CHAPTER 246 Department of Agriculture

246.010. Definitions.

As used in this chapter, unless the context requires otherwise:

  1. “Board” means the state Board of Agriculture;
  2. “Commissioner” means the Commissioner of Agriculture;
  3. “Department” means the Department of Agriculture;
  4. “Structure” means a building erected as a shelter for human beings, animals or agricultural products, equipment, or supplies;
  5. “Agriculture” means the business of raising or producing:
    1. Crops, the products of which are used for food, feed, fiber, energy, or pharmaceuticals;
    2. Horticulture products;
    3. Tobacco;
    4. Aquaculture products;
    5. Livestock, poultry, and ratite birds and eggs;
    6. Milk and milk products;
    7. Eggs and egg products;
    8. Bees and bee products; and
    9. Timber;
  6. “Horticulture” means the business of raising fruits, nuts, vegetables, flowers, ornamental plants, shrubs, trees, herbs, and the starts or transplants needed to produce these items;
  7. “Aquaculture” means the science, art, and business of producing and raising aquatic organisms under controlled or semicontrolled conditions;
  8. “Livestock” means cattle, sheep, swine, goats, horses, llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, or equine species, deer and elk, whose regulatory requirements are under KRS Chapters 150 and 246, that are privately owned and raised in a confined area for breeding stock, food, fiber, and other products; and
  9. “Poultry” means chickens, ducks, turkeys, or other domestic fowl being raised or kept on any premises in the Commonwealth for profit.

History. Enact. Acts 1942, ch. 208, § 1, effective October 1, 1942; 1970, ch. 96, § 1; 2001, ch. 46, § 1, effective June 21, 2001; 2002, ch. 88, § 3, effective March 28, 2002.

Compiler’s Notes.

This section was originally created by the Legislative Research Commission in order to clarify the chapter.

NOTES TO DECISIONS

Cited:

Commonwealth v. Gussler, 278 S.W.3d 153, 2008 Ky. App. LEXIS 251 (Ky. Ct. App. 2008).

Research References and Practice Aids

Cross-References.

Cooperative extension service districts, KRS 164.620 .

Labor Cabinet, KRS ch. 336.

246.020. Purpose of department.

The efforts of the department shall be directed to the promotion of the interests of agriculture and horticulture.

History. 33, 4618-78: amend. Acts 1966, ch. 255, § 216.

Research References and Practice Aids

Cross-References.

Apiary law, department to administer and enforce, KRS 252.180 to 252.240 .

Supervision and licensing of frozen food locker plants, KRS 221.020 , 221.030 .

246.030. Organization of department.

The department shall consist of:

  1. The Office of the Commissioner;
  2. The Office of Agricultural Marketing, which shall include the following:
    1. The Promotion and Development Division;
    2. The Shows and Fairs Division;
    3. The Livestock Division;
    4. The Plant Division;
    5. The Education and Outreach Division; and
    6. The Direct Farm Marketing Division;
  3. The Office for Consumer and Environmental Protection, which shall include the following:
    1. The Division of Regulation and Inspection;
    2. The Division of Food Distribution; and
    3. The Division of Environmental Services;
  4. The Office of State Veterinarian, which shall include the following:
    1. The Division of Animal Health; and
    2. The Division of Producer Services;
  5. The Office of Administrative Services, which shall include the following:
    1. The Division of Human Resources;
    2. The Division of Administrative Services; and
    3. The Division of Information Technology;
  6. The Office of Communications;
  7. The Office of Legal Services;
  8. The State Board of Agriculture; and
  9. The Kentucky Office of Agricultural Policy, which shall include the following:
    1. Agricultural Development Board; and
    2. Kentucky Agricultural Finance Corporation.

HISTORY: 42a-3, 4618-17, 4618-18, 4618-79, 4618i-1: amend. Acts 1950, ch. 9, § 15; 1960, ch. 62, § 2; 1978, ch. 155, § 127, effective June 17, 1978; 1980, ch. 295, § 84, effective July 15, 1980; 1982, ch. 447, § 15, effective April 12, 1982; 1984, ch. 404, § 33, effective July 13, 1984; 1990, ch. 393, § 2, effective July 13, 1990; 1994, ch. 119, § 1, effective July 15, 1994; 1994, ch. 120, § 1, effective July 15, 1994; 1994, ch. 121, § 1, effective July 15, 1994; 1996, ch. 264, § 1, effective July 15, 1996; 2002, ch. 49, § 1, effective July 15, 2002; 2004, ch. 88, § 1, effective July 13, 2004; 2005, ch. 26, § 1, effective June 20, 2005; 2018 ch. 3, § 1, effective July 14, 2018; 2021 ch. 12, § 6, effective March 12, 2021.

NOTES TO DECISIONS

Cited:

Ferguson v. Chandler, 266 Ky. 694 , 99 S.W.2d 732, 1936 Ky. LEXIS 709 ( Ky. 1936 ); Brown v. Barkley, 628 S.W.2d 616, 1982 Ky. LEXIS 232 ( Ky. 1982 ).

Research References and Practice Aids

Cross-References.

Board of agriculture, KRS 246.120 .

Board of veterinary examiners, KRS 321.230 .

Office for Agricultural Marketing and Product Promotion, KRS 260.020 .

State fair board, KRS 247.090 .

246.040. Commissioner.

  1. The Commissioner shall be the head of the department. He shall keep his office at the seat of government and devote his entire time to the duties of his office.
  2. The Commissioner may employ necessary personnel to assist in carrying out his duties.

History. 32, 41, 4618-78, 4618-79: amend. Acts 1946, ch. 26, § 6; 1946, ch. 27, § 24; 1950, ch. 123, § 29, effective January 7, 1952; 2002, ch. 88, § 4, effective March 28, 2002.

Compiler’s Notes.

Former subsection (2) was repealed by Acts 1946, ch. 27, § 24, former subsection (3) was repealed by Acts 1950, ch. 123, § 29, effective January 7, 1952, and the remaining subsections renumbered.

NOTES TO DECISIONS

1.Powers.

Powers and duties of commissioner are fixed by legislature. Ferguson v. Chandler, 266 Ky. 694 , 99 S.W.2d 732, 1936 Ky. LEXIS 709 ( Ky. 1936 ).

Research References and Practice Aids

Cross-References.

Bond of commissioner, amount and conditions, KRS 62.160 , 62.180 .

Commissioner to be:

Commissioned by governor, KRS 61.020 .

Elected by voters, Ky. Const., § 91.

Member of board of agriculture, KRS 246.120 .

Member of board of veterinary examiners, KRS 321.230 .

Member of fair council, KRS 247.220 .

Department heads to control departments, KRS 12.040 .

Salary of commissioner, KRS 64.480 .

State apiarist and deputies, commissioner of agriculture to appoint, KRS 252.180 .

246.043. Executive director of Office of Agri-Business Standards. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 393, § 6, effective July 13, 1990) was repealed by Acts 1996, ch. 264, § 2, effective July 15, 1996.

246.046. Executive director of Office of Environmental Advocacy. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 393, § 7, effective July 13, 1990; 1994, ch. 119, § 2, effective July 15, 1994) was repealed by Acts 1996, ch. 264, § 2, effective July 15, 1996.

246.050. Department may engage in field demonstration and educational work. [Repealed.]

Compiler’s Notes.

This section (42c-1, 42c-2) was repealed by Acts 2002, ch. 88, § 13, effective March 28, 2002.

246.055. Acceptance of federal aid, gifts — Distribution — Agreement with federal government.

  1. The Department of Agriculture may accept federal aid, gifts, donations, or devises. The Department of Agriculture is authorized in its discretion to accept the provisions of any Act of Congress appropriating, granting, or apportioning funds or commodities to the state for use in connection with any program of the Department of Agriculture. The Commissioner shall prescribe for the proper apportionment and distribution of these funds, property or commodities in accordance with the state and federal laws.
  2. The Commissioner of Agriculture may enter into any agreement and carry out the terms of such agreement with any department of the federal government to handle funds, commodities or any devise under any program assigned to or handled by the Department of Agriculture.

History. Enact. Acts 1960, ch. 158, effective June 16, 1960.

246.057. Metrology lab fees.

  1. The department may promulgate administrative regulations establishing license fees, testing fees, and any other fees necessary to operate and maintain a metrology lab within the department. Fees shall be established at a level that shall not exceed the actual cost of operating and maintaining the metrology lab.
  2. All amounts received from any fees imposed under subsection (1) of this section shall be deposited in a restricted fund and shall not be used for any other purpose.

History. Enact. Acts 2010 (1st Ex. Sess.), ch. 2, § 9, effective June 4, 2010.

246.060. Department to furnish information as to credit unions. [Repealed.]

Compiler’s Notes.

This section (883g-7) was repealed by Acts 1996, ch. 264, § 2, effective July 15, 1996.

246.065. Identification of lands of statewide agricultural importance.

  1. The State Department of Agriculture shall identify lands of statewide agricultural importance through the use of the United States Department of Agriculture’s land evaluation and site assessment program and the state’s geographic information system. The department shall provide information on the location of agricultural lands of statewide importance to each local planning unit operating under the requirements of KRS Chapter 100.
  2. The department is authorized to promulgate administrative regulations to implement this section.

History. Enact. Acts 1994, ch. 390, § 30, effective July 15, 1994.

246.070. Functions of Commissioner.

  1. The Commissioner shall promote and encourage, as far as practicable, the organization of agricultural organizations and associations. He shall ascertain in detail the quality and quantity of land under cultivation; the kinds, amounts and value of the annual field crops; the annual production of orchards, gardens, and dairies; the kinds, value, and increase of livestock; the character and wages of labor employed in the cultivation of the soil; and the value of agricultural exports and imports.
  2. The Commissioner may, if he thinks it will promote the objects of the department, expend such sums as are available in the payment of premiums that he offers to encourage the agricultural industry of the state.

History. 33, 39: amend. Acts 2002, ch. 88, § 5, effective March 28, 2002.

Research References and Practice Aids

Cross-References.

Apiary law, commissioner of agriculture to administer and enforce, KRS 252.180 to 252.240 .

Soybean promotion law, duties, KRS 247.510 to 247.595 .

Supervision and licensing of frozen food locker plants, KRS 221.020 , 221.030 .

246.080. Officers to furnish Commissioner information.

All officers of the state and counties shall furnish the Commissioner with such information within their power as he may require in regard to the matters connected with the department. The Commissioner shall also put himself in communication with the different agricultural associations and organizations and such other organizations or persons in or out of the state, as he may deem proper, in order to secure information.

History. 34: amend. Acts 2002, ch. 88, § 6, effective March 28, 2002.

246.090. Commissioner to issue monthly reports — Publication. [Repealed.]

Compiler’s Notes.

This section (35) was repealed by Acts 2002, ch. 88, § 13, effective March 28, 2002.

246.100. Annual report on state, to induce immigration. [Repealed.]

Compiler’s Notes.

This section (36) was repealed by Acts 2002, ch. 88, § 13, effective March 28, 2002.

246.105. Report of ownership of agricultural land by foreign investors. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1980, ch. 94, § 1, effective July 15, 1980) was repealed by Acts 1996, ch. 264, § 2, effective July 15, 1996.

246.110. Report to General Assembly. [Repealed.]

Compiler’s Notes.

This section (36, 4618-78) was repealed by Acts 2002, ch. 88, § 13, effective March 28, 2002.

246.120. State Board of Agriculture.

  1. The board shall consist of eighteen (18) members as follows:
    1. The commissioner or the commissioner’s designee, who shall be a voting member and serve as chairman;
    2. The dean of the University of Kentucky College of Agriculture, Food and Environment or the dean’s designee, who shall be a voting member and serve as vice chairman;
    3. Thirteen (13) citizens of the Commonwealth appointed by the Commissioner who shall serve as voting members, specifically:
      1. Four (4) members who are farmers with experience in crop production, each of whom shall be selected from a list of at least three (3) individuals nominated by the Kentucky Corn Growers Association, the Kentucky Small Grain Growers Association, the Kentucky Soybean Association, or other similar trade organizations or commodity groups;
      2. Four (4) members who are farmers with experience in animal agriculture, each of whom shall be selected from a list of at least three (3) individuals nominated by the Kentucky Cattlemen’s Association, the Kentucky Dairy Development Council, the Kentucky Pork Producers Association, the Kentucky Poultry Federation, the Kentucky Sheep and Goat Development Office, or other similar trade organizations or commodity groups;
      3. Three (3) members who shall be appointed from the state at large who are farmers with due consideration to geographical distribution throughout the state and industry representation;
      4. One (1) member who shall be appointed from a list of at least three (3) individuals nominated by the AgriBusiness Association of Kentucky or other similar trade organizations representing agribusiness; and
      5. One (1) member who shall be appointed from a list of at least three (3) individuals nominated by the Kentucky Farm Bureau Federation;
    4. The state president of the Kentucky FFA Association who shall serve as a nonvoting member for the duration of his or her term;
    5. The state president of the Kentucky Young Farmers Association who shall serve as a nonvoting member for the duration of his or her term; and
    6. The state president of the Kentucky 4-H who shall serve as a nonvoting member for the duration of his or her term.
  2. The members who serve on the board and were appointed by the Commissioner shall serve four (4) year terms and shall serve until their successors are duly appointed and qualified. No more than eight (8) of the thirteen (13) shall belong to the same political party.
  3. Upon the expiration of the term of a member of the board, the Commissioner shall appoint a successor. A board member whose term has expired shall serve until a replacement has been appointed and qualified. No person shall serve on the board for more than twelve (12) years.
  4. The board shall be a body corporate under the corporate name “State Board of Agriculture” and shall have the usual corporate powers.

History. 37-2, 37-3: amend. Acts 1960, ch. 122, § 1; 1994, ch. 122, § 1, effective July 15, 1994; 2019 ch. 88, § 1, effective August 1, 2019; 2021 ch. 150, § 1, effective March 29, 2021.

NOTES TO DECISIONS

1.Acts of Officers or Servants.

State board of agriculture is not liable for the tortious acts of its officers or servants. Zoeller v. State Bd. of Agriculture, 163 Ky. 446 , 173 S.W. 1143, 1915 Ky. LEXIS 251 ( Ky. 1915 ).

246.130. Meetings of board — Quorum.

The board shall meet at least four (4) times per year to consider the general agricultural, horticultural, and forestry interests of the state, and to take the necessary steps for carrying out the purpose of the board. The Commissioner may, and at the request of eight (8) of its voting members, call its meetings and the board may adjourn any meeting to a time and place as may be determined. Eight (8) voting members shall constitute a quorum. Eight (8) members may call the board together for the transaction of business if the Commissioner, upon their request, refuses to do so.

HISTORY: 37-4: amend. Acts 1994, ch. 122, § 2, effective July 15, 1994; 2002, ch. 88, § 7, effective March 28, 2002; 2018 ch. 3, § 2, effective July 14, 2018; 2019 ch. 88, § 2, effective August 1, 2019.

NOTES TO DECISIONS

Cited:

Ferguson v. Chandler, 266 Ky. 694 , 99 S.W.2d 732, 1936 Ky. LEXIS 709 ( Ky. 1936 ).

246.140. Compensation of board — Limitation on days of session.

Except as provided in KRS 18A.200 , members of the board shall receive fifty dollars ($50) per day and actual traveling expenses while attending meetings of the board, but the total number of days the board may be in session shall not exceed thirty-six (36) per year.

History. 37-12: amend. Acts 1960, ch. 122, § 2; 1978, ch. 154, § 27, effective June 17, 1978; 1994, ch. 122, § 3, effective July 15, 1994.

246.150. Clerk and stenographers for board. [Repealed.]

Compiler’s Notes.

This section (37-11: amend. Acts 1974, ch. 386, § 50) was repealed by Acts 1996, ch. 264, § 2, effective July 15, 1996.

246.160. Board to advise Commissioner.

The board shall act as an advisory board to the Commissioner.

History. 37-8: amend. Acts 2002, ch. 88, § 8, effective March 28, 2002.

Research References and Practice Aids

Cross-References.

Grain warehouses, duty of board in connection with, KRS 251.020 .

246.170. Board to report to General Assembly. [Repealed.]

Compiler’s Notes.

This section (63c-22) was repealed by Acts 2002, ch. 88, § 13, effective March 28, 2002.

246.180. Duties of board as to immigration and emigration. [Repealed.]

Compiler’s Notes.

This section (37-10) was repealed by Acts 1996, ch. 264, § 2, effective July 15, 1996.

246.190. State farmers’ institute. [Repealed.]

Compiler’s Notes.

This section (37-6) was repealed by Acts 1996, ch. 264, § 2, effective January 1, 1996.

246.200. Delegates to institute — Crop reporters — Report on institute. [Repealed.]

Compiler’s Notes.

This section (37-5, 37-11) was repealed by Acts 1996, ch. 264, § 2, effective July 1, 1996.

246.210. Access of department and agents, board and members, and others to premises — Destruction or slaughter of diseased livestock.

  1. The department or its agents or employees shall have free access within reasonable hours to any farm, orchard, garden, elevator, warehouse, building, cellar, freight or express office or car, freight yard, vehicle, vessel, boat, container, or any other place which, for probable cause, it may be necessary or desirable for the agents to enter in order to enforce a quarantine against the European corn borer (Pyrausta nubilaslis).
  2. The department or any of its agents or employees may, after reasonable notice, enter any premises for the purpose of inspecting or testing livestock to determine the existence of, or to combat in any way, communicable diseases. The owner of the livestock to be tested or inspected shall, after reasonable notice, confine and present the livestock to the agents or employees of the department. When the department or any of its agents or employees determines through inspection or testing that any livestock is infected with a communicable disease, they may enter any premises, after reasonable notice, and remove the diseased livestock, and have the livestock destroyed or slaughtered and the owner indemnified as provided in KRS 257.120 to 257.150 . When necessary the department or any of its agents or employees may call upon peace officers for assistance.
  3. The state entomologist or his authorized agent shall, upon previous application, have free access within reasonable hours to any premises or containers for purposes of trapping, inspecting for, investigating, or treating the premises for the control of Japanese beetles (Popillia japonica).
  4. The director of the agricultural experiment station and his agents shall have free access at all reasonable hours to any premises, vehicle, elevator, or steamship company, in the discharge of his duties under KRS 250.081 .

History. 30c-21, 42f-3, 42g-2, 63c-13, 68n-4, 1376b-22: amend. Acts 1962, ch. 248, § 2; 1966, ch. 255, § 217; 1990, ch. 97, § 5, effective July 13, 1990; 1994, ch. 370, § 12, effective April 8, 1994; 2002, ch. 88, § 9, effective March 28, 2002; 2002, ch. 240, § 3, effective July 15, 2002.

Legislative Research Commission Note.

(7/15/2002). This section was amended by 2002 Ky. Acts chs. 88 and 240, which do not appear to be in conflict and have been codified together.

NOTES TO DECISIONS

1.Diseased Animals.

The statutes governing control and eradication of communicable diseases of animals granted authority to the department to kill diseased animals. Spillman v. Beauchamp, 362 S.W.2d 33, 1962 Ky. LEXIS 253 ( Ky. 1962 ).

Opinions of Attorney General.

The state board of agriculture has authority to promulgate a regulation requiring any cattle owner of beef stock under quarantine to round up the herd with reasonable notice and at a specified time for the purpose of permitting a representative of the department to inspect the cattle individually for any violation of the quarantine. OAG 60-416 .

The state veterinarian and his representatives have the authority and power to proceed to inspect and test cattle, wherever found, for contagious or communicable disease and any person who refuses to permit such inspection or testing will be subject to prosecution under KRS 246.990(2), KRS 257.990(1) or KRS 257.990(10). OAG 60-973 .

Research References and Practice Aids

Cross-References.

Apiaries, right of access to, KRS 252.240 .

246.220. Interference with officers prohibited.

  1. No person shall in any way hinder, refuse, or defeat entrance or inspection by an agent or employee of the department who is performing the duties of his office for the purpose of combating the European corn borer under subsection (1) of KRS 246.210 .
  2. No person shall interfere in any way with the department or any of its agents or employees in the inspection of premises and livestock, or in the testing of livestock on any premises when the object of the inspection or testing is to determine the existence of, or to combat in any way, communicable disease in livestock. No person shall interfere in any way with the department or any of its agents or employees in the removal from any premises of livestock found to be infected with a communicable disease.
  3. No person shall hinder the efforts of the state entomologist or his agents in combating Japanese beetles under KRS 246.210 .
  4. No person shall hinder the entomologist in the performance of any of his duties.
  5. No person shall interfere in any way with inspectors or assistants while they are discharging their duties under KRS 250.021 to 250.111 .
  6. No person shall hinder, prevent, or attempt to prevent any person from discharging his duties under KRS 250.491 to 250.631 .
  7. No person shall in any way impersonate, hinder, or obstruct the department or its inspectors in the performance of their official duties under KRS 248.280 to 248.440 or 261.220 .

