Title XXI, Agriculture and Animals

representatives of department. Each stockyard or buying station owner or licensee shall, during ordinary business hours, permit any authorized representative of the department to enter his or her place of business and inspect any or all property in his or her possession or contro…

(1) The owner or operator of any stockyard or buying station, any market agency, or any livestock dealer who is required to execute and maintain a surety bond or other security instrument or agreement in compliance with standards set out in the Packers and Stockyards Act, 7 U.S.C…

All scales used in stockyards or buying stations shall be certified. The scales shall be tested at least every six (6) months by a scale agency approved by the department. Certification of the scales shall be exhibited before issuance or renewal of any stockyard or buying station…

It shall be unlawful for any weighman to misweigh or falsely report any weights or to otherwise fraudulently manipulate scales to produce a weight other than the true and actual weight of any livestock consigned to and sold at any stockyard or buying station.

All license fees and all other fees collected under this chapter shall be paid into the State Treasury to the credit of a revolving fund for the use of the department in defraying the expense of enforcing the provisions of this chapter and in conjunction with other funds made ava…

If the owner or operator of any licensed stockyard in this state is required by law or shall have any reason to utilize the services of a veterinarian, the veterinarian shall be chosen by the owner or operator of the stockyards, and may be relieved of his duties at the pleasure o…

Payment for livestock purchased by market agencies or livestock dealers shall be made in full compliance with requirements under the Packers and Stockyards Act, 7 U.S.C. secs. 181-229b and regulations promulgated thereto.

Stockyards and buying stations shall carry insurance on all livestock while the livestock are kept at the stockyards or buying stations in order to ensure that the livestock will be insured against injury or loss caused by catastrophic peril such as fire, windstorm, or similar oc…

No provision of KRS Chapter 261 shall be construed as applicable to: (1) A person who offers for sale or trade only livestock which he has owned or has in his possession for a period of thirty (30) days or longer and who is not regularly engaged in the business of buying, selling…

License revocation or suspension. (1) No person shall engage in the business of being a livestock dealer without having first obtained a license from the department. Application for a license shall be made on a form provided by the department and accompanied by a fee of ten dolla…

Notwithstanding any provision of the law to the contrary, the Department of Agriculture shall not enact any administrative regulations prohibiting the rights of buyers of any livestock to purchase the livestock.

(1) Any person who violates any provision of this chapter or any administrative regulation promulgated under this chapter, or who refuses to pay the fees required in this chapter, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500), o…

(1) "Board" means the board of supervisors of a conservation district; (2) "Commission" means the Conservation Commission; (3) "District" means a conservation district whenever used in KRS 262.010 to 262.660 or a watershed conservancy district whenever used in KRS 262.700 to 262.…

purpose. The purpose of a soil and water conservation district is to conserve and develop all renewable natural resources within the district. In so doing, the district is authorized to undertake, sponsor, or participate in projects and activities which promote the conservation, …

Water Conservation Commission. All of the functions of the State Soil Conservation Committee provided in this chapter are hereby transferred to and shall be exercised by the Soil and Water Conservation Commission.

The commission shall: (1) Supervise the organization and discontinuance of soil conservation districts. (2) Supervise the appointment of members of soil conservation district boards of supervisors. (3) Secure the cooperation and assistance of other agencies of the federal, state …

Appropriations out of the State Treasury to finance the program of the Soil and Water Conservation Commission shall be paid out directly on the orders of the chairman, and shall be used to pay the expenses of the commission.

Exception. (1) The supervisors of the respective soil and water conservation districts shall submit to the commission such statements, estimates, budgets, and other information at such time and in such manner as the commission requires. (2) The supervisors of the soil and water c…

(1) Any twenty-five (25) owners of land lying within the limits of the territory proposed to be organized into a district, and within counties that maintain a full-time county agricultural extension agent, may file a petition with the commission asking that a soil conservation di…

(1) Within thirty (30) days after a petition has been filed with the commission under KRS 262.100, it shall cause due notice to be given of a proposed hearing upon the questions of the desirability and necessity, in the interest of the public health, safety and welfare, of the cr…

After the commission has made and recorded a determination that there is need, in the interest of the public health, safety and welfare, for the organization of a district in a particular territory and has defined the boundaries of that district, it shall consider the question wh…

representation of opposing sides. (1) The commission shall pay all expenses for the issuance of notices and the conduct of the hearings and referendum provided for in KRS 262.110 and 262.120, and shall supervise the conduct of the hearings and referendum. It shall issue appropria…

