcement of KRS 250.491 t…