History. 42c-7, 42f-3, 42g-3, 63c-5, 63d-11, 68n-11, 1376b-23, 1719a-11, 4814c-18: amend. Acts 1958, ch. 126, § 31; 1962, ch. 248, § 3; 1966, ch. 255, § 218; 1980, ch. 188, § 230, effective July 15, 1980; 1994, ch. 370, § 13, effective April 8, 1994; 1996, ch. 142, § 17, effective July 15, 1996; 2002, ch. 88, § 10, effective March 28, 2002.

Research References and Practice Aids

Cross-References.

Penalty for interference with enforcement of apiary law, KRS 252.240 , 252.990 .

Penalty for interference with enforcement of baby chick law, KRS 257.990 .

246.230. Study and survey of agricultural production and marketing. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1950, ch. 8) was repealed by Acts 1996, ch. 264, § 2, effective July 15, 1996.

246.240. Dairy products, collection and publication of information concerning. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1950, ch. 7, §§ 1 to 3) was repealed by Acts 1996, ch. 264, § 2, effective July 15, 1996.

246.245. Agriculture promotion fund.

  1. There is hereby established in the State Treasury a separate trust and agency account to be known as the “Agriculture Promotion Fund” to be administered by the Department of Agriculture for the purposes provided in this section. Any moneys accruing to this fund in any fiscal year shall not lapse but shall be carried forward to the next fiscal year.
    1. Any moneys deposited in the fund shall be used to purchase materials to promote agriculture in the Commonwealth;
    2. Any moneys received from the sale of promotional materials shall be deposited in the fund; and
    3. The fund may receive state appropriations, gifts, grants, and federal funds.

History. Enact. Acts 2001, ch. 20, § 1, effective June 21, 2001.

246.247. Agricultural program trust fund.

  1. The agricultural program trust fund is hereby created as a separate revolving fund to be administered by the Department of Agriculture.
  2. The fund shall consist of moneys deposited in the fund pursuant to KRS 186.050 and any other proceeds from grants, contributors, appropriations, or other moneys available for purposes of the trust fund.
  3. Moneys in the fund shall be used for agricultural programs administered by the department.
  4. Notwithstanding KRS 45.229 , any balance remaining in the fund at the end of a fiscal year shall not lapse. Any balance remaining at the end of a fiscal year shall be carried forward to the next fiscal year. Any interest earnings of the fund shall become part of the revolving fund and shall not lapse.

History. Enact. Acts 2009, ch. 3, § 1, effective March 6, 2009.

246.250. State aid for promotion of purebred cattle industry — Administrative regulations.

  1. As used in this section, unless the context otherwise requires:
    1. “Department” means the Department of Agriculture;
    2. “Commissioner” means the Commissioner of Agriculture;
    3. “Registered cattle” means cattle with approved registration papers from an appropriate association, organization, or authority;
    4. “Pen sale cattle” means uniform groups of commercial or registered beef cattle;
    5. “Market animals” means beef prospect steers and market heifers; and
    6. “AOB” means all other breeds. AOB is any combination of two (2) or more registered breeds. Both beef and dairy cattle may have an AOB category.
  2. The department shall support the development and the improvement of the cattle industry in Kentucky by promoting annual shows and sales of cattle with the purpose of establishing Kentucky as one of the greatest centers in the United States for the breeding, producing, raising, exhibiting, showing, and selling of cattle. The General Assembly shall make appropriations from the general expenditure fund for each fiscal year to effectuate that purpose.
  3. Except as provided in subsection (4) of this section, from the appropriations made in accordance with subsection (2) of this section, at least six thousand dollars ($6,000) shall be appropriated in each fiscal year for premiums and advertising expenditures for each of the following registered cattle breeds and other categories:
    1. Angus;
    2. Beefalo;
    3. Charolais;
    4. Chi;
    5. Hereford;
    6. Limousin;
    7. Market animals;
    8. Maine;
    9. Pen sale cattle;
    10. Red Angus;
    11. Red Poll;
    12. Salers;
    13. Santa Gertrudis;
    14. Shorthorn;
    15. Simmental;
    16. Ayrshire;
    17. Brown Swiss;
    18. Guernsey;
    19. Holstein;
    20. Milking Shorthorn; and
    21. Jersey.
  4. If a registered breed from subsection (3) of this section does not have enough entries to meet the minimum number required for a show, then it may combine with one (1) or more other registered breeds to form an AOB category. The AOB shall be funded in an amount equal to six thousand dollars ($6,000) from the allocations provided to the registered breeds that created the AOB. The funding shall be proportionately based on the number of entries per breed.
  5. The remainder of the appropriations made in accordance with subsection (2) of this section for each fiscal year shall be used and applied by the department as follows: At least five thousand dollars ($5,000) shall be divided between the Kentucky National Dairy Shows and Sales Board and the Kentucky Beef Expo Board to help cover facility and event costs; and the remaining balance shall be used and applied by the department in advertising and in promoting the cattle industry in Kentucky as the Commissioner may determine.
    1. Only exhibitors participating in the Kentucky National Dairy Shows and Sales or the Kentucky Beef Expo are eligible for the funds appropriated in subsection (3) or (4) of this section;
    2. Only eligible cattle from the United States and Canada may participate in the Kentucky National Dairy Shows and Sales or the Kentucky Beef Expo;
    3. When animals of equal quality are consigned, first consideration shall be given to Kentucky-owned or Kentucky-bred cattle; and
    4. In order to receive funding under subsection (3) or (4) of this section, each breed or category shall be required to match its appropriation on a dollar-for-dollar basis.
  6. The department shall promulgate administrative regulations in accordance with KRS Chapter 13A to carry out the provisions of this section.

History. Enact. Acts 1950, ch. 109, § 1 to 5; 1956, ch. 82; 1962, ch. 242; 1968, ch. 91, § 1; 1974, ch. 216, § 1; 1978, ch. 42, § 1, effective June 17, 1978; 1978, ch. 247, § 1, effective June 17, 1978; 1980, ch. 185, § 1, effective July 15, 1980; 1988, ch. 378, § 1, effective July 15, 1988; 1990, ch. 387, § 1, effective July 13, 1990; 2008, ch. 90, § 1, effective July 15, 2008.

246.260. State aid for promotion of sheep industry.

  1. As used in this section, unless the context otherwise requires:
    1. “Department” means the department of agriculture;
    2. “Commissioner” means the commissioner of agriculture;
    3. “Show, exhibition and sale” shall not include those held as a part of or in connection with any county or other local fair.
  2. It shall be the duty of the department to aid, encourage, foster and promote the development and improvement of the sheep industry in Kentucky. To that end, it shall be the duty of the department to promote, and assist in the promotion of shows and sales of sheep in Kentucky with the object and purpose of maintaining Kentucky’s national recognition as a sheep state for breeding, producing, raising, exhibition, showing and sale of sheep and for said purposes there hereby is appropriated out of the general fund to the department the sum of three thousand dollars ($3,000) for each of the fiscal years 1951-1952 and 1952-1953.
  3. From the appropriation made in subsection (2) of this section, one thousand dollars ($1,000) shall be used and applied in each of said fiscal years for the payment of premiums for district shows and sales which may be held in Kentucky in each of the fiscal years, 1951-1952 and 1952-1953 which is open on equal terms and conditions to all Kentucky 4-H club members with a sheep project. One thousand dollars ($1,000) shall be used and applied in each fiscal year for the payment of premiums for district shows and sales which may be held in Kentucky in each of the fiscal years, 1951-1952 and 1952-1953 which is open on equal terms and conditions to all Kentucky future farmer members with a sheep project. One thousand dollars ($1,000) shall be used and applied in each of the fiscal years for the payment of premiums for district shows and sales which may be held in Kentucky in each of the fiscal years, 1951-1952 and 1952-1953 which is open on equal terms and conditions to all Kentucky adult sheep raisers in Kentucky. No Kentucky adult sheep raiser may show, exhibit or sell in more than one district show.
  4. Any show, exhibition and sale of sheep to be eligible to receive the aforesaid appropriations must provide that the entries in all classes must be open upon equal terms to all breeders of such sheep in Kentucky. The commissioner shall determine with respect to the aforesaid sheep which shows, exhibitions and sales in each year shall receive assistance and, in making such determination, he may consider such shows, exhibitions and sales as may have been held in Kentucky in any previous year and in any previous two (2) year period.

History. Enact. Acts 1952, ch. 166, §§ 1 to 4.

246.270. Commissioner authorized to receive trust assets of Kentucky Rural Rehabilitation Corporation.

The Commissioner of Agriculture is hereby designated as the state official of the Commonwealth of Kentucky to make application to and receive from the Secretary of Agriculture of the United States, or any other proper federal official, pursuant and subject to the provisions of Public Law 499, 81st Congress, approved May 3, 1950, the trust assets, either funds or property, held by the United States as trustee in behalf of the Kentucky Rural Rehabilitation Corporation.

History. Enact. Acts 1952, ch. 168, § 1.

Compiler’s Notes.

Public Law 499 referred to in this section was compiled as 40 USCS §§ 440-444 and 7 USCS 1001n. 40 USCS §§ 440-444 have been omitted as executed and 7 USCS § 1001 has been repealed.

246.275. Agreements with Secretary of Agriculture of United States for purposes of Bankhead-Jones Farm Tenant Act.

The Commissioner of Agriculture, with the advice of the state Board of Agriculture, is authorized to enter into agreements with the Secretary of Agriculture of the United States pursuant to Section 2(f) of the aforesaid act of the Congress of the United States, upon such terms and conditions and for such periods of time as may be mutually agreeable, authorizing the Secretary of Agriculture of the United States to accept, administer, expend and use in the Commonwealth of Kentucky all or any part of such trust assets, or any other funds of the Commonwealth of Kentucky which may be appropriated for such uses, for carrying out the purposes of Titles I and II of the Bankhead-Jones Farm Tenant Act, in accordance with the applicable provisions of Title IV thereof, as now or hereafter amended, and to do any and all things necessary to effectuate and carry out the purposes of said agreements.

History. Enact. Acts 1952, ch. 168, § 2.

Compiler’s Notes.

“Section 2(f) of the aforesaid act” referred to in this section probably refers to Public Law 499, 81st Congress, referred to in KRS 246.270 , which has been omitted as executed.

The Bankhead-Jones Farm Tenant act referred to in this section was compiled as 7 USCS § 1001-1006, 1006c-1006e, 1007, 1008-1010, 1011, 1012, 1013, 1013a and 1014-1029. Sections 1001-1006, 1006c-1006e, 1007, 1008, 1009, 1013 and 1014-1029 have been repealed.

246.280. Deposit and use of funds and proceeds of Kentucky Rural Rehabilitation Corporation assets.

Funds and the proceeds of the trust assets returned to the Commissioner of Agriculture pursuant to KRS 246.270 which are not retransferred to the Secretary of Agriculture of the United States pursuant to KRS 246.275 , shall be paid into the State Treasury and carried in a separate account for use for such of the rural rehabilitation purposes permissible under the charter of the now dissolved Kentucky Rural Rehabilitation Corporation as may from time to time be agreed upon by the Commissioner and the Secretary of Agriculture of the United States, subject to the applicable provisions of said Public Law 499, or for the purposes of KRS 246.275 .

History. Enact. Acts 1952, ch. 168, § 3.

Compiler’s Notes.

Public Law 499 referred to in this section was compiled as 40 USCS §§ 440-444 and 7 USCS § 1001n. 40 USCS §§ 440-444 have been omitted as executed and 7 USCS § 1001 has been repealed.

246.285. Powers of Commissioner concerning assets of Kentucky Rural Rehabilitation Corporation.

  1. The Commissioner of Agriculture of the State of Kentucky is authorized and empowered to:
    1. Collect, compromise, adjust or cancel claims and obligations arising out of or administered under KRS 246.270 to 246.290 or under any mortgage, lease, contract or agreement entered into or administered pursuant to KRS 246.270 to 246.290 and, if in his judgment, necessary and advisable, pursue the same to final collection in any court having jurisdiction;
    2. Bid for and purchase at any execution, foreclosure or other sale, or otherwise to acquire property upon which the Secretary has a lien by reason of a judgment or execution, or which is pledged, mortgaged, conveyed or which otherwise secures any loan or other indebtedness owing to or acquired by the Secretary under KRS 246.270 to 246.290; and
    3. Accept title to any property so purchased or acquired; to operate or lease such property for such period as may be deemed necessary to protect the investment therein; and to sell or otherwise dispose of such property in a manner consistent with the provisions of KRS 246.270 to 246.290.
  2. The authority herein contained may be delegated to the Secretary of Agriculture of the United States with respect to funds and assets transferred to him pursuant to KRS 246.275 .

History. Enact. Acts 1952, ch. 168, § 4.

246.290. Nonliability of United States and Secretary of Agriculture.

The United States and the Secretary of Agriculture thereof, shall be held free from liability by virtue of the transfer of the assets to the Commissioner of Agriculture of the State of Kentucky pursuant to KRS 246.270 to 246.290 .

History. Enact. Acts 1952, ch. 168, § 5.

246.295. Administrative regulations relating to cervids — Costs resulting from importation of diseased animal.

  1. The Department of Agriculture, in cooperation with the Department of Fish and Wildlife Resources, shall promulgate administrative regulations pertaining to health requirements, eradication of diseases, importation, and unique individual identification, including visual identification tags, of privately owned and farm raised cervids maintained for the production of meat and other products. Nothing in this section shall limit the authority of the Department of Fish and Wildlife Resources to regulate the unique individual identification, including visual identification, of captive cervids that are not privately owned and farm-raised cervids maintained for the production of meat and other products. The Department of Fish and Wildlife Resources in cooperation with the Department of Agriculture, shall promulgate administrative regulations pertaining to the holding of cervids.
  2. If any person imports a diseased animal into the Commonwealth in violation of the statutes and administrative regulations, then that person shall be responsible to the Department of Agriculture and the Department of Fish and Wildlife for all costs incurred in the investigation, response, and eradication of that disease.

History. Enact. Acts 2002, ch. 88, § 2, effective March 28, 2002; 2009, ch. 62, § 6, effective June 25, 2009.

246.300. Transfer of functions relating to egg marketing from department of health to department of agriculture, labor and statistics. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1964, ch. 65, § 1) was repealed by Acts 1966, ch. 255, § 283.

246.310. Kentucky farm development authority — Members — Chairman — Quorum — Meetings — Salary — Regulations — Terms. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 273, § 1) was repealed by Acts 1976, ch. 317, § 3.

246.320. Authority may guarantee loans for purchase of farm lands or buildings — “Farm land” defined — Regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 273, § 2; 1972, ch. 221, § 1; 1974, ch. 58, § 1) was repealed by Acts 1976, ch. 317, § 3.

246.330. Applications for guarantees — Contents. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 273, § 3; 1974, ch. 58, § 2) was repealed by Acts 1976, ch. 317, § 3.

246.340. Copy of mortgage and security agreement to be filed with application. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 273, § 3; 1974, ch. 58, § 3) was repealed by Acts 1976, ch. 317, § 3.

246.350. Applicant to agree to use land for farming purposes only — Authority may release agreement. [Repealed].

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 273, § 5) was repealed by Acts 1976, ch. 317, § 3.

246.360. Authority may employ personnel. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 273, § 6) was repealed by Acts 1976, ch. 317, § 3.

246.370. Letter of guarantee — Funding fee. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 273, § 7; 1972, ch. 221, § 2; 1974, ch. 58, § 4; 1974, ch. 74, Art. II, § 9(2)) was repealed by Acts 1976, ch. 317, § 3.

246.380. Default on guaranteed loan — Procedure. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 273, § 8; 1974, ch. 58, § 5) was repealed by Acts 1976, ch. 317, § 3.

246.390. Release of guaranteed loan paid in full. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 273, § 9; 1974, ch. 58, § 6) was repealed by Acts 1976, ch. 317, § 3.

246.400. No applicant to hold more than one guarantee. [Repealed]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 273, § 10) was repealed by Acts 1976, ch. 317, § 3.

246.410. Farm development loan guarantee fund — Credits — Expenditures. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 273, § 11) was repealed by Acts 1976, ch. 317, § 3.

246.420. Tampering with or sabotaging livestock prohibited — Definitions for section — Applicability of KRS Chapter 512.

  1. No person shall tamper with any livestock.
  2. No person shall sabotage any livestock exhibited at an exhibition.
  3. This section shall not apply to:
    1. Any action taken or activity performed or administered by a licensed veterinarian or in accordance with instructions of a licensed veterinarian if the action or activity was undertaken for accepted medical purposes during the course of a valid veterinarian-client-patient relationship; or
    2. Generally accepted grooming, commercial, or medical practices that are not prohibited by any provision of the Kentucky Revised Statutes or any administrative regulation promulgated thereunder.
  4. As used in this section:
    1. “Tamper” means any of the following:
      1. Treatment of livestock in such a manner that food derived from the livestock would be considered adulterated as defined in KRS 217.025 ;
      2. The injection, use, or administration of any drug that is prohibited under any federal law or law of this state, or any drug that is used in any manner that is not authorized under any federal law or law of this state. Whenever the commissioner of the United States Food and Drug Administration or the secretary of the United States Department of Agriculture, pursuant to the federal Food, Drug, and Cosmetic Act, as amended, or federal Virus-Serum-Toxin Act, as amended, approves, disapproves, or modifies the conditions of the approved use of a drug, the approval, disapproval, or modification shall automatically be effective for the purposes of this section unless the Kentucky Department of Agriculture adopts an administrative regulation to alter, for the purposes of the section, the action taken by the commissioner or secretary. The Kentucky Department of Agriculture may adopt an administrative regulation if the department considers it to be necessary or appropriate for the protection of food safety or the health, safety, or welfare of livestock or to prevent the use of a drug for the purpose of concealing, enhancing, transforming, or changing the true conformation, configuration, or condition of livestock. No administrative regulation shall authorize the use of any drug the use of which is prohibited by, or authorize the use of any drug in a manner not authorized by, the commissioner or secretary under either of those acts;
      3. The injection or other internal or external administration of any product or material, whether gas, solid, or liquid, to livestock for the purpose of concealing, enhancing, transforming, or changing the true conformation, configuration, condition, or age of the livestock or making the livestock appear more sound than it actually is;
      4. The use or administration, for cosmetic purposes, of steroids, growth stimulants, or internal artificial filling, including paraffin, silicone injection, or any other substance;
      5. The use or administration of any drug or feed additive affecting the central nervous system of the livestock;
      6. The use or administration of diuretics for cosmetic purposes; and
      7. The surgical manipulation or removal or tissue so as to change, transform, or enhance the true conformation or configuration of, or to conceal the age of, the livestock.
    2. “Sabotage” means intentionally tampering with any livestock belonging to or owned by another person that has been registered, entered into, or exhibited in any exhibition, or raised with the apparent intent of being entered into an exhibition.
  5. Where a person violates both the provisions of this section and a section of KRS Chapter 512, the person may be prosecuted under the provisions of KRS Chapter 512.

History. Enact. Acts 2004, ch. 141, § 1, effective July 13, 2004.

Compiler’s Notes.

The Food, Drug, and Cosmetic Act and the Virus-Serum-Toxin Act referred to in this section are compiled as 21 USCS § 301 et seq. and 21 USCS § 151 et seq., respectively.

Licensing of Spray Painters

246.510. License required. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 96, § 2) was repealed by Acts 2002, ch. 88, § 13, effective March 28, 2002.

246.520. Rules and regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 96, § 3) was repealed by Acts 2002, ch. 88, § 13, effective March 28, 2002.

246.530. Power of departmental agents. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 96, § 4) was repealed by Acts 2002, ch. 88, § 13, effective March 28, 2002.

246.540. Grounds for suspension or revocation of licenses. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 96, § 5) was repealed by Acts 2002, ch. 88, § 13, effective March 28, 2002.

246.550. Hearing. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 96, § 6) was repealed by Acts 2002, ch. 88, § 13, effective March 28, 2002.

246.560. Notice of revocation, suspension, or refusal to issue license — Appeal — Bond. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 96, § 7) was repealed by Acts 2002, ch. 88, § 13, effective March 28, 2002.

246.570. Change in ownership — Duty of new owner. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 96, § 8) was repealed by Acts 2002, ch. 88, § 13, effective March 28, 2002.

246.580. Exceptions to license requirement. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 96, § 9) was repealed by Acts 2002, ch. 88, § 13, effective March 28, 2002.