(1) The commission shall publish the result of the referendum held under KRS 262.120 and shall then determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the commission determines that the operation of the d…

Term. (1) If the commission determines that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall appoint three (3) supervisors to act with the four (4) supervisors elected as provided by KRS 262.220 and 262.24…

of committee. (1) The three (3) supervisors appointed under KRS 262.150 shall present to the Secretary of State an application signed by them, which shall set forth the following: (a) Recitals that a petition for the creation of the district was filed with the commission pursuant…

(1) The Secretary of State shall examine the application and statement and, if he finds that the name proposed for the district is not identical with that of any other district or so nearly similar as to lead to confusion or uncertainty, he shall receive and file the application …

(1) The territory of a district shall include all lands lying within the boundaries of a district, including incorporated cities and towns. (2) Petitions for including additional territory within an existing district may be filed with the commission, and the proceedings provided …

After the expiration of six (6) months from the date of entry of a determination by the commission, denying a petition for a proposed district, subsequent petitions covering the same or substantially the same territory may be filed and action taken thereon in accordance with KRS …

funds. (1) A district shall constitute a governmental subdivision of the state and public body corporate and politic, exercising public power. (2) The governing body of the district shall consist of a board of seven (7) supervisors. On organization of a district, the first two (2…

Nominating petitions shall be filed with the clerk of the county in which the district lies to nominate candidates for supervisors of the district. Such petitions shall be filed by at least the last date prescribed by the election law generally for filing certificates of nominati…

The county clerk shall cause the names of all nominees on behalf of whom nominating petitions have been filed under KRS 262.210 to be prepared for presentation to the voters in the regular elections as provided in KRS 117.145. In counties encompassing more than one (1) soil and w…

(1) The board shall select a chairman and may, from time to time, change that selection. (2) A majority of the supervisors shall constitute a quorum and the concurrence of a majority shall be necessary for a determination of the board.

Compensation -- Requirements to hold office -- Removal -- Immunity for official acts. (1) A supervisor's term begins on January 1 following his or her election. Supervisors shall be elected for four (4) years as their terms expire. Nominating petitions for supervisors shall be fi…

(1) The board may employ such employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. (2) The board may delegate to the chairman, to one or more supervisors, or to one or more agents or employees such powers and du…

Appropriation by city or county to assist in program. The board may by resolution invite the legislative body of any city and/or administrative body of any county (fiscal court) in which the district is located or nearby, to select a representative to consult with the board of th…

To carry into effect the purposes of this chapter, the board may make, and from time to time amend and repeal, regulations not inconsistent with this chapter.

furnished to commission. (1) The board shall provide for the keeping of a full and accurate record of all its proceedings and of all resolutions, regulations, and orders issued or adopted by it. (2) Notwithstanding KRS 65A.030, an audit of the accounts of each soil and water cons…

apply. (1) The board may obtain options upon and acquire in any way any property or rights or interests in property. It may maintain, administer and improve property acquired, receive the income therefrom and spend the income in administering this chapter. It may dispose of any o…

The board may conduct surveys, investigations and research relating to the character of soil erosion and the preventive and control measures needed, publish the results of the surveys, investigations or research and disseminate information concerning such preventive and control m…

The board may develop comprehensive plans for the conservation of soil resources and for the control and prevention of soil erosion within the district. The plans shall specify in such detail as may be possible, the acts, procedures, performances and avoidances which are necessar…

agencies. (1) The board may carry out preventive and control measures within the district, including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land and other measures of soil conservation listed in KRS 262.02…

benefits. (1) The board may make available or lease, on such terms as it prescribes, to landowners and occupiers within the district, agricultural and engineering machinery and equipment, including heavy or specialized equipment acquired pursuant to KRS 262.610, fertilizer, seeds…

The board may: (1) Take over and administer any soil-conservation, erosion-control or erosion- prevention project located within its boundaries undertaken by the United States or any of its agencies, or by this state or any of its agencies; (2) Manage, as agent of the United Stat…

(1) Whenever the board determines that uncontrolled soil erosion on some lands within the district is causing damage to other lands within the district, it may propose regulations governing the use of lands within the district in the interest of conserving soil and soil resources…

The board shall not enact land-use regulations into law until after it has caused due notice to be given of its intention to conduct a referendum submitting such regulations to the owners and occupiers of lands lying within the boundaries of the district, the referendum has been …

(1) Copies of the proposed land-use regulation shall be available for the inspection of all eligible voters during the period between publication of notice and the date of the referendum. The notices of the referendum shall recite the contents of the proposed regulation, or shall…