Title XXI, Agriculture and Animals

As used in this chapter, unless the context requires otherwise: (1) "Board" means the State Board of Agriculture; (2) "Claimant" means a person who: (a) Possesses scale tickets, settlement sheets, ledger cards, or other written evidence of ownership of fund-covered grain stored o…

Cooperative agreements with state and federal agencies, universities, and other entities -- Application to Circuit Court for orders to enjoin -- Power to bring or defend civil actions -- Discipline of current or former licensees. The board shall have the following powers, and all…

(1) The purpose of this chapter is to promote the welfare of the Commonwealth and its people, and to provide economic stability for its agricultural and agribusiness industries, by: (a) Establishing a system of licensure for persons engaging in the business of grain dealing; (b) …

received grain to be produced upon department’s request. (1) Upon receiving grain, a licensee shall issue a scale ticket to the depositor. (2) Upon request from a representative of the department, a licensee shall produce for inspection and copying the scale tickets and any other…

operator, information required -- Department-approved scales for weighing grain. (1) Every scale ticket issued by a licensed grain dealer or a licensed grain warehouse operator shall include the following information in writing: (a) A statement indicating whether the delivery was…

authority to issue and administer licenses -- Administrative regulations -- Fees -- Penalties for violations -- Hearing -- Appeal -- Enforcement. (1) No person shall be or act as a grain dealer in the Commonwealth without holding a valid grain dealer license issued by the departm…

Prohibited use of fees. (1) Receipts collected from grain dealer or grain warehouse operator licensing fees shall be used by the department to offset the cost of: (a) The salary and benefits for employees in the department’s Division of Regulation and Inspection; and (b) The vehi…

Security required. (1) The department shall not issue or renew a grain dealer or grain warehouse operator license under this chapter until the applicant or licensee has filed with the department satisfactory evidence of financial responsibility. (2) Evidence of financial responsi…

records required -- Retention schedule -- Accounting functions -- Financial statements -- Administrative regulations. (1) A licensee using paper scale tickets, settlement sheets, or purchase contracts shall comply with the following requirements: (a) Documents shall be pre-number…

regulations. (1) No licensee shall enter into forward pricing contracts without first attaining approval from the department to enter into these contracts. A licensee entering into forward pricing contracts shall keep any records and ledgers the department deems necessary to docu…

dealers -- Correction of deficiencies. (1) The department shall inspect each licensed grain warehouse at least two (2) times each year. The department’s inspection shall include: (a) A determination whether the grain in storage is properly accounted for; (b) An assessment of the …

board required. (1) The following grains shall be fund-covered grains: (a) Corn, wheat, soybeans, grain sorghums, rye, barley, oats, or popcorn; and (b) Other grains that may be approved for "fund-covered grain status" by a majority vote of the board. (2) The board shall not appr…

intent not to be covered by fund, effect of. (1) Except as provided in subsections (2) and (3) of this section, any claimant who delivers fund-covered grain to a licensed grain dealer or licensed grain warehouse operator shall be eligible for coverage by the fund without regard t…

liens or security interests -- Filing of notice not required to perfect -- Discharge of lien. (1) When a depositor stores grain with a grain warehouse operator and has written evidence of ownership disclosing a storage obligation, the producer or other depositor has a first prior…

licensed grain warehouse operator -- When claimant deemed to have assigned all rights, title, and interest to the board. (1) When the board determines there has been a failure involving a licensed grain dealer or licensed grain warehouse operator, the board shall have the authori…

Any person injured by the violation of any provision in this chapter may bring an action against the person or corporation that committed the violation to recover damages sustained due to the violation without regard to whether or not the person or corporation committing the viol…

Grounds for denial of new license or revocation of existing license -- Notice and hearing -- Confidentiality of documents. (1) Application for license as a grain warehouse operator or grain dealer shall: (a) Set forth the name of the applicant, its principal officer, if a corpora…

All applications for license and documents accompanying license application shall be kept confidential and for use in licensing purposes only.

The license issued by the department shall be posted in the licensee's place of business in this state.

licensee when change occurs -- Audit and examination authorized -- Changes that invalidate licenses issued under this chapter. (1) A license issued under the authority of this chapter shall become invalid upon: (a) The change of management; (b) Cessation of operations; (c) Change…

assessment -- Assessments dependent upon balance in fund. (1) It is declared to be in the public interest and highly advantageous to the agricultural economy of the Commonwealth that producers of fund-covered grains delivered to licensed grain dealers and licensed grain warehouse…

Authorization for funds to be invested through the Finance and Administration Cabinet's Office of Financial Management -- Board to report to Interim Joint Committee on Appropriations and Revenue and to Interim Joint Committee on Agriculture in each odd-numbered year. (1) The tota…

In the event the amount in the Kentucky grain insurance fund is insufficient to pay approved claims, the unpaid claims shall be deemed a necessary government expense. Upon notification from the board of the amount of unpaid claims, the secretary of the Finance and Administration …

If irregularities are suspected, the department may issue subpoenas or subpoenas duces tecum to compel the attendance of witnesses or the production of books, documents and records anywhere in the Commonwealth in any hearing affecting the authority or privilege granted by a licen…

Any person aggrieved by a decision or ruling of the board may obtain review thereof by filing a written petition in the Circuit Court of jurisdiction as provided in KRS 13B.140.

(1) Except as provided otherwise in this section, any person who violates a provision of this chapter shall be guilty of a violation for the first offense and fined not more than five hundred dollars ($500). He or she shall be guilty of a Class A misdemeanor and shall be fined no…