246.590. Disposition of fees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 96, § 10) was repealed by Acts 2002, ch. 88, § 13, effective March 28, 2002.

Wild Ginseng Regulation

246.650. Definitions for KRS 246.660

As used in KRS 246.660 , unless the context clearly requires otherwise:

  1. “Harvest” means to take any part of the ginseng plant while the plant is living; and
  2. “Ginseng” means any part of the American ginseng plant known as Panax quinquefolius.

History. Enact. Acts 1982, ch. 415, § 1, effective July 15, 1982; 2011, ch. 15, § 1, effective June 8, 2011.

246.655. Kentucky ginseng fund.

  1. There is hereby established in the State Treasury a separate trust and agency account to be known as the Kentucky ginseng fund to be administered by the Department of Agriculture.
  2. Moneys in this fund shall be used to help administer the ginseng program as provided by KRS 246.660 .
  3. Notwithstanding KRS 45.229 , any moneys remaining in the fund at the close of the fiscal year, including interest, shall not lapse but shall be carried forward into the succeeding fiscal year to be used for the purposes set forth in this section.
  4. The fund may receive gifts, grants, federal funds, and any other funds both public and private.

History. Enact. Acts 2011, ch. 15, § 3, effective June 8, 2011.

246.660. Department to administer program for ginseng — Regulations.

    1. The department shall administer a program for ginseng in Kentucky which provides a framework, including a limited harvesting season, in which ginseng shall be eligible for exportation in compliance with federal requirements.
    2. Information relating to the purchase or sale of ginseng that is furnished to or acquired by the department shall constitute proprietary information and not be subject to public disclosure, except to the extent the department deems necessary in any administrative or judicial proceeding involving the administration or enforcement of its administrative regulations.
    1. The department shall promulgate administrative regulations to carry out this program and may enter into agreements with any other agency of this state, any other state, or the federal government to carry out this program.
    2. The department shall establish licensing requirements for dealers of ginseng.
    3. The department shall promulgate administrative regulations relating to the ginseng program that establish:
      1. A comprehensive set of administrative violations and civil penalties, each not to exceed one thousand dollars ($1,000); and
      2. The procedure for the suspension or revocation of any license or certificate issued by the department.

History. Enact. Acts 1982, ch. 415, § 2, effective July 15, 1982; 2011, ch. 15, § 2, effective June 8, 2011.

Renewable Chemical Production Program

246.700. Renewable Chemical Production Program.

    1. The department shall create and administer the Renewable Chemical Production Program by promulgating administrative regulations under KRS Chapter 13A and authorizing tax credits for that production.
    2. The department may consult with the chemical engineering departments of any university to create and administer the Renewable Chemical Production Program that may best serve this Commonwealth.
    3. The department shall coordinate with the Department of Revenue related to awarding tax credits while remaining within the annual biodiesel, renewable diesel, and renewable chemical production tax credit cap provided in KRS 141.422 .
  1. To be eligible for receiving the renewable chemical production tax credit under KRS 141.4231 , a business shall:
    1. Be physically located in this state;
    2. Operate for profit;
    3. Organize, expand, or locate in this state on or after July 1, 2020;
      1. Create new jobs and retain those jobs for at least four (4) years; or
      2. Invest a substantial amount of new capital in the Commonwealth and maintain that capital for at least four (4) years;
    4. Certify to the department:
      1. That the business:
        1. Has not applied for and will not receive economic development incentives under KRS Chapter 154 for the jobs created or capital investment made under the Renewable Chemical Production Program; and
        2. Is in compliance with all agreements entered into under the Renewable Chemical Production Program or other programs administered by the department; and
      2. The date that the business first qualified as an eligible business;
    5. Not provide professional services, health care services, or medical treatments, or engage in retail operations; and
    6. Not relocate operations from another area of the state or reduce operations in another area of the state while seeking this incentive. To determine whether a project meets the requirement under this paragraph, the department shall:
      1. Consider a project that does not create new jobs or invest a substantial amount of new capital a relocation or reduction in operations; and
      2. Require sufficient data from the business related to jobs created and the amount of substantial capital investment before the business applies for this incentive and for four (4) years following the approval of this incentive to ensure that new jobs or substantial capital investment have occurred and remain productive in this state;
    1. Before being approved for the tax credit permitted by KRS 141.4231 , an eligible business shall enter into an agreement with the department for the successful completion of all requirements of the program.
    2. As part of the agreement, the eligible business shall agree to:
      1. Collect and provide all information required by the department, allowing the department and the Department of Revenue to maintain the annual tax credit cap and to fulfill each of the reporting and compliance obligations under this section and KRS 141.4231 ; and
      2. Agree to allow information about the production of renewable chemicals and the related tax credit to be shared with the Interim Joint Committee on Appropriations and Revenue.
    3. The business shall not receive a tax credit for renewable chemicals produced before the date the business first qualified as an eligible business.
    1. The department may impose a nonrefundable compliance cost fee of five hundred dollars ($500), collected by the department at the time a business applies for participation in the program.
    2. An eligible business shall fulfill all the requirements of the program and the agreement before receiving a tax credit or entering into a subsequent agreement under this section.
    3. The department may decline to enter into a subsequent agreement under this section or award a tax credit if an agreement is not successfully fulfilled.
    1. After the production of renewable chemicals by an eligible business, the business shall apply, in the manner prescribed by the department, for the renewable chemicals production tax credit. The application shall include the following information:
      1. A description of the renewable chemicals produced in this state;
      2. The amount or volume of renewable chemicals produced;
      3. The costs associated with the production of the renewable chemicals;
      4. The amount of gross receipts generated by the sale of the renewable chemicals; and
      5. Any other information required by the department in order to establish and verify eligibility under the program.
    2. The department may accept applications on a continuous basis or may establish, by administrative regulation, an annual application deadline.
  2. Upon establishing that all requirements of the program and the agreement have been fulfilled, the department shall certify the amount of preliminary tax credit for the applicant to the Department of Revenue.
    1. The department shall work with the Department of Revenue to provide all information necessary to ensure compliance with KRS Chapter 141 by the successful tax credit applicant.
    2. On or before December 31, 2020, and on or before each December 31 thereafter, the department shall submit to the Department of Revenue all information received from each eligible business related to the renewable chemical tax credit.
    3. When the Department of Revenue receives the information provided under paragraph (b) of this subsection, the Department of Revenue shall consider the renewable chemical production tax credit applications together with the total amount of approved credit for all biodiesel producers, biodiesel blenders, and renewable diesel producers required in KRS 141.423 .
  3. The Renewable Chemical Production Program shall sunset on December 31, 2024.
    1. Failure to fulfill any requirement of the program or any of the terms and obligations of an agreement entered into under this section by an eligible business shall:
      1. Result in the rescission of the tax credit permitted by KRS 141.4231 by the department; and
      2. Subject the eligible business to the repayment of all tax credits claimed.
    2. Upon the rescission of any tax credit, the department shall report to the Department of Revenue, within thirty (30) days, all information necessary by the Department of Revenue to ensure compliance with KRS Chapter 141.

HISTORY: 2020 ch. 91, § 24, effective April 15, 2020.

Penalties

246.990. Penalties.

  1. Any person who violates subsection (2) of KRS 246.210 , subsection (2) of KRS 246.220 , or subsection (1) of KRS 246.420 shall be fined not less than fifty dollars ($50) nor more than two hundred dollars ($200) for the first offense; he shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and be confined in the county jail for not less than sixty (60) days nor more than one hundred and twenty (120) days, for each subsequent offense.
  2. Any person who violates subsection (3) of KRS 246.220 shall be fined not less than five dollars ($5) nor more than one hundred dollars ($100) or be imprisoned for not more than ten (10) days, or both. Each day’s hindering or refusal of access shall constitute a separate offense.
  3. Any person who violates subsection (4) of KRS 246.220 shall be fined not less than two dollars ($2) nor more than fifty dollars ($50).
  4. Any person who violates subsection (5) of KRS 246.220 shall be fined not less than twenty-five dollars ($25) nor more than one hundred dollars ($100).
  5. Any person who violates subsection (6) of KRS 246.220 shall be fined not less than ten dollars ($10) nor more than fifty dollars ($50).
  6. Any person who violates subsection (7) of KRS 246.220 shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or imprisoned for not more than three (3) months, or both.
  7. Any owner or operator of a dairy plant who shall fail to comply with the provisions of KRS 246.240 or any part thereof shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than one hundred dollars ($100).
    1. Any person who purchases ginseng knowing that the ginseng was taken, acquired, possessed, sold, transported, or purchased in violation of administrative regulations authorized under KRS 246.660 shall be guilty of a Class A misdemeanor.
    2. The Commissioner or any peace officer may seize and take possession of any ginseng taken, acquired, possessed, sold, transported, or purchased by a person committing a violation of administrative regulations authorized under KRS 246.660 . Any ginseng seized in accordance with this paragraph shall be impounded by the arresting officer and shall be taken before the court trying the person arrested.
    3. Upon conviction, the court trying the case shall have the discretion of determining whether any of the ginseng seized under paragraph (b) of this subsection shall be declared contraband. Any ginseng seized under paragraph (b) of this subsection is subject to being declared contraband. If any ginseng is declared contraband, the court shall enter an order accordingly. A copy of the order shall be forwarded to the Commissioner, and the ginseng shall be placed in the custody of the arresting officer, to be delivered to the Commissioner.
    4. The Commissioner may sell, at the highest market price obtainable, with the approval of the Governor and Finance and Administration Cabinet, all contraband ginseng which comes into his or her possession under the order of any court. All proceeds arising from the sale of contraband ginseng shall be paid into the Kentucky ginseng fund established in KRS 246.655 . A record of the sale, including the name of the purchaser and the price paid, shall be kept by the Commissioner.
  8. Any person who violates subsection (2) of KRS 246.420 shall be disqualified from exhibiting at an exhibition for a first offense, and shall be disqualified for up to five (5) years for a second or subsequent offense.

History. 42c-7, 42g-3, 63c-5, 63d-11, 68n-11, 1376b-24, 1719a-11, 4814c-18: amend. Acts 1950, ch. 7, § 4; 1970, ch. 96, § 11; 1982, ch. 310, § 4, effective July 15, 1982; 1994, ch. 261, § 1, effective July 15, 1994; 2002, ch. 88, § 11, effective March 28, 2002; 2004, ch. 141, § 2, effective July 13, 2004; 2011, ch. 15, § 4, effective June 8, 2011.

Opinions of Attorney General.

The state veterinarian and his representatives have the authority and power to proceed to inspect and test cattle, wherever found, for contagious or communicable disease and any person who refuses to permit such inspection or testing will be subject to prosecution under KRS 246.990(2), 257.990(1) or 257.990(10). OAG 60-973 .

Research References and Practice Aids

Cross-References.

Designation of offenses; penalties, see KRS 532.020 .

CHAPTER 247 Promotion of Agriculture and Horticulture

247.010. Definitions for chapter.

As used in this chapter, unless the context requires otherwise:

  1. “Board” means the State Board of Agriculture;
  2. “Commissioner” means Commissioner of Agriculture;
  3. “Department” means the Department of Agriculture; and
  4. “Livestock” means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species.

HISTORY: 2017 ch. 129, § 16, effective June 29, 2017.

Compiler’s Notes.

This section was originally created by the Legislative Research Commission in order to clarify the chapter.

Research References and Practice Aids

Cross-References.

Acquisition and development of public projects by governmental units and agencies, through revenue bonds, KRS ch. 58.

Agriculture department, KRS ch. 246.

Apiaries, KRS ch. 252.

Appointment to boards and commissions, KRS 12.070 .

District cooperative extension service, KRS 164.605 to 164.675 .

Economic development, KRS ch. 154.

Livestock and poultry disease control, KRS ch. 257.

Marketing of agricultural products, KRS ch. 260.

No property exempt from taxation except as provided in Constitution, Const., § 3.

Powers of state property and buildings commission as to acquisition, improvement, use and disposition of real estate, KRS 56.460 .

Premiums, commissioner may expend for, in order to encourage agriculture, KRS 246.070 .

Property exempt from taxation, Const., §§ 170, 171.

Rural land utilization, governor’s cabinet to conduct surveys to determine, KRS 147.070 .

Soil and water conservation, KRS ch. 262.

Stockyards, KRS ch. 261.

Tobacco, KRS ch. 248.

Trees, plants, weeds and pests, KRS ch. 249.

Weights and measures, KRS ch. 363.

247.015. Department authorized to provide space on state property for sale of Kentucky agricultural commodities — Administrative regulations — Applicability.

  1. It is hereby declared to be in the public interest and for the public health and welfare that the State Department of Agriculture shall have the authority to provide space on all state property, in cooperation with the appropriate state agency under whose jurisdiction the said real property falls, for those nonprofit agricultural commodity organizations designated in section 501(c)(5) of the Federal Internal Revenue Code to sell, give away, advertise, or promote Kentucky agricultural commodities.
  2. The department shall, in cooperation with other state agencies, develop administrative regulations to carry out the provisions of subsection (1) of this section, which may include a reasonable fee to be paid by the agricultural organization.
  3. This section shall not apply to existing contracts prior to July 15, 1986, but shall apply to contract renewals and to new contracts after July 15, 1986.

History. Enact. Acts 1986, ch. 460, § 1, effective July 15, 1986.

Compiler’s Notes.

Section 501(c)(5) of the Internal Revenue Code, referred to in this section, is codified as 26 USCS § 501(c)(5).

Experiment Station and Extension Work

247.020. Experiment stations — Substations — Experimental farms.

  1. The College of Agriculture of the University of Kentucky shall constitute the Agricultural Experiment Station.
  2. The experiment station shall operate and direct the substations at Quicksand and Princeton which shall be divisions of the experiment station.
  3. The experiment station may purchase, lease or accept gift of farms for use in its experimentation program.

History. 1822-1, 4636f-3, 4636f-6: amend. Acts 1954, ch. 107, § 1.

Research References and Practice Aids

Cross-References.

Agricultural experiment stations, federal laws, 7 USCS §§ 361a-390d.

Board of agriculture, director of experiment station is member of, KRS 246.120 .

Entomologist to prescribe rules with consent of director of experiment station, KRS 249.030 .

Fertilizers, duty of experiment station in respect to, KRS 250.361 to 250.451 .

University of Kentucky, appointment of officers and employees, KRS 164.220 .

247.025. Purposes of experimental farms.

On experimental farms acquired under the provisions of subsection (3) of KRS 247.020 the agricultural experiment station shall conduct experimentation and demonstrations in the interest of agriculture, horticulture and forestry and the development thereof in the Commonwealth. In addition to the purposes set out in KRS 247.030 experimental farms shall be used to determine the phases of horticulture, forestry and agriculture, including grasslands, hay crops and rotation thereof, and animal husbandry best suited to particular soil belts and areas of the state.

History. Enact. Acts 1954, ch. 107, § 2.

247.030. Functions of experiment station.

  1. The experiment station shall make field experiments in order to ascertain by chemical and physical examination of soils and by direct experiments in laboratory and fields what crops and treatment are best suited to each type of soil, whether the present methods are tending to best results and to the preservation or reduction of fertility, what rotation and treatment will be most effective in retaining productive capacities of the soils of the various sections of the state and discover and demonstrate the best methods of marketing of fruits and vegetables.
  2. It shall conduct investigations calculated to develop the beef, pork and mutton producing interests of the state, and especially feeding experiments intended to demonstrate the most successful combination of stock foods, discovering, if possible, the most economical and successful methods of maintaining animals and fitting them for the market. It shall also conduct pathological investigations and investigate livestock conditions both at home and abroad, in so far as they affect market values.
  3. It shall conduct investigations for the purpose of developing the dairy interests of the state and undertake feeding experiments for production of milk and butter and the rearing of calves. It shall also study contagious diseases for the purpose of finding remedies for those diseases.
  4. It shall conduct investigations for the purpose of developing the horse interests of the state, and study the best methods of feeding and breeding, and diseases.
  5. It shall conduct experiments for the advancement of the poultry interests of the state and the economical production of poultry and eggs, including experiments in breeding for egg production and methods best adapted for hatching and raising of chicks.
  6. It shall bring the scientific knowledge which it obtains concerning agriculture and home economics, to the farm and home by means of personal visitation, correspondence, cooperative demonstrations and experiments and the solution of local problems by station experts visiting the locality and studying the problems of the farm and home.
  7. It shall conduct research and investigations for the purpose of advancing the development of a market for the commercial production of earthworms, including their potential for use in the areas of waste disposal and land reclamation.

History. 4636f-1: amend. Acts 1966, ch. 177; 1980, ch. 362, § 2, effective July 15, 1980.

247.040. Quicksand substation — Functions.

The Quicksand substation shall conduct experimental work and carry on investigations in timber production, forest growth, forest renewal and the utilization of forest products, the practicability of reforestation and the development of a permanent forest industry. It shall also conduct experimental work, investigations and demonstrations in the various phases of horticulture, animal husbandry and agriculture and such other investigations and demonstrations as bear directly upon the development of agriculture in eastern Kentucky.

History. 4636f-4.

247.045. Duties of experiment station concerning control of black shank and other tobacco plant diseases.

The Kentucky Agricultural Experiment Station shall carry on and extend the present program in the field of tobacco breeding, research and education for the control of black shank and other diseases in tobacco. For this purpose there shall be available to the Kentucky agricultural experiment station, such sums as may, from time to time, be appropriated by the General Assembly for the purpose.

History. Enact. Acts 1952, ch. 27, § 1, effective June 19, 1952.

247.050. Princeton substation — Functions.

The Princeton substation shall foster and promote agricultural interests and conduct experimental work, investigations and demonstrations in the various phases of agriculture, horticulture, animal husbandry and such other investigations and demonstrations as bear directly upon the development of the agricultural interests of Kentucky.

History. 4636f-6.

247.060. Horticultural research.

The experiment station through the Princeton and Quicksand substations shall:

  1. Discover and demonstrate the best known methods for the culture, packing and marketing of fruits;
  2. Discover and demonstrate the most effective methods for the prevention and control of diseases and insects affecting fruit crops;
  3. Make or cause to be made studies of the various types of pruning and cultural practices, and a thorough testing of the most promising new and approved varieties of fruits and plants;
  4. Obtain and disseminate scientific and practical findings relating to the subjects mentioned in subsections (1), (2) and (3);
  5. Arrange and promote meetings by which growers of fruits may exchange ideas and receive information relating to improved methods of growing, packing and marketing of fruits, and obtain and provide for outstanding specialists to attend and address such meetings;
  6. Provide for the publication and distribution of bulletins giving the results of scientific and practical studies, of market information, and of such other facts and experiences as may be helpful to producers;
  7. Provide for displaying fruit exhibits for the purpose of advertising the fruit production of the state, when such displays will promote the best interests of development of fruit production in the state; and
  8. Carry on such other investigations and studies as will assist the horticultural interests of the state.

History. 4636m-2.

247.070. University to establish cooperative marketing bureau.

The University of Kentucky shall establish in connection with its agricultural extension work a bureau for fostering cooperative marketing.

History. 4636g-1.

Research References and Practice Aids

Cross-References.

Cooperative marketing associations, KRS 272.101 to 272.345 .

247.080. Boards of education may aid extension work.

County boards of education may appropriate such sums of money out of their annual funds as in their wisdom are necessary to aid in carrying on extension work in agriculture and home economics in their respective counties, in connection with the University of Kentucky.

History. 4636g-2; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 610, effective July 13, 1990.

NOTES TO DECISIONS

1.County Agent.

County agent, for whom salary is appropriated under this section, is not a necessary county officer, and county may not become indebted in making such appropriation in violation of Ky. Const., § 157. Carman v. Hickman County, 185 Ky. 630 , 215 S.W. 408, 1919 Ky. LEXIS 351 ( Ky. 1919 ); Knott County v. Michael, 264 Ky. 36 , 94 S.W.2d 44, 1936 Ky. LEXIS 271 ( Ky. 1936 ).

County farm agent is not such a necessary county officer as to authorize his employment where to do so would carry county indebtedness beyond limit fixed by Ky. Const., § 157. Adair County Farm Bureau v. Fiscal Court of Adair County, 263 Ky. 23 , 91 S.W.2d 537, 1936 Ky. LEXIS 122 ( Ky. 1936 ).

County agent, for whom a salary is appropriated under this section, is agent of university but not agent of county and appropriations for such purpose must be made from “annual” funds of county. Knott County v. Michael, 264 Ky. 36 , 94 S.W.2d 44, 1936 Ky. LEXIS 271 ( Ky. 1936 ).

2.Extension Work.

