Title XXI, Agriculture and Animals

(1) The Finance and Administration Cabinet and the University of Kentucky shall maintain such records as necessary to account for all receipts and expenditures credited to or charged against the tobacco research-trust fund and shall establish such rules and regulations as may be …

state funds. (1) The Kentucky Tobacco Research and Development Center is hereby created. (2) The Kentucky Tobacco Research and Development Center is to be overseen by the Kentucky Tobacco Research Board and shall undertake not only research into tobacco but also other research ha…

(1) No person shall use, and no person shall purchase or otherwise acquire for intended use, any tobacco stalks in any manner that could result in human consumption by smoking or other use of tobacco stalks. This section does not prohibit the use of tobacco stalks in new and inno…

funds. There is established in the State Treasury a permanent and perpetual fund to be known as the "Tobacco Settlement Agreement Fund" to which shall be credited any funds designated to the Commonwealth from the master settlement agreement signed on November 22, 1998, between th…

for fund distribution -- Annual report and audit. There is established in the State Treasury a fund to be known as the "Rural Development Fund." This fund shall exist for the purpose of receipt and expenditure of moneys to improve and promote agricultural development for resident…

child support administration. Before distribution of the funds, a list of individuals or entities that are awarded tobacco settlement moneys from the tobacco settlement agreement fund under KRS 248.654, or related state or federal legislation, shall be forwarded by the cabinet, a…

As used in KRS 248.701 to 248.727, unless the context requires otherwise: (1) "Board" means the Agricultural Development Board created by KRS 248.707; (2) "Fund" means the agricultural development fund established in KRS 248.655 as the "Rural Development Fund;" (3) "Subcommittee"…

Master Settlement Agreement. (1) Fifty percent (50%) of the moneys received in the tobacco settlement agreement fund from Master Settlement Agreement funding after June 30, 2000, along with accrued interest, shall be allocated within twenty (20) days of receipt of the moneys to t…

(1) The Agricultural Development Board is created as a political subdivision of the Commonwealth to perform essential governmental and public functions by administering funds to provide economic assistance to the agriculture community of the Commonwealth. The board shall be a pub…

The board's duties shall include but not be limited to: (1) Administering the agricultural development fund, except as provided in KRS 248.717(2); (2) Receiving requests and applications for funds and authorizing the distribution of funds. The board may receive applications from …

counties account -- Administration of agricultural development fund -- Applicant's right to appear before oversight committee. (1) Criteria to be used in considering applications for state funds shall include, but not be limited to: (a) Assistance to tobacco farmers and communiti…

Notwithstanding the provisions of KRS 248.655, county allocations may be used for projects before the completion of a comprehensive plan or strategic plan as determined by the board or if they fall under the conditions described in KRS 248.709(5)(b) or (c) or meet the criteria in…

(1) The board shall create committees, including, but not limited to: (a) Access to Capital Committee; (b) Environmental Cost Share Committee; (c) Marketing and Entrepreneurship Committee; (d) Technology, Infrastructure, and Training Committee; (e) Farmland Preservation Committee…

Programs that shall be created by the board and overseen and implemented by the board or committees include: (1) Programs that receive direct funding from the board: (a) A Farm Market Development and Infrastructure Program to develop regional, integrated farm markets, and regiona…

The board is authorized to establish a Center for Entrepreneurship to operate under the Agricultural Entrepreneurship Program provided in KRS 248.717(1)(b). The duties of the center shall include: (1) Primarily identifying and coordinating with existing agencies in order to devel…

(1) Each county shall establish an agricultural development council to evaluate the needs of the local agricultural economy and to devise a plan for the county that would identify programs best suited for the agricultural development of the county. The council shall assist prospe…

-- Meetings -- Vote required to act -- Reporting of expenditure under early childhood development fund and the Kentucky health care improvement fund. (Effective until January 1, 2027) (1) There is created a permanent subcommittee of the Legislative Research Commission to be known…

The Kentucky Department of Agriculture may provide technical assistance to local individuals and entities, county agricultural development councils, and regional entities in developing proposals and in implementing proposals approved by the Agricultural Development Board.

agriculturally related funding. (1) Those agencies and educational institutions that receive agriculturally related funding under the provisions of KRS 248.701 to 248.727, and those that receive state funding relating to assisting agriculture and farmers in this state shall devot…

As used in KRS 248.750 to 248.769: (1) "Cigarettes" has the same meaning as in KRS 138.130; (2) "Department" means the Department of Revenue; (3) "Importer" has the same meaning as in 26 U.S.C. sec. 5702(k); (4) "Manufacturer" means any person who manufactures or produces cigaret…

No person shall: (1) Sell or distribute, in this Commonwealth; acquire, hold, own, possess, or transport in this Commonwealth; for sale or distribution in this Commonwealth; or import or cause to be imported into this Commonwealth for sale or distribution in this Commonwealth: (a…

On or before the fifteenth business day of each month, each: (1) Person licensed to affix the stamp required by KRS 138.146 or make other evidence of tax payment as provided in KRS 138.155 shall file with the department, for all cigarettes imported into the United States to which…

