Title XXI, Agriculture and Animals

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…

-- Taking and disposition of samples -- Notification. (1) For the purpose of enforcement of KRS 250.491 to 250.631, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to the provisions, officers or empl…

(1) When the director has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of KRS 250.491 to 250.631 or of any of the prescribed administrative regulations under KRS 250.491 to 250.631, he may issue and enforce a wr…

attorney -- Injunction -- Judicial review -- Protection of trade secrets. (1) If the director has probable cause to believe that any of the provisions of KRS 250.491 to 250.631 have been violated, he shall notify the person involved of the alleged violations and designate a time …

The director may cooperate with and enter into agreements with governmental agencies of this and other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of KRS 250.491 to 250.631.

The director shall publish at least annually, in forms he deems proper, information concerning the sales of commercial feeds, together with data on their production and use, and the results of the analyses of official samples of commercial feeds sold within the state as compared …

KRS 250.491 to 250.631 may be cited as the Kentucky Commercial Feed Law of 1972.

As used in KRS 250.650 to 250.720 unless the context otherwise requires: (1) "Department" means the Department of Agriculture; (2) "Commissioner" means the Commissioner of Agriculture; (3) "Owner" means any individual, firm, partnership, corporation, organization or association o…

nonresident. On or before July 1, 1960, and on or before July 1 of each year thereafter, any owner who conducts a business for the purpose of offering or exposing for sale agricultural limestone shall register with the department, on a form supplied by the department, before such…

The Commissioner shall have the power to promulgate, alter, or rescind any rules or regulations for the enforcement of KRS 250.650 to 250.720 and the following matters: (1) Standards or specifications regarding the calcium carbonate content of agricultural limestone as determined…

The Commissioner may employ such personnel as he may deem necessary for the proper enforcement of KRS 250.650 to 250.720.

The department's authorized representative shall have the authority to enter upon public and private premises or to stop public and private conveyances except common carriers for the purpose of inspection and to obtain samples of agricultural limestone.

A registration may be revoked at any time for just cause as hereinafter provided. Grounds for revocation of a registration are as follows: (1) Material misrepresentations made for the purpose of defrauding any member of the public or the sale of any materials which do not conform…

Appeal. The Commissioner shall notify any applicant or owner by certified mail, return receipt requested of any decision to refuse to grant a registration or to revoke a registration within ten (10) days after the decision, and the applicant or owner shall have thirty (30) days a…

All moneys received from the registration fees and fines collected by the department hereunder shall be deposited to a revolving fund in the State Treasury to be used for the administration and enforcement of KRS 250.650 to 250.720.

(1) Any person who violates any of the provisions of KRS 250.021 to 250.111 or KRS 250.361 to 250.461 shall be fined not less than one hundred dollars ($100), nor more than seven hundred fifty dollars ($750). (2) Any person who shall impede, hinder, or otherwise prevent, or attem…

(1) Except as provided in KRS 250.489 or 250.4892, any person who violates any provision of KRS 250.482 to 250.488 shall be fined not more than five hundred dollars ($500). (2) Any person who knowingly possesses anhydrous ammonia in a container other than an approved container in…

Any person violating any of the provisions of KRS 250.650 to 250.720 shall upon conviction thereof be guilty of a misdemeanor. Each separate violation of KRS 250.650 to 250.720 shall constitute a separate offense and be punishable by a fine of not less than fifty dollars ($50) no…

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…

As used in KRS 252.180 to 252.240, and KRS 252.990, unless the context requires otherwise: (1) "Bees" means any stage of the common hive or honey bee (apis mellifica) or other bees kept for the production of honey or wax; (2) "Bee diseases" means American or European foul brood, …