Appropriations for extension work in agriculture and home economics are not authorized under this section unless the work is done jointly or in connection with University of Kentucky. Jefferson County ex rel. Grauman v. Jefferson County Fiscal Court, 269 Ky. 444 , 107 S.W.2d 320, 1937 Ky. LEXIS 625 ( Ky. 1937 ).

Opinions of Attorney General.

Appropriations for extension work under KRS 247.300 and this section shall not exceed the current revenues as provided in Ky. Const., §§ 157 and 158. OAG 63-494 .

If adequate funds were available, there would be no liability on the part of the members of the fiscal court for appropriating funds for extension work under this section in excess of the maximum specified in KRS 247.300 (2). OAG 63-494 .

The appropriation for extension work under KRS 247.300 is mandatory; any appropriation under this section is permissive. OAG 63-494 .

The limit of the appropriation by the fiscal court of a county under KRS 247.300 (1) and (2) is $5,000 per year, but under this section, the court may appropriate additional funds of the county out of their annual funds as may be necessary for extension work in agriculture and home economics. OAG 63-494 .

A fiscal court has no statutory authority to appropriate money out of its annual funds toward the purchase of land to be used as a county fairground. OAG 63-643 .

The county agent is not an employee or official of the county. OAG 70-110 .

The purchase of land by a county through its fiscal court for the purpose of leasing the same to the 4-H Association of the county who in turn would sublet the property to the United States department of agriculture would not be within the powers of the fiscal court under KRS 67.080(2), nor under this section which provides that the court may aid extension work in agriculture in connection with the University of Kentucky, nor under KRS 247.300 authorizing the fiscal court to appropriate money for the farm bureau but not for the purchase and lease of property under the subject arrangement and the subject purposes. OAG 72-53 .

Where a fiscal court considered a motion to employ a full time 4-H agent and such motion was defeated, the fiscal court, in dealing with this legislative function of appropriation, could reconsider at another meeting the matter of making an appropriation for the 4-H agent employment. OAG 77-515 .

247.085. Research and extension program for improvement of dairy cattle through artificial insemination.

In addition to the other experiments carried on by the University of Kentucky at Lexington, Kentucky, the College of Agriculture of the University of Kentucky shall do research and supervise the extension program for the improvement of dairy cattle of the State of Kentucky, through the wide distribution of superior germ plasma of carefully chosen dairy cattle bulls in cooperation with the artificial breeding associations located in the State of Kentucky and to provide for developing improved methods of carrying on the work of artificial breeding and to train master technicians.

History. Enact. Acts 1946, ch. 6, § 1.

247.086. Seed stocks or foundation seeds — Program for development of.

The Kentucky agricultural experiment station shall carry on and extend the present program for development of improved crop varieties, acting through and in cooperation with Kentucky Seed Stocks, Inc., in the production, supplying, furnishing and distribution of seed stocks or foundation seeds. For this purpose there shall be available to the Kentucky agricultural experiment station such sums as may, from time to time, be appropriated by the general assembly for the purpose.

History. Enact. Acts 1950, ch. 36, § 1.

Research References and Practice Aids

Cross-References.

Agricultural seeds, KRS 250.010 , 250.021 to 250.111 .

247.087. Research and development program concerning forage-crop breeding and grassland farming.

The program of the Kentucky Agricultural Experiment Station in the field of forage-crop breeding and research in the development of grassland farming is recognized and established. Such program shall be continued and extended, especially in the establishment and maintenance of good pastures. For this purpose there shall be available to the Kentucky Agricultural Experiment Station such sums as may, from time to time, be appropriated for the purpose by the General Assembly.

History. Enact. Acts 1954, ch. 118, § 1, effective June 17, 1954.

247.088. Assessment of effect of agricultural practices upon groundwater resources.

The College of Agriculture of the University of Kentucky, through the agricultural experiment station and the cooperative extension service shall assess the effect of agricultural practices upon groundwater resources, establish basic and applied research programs to determine agricultural management practices which may be necessary to protect groundwater resources, and establish and implement an educational program to encourage the use of agricultural practices which conserve, maintain, and improve soil productivity and to assure protection of groundwater. The college shall seek the cooperation of the Division of Conservation within the Energy and Environment Cabinet, the Kentucky Farm Bureau, and other organizations in implementing the educational program.

History. Enact. Acts 1990, ch. 307, § 2, effective July 13, 1990; 2010, ch. 24, § 600, effective July 15, 2010.

Fairs

247.090. State fair board — Membership — Vacancies — State Fair Board not subject to reorganization under KRS Chapter 12.

  1. The State Fair Board shall be composed of sixteen (16) voting members and five (5) ex officio, nonvoting members, as follows:
    1. The Governor or his or her designee;
    2. The Commissioner of Agriculture or his or her designee;
    3. The President of the Senate or his or her designee, who shall serve as an ex officio, nonvoting member for the duration of his or her service as President of the Senate;
    4. The Speaker of the House of Representatives or his or her designee, who shall serve as an ex officio, nonvoting member for the duration of his or her service as Speaker of the House of Representatives;
    5. The secretary of the Finance and Administration Cabinet or his or her designee, who shall serve as an ex officio, nonvoting member for the duration of his or her service as secretary of the cabinet. The secretary shall provide additional financial expertise to the Kentucky State Fair Board, with no resulting personnel impact, fiscal impact, nor expense to Kentucky state government;
    6. The dean of the University of Kentucky College of Agriculture, Food and Environment or his or her designee;
    7. Four (4) members appointed by the Governor from the state at large with due consideration to geographical distribution throughout the state;
    8. Three (3) members appointed by the Commissioner of Agriculture from the state at large who are involved with, or experienced in, agriculture or agriculture-related businesses;
    9. One (1) member appointed by the Commissioner of Agriculture from a list of six (6) nominees that are representative of all segments of animal agriculture provided by trade organizations and commodity groups that may include but not be limited to the Kentucky Cattlemen’s Association, Kentucky Dairy Development Council, Kentucky Livestock Improvement Association, Kentucky Pork Producers Association, Kentucky Poultry Federation, and Kentucky Sheep and Goat Development Office;
    10. One (1) member appointed by the Commissioner of Agriculture from a list of six (6) nominees that are representative of all segments of crop or plant production provided by trade organizations or commodity groups that may include but not be limited to Kentucky Corn Growers Association, Kentucky Grape and Wine Council, Kentucky Horticulture Council, Kentucky Small Grain Growers Association, and Kentucky Soybean Association;
    11. One (1) member appointed by the Commissioner of Agriculture from a list of six (6) nominees submitted by the governing body of the American Saddlebred Horse Association;
    12. One (1) member appointed by the Commissioner of Agriculture from a list of six (6) nominees provided by the Kentucky Farm Bureau Federation;
    13. One (1) member appointed by the Commissioner of Agriculture from a list of six (6) nominees provided by the Kentucky Association of Fairs and Horse Shows;
    14. One (1) member appointed by the Governor from a list of six (6) nominees provided by the Louisville Convention and Visitors Bureau representing the hospitality and tourism industry;
    15. The state president of the Kentucky FFA Association, who shall serve as an ex officio, nonvoting member for the duration of his or her term as student leader of the association; and
    16. The state president of the Kentucky 4-H Organization, who shall serve as an ex officio, nonvoting member for the duration of his or her term as student leader of the organization.
  2. The terms of the members of the board appointed by the Commissioner of Agriculture or the Governor, respectively, shall be staggered terms and shall be subject to confirmation as provided in KRS 11.160(2). Members of the board shall be appointed to a term of four (4) years and shall serve until their successors are duly appointed and qualified. Members of the board shall be appointed to no more than three (3) terms that began on or after March 29, 2021. Terms that began prior to March 29, 2021, shall not count toward the term limits established by this subsection. As the terms of each group of members expire, the Commissioner of Agriculture or the Governor, as the case may be, shall appoint successors for terms of four (4) years and until their successors are appointed and qualify. The initial appointments of the members designated in subsection (1)(g) and (h) of this section shall be for staggered terms, as follows:
    1. Pursuant to subsection (1)(g) of this section, the Governor shall appoint one (1) at-large member in 2022, one (1) at-large member in 2023, and two (2) at-large members in 2024 to replace or reappoint current members whose terms expire in each of these years;
    2. Pursuant to subsection 1(h) of this section, the Commissioner of Agriculture shall appoint one (1) at-large member in 2021, one (1) at-large member in 2022, and one (1) at-large member in 2023 to replace or reappoint current members whose terms expire in each of these years;
    3. On March 29, 2021 and pursuant to subsection (1)(h) of this section, the Commissioner of Agriculture shall appoint one (1) at-large member to serve a one (1) year term in order to establish the number of voting members as required by this section; and
    4. Those members whose terms expire in 2021 shall be appointed by the Commissioner of Agriculture.

      It is the intention of the General Assembly that the political affiliation of the appointed members shall be as evenly divided as possible between the two (2) political parties polling the largest number of votes in the state at general elections.

  3. In case of a vacancy among the appointed members of the board, the unexpired term shall be filled pursuant to the requirements and procedures for original appointments.
  4. The State Fair Board shall not be subject to reorganization under KRS Chapter 12.

History. 4618i-2: amend. Acts 1946, ch. 80, § 1; 1948, ch. 22, § 4; 1948, ch. 62; 1958, ch. 141; 1972, ch. 321, § 1; 1976, ch. 192, § 1; 1982, ch. 454, § 1, effective July 15, 1982; 1994, ch. 486, § 33, effective July 15, 1994; 2016 ch. 142, § 1, effective April 27, 2016; 2017 ch. 9, § 1, effective June 29, 2017; 2021 ch. 163, § 2, effective March 29, 2021.

Compiler’s Notes.

The provisions of subsection (1) of this section which authorize the Speaker of the House of Representatives and the President Pro Tempore of the Senate to appoint members to the State Fair Board were declared invalid in Legislative Research Comm’n ex rel. Prather v. Brown, 664 S.W.2d 907 ( Ky. 1984 ).

The 1994 amendment to this section deleted “Pro Tempore” following “by the President”.

NOTES TO DECISIONS

1.Constitutionality.

The power to appoint members of boards and agencies within the executive department of government is an essentially executive power which cannot be exercised by any member of the legislative department; accordingly, the provisions in this section by which the Speaker of the House of Representatives and the President Pro Tem of the Senate are authorized to make appointments to the State Fair Board are an invalid unconstitutional incursion by the General Assembly, or in this case, its designees, into the separation of powers doctrine. Legislative Research Com. by Prather v. Brown, 664 S.W.2d 907, 1984 Ky. LEXIS 300 ( Ky. 1984 ).

2.Effective Date.

The 1946 act amending the statutes relating to the state fair became effective as an act at the time prescribed by Ky. Const., § 55, regardless of fact that new state fair board provided for by act would not be completely organized until three and one-half years later; therefore, the provision of the 1946 act creating the position of manager of the state fair became effective when the act took effect, and was not postponed until time of organization of new board. Taylor v. Commonwealth, 305 Ky. 75 , 202 S.W.2d 992, 1947 Ky. LEXIS 758 ( Ky. 1947 ).

Research References and Practice Aids

Cross-References.

Bond of members of fair board, amount and conditions, KRS 62.160 , 62.180 .

Kentucky Law Journal.

Harris, The Governmental Corporation in Kentucky, II. 29 Ky. L.J. 286 (1941).

Snyder and Irland, The Separation of Governmental Powers Under the Constitution of Kentucky: A Legal and Historical Analysis of L.R.C. v. Brown, 73 Ky. L.J. 165 (1984-85).

247.100. Definition — Corporate powers of State Fair Board — Minutes and records of meetings — Legislative intent — Transfer of records, files, and documents to board.

  1. As used in this section, “solely for administrative purposes” means those limited functions and purposes expressly requested by the State Fair Board to be performed by the Tourism, Arts and Heritage Cabinet. The State Fair Board shall have sole discretion as to which functions shall be deemed necessary for the efficient operation of the State Fair Board and the properties in its custody and control.
  2. The State Fair Board shall be a body corporate with full corporate powers. The General Assembly hereby recognizes and reaffirms that the operations of the State Fair Board and the operation of its facilities are unique activities for state government and that an independent corporate structure is best to enable the State Fair Board to be managed in an entrepreneurial and business-like manner. The State Fair Board shall be an independent, de jure municipal corporation and political subdivision of the Commonwealth of Kentucky, which shall be a public body corporate and politic. The State Fair Board shall be deemed a public agency within the meaning of KRS 61.805 and 61.870 . The State Fair Board shall be attached to the Tourism, Arts and Heritage Cabinet solely for administrative purposes.
  3. Full minutes and records shall be kept of all meetings of the board and all official actions of the board shall be recorded therein, and such minutes and records shall constitute public records and be available at all reasonable times for public inspection.
  4. It is the intent of the General Assembly that the State Fair Board shall be accountable to the Governor, the Commissioner of Agriculture, the General Assembly, and the people of the Commonwealth through a system of audits, reports, and thorough financial disclosures.
  5. On March 29, 2021, any records, files, or documents associated with functions previously performed by the Tourism, Arts and Heritage Cabinet, but for which it is no longer deemed responsible, shall be transferred to the State Fair Board.

History. 4618i-2, 4618i-6: amend. Acts 1946, ch. 80, § 2; 1950, ch. 217, § 1; 2016 ch. 142, § 2, effective April 27, 2016; 2021 ch. 163, § 3, effective March 29, 2021.

Research References and Practice Aids

ALR

Validity and construction of contract exempting agricultural fair or similar bailee from liability for articles delivered for exhibition. 69 A.L.R.3d 1025.

247.110. Officers of State Fair Board — Meetings — Bylaws — Establishment and authority of executive committee.

  1. The members of the State Fair Board shall select a chair and vice chair from among the voting membership, effective on March 29, 2021. The chair and vice chair shall serve in that capacity for one (1) year and shall be eligible for reelection. The chair shall preside at all meetings and shall have all of the powers and privileges of the other members. The vice chair shall preside in the absence of the chair at all meetings and shall have all the powers and privileges of the other members.
  2. The board shall meet monthly, a minimum of ten (10) months per year. A majority of the voting members of the board shall constitute a quorum for the transaction of business.
  3. The board shall adopt bylaws for the regulation of its affairs and the conduct of its business and to prescribe rules, regulations, and policies in connection with the performance of its function and duties.
  4. The board shall elect and employ a secretary who shall be responsible directly to the board as the keeper of all records pertaining to the operation of the fair or the business of the board. The president and chief executive officer provided for in KRS 247.130 shall be ex officio treasurer to the board.
  5. The board as set out in the bylaws adopted under subsection (3) of this section may establish an executive committee from among its membership with full authority to act between its meetings to the extent delegated by the board.

History. 4618i-4: amend. Acts 1946, ch. 80, § 3; 1950, ch. 12; 1990, ch. 485, § 1, effective July 13, 1990; 2016 ch. 142, § 3, effective April 27, 2016; 2021 ch. 163, § 4, effective March 29, 2021.

Research References and Practice Aids

Cross-References.

Appointment to boards and commissions, KRS 12.070 .

Bonds of state officers, KRS 62.160 to 62.190 .

247.120. Compensation of members.

Members of the board, including the state president of the Kentucky FFA Association and the state president of the Kentucky 4-H Organization, shall receive one hundred dollars ($100) per day for each meeting attended, and shall be reimbursed for all reasonable and necessary expenses paid or incurred in the discharge of official business.

History. 4618i-3: amend. Acts 1956, ch. 86; 1978, ch. 154, § 28, effective June 17, 1978; 1990, ch. 130, § 1, effective July 13, 1990; 2016 ch. 142, § 4, effective April 27, 2016.

247.130. President — Administrative divisions — Employees and agents — Contracts with management corporation.

  1. The State Fair Board shall have the sole authority to employ or contract with a president who shall not be one of their number. The president shall be the chief executive officer for the board. The employment or contract of a president shall be on the basis of training, ability, and experience. A president shall hold his position during the pleasure of the board, but may be removed only by an affirmative vote of a majority of the members of the board and upon thirty (30) days written notice. A president shall be responsible for the administration of the policies set by the board and shall devote his entire time and attention to the performance of such duties and work as may be required of him by law or be assigned to him by the board. The board shall determine the term, conditions, and compensation of its president, provided such term does not exceed four (4) years.
  2. The president shall have the authority to organize such administrative divisions as may be necessary and may designate chiefs of such divisions who, under his control and supervision, shall have the duties of direction of such divisions. The president shall organize a Division for Personnel Management and Staff Development which shall manage all personnel matters, including staff development and training and programs for affirmative action. The director of this division shall be appointed by the president, and said appointment shall be subject to confirmation by the board. The president shall employ such other employees and agents as he deems necessary for the carrying out of the policies of the board and to conduct the affairs of the State Fair, and shall fix the duties and compensation of any employees or agents with the approval of the board.
  3. The board shall have the sole authority to employ or contract with such other persons, firms, or corporations as the board may deem necessary or desirable to accomplish its duties and functions; shall fix the compensation and the terms of employment or contract of those employed or contracted with; and may assign to them such duties and responsibilities as the board may determine, including the responsibility of actual operation of any or all of the facilities under the control of the board.
  4. The president and any persons employed under this section shall not be subject to the provisions of KRS Chapter 18A.

History. 4618i-4: amend. Acts 1946, ch. 27, § 48; 1946, ch. 80, § 4; 1950, ch. 17, § 2; 1952, ch. 156, § 1; 1958, ch. 126, § 32; 1984, ch. 271, § 1, effective July 13, 1984; 1990, ch. 485, § 2, effective July 13, 1990; 1990, ch. 509, § 1, effective July 13, 1990; 2021 ch. 163, § 5, effective March 29, 2021.

Legislative Research Commission Notes.

(7/13/90) This section was amended by two 1990 Acts which conflict and cannot be compiled together. Pursuant to KRS 446.250 , the later enactment prevails.

Opinions of Attorney General.

Members of the International Society for Krishna Consciousness would have the right to attend the state fair and to engage in conversation with consenting patrons and to solicit contributions, but the fair board has the power to restrict the activities to a time, place and manner consistent with the use of the property for a fair. OAG 77-476 .

Research References and Practice Aids

Cross-References.

Appointment to boards and commissions, KRS 12.070 .

Bonds of state officers, KRS 62.160 to 62.190 .

1.Effective Date.

The 1946 act amending the statutes relating to the state fair became effective as an act at the time prescribed by Ky. Const., § 55, regardless of fact that new state fair board provided for by act would not be completely organized until three and one-half years later; therefore, the provision of the 1946 act creating the position of manager of the state fair became effective when the act took effect, and was not postponed until time of organization of new board. Taylor v. Commonwealth, 305 Ky. 75 , 202 S.W.2d 992, 1947 Ky. LEXIS 758 ( Ky. 1947 ).

247.140. Functions of fair board.

  1. The State Fair Board:
    1. Shall have the custody and control of such property as now is under its custody and control, and of such property as may hereafter be placed under its control or transferred to it by the State Property and Buildings Commission, for any purposes mentioned in this section and the physical properties so under its custody and control or transferred to it are hereinafter referred to in this section, and in KRS 247.150 and 247.160 , as the “state fairgrounds and an area in a city of the first class to be used as an exhibition center”;
    2. May erect and repair buildings on the state fairgrounds and exhibition center, make any and all necessary or proper improvements, and generally carry on a program of development and extension of facilities designed to accomplish the objectives defined in this section;
    3. Shall promote the progress of the state and stimulate public interest in the advantages and development of the state by providing the facilities of the state fairgrounds for agricultural and industrial exhibitions, public gatherings, cultural activities, and other functions calculated to advance the educational, physical, and cultural interests of the public and by providing the facilities of the exhibition center for conventions, trade shows, public gatherings, and other functions calculated to advance and enhance the visitor industry, economy, entertainment, cultural and educational interests of the public;
    4. Shall hold an annual fair on the state fairgrounds, for the exhibition of agricultural, mechanical, horticultural, dairy, forestry, poultry, livestock, mineral, and all other industrial interests of the state, and prepare premium lists and establish rules of exhibition for the fair;
    5. May purchase liability insurance for the members and executive officers exempted from the classified service of the state by KRS 18A.115 ; and
    6. Shall operate shows and expositions that include but are not limited to the North American International Livestock Exposition, Kentucky State Fair and World’s Championship Horse Show, and National Farm Machinery Show.
  2. The State Fair Board may take, acquire and hold property, and all interest therein, by deed, gift, devise, bequest, lease, or eminent domain, or by transfer from the State Property and Buildings Commission, and may dispose of any property so acquired in the manner provided by law. In the exercise of its power of eminent domain it shall proceed in the manner provided in the Eminent Domain Act of Kentucky.