-- Forfeiture of cigarettes. (1) The department may revoke the license issued in accordance with KRS 138.195 of any licensee and impose a civil penalty of twenty-five dollars ($25) per violation, not to exceed five thousand dollars ($5,000), upon finding a violation by the licens…

trade of certain imported or reimported cigarettes. For the purposes of KRS 138.146 and 248.750 to 248.769, cigarettes imported or reimported into the United States for sale or distribution under any trade name, trade dress, or trademark that is the same as or is confusingly simi…

practice -- Applicability of unfair trade practice law. (1) A violation of KRS 248.752 or 248.754 shall constitute an unlawful trade practice as provided in KRS 365.260 to 365.380 and, in addition to any remedies or penalties set forth in KRS 248.756, 248.762, and 248.766, shall …

Any person that commits any of the acts prohibited by KRS 248.752, either knowing or having reason to know he or she is doing so, or that fails to comply with any of the requirements in KRS 248.754 is guilty of a Class D felony and, in addition, may be subject to a fine of not mo…

(1) KRS 248.752 and 248.754 shall be enforced by the Attorney General, but at the request of the Attorney General or the Attorney General's duly authorized agent, the Department of Kentucky State Police and all local police authorities shall enforce KRS 248.752 and 248.754. The A…

Any person who sells, distributes, or manufactures cigarettes and sustains direct economic or commercial injury as a result of a violation of KRS 248.752 or 248.754 may bring an action in good faith for appropriate injunctive relief.

penalties. (1) KRS 248.752 and 248.754 shall not apply to: (a) Cigarettes allowed to be imported or brought into the United States for personal use; and (b) Cigarettes sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with the prov…

The purpose of this section, KRS 249.010, 249.020, 249.030, 249.040, 249.050, 249.060, 249.070, 249.090, 249.100, 249.101, 249.102, 249.103, 249.104, and 249.105 is to prevent the introduction and dissemination within this Commonwealth of insect pests, plant diseases, and weeds a…

As used in this chapter, unless the context requires otherwise: (1) "Commissioner" means the Commissioner of Agriculture. (2) "Department" means the Department of Agriculture. (3) "Director" means the director of the agricultural experiment station. (4) "Pest" means any insect, s…

(1) The chair of the Department of Entomology of the agricultural experiment station at the University of Kentucky shall be the state entomologist. (2) The state entomologist shall serve without pay other than his salary as an officer of the agricultural experiment station at the…

(1) The state entomologist, with the advice and consent of the director and the Commissioner, may promulgate, modify, and enforce administrative regulations and orders needed to carry out KRS 249.020 to 249.100. (2) The state entomologist may publish bulletins, circulars, and rep…

Legislative Research Commission Note (7/15/96). The statute originally assigned this number in the tables for the 1996 Kentucky Acts was renumbered as KRS 249.102 in codification.

The state entomologist shall, with the advice and consent of the director and the Commissioner, establish and maintain quarantines against the importation into this state and against the transportation within this state, of any trees, plants, and parts of plants, whether nursery-…

Hindering inspection prohibited. (1) Whenever the state entomologist, his deputy, or a nursery inspector has reason to believe or is credibly informed that at any place within the state there has been introduced, or offered for sale, trees, plants, or parts of plants infected or …

Legislative Research Commission Note (7/15/96). The statute originally assigned this number in the tables for the 1996 Kentucky Acts was renumbered as KRS 249.101 in codification.

Legislative Research Commission Note (7/15/96). The statute originally assigned this number in the tables for the 1996 Kentucky Acts was renumbered as KRS 249.105 in codification.

(1) Every resident nursery or dealer selling nursery stock in this state shall annually file credentials with the state entomologist. If these credentials are satisfactory to the state entomologist, the director, and the Commissioner, the state entomologist shall, upon payment by…

Legislative Research Commission Note (7/15/96). The statute originally assigned this number in the tables for the 1996 Kentucky Acts was renumbered as KRS 249.103 in codification.

Shipment of affected stock prohibited -- Exception. (1) All nurseries in the Commonwealth of Kentucky shall be inspected by the state entomologist, his deputy, or by a nursery inspector, once each year. The state entomologist may collect specimens of plant material in order to ma…

When the state entomologist examines any trees, vines, plants or other nursery stock and finds the stock free from dangerously injurious insect and fungus enemies, he shall make out and deliver to the owner of the stock a certificate stating that he has inspected the stock and th…

Whenever a resident nurseryperson or nursery dealer ships or delivers nursery stock, he shall send on each package or shipment so shipped or delivered a printed copy of the certificate or license issued to him by the state entomologist.

Legislative Research Commission Note (7/15/96). The statute originally assigned this number in the tables for the 1996 Kentucky Acts was renumbered as KRS 249.104 in codification.

Trees, plants, or parts of plants, whether nursery-grown or not, that are sold, shipped, or transported into this state shall bear a copy of a certificate of inspection from a state or United States government inspector. Transportation companies within the state shall notify the …

A nurseryperson and nursery dealer shall maintain for one (1) year records of plant purchases, acquisitions, sales, or other distributions, excluding retail sales, and make the records available upon request to the state entomologist for inspection. No person shall withhold recor…

When application is made, the state entomologist may issue a permit for shipment into or within the Commonwealth of injurious plant pests for research or diagnostic purposes.

Every nursery dealer engaged in selling nursery stock in this state shall, before selling, offering for sale, or delivering any stock, make annual application to the state entomologist and obtain a nursery dealer's license as provided in this section, KRS 249.005, 249.010, 249.02…

No person shall make a false declaration of acreage or conceal any nursery stock from inspection.

All shipments of nursery stock entering the state, as well as intrastate shipments, may be inspected in transit or at their destination in order to determine whether or not they are moving in compliance with the provisions of this section, KRS 249.005, 249.010, 249.020, 249.030, …