History. 4618i-5: amend. Acts 1944, ch. 65; 1946, ch. 80, § 5; 1950, ch. 217, § 3; 1974, ch. 154, § 1; 1976, ch. 140, § 96; 1980, ch. 133, § 1, effective July 15, 1980; 1982, ch. 448, § 70, effective July 15, 1982; 1984, ch. 404, § 35, effective July 13, 1984; 2016 ch. 142, § 5, effective April 27, 2016.

Compiler’s Notes.

The Eminent Domain Act of Kentucky, referred to in subdivision (2), is compiled as KRS 416.540 to 416.680 .

NOTES TO DECISIONS

Cited:

Hargett v. Kentucky State Fair Bd., 309 Ky. 132 , 216 S.W.2d 912, 1949 Ky. LEXIS 647 ( Ky. 1949 ); Kentucky State Fair Board v. Fowler, 310 Ky. 607 , 221 S.W.2d 435, 1949 Ky. LEXIS 973 ( Ky. 1949 ); Lehman v. Matthews, 343 S.W.2d 133, 1961 Ky. LEXIS 406 ( Ky. 1961 ).

Opinions of Attorney General.

Members of the Kentucky state fair board and/or staff can be held personally liable under a negligence theory of law for accidents that occur at a facility under the state fair board’s control; moreover, without an enabling statute, no public funds can be expended to purchase liability insurance to cover the board members and staff. OAG 80-107 (decision prior to the 1980 amendment which added subdivision (1)(e) to this section.)

Research References and Practice Aids

Cross-References.

Powers of state property and buildings commission as to acquisition, improvement, use and disposition of real estate, KRS 56.460 .

247.145. Administrative regulations for operation, maintenance, or use of state fair property — Posting — Penalty for violation.

  1. The state fair board in governing the operation, maintenance, or use of property under its custody and control is authorized to promulgate such reasonable and lawful administrative regulations, as provided in KRS Chapter 13A, as are necessary:
    1. To maintain decency and good order;
    2. To protect the peace or safety of the general public;
    3. To protect the public interest, convenience, or necessity; or
    4. To govern the operation, maintenance, or use of property under its custody and control.
  2. All administrative regulations promulgated by the state fair board shall be printed and posted at not less than three (3) public places on the property under its custody and control.
  3. All persons using, occupying or going upon any property under the custody and control of the state fair board shall comply with all administrative regulations promulgated by it.

History. Enact. Acts 1968, ch. 124, § 1(1) to (3); 1970, ch. 254, § 1; 2021 ch. 163, § 6, effective March 29, 2021.

Research References and Practice Aids

ALR

Liability of owner or operator for injury to patron of fair, carnival, or the like, from operation of sideshows, games, or similar concessions. 24 A.L.R.3d 945.

247.147. State Fair Board’s procurement procedures — Administrative regulations.

  1. The State Fair Board shall:
    1. Conduct all procurements necessary for the performance of its duties in accordance with KRS Chapter 45A and this chapter, provided that this chapter, controls in the event that, and to the extent that, any provision in this chapter is expressly inconsistent with any provision of KRS Chapter 45A; or
    2. Promulgate administrative regulations pursuant to KRS Chapter 13A establishing its procurement procedures.
  2. If the State Fair Board elects to promulgate administrative regulations establishing its procurement procedures rather than conduct procurements in accordance with KRS Chapter 45A, the State Fair Board may include sections of KRS Chapter 45A as part of its administrative regulations and shall require review of personal service contracts, tax incentive agreements, and memorandum of agreements by the Government Contract Review Committee as established by KRS 45A.705 .
  3. Procurements for personal service contracts shall not be subject to the requirements of KRS 45A.695(2)(b), due to the unique operational activities conducted for state government by the State Fair Board as recognized in this chapter.
  4. The State Fair Board’s procurement procedures or administrative regulations shall be designed to provide for the purchase of supplies, equipment, services, and construction items that provide the greatest long-term benefit to the state, the greatest integrity for the State Fair Board, and the best service and products for the public.
  5. In its bidding and negotiation processes, the State Fair Board may:
    1. Perform its own bidding and procurement;
    2. Utilize the services of the Finance and Administration Cabinet; or
    3. Utilize a combination thereof.
  6. The president and chief executive officer of the State Fair Board may, in lieu of the secretary of the Finance and Administration Cabinet, declare an emergency for purchasing purposes.

HISTORY: 2021 ch. 163, § 1, effective March 29, 2021.

247.150. Policing of fairgrounds and exhibition center.

The State Fair Board may arrange with the county judge/executive or the officer that has charge of the police force of any county or city in which the state fair is held, for the proper policing of the state fairgrounds, and may arrange with the state for the policing of the state fairgrounds by the Department of Kentucky State Police. The State Fair Board may arrange with the mayor or the officer that has charge of the police force of any county or city in which the exhibition center is located for the proper policing of the exhibition center, and may arrange with the state for the policing of the exhibition center by the Department of Kentucky State Police. If the State Fair Board is unable to arrange with a city, county, or state authority for police protection, it may appoint, or may delegate to any agent or employee the power to appoint, subject to the approval of the State Fair Board, necessary special police to properly police the state fairgrounds and exhibition center. Such police officers are vested with the powers and charged with the duties of peace officers.

History. 4618i-6: amend. Acts 1974, ch. 154, § 2; 1976 (Ex. Sess.), ch. 20, § 6, effective January 2, 1978; 2007, ch. 85, § 275, effective June 26, 2007.

247.153. Motor vehicle speed limits on fairgrounds property.

  1. The State Fair Board is authorized to establish by resolution speed limits governing the operation of motor vehicles on state fairgrounds property.
  2. Notice to the public of any speed limits thus established shall be given by signs or markings.

History. Enact. Acts 1966, ch. 163, § 1 (1) and (2).

247.154. Traffic control regulations on state fairgrounds.

  1. The State Fair Board is authorized to establish speed limits and other traffic control regulations governing the operation and parking of vehicles on state fairgrounds property, including, without limitation, regulations with respect to the removal, impounding, and release of vehicles parked or standing in violation of any regulation established pursuant to this subsection (1).
  2. Notice to the public of any speed limits or other traffic control regulations thus established shall be given by signs or markings.

History. Enact. Acts 1968, ch. 123, § 1(1), (2).

247.155. Gambling devices or games of chance not to be operated — Exception.

It shall be unlawful for any person to open, cause to be opened, carry on, conduct or operate as owner, proprietor or employee any gambling device or game of chance within the confines of the grounds of the Kentucky State Fair. Any person who violates any provision of this section shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500) for each offense. Each day in which a gambling device or game of chance is so operated shall be considered a separate offense. This section shall not apply to the sale of lottery tickets sold under the provisions of KRS Chapter 154A.

History. Enact. Acts 1944, ch. 118, § 1; 1988 (Ex. Sess.), ch. 1, § 27, effective December 15, 1988.

Legislative Research Commission Note.

Although references to the sale of “shares” were deleted in the Senate committee substitute, due to a clerical error, such reference was not deleted in the 1988 (Ex. Sess.) amendment of this section. The Reviser of Statutes, pursuant to KRS 7.136 , has removed the words “or shares” to conform.

NOTES TO DECISIONS

1.Time Prohibited.

Statute entitled “An act relating to operation of games of chance and gambling devices at the state fair,” was construed to prohibit gambling on the state fair grounds only at such times as the state fair was in progress, as against the contention that the prohibition applied to the state fair grounds at all times; the latter construction would violate Ky. Const., § 51. Kentucky State Fair Board v. Fowler, 310 Ky. 607 , 221 S.W.2d 435, 1949 Ky. LEXIS 973 ( Ky. 1949 ).

Research References and Practice Aids

Cross-References.

General prohibition against operation of gambling devices, KRS 528.010 to 528.100 .

Treatises

Caldwell’s Kentucky Form Book, 5th Ed., Practice Context for Gaming Law, § 351.00.

247.160. State Fair Board to have exclusive control of all operations and events occurring upon fairgrounds, exhibit center, and any other property under the board’s custody and control — Exception — Lien on property — Sale to satisfy lien.

  1. The State Fair Board shall have exclusive control of all operations and events occurring upon the state fairgrounds and exhibition center and any other properties under the custody and control of the State Fair Board, including but not limited to concessions, exhibitions, shows, facility rental, property development, entertainments, and attractions at any place on the state fairgrounds and exhibition center and may, in the discretion of the board, operate any or all of such concessions, exhibitions, shows, entertainments and attractions, but the board shall not allow the operation of any gambling device or game of chance therein. It may delegate such control or operation to any of its employees or agents, or to an executive committee. This section shall not apply to the sale of lottery tickets sold under the provisions of KRS Chapter 154A.
  2. The State Fair Board shall have a prior lien upon the property of any concessionaire, exhibitor, lessee, or person, immediately upon its coming or being brought on the grounds, or the center, to secure existing or future indebtedness.
  3. Any designated employee or agent of the State Fair Board may sell the property to satisfy the indebtedness after giving ten (10) days’ notice to the owner or agent of the owner or, if notice cannot be given to the owner, after a notice is posted for ten (10) days in the office of the State Fair Board on the grounds, announcing that the property is to be sold. The State Fair Board, through its designated agent, may bid and buy in the property offered for sale for the use and benefit of the State Fair.

History. 4618i-9: amend. Acts 1944, ch. 118, § 2; 1952, ch. 156, § 4; 1974, ch. 154, § 3; 1988 (Ex. Sess.), ch. 1, § 28, effective December 15, 1988; 2021 ch. 163, § 7, effective March 29, 2021.

Legislative Research Commission Notes.

Although references to the sale of “shares” were deleted in the Senate committee substitute, due to a clerical error, such reference was not deleted in subsection (1) of this section. The Reviser of Statutes, pursuant to KRS 7.136 , has removed the words “or shares” to conform.

NOTES TO DECISIONS

1.Application.

This section and KRS 247.155 apply only when the state fair is in progress. Kentucky State Fair Board v. Fowler, 310 Ky. 607 , 221 S.W.2d 435, 1949 Ky. LEXIS 973 ( Ky. 1949 ).

2.Leasing of Concessions.

Subsection (2) of this section clearly shows that the exclusive control referred to in subsection (1) of this section is not such as would be interfered with by the mere leasing of concessions. Kentucky State Fair Board v. Fowler, 310 Ky. 607 , 221 S.W.2d 435, 1949 Ky. LEXIS 973 ( Ky. 1949 ).

Cited:

Hargett v. Kentucky State Fair Bd., 309 Ky. 132 , 216 S.W.2d 912, 1949 Ky. LEXIS 647 ( Ky. 1949 ).

247.165. Exemption of operations on state fairgrounds, exhibition center, and any other properties under the custody and control of the State Fair Board.

None of the provisions of KRS Chapter 137 and none of the provisions of KRS 91.200 shall apply to any operations on state fairgrounds, the exhibition center, or any other properties under the custody and control of the State Fair Board wherein the State Fair Board shares in the receipts and proceeds of such operations.

History. Enact. Acts 1952, ch. 156, § 3; 1974, ch. 154, § 4; 2021 ch. 163, § 8, effective March 29, 2021.

Research References and Practice Aids

ALR

Exemption from taxation of property of agricultural fair society or association. 89 A.L.R.2d 1104.

247.170. Appropriations for premiums.

The sum appropriated by the General Assembly for premiums alone shall be paid to the State Fair Board and be disbursed by its agent as a petty cash fund in accordance with the provisions of KRS 45A.650 .

History. 4618i-11: amend. Acts 1952, ch. 179; 1954, ch. 30; 1966, ch. 255, § 219; 1990, ch. 496, § 58, effective July 13, 1990.

Compiler’s Notes.

Former subsection (2) of this section was repealed by Acts 1952, ch. 179.

247.180. Revenue bonds.

  1. The State Fair Board is authorized and empowered to issue and sell negotiable revenue bonds in denominations and in an amount or amounts as may be deemed by the board to be for the best interest of the Commonwealth, for any of the following purposes:
    1. To acquire real estate to be devoted to a revenue-producing use.
    2. To pay all or any part of the expense or cost of or incidental to a building project.
    3. To defray the cost of plans, specifications, blue prints, architectural fees and other expenses authorized to be incurred under the terms of KRS 247.130 and 247.140 .
  2. Any revenue bonds so issued shall bear interest at a rate or rates or method of determining rates, payable at least, as the State Fair Board determines and shall become due and payable not more than forty (40) years from the date of issuance. The payment of the bonds, together with the interest thereon, may be secured by a pledge and a first lien on all the receipts and revenue derived or to be derived, from any physical property under the control of the board. Neither the payment of any bond, nor the interest on the bond, issued under the authority of this section, shall constitute an indebtedness of the Commonwealth of Kentucky or of the State Fair Board, nor shall any bond or interest on the bond be payable out of any fund except any funds as may be derived from rentals or other revenues derived from the operation of the properties or from revenues as may have been, or may be, available for a purpose or purposes, by law.
  3. All bonds which may be issued by the board under the provisions of this section shall be sold to the highest bidder after having been advertised by publication pursuant to KRS Chapter 424, and by other advertising as the board may prescribe if it finds additional advertising is necessary.
  4. All competitive bids for the sale of the revenue bonds shall be opened and read publicly by the board or its representative at a designated place, day, and hour, all of which shall be announced in the advertising.
  5. Except as otherwise specifically provided in this section, the board is vested with all of the rights, powers, and duties set forth and enumerated under KRS Chapter 58.
  6. In the event the board issues and sells revenue bonds for a building project as authorized in KRS 247.140 and this section, it may carry insurance, including fire and windstorm, casualty, catastrophe, use and occupancy, and other insurance as the board may deem advisable in connection with the building project, and may obligate and bind itself in a trust indenture securing the payment of bonds. Any insurance shall be paid for out of the funds available for the project.
  7. All money from the sale of revenue bonds shall be paid to the State Treasurer and shall be held by him as a special trust fund to be designated as directed by the board, and no part shall be withdrawn from the State Treasury except for the purposes authorized by this section, together with the cost incidental to the issuing and selling of the bonds and other directly related expenses. The board may likewise provide in any trust indenture securing revenue bonds for additional terms and conditions, or for other restrictions not in conflict with this section.

History. 4618j-1, 4618j-3: amend. Acts 1950, ch. 217, § 4; 1966, ch. 239, § 176; 1996, ch. 274, § 57, effective July 15, 1996.

Research References and Practice Aids

Cross-References.

Acquisition and development of public projects by governmental units and agencies, through revenue bonds, KRS ch. 58.

No property exempt from taxation except as provided in Constitution, Ky. Const., § 3.

Property exempt from taxation, Ky. Const., §§ 170, 171.

Kentucky Law Journal.

The Government Corporation in Kentucky, II. 20 Ky. L.J. 286 (1941).

247.190. Revenues of State Fair Board, use and disposition of — Deposit of funds — Accounting and report — Board empowered to receive tax revenues from any governmental unit and financial contributions from others, as specified.

  1. All revenues derived by the State Fair Board from the use of properties and facilities under its custody and control shall be used exclusively for the purpose of defraying the expenses of the board, the cost of the management and operation of such properties and facilities, the payment of interest and principal upon any indebtedness incurred by the board for such properties and facilities, the creation of adequate reserves for the repair and replacement thereof, and for the financing of further extensions, improvements, and additions thereto. Included in the cost of operation may be such promotional activities as the State Fair Board may determine upon as calculated to stimulate and increase the use and the revenues of such facilities, and to increase and stimulate the interest and usefulness of the State Fair. Any surplus revenues remaining after full provision for the above purposes shall be used to reduce the admission fees and charges to the public for attendance upon the State Fair and for public use by the citizens of the Commonwealth of the facilities of the State Fair Board, and shall on no account be appropriated to any other agency or function.
  2. The State Fair Board shall generally cause its funds to be deposited in the State Treasurer’s office, to be withdrawn on appropriate vouchers approved by the board, but may create special accounts in other depositories for the purpose of securing the prompt payment of interest and principal on any of its bonded indebtedness if in the judgment of the board, or, if as determined by competitive bids, the creation of such special accounts and depositories is advantageous and economical to the board.
  3. The State Fair Board may receive tax revenues from any governmental unit and financial contributions from local governments, private persons, or foundations.
  4. An annual accounting of the funds of the state fair board shall be made by the Auditor of Public Accounts and reported to the Governor and the Legislative Research Commission for the benefit of Governor and the General Assembly.

History. 4618j-4: amend. Acts 1950, ch. 217, § 5; 2021 ch. 163, § 9, effective March 29, 2021.

Research References and Practice Aids

Cross-References.

Auditor of public accounts, KRS ch. 43.

247.200. Free passes prohibited. [Repealed]

History. 4618i-7; repealed by 2016 ch. 142, § 9, effective April 27, 2016.

Compiler's Notes.

This section (Enact. 4618i-7, effective October 1, 1942) was repealed by Acts 2016, ch. 142, § 9, effective April 27, 2016.

247.210. Fair board member or department official not to be exhibitor.

No member of the State Fair Board or any official of any department shall be an exhibitor in competition for premium or prize money at any State Fair held while he is a member of the State Fair Board or an official of any department.

History. 4618i-8.

247.220. Grant of funds to local fairs for premiums and facilities — Fair Council — Meetings — Members.

  1. The Commissioner of Agriculture shall make grants of state funds to qualified local agricultural fairs on a matching basis, to be used by them to pay premium awards for exhibits and displays of domestic livestock, poultry, harness horse racing, other horse events, and agricultural products. The premiums actually awarded shall conform to those appearing on the premium list issued by the fair.
  2. The state may provide funds for use in the establishment of new facilities and improvement of existing facilities for use in conducting events at local agricultural fairs as provided by this section. No grant for buildings shall be made until the local fair board has complied with the local fair program and qualified for the state grant as provided in subsection (5) of this section. Grants for facilities shall be made under regulations promulgated by the Fair Council and the Commissioner of Agriculture. In no event shall the allocation for facilities result in a decrease in the number of approved agricultural classes or premiums.
  3. There shall be a Fair Council in the Department of Agriculture. The council shall act in an advisory capacity to the Commissioner in all matters pertaining to the administration of the department’s fair program. It shall be called into session when there are matters for its consideration. It shall meet at least twice each calendar year at Frankfort or at any other place that may be determined.
    1. The council shall be composed of:
      1. The Commissioner, or the Commissioner’s designee, as chairman;
      2. The Presidents or their designated representatives of the following state groups:
        1. Kentucky Farm Bureau Federation;
        2. Kentucky Association of Fairs and Horse Shows, Inc.;
        3. Kentucky Horse Racing Commission;
        4. American Saddlebred Horse Association; and
        5. Kentucky Walking Horse Association;
      3. The Agricultural Education Consultant of the Kentucky Department of Education;
      4. The dean of the University of Kentucky College of Agriculture, Food and Environment, or the dean’s designee;
      5. The co-chairs of the Interim Joint Committee on Agriculture; and
      6. Two (2) representatives appointed by the Commissioner who are experienced in showing livestock or animal agriculture.
    2. The Commissioner may, with the concurrence of a majority of the members of the council, appoint additional members to the council.
  4. To qualify for a grant of state funds, a fair shall meet standards set by the Commissioner and his advisory council whose approval may be given only if the fair:
    1. Provides in its bylaws for holding an annual fair running for at least three (3) days;
    2. Presents, through the medium of youth organizations such as 4-H clubs, Future Farmers of America, and other similar organizations, an educational program concerning the production and marketing of the livestock, poultry, and horse industries;
    3. Complies with all administrative regulations which the Department of Agriculture is hereby authorized to promulgate; and
    4. Appoints one (1) or more members to its fair board from local livestock associations, horsemen’s associations, and county farm bureaus, and selects one (1) or more county extension agents and vocational agriculture teachers for counties served by the fair as members of the board. Wherever local livestock associations, horsemen’s associations, and farm bureaus are in existence, appointees are to be nominated to the fair board by these organizations. Where fairs serve an area, appointments may be made from all counties within the particular area. It shall be the responsibility of the appointees to aid in establishing premium lists and planning agricultural exhibits.
  5. Any fair receiving a grant of state funds shall file with the director of the Shows and Fairs Division in the Department of Agriculture, by December 1 of the year in which the grant is received, satisfactory proof that all state premium awards have been paid and a certified notarized financial report submitted by the treasurer of the local fair association.

History. 39-1, 39-2: amend. Acts 1962, ch. 241; 1968, ch. 93, § 1; 1970, ch. 315, § 1; 1976, ch. 317, § 1; 2002, ch. 49, § 2, effective July 15, 2002; 2010, ch. 135, § 5, effective July 15, 2010; 2016 ch. 142, § 6, effective April 27, 2016; 2018 ch. 3, § 3, effective July 14, 2018; 2022 ch. 215, § 1, effective July 14, 2022.

247.226. North American International Livestock Exposition Executive Committee.

There is created the North American International Livestock Exposition Executive Committee which shall be attached for administrative purposes to the North American International Livestock Exposition Branch within the Division of Expositions within the State Fair Board. The committee members shall receive no salary but shall be reimbursed for their expenses incurred in the performance of their duties in accordance with state regulations and such expenses shall be paid from agency receipts.

History. Enact. Acts 1986, ch. 61, § 1, effective July 15, 1986; 1990, ch. 485, § 3, effective July 13, 1990; 2009, ch. 14, § 2, effective June 25, 2009; 2016 ch. 142, § 7, effective April 27, 2016.

247.228. Advisory subcommittees — Membership.

The North American International Livestock Exposition Executive Committee shall have advisory subcommittees which shall provide advice and recommendations to the committee regarding exposition matters. These subcommittees shall be inclusive of all livestock approved to participate at the North American International Livestock Exposition. Members shall be experienced or knowledgeable in skills which would assist in the management of the Exposition.

History. Enact. Acts 1986, ch. 61, § 2, effective July 15, 1986; 2016 ch. 142, § 8, effective April 27, 2016.

247.230. Regulations as to premiums; payment. [Repealed.]

Compiler’s Notes.

This section (39-3) was repealed by Acts 1962, ch. 241, § 3.

Amusement Rides and Attractions

247.232. Definitions for KRS 247.232 to 247.236.

As used in KRS 247.232 to 247.236 :

    1. “Amusement ride or attraction” means:
      1. Any mechanized device or combination of devices which carry passengers along, around, or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement; or
      2. Any building or structure around, over, or through which people may walk, climb, slide, jump, or move that provides amusement, pleasure, thrills, or excitement.
    2. Unless designated by administrative regulation promulgated by the department, “amusement ride or attraction” does not include:
      1. Coin-operated amusement devices;
      2. Devices regulated by the Federal Aviation Administration, the Kentucky Transportation Cabinet, or the federal railroad commission;
      3. Vessels under the jurisdiction of the United States Coast Guard or the Kentucky Department of Fish and Wildlife Resources;
      4. Tractor pulls;
      5. Auto or motorcycle events;
      6. Horse shows, rodeos, and other animal shows;
      7. Games and concessions; or
      8. Nonmechanical playground equipment, such as swings, seesaws, slides less than fifteen (15) feet in height at their highest point, rider-propelled merry-go-rounds, stationary spring-mounted animal devices, and physical fitness equipment.

        The department may, by administrative regulation, designate other rides and attractions that are not included in the definition of “amusement ride or attraction”;

  1. “ASTM Standard” means the latest standards and specifications as set forth by the American Society for Testing and Materials;
  2. “Department ” means the Kentucky Department of Agriculture;
  3. “Operator” means a person sixteen (16) years of age or older who has been properly trained to operate amusement rides and attractions, has knowledge of the manufacturer’s recommendations for the operation of the rides and attractions, and knows the safety-based limitations of the rides and attractions; and
  4. “Owner” means any person or authorized agent of the person who owns an amusement ride or attraction or, in the event the ride or attraction is leased, the lessee.

History. Enact. Acts 1984, ch. 386, § 1, effective July 13, 1984; 1986, ch. 356, § 1, effective April 9, 1986; 1998, ch. 23, § 15, effective July 15, 1998; 2000, ch. 417, § 10, effective December 1, 2000; 2002, ch. 268, § 1, effective July 15, 2002; 2003, ch. 28, § 1, effective March 10, 2003; 2006, ch. 252, Pt. XXVI, § 1, effective January 1, 2007; 2008, ch. 116, § 1, effective July 15, 2008; 2019 ch. 94, § 1, effective June 27, 2019; 2022 ch. 80, § 1, effective July 14, 2022.

Legislative Research Commission Notes.

(6/27/2019). Under the authority of KRS 7.136(1), the Reviser of Statutes has changed the internal numbering of this statute to place definitions in alphabetical order. No words were changed in this process.

247.233. Occurrence involving amusement ride or attraction resulting in death, certain injuries, or damage affecting future safe operation — Investigation — Administrative violations and civil penalties.

  1. The owner of any amusement ride or attraction shall, within twelve (12) hours, notify the department of any occurrence involving an amusement ride or attraction if the occurrence results in:
    1. Death;
    2. Injury to a person, where:
      1. The owner knows or reasonably should know that the injury was caused by the amusement ride or attraction; and
      2. The owner knows or reasonably should know that the injury required medical treatment other than first aid; or
    3. Damage to an amusement ride or attraction that affects the future safe operation of the ride or attraction. Reporting is not required in the case of normal wear and tear.
  2. The department shall, after notification of an occurrence described in subsection (1) of this section, make a complete and thorough investigation of the occurrence. The report of the investigation shall be placed on file in the department and shall give in detail all facts and information available. The owner may submit results of investigations independent of the department’s investigation for inclusion in the file.
  3. No person, following an occurrence described in subsection (1) of this section, shall:
    1. Operate or move the amusement ride or attraction without the approval of the department, unless necessary to prevent injury to a person; or
    2. Remove from the premises any damaged or undamaged part of the amusement ride or attraction or attempt to repair any damaged part before the department has completed its investigation. The department shall initiate its investigation within twelve (12) hours of being notified.
  4. The department may:
    1. Conduct hearings;
    2. Administratively subpoena and examine under oath persons whose activities are subject to KRS 247.232 to 247.236 ;
    3. Issue administrative subpoenas and examine the business records, books, and accounts of persons whose activities are subject to KRS 247.232 to 247.236 ; and
    4. Request any other information necessary to assist the department in properly performing the department’s duties.
  5. The department shall have control of any incident scene involving an amusement ride or attraction if there has been an occurrence described in subsection (1) of this section. The department shall remain in control of the scene until the department completes its investigation and releases the scene. The department shall have access within twelve (12) hours to all documents or records pertaining to the amusement ride or attraction.
    1. The department shall promulgate administrative regulations relating to amusement rides and attractions that establish:
      1. A comprehensive set of administrative violations and civil penalties not to exceed ten thousand dollars ($10,000); and
      2. The procedure for the suspension or revocation of any business identification number, license, or other certificate issued by the department.
    2. No owner of an amusement ride or attraction shall remove the amusement ride or attraction from the state before paying all civil penalties imposed under this subsection.

History. Enact. Acts 2008, ch. 116, § 4, effective July 15, 2008; 2015 ch. 106, § 1, effective June 24, 2015; 2019 ch. 94, § 2, effective June 27, 2019; 2022 ch. 80, § 2, effective July 14, 2022.

247.234. Business required to register — Fee — Permit required to operate — Liability insurance — Inspections — Injunction — Pre-opening inspections — Unpaid civil penalties to remain in effect and on record.

  1. Every owner of an amusement ride or attraction business shall register the business with the department annually.
  2. The business registration required by subsection (1) of this section shall be valid until December 31 of the calendar year in which the registration is filed and shall be issued upon payment of a registration fee, in accordance with administrative regulations promulgated by the department.
    1. No amusement ride or attraction shall be operated in this state without a permit issued by the department to the owner of the amusement ride or attraction. The permit shall be kept on site during the operation of the amusement ride or attraction and viewable upon request.
    2. A permit shall be issued to each owner to operate the permitted amusement ride or attraction in this state. A permit fee, which shall be determined by administrative regulations promulgated by the department, shall be levied for each amusement ride or attraction permit issued.
    3. The registrant shall furnish proof of liability insurance in effect on the operation of each amusement ride or attraction providing coverage, with an insurer authorized to issue a policy in this state, in the amount of not less than one million dollars ($1,000,000) due to all bodily injuries or deaths per occurrence, or in lieu thereof, if the applicant’s amusement ride or amusement attraction is one that is permanently located or erected on a site in this state, the applicant shall be required only to provide proof of financial responsibility in the sum of one million dollars ($1,000,000). Every insurance carrier of these policies shall notify the department at least thirty (30) days prior to cancellation of a policy for mobile amusement rides or attractions and at least ten (10) days prior to cancellation of a policy for permanent amusement rides or attractions.
    4. In addition to proof of adequate insurance coverage, the applicant shall furnish any other information the department may require, including but not limited to written notice of each intended operating site to be received by the department at least fourteen (14) days prior to operation at that site. In cases of emergency, notice of a change in future plans may be given to the department by telephone.
    5. The department shall require an inspection of each amusement ride or attraction before it may be operated in this state. Inspections performed by department employees shall be subject to a fee based on the complexity of the amusement ride or attraction and shall not be less than ten dollars ($10) or more than five hundred dollars ($500). The cost of all inspections performed by department employees shall be paid by the owner of the amusement ride or attraction and may be prepaid, but shall be paid no later than the day of the inspection. The department shall designate persons qualified by education or experience, who are capable of determining amusement safety in accordance with administrative regulations promulgated under KRS 247.232 to 247.236 , as amusement safety inspectors. Any person who is not an employee of the department and who is designated as an amusement safety inspector shall register with the department and pay an annual registration fee, which shall be determined by administrative regulations promulgated by the department.
    6. A Kentucky permit seal shall be affixed to every individual amusement ride or attraction, or other location as determined by the department, before it may be operated in this state.
    1. In addition to the inspection required in subsection (3)(e) of this section, the department may inspect amusement rides and attractions without notice at any time while operating in this state. There shall not be any charge for additional inspections in which safety violations are not found. In regard to situations in which safety violations are found, the department may charge an inspection fee not to exceed five hundred dollars ($500) for any future inspection necessary. The corrections of these safety violations shall comply with accepted standards of safety, and shall be accomplished prior to operating the equipment in this state.
    2. In regard to situations in which safety violations are found that cannot be corrected immediately, the amusement ride or attraction shall cease to operate in this state by order of the amusement safety inspector. In addition, the amusement safety inspector shall conspicuously post a public notice on or near the amusement ride or attraction. The notice shall adequately inform the public of the safety violation present.
    3. Any owner who continues to operate an amusement ride or attraction after an order to cease operation has been issued shall have his or her business registration suspended and the amusement ride or attraction permit revoked, and may be subject to further penalties provided in KRS 247.233 . In addition, the county attorney of each county and the department are hereby authorized to seek an injunction against the owner or operator of any amusement ride or attraction being operated in violation of KRS 247.232 to 247.236 .
    4. Revenue generated by this section and KRS 247.233 shall be used for the implementation and administration of KRS 247.232 to 247.236 ; the balance, if any, shall not lapse but shall be carried forward to the next fiscal year.
    1. An owner of an amusement ride or attraction shall:
      1. Conduct a pre-opening inspection and test of the ride or attraction prior to admitting the public each day the ride or attraction is intended to be used; and
      2. Maintain for at least the previous twelve (12) months a signed record of the required pre-opening inspections and tests and any other pertinent information as required by the department.
    2. The department may revoke the registration of any owner who fails to conduct the required pre-opening inspections and tests or to maintain the required reports.
  3. All unpaid civil penalties assessed upon a person for violations of KRS 247.232 to 247.236 shall remain in effect and shall permanently remain on record with the department regardless of whether the person:
    1. Operates amusement rides or attractions under his or her name, another name, an assumed name, or as a sole proprietorship;
    2. Is employed by another person operating amusement rides individually, as a sole proprietorship, or as part of a partnership or corporation; or
    3. Operates amusement rides or attractions as a member of a partnership or corporation.

History. Enact. Acts 1984, ch. 386, § 2, effective July 13, 1984; 1986, ch. 356, § 2, effective April 9, 1986; 1988, ch. 151, § 1, effective July 15, 1988; 2002, ch. 268, § 2, effective July 15, 2002; 2006, ch. 252, Pt. XXVI, § 2, effective January 1, 2007; 2008, ch. 116, § 2, effective July 15, 2008; 2013, ch. 5, § 1, effective June 25, 2013; 2022 ch. 80, § 3, effective July 14, 2022.

247.235. Temporary amusement rides and attractions — License required — Sanctions.

    1. Every person that operates a for-profit business that provides temporary amusement rides or amusement attractions that are within the same county as, or are within a five (5) mile radius of, a public fair or exposition that is sanctioned by the Department of Agriculture and is operated by a public fair association shall, before beginning operation, pay a license fee of two thousand dollars ($2,000) per day of operation to the fiscal court of the county in which the temporary amusement rides or amusement attractions are located.
    2. The provisions of paragraph (a) of this subsection shall not apply to temporary amusement rides or amusement attractions that:
      1. Operate in connection with the sanctioned public fair or exposition;
      2. Operate at a public fair or exposition that is in a contiguous county, is sanctioned by the Department of Agriculture, and is under the authority of a public fair association;
      3. Operate under the authority of a religious or educational organization;
      4. Operate more than thirty (30) days before or seven (7) days after the sanctioned public fair or exposition;
      5. Are clown acts, local festivals, or amusement or entertainment shows with six (6) or fewer kiddie rides; or
      6. Operated as a nonprofit or charitable organization in this state before March 10, 2003.
  1. Collection and enforcement for payment of the license fee shall be the sole responsibility of the law enforcement entity acting on behalf of and at the direction of the fiscal court in which the temporary amusement rides or amusement attractions are located.
  2. Failure to pay the license fee upon request of the law enforcement entity shall result in the cessation of operation of the amusement rides or amusement attractions by the operator.

History. Enact. Acts 2003, ch. 28, § 2, effective March 10, 2003.

247.2351. Operation and maintenance of amusement rides and attractions — Required submission of service manuals and records — Administrative regulations.

  1. All amusement rides and attractions shall be operated and maintained according to the most stringent specifications and recommendations of:
    1. The manufacturer’s specifications and recommendations;
    2. The most recent National Electrical Code and National Fire Protection Association codes and standards; or
    3. Any other applicable state or federal laws.
  2. The department shall promulgate administrative regulations relating to the use of replacement parts for amusement rides and attractions.
  3. Amusement ride and attraction owners shall provide the department with the most recent manuals, service bulletins, or service and inspection records upon request by a department inspector. If any of these items are not immediately available to an inspector, the inspector may issue a stop operation order or postpone the application process until the materials are made available. Any department inspector may issue a stop operation order if the inspector finds that the provisions of the manuals or service bulletins are not being followed.
  4. The department may promulgate administrative regulations relating to amusement rides and attractions in accordance with the latest ASTM standards.

History. Enact. Acts 2008, ch. 116, § 5, effective July 15, 2008.

247.2353. Requirements for patrons of amusement rides and attractions — Penalties — Exceptions — Display of penalties.

  1. All patrons of amusement rides or attractions shall:
    1. Obey all signage posted in conspicuous locations, including but not limited to warning signs, instruction signs, and directional signs pertaining to the amusement rides or attractions;
    2. Obey all verbal instructions from amusement ride or attraction operators; and
    3. Maintain all safety devices, including but not limited to seat belts, restraint bars, and harnesses in accordance with all instructions from operators and posted signage.
  2. All patrons of amusement rides or attractions shall refrain from:
    1. Engaging in any activity that may cause bodily harm or death;
    2. Interfering in any manner with the normal operation of the amusement ride or attraction;
    3. Disconnecting or disabling any safety device at any time unless at the express instruction of the operator;
    4. Extending arms or legs beyond the seating area unless at the express instruction of the operator;
    5. Throwing, dropping, or otherwise expelling any object from any amusement ride or attraction;
    6. Embarking on or disembarking from any amusement ride or attraction except at the designated time and area or at the direction of the operator;
    7. Unreasonably controlling the speed or direction of any amusement ride or attraction that requires a passenger to control or direct any part of the amusement ride or attraction; or
    8. Boarding or attempting to board any amusement ride or attraction if he or she is under the influence of alcohol or any controlled substance as defined in KRS 218A.010 .
  3. Any person who violates the provisions of this section shall, upon request of the owner of the amusement ride or attraction, leave the premises on which the amusement ride or attraction is located without a refund of any admission charges or entrance fees.
  4. Any person who violates subsection (1) or (2) of this section and does not comply with a request to leave under subsection (3) of this section shall be guilty of criminal trespass in the second degree.
  5. Subsections (1) to (4) of this section shall not apply to any individual who, due to the following conditions, is not capable of understanding the posted rules or oral instructions:
    1. Blind or visually impaired as defined in KRS 61.980 ;
    2. Deaf or hard of hearing as defined in KRS 61.980 ; or
    3. Developmental disability as defined in KRS 387.510 .
  6. Any owner of an amusement ride or attraction shall conspicuously display the penalties for violations of this section near each amusement ride or attraction.

HISTORY: 2019 ch. 41, § 1, effective June 27, 2019.

247.236. Operation and construction of amusement rides and attractions — Prohibitions on operation — Entrance to amusement ride or attraction may be denied.

  1. Amusement rides and attractions shall not be operated at unsafe speeds or loaded beyond a safe capacity in accordance with the factory specifications or, in the absence of factory specifications, in accordance with administrative regulations promulgated by the department.
  2. Amusement rides and attractions shall not be operated during periods of high wind, lightning, or heavy rain.
  3. Perimeter safety barriers such as a fence or other suitable structure shall be constructed around any amusement ride or attraction that is potentially hazardous to bystanders, in accordance with administrative regulations promulgated by the department.
  4. Amusement rides and attractions shall not be operated if the owner or operator knows or should know that the operation will expose the public to an unsafe condition which is likely to result in personal injury or property damage.
    1. No person under the age of sixteen (16) shall operate an amusement ride or attraction or operate more than one (1) ride or attraction at a time. Except as provided by paragraph (c) of this subsection, an operator shall be in attendance at all times while a ride or attraction is in operation.
    2. No person shall operate an amusement ride or attraction or knowingly permit an operator to operate an amusement ride or attraction while under the influence of alcohol or any other impairing substance.
    3. The department may, by administrative regulation, designate certain amusement rides or attractions where the presence of an operator is not required.
  5. The owner or operator may deny any person entrance to an amusement ride or attraction if the owner or operator has reason to believe the entry may jeopardize the safety of the person desiring entry, other riders, or any other person.

History. Enact. Acts 1984, ch. 386, § 3, effective July 13, 1984; 2008, ch. 116, § 3, effective July 15, 2008; 2019 ch. 94, § 3, effective June 27, 2019; 2022 ch. 80, § 4, effective July 14, 2022.

Aerial Recreational Facilities

247.238. Aerial recreational facilities — Administrative regulations — Administration fund.

  1. As used in this section:
    1. “ACCT standard” means the latest standards and specifications as set forth by the Association for Challenge Course Technology;
      1. “Aerial recreational device” means a device that provides for a unit of human activity, including but not limited to devices to simulate rock climbing, beams, bridges, cable traverses, climbing walls, nets, platforms, ropes, swings, towers, zip lines, or jump systems that are installed on or in trees, poles, portable structures, buildings, or that are part of a self-supporting structure.
      2. Unless designated by administrative regulation promulgated by the Commissioner, “aerial recreational device” does not include nonmechanical playground equipment, such as swings, seesaws, slides less than fifteen (15) feet in height at their highest point, rider-propelled merry-go-rounds, stationary spring-mounted animal devices, and physical fitness equipment.
      3. The Commissioner may, by administrative regulation, designate other devices that are not included in the definition of “aerial recreational device”;
    2. “Aerial recreational facility” means a commercial or educational facility, including those offering canopy tours or zip line tours, consisting of one (1) or more aerial recreational devices;
    3. “ASTM standard” shall have the same meaning as in KRS 247.232 ;
    4. “Canopy tour” means a guided aerial exploration or transit of the forest canopy, most commonly by means of a series of one (1) or more aerial recreational devices; and
    5. “Zip line tour” means a guided aerial exploration or transit of a landscape by means of a series of zip lines and platforms.
  2. The department shall promulgate administrative regulations, pursuant to KRS Chapter 13A, necessary to establish requirements and standards recognized by the department for the operation and regulation of aerial recreational devices, aerial recreational facilities, canopy tours, and zip line tours in the state.
  3. In establishing the requirements and standards for the operation and regulation of aerial recreational facilities in the state, the department may:
    1. Rely on applicable ACCT or ASTM standards or other accepted industry standards; and
    2. Provide for acceptance of third-party inspections and investigations of aerial recreational facilities.
  4. The department may assess reasonable fees for the administration of any aerial recreational facility regulatory requirements.
  5. The department shall promulgate administrative regulations relating to aerial recreational devices, aerial recreational facilities, canopy tours, and zip line tours that establish a comprehensive set of administrative violations, administrative sanctions, and civil penalties not to exceed ten thousand dollars ($10,000).
    1. All administrative fees and proceeds from civil penalties collected by the department under this section shall be deposited in the fund established in paragraph (b) of this subsection for the use of the department in enforcing the provisions of this section.
    2. The aerial recreational facilities administration fund is hereby created as a separate trust fund in the State Treasury. The aerial recreational facilities administration fund shall consist of amounts deposited in the fund under paragraph (a) of this subsection, as well as amounts received from appropriations and any other proceeds from gifts, grants, federal funds, or any other funds, both public and private, made available for the purposes of this section.
    3. Notwithstanding KRS 45.229 , aerial recreational facilities administration fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward into the next fiscal year.
    4. Any interest earnings of the aerial recreational facilities administration fund shall become a part of the aerial recreational facilities administration fund and shall not lapse.
    5. Moneys deposited in the fund are hereby appropriated for the purposes set forth in this section and shall not be appropriated or transferred by the General Assembly for any other purposes.

HISTORY: 2016 ch. 37, § 1, effective July 15, 2016.

Farm Bureaus

247.240. County farm bureaus authorized.

  1. A farm bureau may be incorporated in each county.
  2. Farm bureaus may acquire, by gift or purchase, real and personal property and may exercise all powers necessary or convenient to successfully carry out the objects of farm bureaus.
  3. Farm bureau corporations shall not declare dividends.

History. 42d-1, 42d-5, 42d-8.

NOTES TO DECISIONS

Cited:

Allen County Fiscal Court v. Allen County Farm Bureau, 298 Ky. 220 , 182 S.W.2d 660, 1944 Ky. LEXIS 877 ( Ky. 1944 ).

Opinions of Attorney General.

The limit of the appropriation by the fiscal court of a county under KRS 247.300(1) and (2) is $5,000 per year, but under KRS 247.080 , the court may appropriate additional funds of the county out of their annual funds as may be necessary for extension work in agriculture and home economics. OAG 63-494 .

247.250. Articles of incorporation.

The articles of incorporation of a farm bureau shall be as follows:

“We, the undersigned farmers or landowners, residents of County, Kentucky, hereby adopt the following articles of incorporation: “Article 1. The objects of this incorporation shall be to advance and improve in County, Kentucky, the science and art of agriculture, home economics, horticulture and animal industry, cooperating with the State Department of Agriculture, the College of Agriculture of the University of Kentucky and the United States Department of Agriculture. “Article 2. The name of this corporation shall be the County Farm Bureau of County, Kentucky. “Article 3. The affairs of this corporation shall be conducted by a president, a vice president, a secretary and a treasurer, who shall perform the duties usually pertaining to such positions, and by a board of directors of not less than seven members. All officers and directors shall be elected as provided for in the bylaws at an annual meeting and they shall hold office for one year and until their successors are elected, but, so that the terms of all directors shall not expire at the same time, the members, by bylaw or resolution, may provide that at one annual election that the term of half the number of directors, or if there be an uneven number, that the term of one less than the majority or the term of a majority of one, elected at said election, shall be for one year, and the term of the remaining directors elected at said election shall be for two years, and that all elections for directors, after the expiration of the aforesaid specific terms, shall be for two years. We, the said incorporators, have elected the following provisional officers to hold their respective positions until their successors are elected at the annual meeting in the year 19 President Vice President Secretary Secretary Board of Directors: 1. 2. 3. 4. 5. 6. 7. “Article 4. The date of the annual meeting shall be stated in the bylaws. The bylaws shall be adopted by the members of the corporation and may be amended at any annual meeting of the members. “Article 5. The yearly dues of the members of this corporation shall be not less than five dollars, payable at the time that application for membership is made and by or on the same date annually thereafter. No member who has once paid dues shall forfeit membership until subsequent dues are sixty days in arrears, but so long as any dues owing are unpaid, such member shall have no right to vote in any election or on any matter. “Article 6. Any citizen of the county owning or operating a farm, or evidencing a primary interest in farming by reason of his position or occupation may become a member of the corporation by paying one year’s dues and complying with the articles of incorporation and bylaws. “Article 7. This corporation shall endure until terminated by operation of law.”

Click to view

History. 42d-2: amend. Acts 1952, ch. 157, § 1.

Legislative Research Commission Note.

(12/28/99). The signature lines in Article 3 of this statute have been altered under KRS 7.136 to restore the original format of the 1942 version of the statute. The 1952 amendment mistakenly omitted to include the phrase “Board of Directors,” and this omission, given the text of the statute was a manifest clerical or typographical error.

Research References and Practice Aids

Cross-References.

Kentucky Business Corporation Act, KRS ch. 271B.

247.251. Existing bureaus not required to reincorporate.

Any county farm bureau heretofore incorporated, pursuant to KRS 247.250 , prior to June 19, 1952, shall not be required to reincorporate, but its articles of incorporation shall be construed as having been amended to incorporate therein the amendment to KRS 247.250 .

History. Enact. Acts 1952, ch. 157, § 2, effective June 19, 1952.

247.260. No recording fee — No salary for officers.

  1. The articles of incorporation of a farm bureau shall be recorded by the county clerk without a fee of any kind.
  2. No salary shall be paid to the president, vice president or any director.

History. 42d-6, 42d-7.

247.270. Treasurer.

  1. The treasurer of the farm bureau shall give bond, with security, the amount of which shall be fixed by the board of directors at double the amount of money likely to come into his hands. The bond shall be filed with the county clerk and be recorded without fee. In no case shall the bond of the treasurer be less than one thousand dollars ($1,000).
  2. The treasurer shall receive all funds belonging to the farm bureau and all appropriations made by the fiscal court. He shall pay out the funds of the farm bureau only on bills allowed by the board of directors or by the executive committee of the board of directors. The allowance shall be certified to by the president or secretary.
  3. No treasurer shall in any manner convert the funds or property of a farm bureau to his own use or pay out or dispose of the same in any manner different than as directed by KRS 247.240 to 247.320 .

History. 42d-9, 42d-13, 42d-15.

NOTES TO DECISIONS

1.Judgment Debt.

This section does not bar the payment of a debt that was ordered to be paid by the judgment of a court that had jurisdiction. Tarrants v. Henderson County Farm Bureau, 380 S.W.2d 274, 1964 Ky. LEXIS 312 ( Ky. 1964 ).

247.280. President and treasurer to file report.

The outgoing president and treasurer of a farm bureau shall by the date of the annual meeting file with the county clerk full and detailed sworn reports of all receipts and expenditures of the corporation, showing from whom the sums were received and to whom they were paid, and for what purposes they were received or paid. A duplicate of the reports shall be laid before the members at the annual meeting.

History. 42d-10: amend. Acts 1952, ch. 157, § 3; 1956, ch. 51, § 1.

247.290. Bureaus that may receive county aid. [Repealed.]

Compiler’s Notes.

This section (42d-12) was repealed by Acts 1956, ch. 51, § 2.

247.300. Fiscal court to appropriate money for bureau, when — Limit on amount — Additional appropriation for agricultural extension work.

  1. Whenever the secretary and the treasurer of a county farm bureau organized under KRS 247.240 to 247.370 have certified to the fiscal court of the county that the bureau has not less than one hundred (100) members who own or operate farms in the county and has a fund of not less than five hundred dollars ($500) in the possession of its treasurer, which fund was obtained from among its members by membership dues or otherwise, the fiscal court shall, subject to subsection (2), appropriate for county cooperative extension work out of the general fund of the county to aid in carrying on extension work in that county in agriculture and home economics and in connection with the University of Kentucky, a sum equal to twice the amount of the said fund in the hands of the bureau.
  2. The total sum appropriated under this section by the fiscal court shall not, in any year, exceed:
    1. Five thousand dollars ($5,000) in any county having an assessed property valuation of twenty million dollars ($20,000,000) or more;
    2. Four thousand dollars ($4,000) in any county having an assessed property valuation of more than fifteen million dollars ($15,000,000) but less than twenty million dollars ($20,000,000);
    3. Three thousand dollars ($3,000) in any county having an assessed property valuation of between ten ($10,000,000) and fifteen million dollars ($15,000,000);
    4. Two thousand dollars ($2,000) in any county having an assessed property valuation of between five ($5,000,000) and ten million dollars ($10,000,000) or
    5. One thousand five hundred dollars ($1,500) in any county having an assessed property valuation of not more than five million dollars ($5,000,000).
  3. Nothing in this section shall prevent or prohibit a fiscal court from appropriating additional funds in support of agricultural extension work under provisions of KRS 247.080 and appropriations made under either section shall be expended as provided for in KRS 247.310 .

History. 42d-11: amend. Acts 1956, ch. 51, § 3.

NOTES TO DECISIONS

1.Constitutionality.

This section does not violate Ky. Const., § 3, § 171 or § 181. Hendrickson v. Taylor County Farm Bureau, 196 Ky. 75 , 244 S.W. 82, 1922 Ky. LEXIS 456 ( Ky. 1922 ).

2.Appropriations.

The money raised by the farm bureau must have been obtained from its members in order for it to be entitled to appropriations under this section, and farm bureau is not entitled to appropriation until it has certified to the fiscal court that it has at least $500 obtained from its members. Fiscal Court of Boyle County v. Boyle County Farm Bureau, 244 Ky. 626 , 51 S.W.2d 934, 1932 Ky. LEXIS 488 ( Ky. 1932 ).

Fiscal court may not deduct from appropriations to farm bureau under this section amount paid county agent whose employment was not requested by bureau. Fiscal Court of Boyle County v. Boyle County Farm Bureau, 248 Ky. 617 , 59 S.W.2d 568, 1933 Ky. LEXIS 292 ( Ky. 1933 ).

It is the duty of the fiscal court to make the appropriation when the farm bureau brings itself within the conditions. Allen County Fiscal Court v. Allen County Farm Bureau, 298 Ky. 220 , 182 S.W.2d 660, 1944 Ky. LEXIS 877 ( Ky. 1944 ).

The word “shall” as used in subsection (1) of this section indicates absolute necessity of making appropriation provided for therein and the official act of making such appropriation is ministerial in its import and the fiscal court was required to curtail or discontinue activities of useful but permissive nature in order to make required appropriation. Clinton County Farm Bureau v. Clinton County Fiscal Court, 339 S.W.2d 930, 1960 Ky. LEXIS 491 ( Ky. 1960 ).

3.— Debt Limitations.

Fiscal court cannot be compelled to make appropriation under this section for purpose of employing county agent, where to do so would carry county indebtedness beyond limit fixed by Ky. Const., § 157. Adair County Farm Bureau v. Fiscal Court of Adair County, 263 Ky. 23 , 91 S.W.2d 537, 1936 Ky. LEXIS 122 ( Ky. 1936 ).

The duty of the fiscal court to make appropriations for the farm bureau is subject to constitutional restrictions upon the creation of county debts and obligations for the legislature cannot impose upon the county a duty that in itself or under specific conditions would contravene the provisions of the Constitution. Allen County Fiscal Court v. Allen County Farm Bureau, 298 Ky. 220 , 182 S.W.2d 660, 1944 Ky. LEXIS 877 ( Ky. 1944 ).

4.— Past Obligations.

Where farm bureau has raised required amount under this section, the fiscal court must appropriate to the bureau double the amount raised, and may not deduct amount proportionate to time expired from beginning of bureau’s fiscal year to application for appropriation, since appropriation may be expended for past obligations incurred during current fiscal year. Fiscal Court of Boyle County v. Boyle County Farm Bureau, 248 Ky. 617 , 59 S.W.2d 568, 1933 Ky. LEXIS 292 ( Ky. 1933 ).

Opinions of Attorney General.

Appropriations for extension work under KRS 247.300 and KRS 247.080 shall not exceed the current revenues as provided in Kentucky Constitution §§ 157 and 158. OAG 63-494 .

If adequate funds were available, there would be no liability on the part of the members of the fiscal court for appropriating funds for extension work under KRS 247.080 in excess of the maximum specified in KRS 247.300(2). OAG 63-494 .

The appropriation for extension work under KRS 247.300 is mandatory; any appropriation under KRS 247.080 is permissive. OAG 63-494 .

The limit of the appropriation by the fiscal court of a county under KRS 247.300(1) and (2) is $5,000 per year, but under KRS 247.080 , the court may appropriate additional funds of the county out of their annual funds as may be necessary for extension work in agriculture and home economics. OAG 63-494 .

A fiscal court has no statutory authority to appropriate money out of its annual funds toward the purchase of land to be used as a county fairground. OAG 63-643 .

The county agent is not an employee or official of the county. OAG 70-110 .

The purchase of land by a county through its fiscal court for the purpose of leasing the same to the 4-H Association of the county who in turn would sublet the property to the United States department of agriculture would not be within the powers of the fiscal court under this section authorizing the fiscal court to appropriate money for the farm bureau but not for the purchase and lease of property under the subject arrangement and the subject purposes. OAG 72-53 .

247.310. Expenditure of county appropriations.

All appropriations from fiscal courts shall be used in the payment of salaries and expenses of duly appointed extension service employees of the College of Agriculture and Home Economics of the University of Kentucky, serving in the county making the appropriation, or to pay for supplies or equipment for these employees.

History. 42d-11: amend. Acts 1956, ch. 51, § 4.

Opinions of Attorney General.

A fiscal court has no statutory authority to appropriate money out of its annual funds toward the purchase of land to be used as a county fairground. OAG 63-643 .

247.320. Expenditure of dues.

The farm bureau may use part or all of the sums annually received as dues from its members in payment of dues or assessments levied or assessed against it by the State Federation of Farm Bureaus or the American Farm Bureau Federation or in any manner designed to promote the best interests of its members.

History. 42d-5: amend. Acts 1956, ch. 51, § 5.

247.330. State federation of farm bureaus.

  1. A state federation of county farm bureaus may be formed by a majority of the county farm bureaus in existence at the time of the formation of said federation, which have been organized pursuant to KRS 247.240 and 247.250 , but said majority shall consist of no less than ten (10) such county farm bureaus.
  2. The state federation of farm bureaus shall have for its purpose the advancement and improvement of agricultural and allied interests of the farms of this state and may cooperate with the department, the College of Agriculture of the University of Kentucky, and the United States Department of Agriculture.
  3. The provisions of subsection (1) of this section shall not affect any existing state federation formed pursuant to the provisions of Chapter 76 of the Acts of 1920 of the General Assembly of the Commonwealth of Kentucky.

History. 42d-16: amend. Acts 1952, ch. 157, § 4.

Compiler’s Notes.

Chapter 76 of the Acts of 1920 of the General Assembly of the Commonwealth of Kentucky referred to in subsection (3) is compiled as KRS 247.240 to 247.280 , 247.300 .

247.340. Incorporation, powers, directors of federation — Existing federation.

  1. The said federation of farm bureaus organized pursuant to KRS 247.330 shall be a body corporate upon the filing with the county clerk of the county in which the principal office of said federation is located, articles of incorporation signed by the requisite number of authorized representatives of said county farm bureaus, and upon the filing of a copy of said articles of incorporation certified to by said county clerk, in the office of the Secretary of State of the Commonwealth of Kentucky.
  2. Said articles of incorporation shall state:
    1. The names of the county farm bureaus organizing said state federation;
    2. The corporate name of said state federation;
    3. The location of the principal office;
    4. The nature of its business and its general powers, and may set out any other provision, which the incorporators may deem desirable and which are not in conflict with the law.
  3. The incorporators signing the articles of incorporation shall constitute the first board of directors until the first annual election date to be fixed by the bylaws of the corporation.
  4. Any state federation of county farm bureaus heretofore organized pursuant to the provisions of KRS 247.330 , or, Chapter 76 of the Acts of 1920 of the General Assembly of the Commonwealth of Kentucky, and having heretofore filed its articles of incorporation as provided in this section, shall not be required to reincorporate, but may continue its corporate existence as if done pursuant hereto, and said corporation or any corporation organized pursuant to this section and KRS 247.330 , may amend its articles of incorporation by a majority vote of its voting delegates assembled in annual state convention.

History. 42d-17: amend. Acts 1952, ch. 157, § 5; 1978, ch. 384, § 382, effective June 17, 1978.

Compiler’s Notes.

Chapter 76 of the Acts of 1920 of the General Assembly of the Commonwealth of Kentucky referred to in subsection (3) is compiled as KRS 247.240 to 247.280 , 247.300 .

247.350. Organization and function of state federation.

Any state federation organized pursuant to KRS 247.330 and 247.340 shall have the following organization and function in the following manner:

  1. The said federation shall hold an annual meeting at a date to be fixed by its bylaws, which annual meeting may be referred to as the “annual convention” of said federation;
  2. Each county farm bureau shall be entitled to no less than two (2) voting delegates at the annual convention of the Kentucky Farm Bureau Federation. When a county farm bureau has received, during the fiscal year ending prior to said state convention, one hundred fifty (150) paid-in regular memberships, as defined in the bylaws of the federation, each additional one hundred (100) paid-in regular memberships or major portion thereof shall entitle the county farm bureau to an additional voting delegate. No voting delegate shall vote by proxy, unless the proxy is in writing in a form approved by the board of directors of the state federation;
  3. The governing body of said state federation shall consist of a board of directors of not less than seven (7) members. The distribution of said directors shall be by state federation districts, and set forth in the bylaws of the corporation. Each director shall be elected for a term of two (2) years, shall be a resident of the district from which he is elected, must be actively engaged in farming, or evidencing a primary interest therein by reason of his position or occupation, and shall be nominated by the voting delegates of said district and elected by a majority vote of the voting delegates voting either in person or by proxy at said election;
  4. Said state federation, by bylaws, shall have authority to provide for additional directors representing cooperating agricultural agencies;
  5. The officers of said federation shall consist of a president, a first vice president, and a second vice president, who shall be elected by majority vote cast by the voting delegates at the annual convention, and there shall be an executive officer of the corporation, who shall be elected by the board of directors, and who shall be an ex officio member of the board, without power to vote; and
  6. The board of directors shall select from its membership an executive committee composed of three (3) persons, and said committee shall have general charge of the management of the business of the federation in the interim between meetings of the board of directors and shall possess such powers, duties and responsibilities as may be provided in the bylaws of the federation or by resolution of the board of directors.

History. 42d-18: amend. Acts 1952, ch. 157, § 6; 1978, ch. 146, § 1, effective June 17, 1978; 1986, ch. 165, § 1, effective July 15, 1986.

247.360. Directors may provide for officers’ bonds and reports.

The board of directors, or the executive committee, if the board of directors is not in session, shall provide for the bonding of such officers and the making of such reports by officers as it deems necessary.

History. 42d-20.

247.370. Eligibility for membership in federation — Powers of federation.

  1. Every county farm bureau organized pursuant to KRS 247.250 shall be eligible to membership in any said state federation, but after its admission to membership, said federation shall have power to suspend its membership or expel it for failure to comply with any bylaws or reasonable rule or regulation of the federation.
  2. Any said state federation shall have authority to:
    1. Adopt, amend and repeal bylaws and amendments thereto by two-thirds (2/3) vote of the voting delegates voting at an annual convention;
    2. Assess annual membership dues against each county farm bureau, and base the amount thereof on the number of paid-in memberships in each county farm bureau;
    3. Acquire, own and hold property, pursuant to action of its board of directors, or by its executive committee upon authorization or approval of its board of directors;
    4. Borrow money and mortgage or pledge its property or assets by action of its board of directors, or, by its executive committee, upon authorization or approval of its board of directors;
    5. Accept gifts, devises and bequests, appropriate and expend its funds, pursuant to action of its board of directors, or its executive committee, upon authorization or approval by its board of directors, for the advancement of agriculture and allied interests and for any purposes deemed advisable to carry on its activities; and
    6. Do anything necessary to carry out the purpose for which it is organized.

History. 42d-19: amend. Acts 1952, ch. 157, § 7; 1978, ch. 146, § 2, effective June 17, 1978.

Opinions of Attorney General.

This section would prevail over a conflicting bylaw of the Kentucky Farm Bureau Federation as to the procedure to be followed in amending the bylaws of the Kentucky Farm Bureau Federation. OAG 76-713 .

Registration of Farm Names

247.380. Owner of farm may register name of his farm.

Any farm owner may, upon the payment of one dollar ($1) to the Commissioner, have the name of his farm recorded in a register which the Commissioner shall keep for that purpose. The Commissioner shall furnish the owner a certificate, issued under seal, setting forth the name and location of the farm and the name of the owner. When any name has been recorded as the name of any farm in this state, that name shall not be recorded as the name of any other farm.

History. 42b-1.

247.390. Farm Tenancy Commission. [Repealed.]

Compiler’s Notes.

This section (42c-30) was repealed by Acts 1986, ch. 331, § 63, effective July 15, 1986.

247.400. Compensation of members. [Repealed.]

Compiler’s Notes.

This section (42c-30) was repealed by Acts 1986, ch. 331, § 63, effective July 15, 1986.

Farm Animal Activities

247.401. Legislative findings for KRS 247.401 to 247.4029.

The General Assembly finds that activities involving the use and exhibition of farm animals are engaged in by a large number of citizens of Kentucky and that these activities also attract to Kentucky a large number of nonresidents, significantly contributing to the economy of Kentucky. Since it is recognized that there are inherent risks in working with, exhibiting, and using farm animals which should be understood by participants in farm animal activities and which are essentially impossible for owners of farm animals or sponsors of farm animal activities to eliminate, it is the purpose of KRS 247.401 to 247.4029 to define the areas of responsibility and affirmative acts for which activity sponsors, professionals, and participants shall be responsible, to specify risks of injury for which activity sponsors, professionals, and participants shall not be responsible, and to specify areas of responsibilities of farm animal participants. Therefore, the General Assembly determines that to preserve and promote the long Kentucky tradition of activities involving farm animals and the health and safety of the citizens of Kentucky and visitors to the Commonwealth of Kentucky, KRS 247.401 to 247.4029 are necessary to instruct persons voluntarily engaging in farm animal activities of the potential risks inherent in the activities.

History. Enact. Acts 1996, ch. 78, § 1, effective July 15, 1996.

247.4013. Scope and policies of KRS 247.401 to 247.4029.

KRS 247.401 to 247.4029 are intended to aid courts and juries in defining the duties of persons responsible for farm animals to others who have chosen to participate in farm animal activities. KRS 247.401 to 247.4029 also establish the policy of the Commonwealth of Kentucky that persons do not have a duty to eliminate risks inherent in farm animal activities which are beyond their immediate control if those risks are or should be reasonably obvious, expected, or necessary to participants engaged in farm animal activities. Furthermore, KRS 247.401 to 247.4029 establish the policy that the sponsor, instructor, or other professional engaged in farm animal activities who breaches a duty to a farm animal activity participant and causes foreseeable injury to the participant shall be responsible for the injury in accordance with other applicable law.

History. Enact. Acts 1996, ch. 78, § 2, effective July 15, 1996.

247.4015. Definitions for KRS 247.401 to 247.4029.

As used in KRS 247.401 to 247.4029 , unless the context requires otherwise:

  1. “Engages in a farm animal activity” means leading, showing, exhibiting, riding, training, providing, or assisting in providing medical treatment of, grooming, driving, or being a passenger upon a farm animal, whether mounted or unmounted; visiting, touring, or utilizing a farm animal facility as part of an organized event or activity; or assisting a participant or show management in farm animal activities. The term does not include being a spectator at a farm animal activity, except in cases where the spectator voluntarily places himself or herself in immediate proximity to the activity;
  2. “Farm animal” means one (1) or more of the following domesticated animals: cattle, oxen, sheep, swine, goats, horses, ponies, mules, donkeys, hinnies, ratites (ostrich, rhea, emu), camelids (alpaca, camel, llama), and poultry;
  3. “Farm animal activity” means:
    1. Shows, fairs, exhibits, competitions, performances, or parades that involve farm animals;
    2. Training or teaching activities, or both, involving farm animals;
    3. Boarding farm animals, including normal daily care;
    4. Rides, trips, shows, clinics, demonstrations, sales, hunts, parades, games, exhibitions, or other activities of any type, however informal or impromptu, that are sponsored by a farm animal activity sponsor or other person;
    5. Testing, riding, inspecting, or evaluating a farm animal belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the farm animal or is permitting a prospective purchaser of the farm animal to ride, inspect, or evaluate the farm animal;
    6. Placing or repairing horseshoes, trimming the hooves on a farm animal, or otherwise providing farrier services; or
    7. Examining or administering medical treatment to a farm animal by a veterinarian;
  4. “Farm animal activity sponsor” means an individual, group, club, partnership, corporation, or other legally constituted entity, whether the sponsor is operating for profit or nonprofit, which sponsors, organizes, allows, or provides the facilities for a farm animal activity, including, but not limited to: pony clubs, 4-H clubs, hunt clubs, riding clubs, polo clubs, school and college sponsored classes, programs, activities, and therapeutic riding programs, and operators, instructors, and promoters of farm animal facilities, including, but not limited to, stables, clubhouses, ponyride strings, fairs, exhibitions, farmstays, and arenas at which the activity is held;
  5. “Farm animal facility” means any areas used for any farm animal activity, including, but not limited to, farms, ranches, riding arenas, training stables or barns, pastures, riding trails, show rings, polo fields, tents and other semipermanent structures, and other areas or facilities used or provided by farm animal activity sponsors or where participants engage in farm animal activities;
  6. “Farm animal professional” means a person engaged for compensation in any of the following:
    1. Instructing a participant or renting to a participant a farm animal for the purpose of riding, driving, or being a passenger upon the farm animal;
    2. Providing daily care of farm animals boarded at a farm animal facility;
    3. Renting equipment or tack to a participant in a farm animal activity;
    4. Training a farm animal;
    5. Examining or administering medical treatment to a farm animal as a veterinarian;
    6. Providing farrier services to a farm animal; or
    7. Providing shearing services to a farm animal;
  7. “Farmstay” has the same meaning as in KRS 219.011 ;
  8. “Horse racing activities” means the conduct of horse racing activities within the confines of any horse racing facility licensed and regulated by KRS 230.070 to 230.990 , but shall not include harness racing at county fairs;
  9. “Inherent risks of farm animal activities” means dangers or conditions which are an integral part of farm animal activities, including, but not limited to;
    1. The propensity of a farm animal to behave in ways that may result in injury, harm, or death to persons around them;
    2. The unpredictability of the reaction of a farm animal to sounds, sudden movement, and unfamiliar objects, persons, or other animals;
    3. Certain hazards such as surface and subsurface conditions;
    4. Collisions with other farm animals or objects; and
    5. The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over a farm animal or not acting within his or her ability;
  10. “Participant” means any individual, whether amateur or professional, who engages in a farm animal activity, whether or not a fee is paid to participate in the farm animal activity; and
  11. “Person” means any individual, corporation, association, or other legally constituted entity that owns or controls one or more farm animals.

HISTORY: Enact. Acts 1996, ch. 78, § 3, effective July 15, 1996; 2012, ch. 57, § 2, effective July 12, 2012; 2015 ch. 78, § 1, effective June 24, 2015.

NOTES TO DECISIONS

1.Construction.

It was inappropriate for the appellate court to contradict Ky. Rev. Stat. Ann. § 247.4015 and suggest liability for allegedly raising or waving one’s arms, as the statute includes “sudden movements” within the definition of “inherent risks of farm animal activities” assumed by farm animal activity participants like plaintiff. Consequently, no genuine issue of material fact existed as to defendants’ liability under the statute. Daugherty v. Tabor, 554 S.W.3d 319, 2018 Ky. LEXIS 277 ( Ky. 2018 ).

247.4019. Responsibility of participants.

A farm animal activity participant shall act in a safe and responsible manner at all times to avoid injury to the participant and others and to be aware of risks inherent in farm animal activities to the best of the participant’s ability.

History. Enact. Acts 1996, ch. 78, § 4, effective July 15, 1996.

247.402. Warning of inherent risks — Limitation of claims by participants — Exceptions.

  1. The inherent risks of farm animal activities are deemed to be beyond the reasonable control of farm animal activity sponsors, farm animal professionals, or other persons. Therefore, farm animal activity sponsors, farm animal professionals, or other persons are deemed to have the duty to reasonably warn participants in farm animal activities of the inherent risks of the farm animal activities but not the duty to reduce or eliminate the inherent risks of farm animal activities. Except as provided in subsections (2) and (3) of this section, no participant or representative of a participant who has been reasonably warned of the inherent risks of farm animal activities shall make any claim against, maintain an action against, or recover from a farm animal activity sponsor, a farm animal professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of farm animal activities.
  2. Nothing in subsection (1) of this section shall prevent or limit the liability of a farm animal activity sponsor, a farm animal professional, or any other person if the farm animal activity sponsor, farm animal professional, or person:
    1. Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and the equipment or tack was faulty to the extent that it contributed to the injury;
    2. Provided the farm animal and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the farm animal activity and to safely manage the particular farm animal based on the participant’s representations of the participant’s ability;
    3. Owns, leases, has authorized use of, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known or should have been known to the farm animal activity sponsor, farm animal professional, or person and for which warning signs have not been conspicuously posted;
    4. Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or
    5. Negligently or wrongfully injures the participant.
  3. Nothing in subsection (1) of this section shall prevent or limit the liability of a farm animal activity sponsor or a farm animal professional under liability provisions as set forth in the Product Liability Act of Kentucky found at KRS 411.300 to 411.340 .
  4. Nothing in subsection (1) of this section shall, in the event of a breach of duty by a farm animal activity sponsor, farm animal professional, or other person;
    1. Limit the amount to be recovered for injuries resulting in death, or for injuries to person or property; or
    2. Deny or delay a person’s remedies in open court for injury done him in his lands, goods, person, or reputation.
  5. Adherence by a farm animal activity sponsor or farm animal professional to the standards of care within the profession creates a rebuttable presumption that the conduct of the farm animal activity sponsor or farm animal professional was not negligent.
  6. Compliance by a farm animal activity sponsor, farm animal professional, or other person with the provisions of KRS 247.4027 creates the presumption that the farm animal activity sponsor, farm animal professional, or other person has given the participant reasonable notice of the inherent risks of farm animal activities.

History. Enact. Acts 1996, ch. 78, § 5, effective July 15, 1996.

NOTES TO DECISIONS

1.Intentional Mistreatment.

Although KRS 247.402 required farm animal activity sponsors to warn of the inherent risks, there was no duty to reduce or eliminate the inherent risks; however, to intentionally mistreat or aggravate a farm animal would be the antithesis of that duty. Davis v. 3 Bar F Rodeo, 2007 Ky. App. LEXIS 423 (Ky. Ct. App. Nov. 2, 2007, sub. op., 2007 Ky. App. Unpub. LEXIS 301 (Ky. Ct. App. Nov. 2, 2007).

2.Representations of Ability.

Although plaintiff, who was injured when she was thrown from a gaited horse, stated in deposition testimony that she had exaggerated her riding abilities, defendants reasonably determined that the horse was suitable for plaintiff to ride based upon her multiple representations. Daugherty v. Tabor, 554 S.W.3d 319, 2018 Ky. LEXIS 277 ( Ky. 2018 ).

247.4025. Activities exempt from KRS 247.401 to 247.4029.

  1. KRS 247.401 to 247.4029 shall not apply to farm animal activity sponsors, farm animal activity professionals, persons, or participants when engaged in horse racing activities.
  2. KRS 247.401 to 247.4029 shall not apply to questions of liability arising from fencing and enclosure as regulated by KRS 256.010 to 256.990 .
  3. KRS 247.401 to 247.4029 shall not affect the liability of landowners to trespassers as regulated by KRS 381.231 and 381.232 except to codify Kentucky common law that horses in pastures are not attractive nuisances.

History. Enact. Acts 1996, ch. 78, § 6, effective July 15, 1996.

NOTES TO DECISIONS

1.Applicability.

In a negligence action stemming from a horse bite at the Kentucky Derby, the trial court erred in granting summary judgment to defendants because it incorrectly determined that the horse racing activities exemption under this section did not apply since the stabling of horses was not included in the definition for farm animal activities and that the Farm Animals Activity Act barred plaintiff’s claim. Roby v. Churchill Downs, Inc., 2022 Ky. App. LEXIS 76 (Ky. Ct. App. Aug. 26, 2022).

247.4027. Warning signs and notices — Waiver — Effect of noncompliance — Exclusions.

  1. Every farm animal activity sponsor and every farm animal professional shall post and maintain signs which contain the warning notice specified in subsection (3) of this section. Signs shall be placed in a clearly visible location on or near stables, corrals, or areas where the farm animal professional or the farm animal activity sponsor conducts farm animal activities. The warning notice specified in subsection (3) of this section shall appear on the sign in black letters, with each letter to be a minimum of one (1) inch in height.
  2. Every written contract entered into by a farm animal professional or by a farm animal activity sponsor for the providing of professional services, instruction, or the rental of equipment or tack or a farm animal to a participant, whether the contract involves farm animal activities on or off the location or site of the farm animal professional’s or the farm animal activity sponsor’s business, shall contain in clearly readable print the warning notice specified in subsection (3) of this section.
    1. If a participant or parent or guardian of a minor prior to participation in a farm animal activity knowingly signs a contract containing the warning set forth in subsection (3) of this section, the contract shall be deemed a waiver of the right to bring an action against the farm animal professional or farm animal activity sponsor for any injury, damage, loss, or death arising out of any farm animal activity. The waiver shall be binding upon the participant, except as regards acts of negligence by a farm animal professional, a farm animal activity sponsor, or any other person covered in KRS 247.402(2).
    2. The waiver shall remain valid unless expressly revoked in writing by the participant or parent or guardian of a minor. In the case of school and college sponsored classes and programs, waivers executed by a participant or parent or guardian of a participant shall apply to all farm animal activities in which the participant is involved in the next succeeding twelve (12) month period unless earlier expressly revoked in writing.
  3. The signs and contracts described in subsections (1) and (2) of this section shall contain the following warning notice:

    “WARNING

    Under Kentucky law, a farm animal activity sponsor, farm animal professional, or other person does not have the duty to eliminate all risks of injury of participation in farm animal activities. There are inherent risks of injury that you voluntarily accept if you participate in farm animal activities.”

  4. Failure to comply with the requirements concerning warning signs and notices provided in this section shall prevent a farm animal activity sponsor or farm animal professional from invoking the provisions of KRS 247.401 to 247.4029 .
  5. Nothing in KRS 247.401 to 247.4029 shall create a duty for a farm animal activity sponsor, farm animal professional, or other person to give a warning to a participant engaged in a farm animal activity with his own farm animal, or to a participant whom the farm animal activity sponsor, farm animal professional, or other person knows to possess reasonable knowledge of or experience with the inherent risk of farm animal activities, or who has represented to the farm animal activity sponsor, farm animal professional, or other person that he possesses reasonable knowledge or experience with the inherent risks of farm animal activities.

History. Enact. Acts 1996, ch. 78, § 7, effective July 15, 1996.

NOTES TO DECISIONS

1.In General.

While the deceased signed a release before entering a bull ring, since there was no language that released the county fair from conduct that would constitute gross negligence, which was what was alleged by the administratrix, and the intentional provocation of the bull was clearly not contemplated by the release, summary judgment was improper. Davis v. 3 Bar F Rodeo, 2007 Ky. App. LEXIS 423 (Ky. Ct. App. Nov. 2, 2007, sub. op., 2007 Ky. App. Unpub. LEXIS 301 (Ky. Ct. App. Nov. 2, 2007).

2.Applicability.

Lessors of land were not statutorily liable for injuries sustained by a lessee of the land from a horse on the leased property because Ky. Rev. Stat. Ann. §§ 247.4027 - 247.4029 , regulating certain activities related to farm animals, did not apply. Groves v. Woods, 2018 Ky. App. LEXIS 59 (Ky. Ct. App. Jan. 26, 2018, sub. op., 2018 Ky. App. Unpub. LEXIS 687 (Ky. Ct. App. Jan. 26, 2018).

Cited in

Daugherty v. Tabor, 554 S.W.3d 319, 2018 Ky. LEXIS 277 ( Ky. 2018 ).

247.4029. Severability — Applicability.

  1. The provisions of KRS 247.401 to 247.4027 are severable. If any part of KRS 247.401 to 247.4027 is declared invalid or unconstitutional, that declaration shall not affect the part which remains.
  2. KRS 247.401 to 247.4027 shall apply only to causes of action which arise on or after July 15, 1996.

History. Enact. Acts 1996, ch. 78, § 8, effective July 15, 1996.

County Farm Safety Programs

247.405. Implementation of county farm safety programs.

In order to educate the citizens of the Commonwealth on the significance and importance of farm safety, the department shall assist counties in implementing farm safety programs by making grants when funds are available to eligible county organizations to assist the organizations in promoting their farm safety programs.

History. Enact. Acts 1998, ch. 369, § 1, effective July 15, 1998.

247.406. Grants to county organization for farm safety program — Annual report.

  1. For a county organization to be eligible for funding, the following requirements shall be met:
    1. The organization shall be incorporated as nonprofit under KRS Chapter 273; and
    2. The organization shall submit a business plan to the department detailing how the corporation will operate and how it intends to incorporate a farm safety plan in its overall farm safety program.
  2. If the county organization’s business plan is approved by the department, and if funding is available, the department shall distribute a grant of two thousand dollars ($2,000) to the organization.
  3. The county organization shall make an annual written report to the department regarding the activities of the organization’s farm safety program and the disposition of the grant money.

History. Enact. Acts 1998, ch. 369, § 2, effective July 15, 1998; 2000, ch. 117, § 1, effective July 14, 2000.

247.407. Authority for administrative regulations.

The commissioner may promulgate administrative regulations to carry out the provisions of KRS 247.405 to 247.407 .

History. Enact. Acts 1998, ch. 369, § 3, effective July 15, 1998.

Governor’s Council on Agriculture

247.410. Definitions. [Repealed]

HISTORY: Enact. Acts 1966, ch. 87, § 4(1); 1972, ch. 53, § 1; 1978, ch. 155, § 128, effective June 17, 1978; 1982, ch. 447, § 16, effective April 12, 1982; repealed by 2021 ch. 12, § 12, effective March 12, 2021.

247.413. Creation of council — Purposes. [Repealed]

HISTORY: Enact. Acts 1966, ch. 87, § 4(2); 1972, ch. 53, § 2; 1976, ch. 299, § 51; 1982, ch. 447, § 17, effective April 12, 1982; 1984, ch. 404, § 34, effective July 13, 1984; repealed by 2021 ch. 12, § 12, effective March 12, 2021.

247.417. Members of council — Officers — Compensation — Meetings — Quorum. [Repealed]

HISTORY: Enact. Acts 1966, ch. 87, § 4(3); 1972, ch. 53, § 3; 1976, ch. 299, § 52; 1978, ch. 154, § 29, effective June 17, 1978; 1982, ch. 396, § 52, effective July 15, 1982; 1982, ch. 447, § 18, effective April 12, 1982; 1984, ch. 404, § 36, effective July 13, 1984; 1992, ch. 235, § 7, effective July 14, 1992; repealed by 2021 ch. 12, § 12, effective March 12, 2021.

247.420. Duties and powers of council. [Repealed]

HISTORY: Enact. Acts 1966, ch. 87, § 4(6); 1972, ch. 53, § 4; 1982, ch. 447, § 19, effective April 12, 1982; 1984, ch. 404, § 37, effective July 13, 1984; repealed by 2021 ch. 12, § 12, effective March 12, 2021.

247.421. Agricultural Export Authority. [Repealed]

HISTORY: Enact. Acts 1982, ch. 447, § 12, effective April 12, 1982; repealed by 2021 ch. 12, § 12, effective March 12, 2021.

247.423. Steering committee. [Repealed]

HISTORY: Enact. Acts 1966, ch. 87, § 4(4); 1972, ch. 53, § 5; 1982, ch. 447, § 20, effective April 12, 1982; repealed by 2021 ch. 12, § 12, effective March 12, 2021.

247.425. Division of developmental services — Kentucky farmers advocate’s office. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 155, § 130, effective June 17, 1978) was repealed by Acts 1980, ch. 295, § 95, effective July 15, 1980.

247.427. Kentucky farmers advocate’s office — Staff — Compensation — Duties — Records. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, § 4(5); 1972, ch. 53, § 6; 1976, ch. 299, § 53; 1978, ch. 155, § 129, effective June 17, 1978) was repealed by Acts 1980, ch. 295, § 95, effective July 15, 1980.

247.430. Funds — Construction. [Repealed]

HISTORY: Enact. Acts 1966, ch. 87, § 4(7) to (9); 1972, ch. 53, § 7; 1982, ch. 447, § 21, effective April 12, 1982; repealed by 2021 ch. 12, § 12, effective March 12, 2021.

247.440. Commission may select agents; other assistants. [Omitted.]

Compiler’s Notes.

This section (42c-32) was considered obsolete and was omitted.

Assessment for Promotion of Milk Production

247.4451. Promotion of milk production in public interest.

It is declared to be in the interest of the public welfare that Kentucky farmers who are producers of milk shall be permitted and encouraged to act jointly in promoting and stimulating, by educational and applied research programs, the increased production of this agricultural commodity.

History. Enact. Acts 1990, ch. 167, § 1, effective July 13, 1990.

247.4453. Definitions.

As used in KRS 247.4451 to 247.4483 , unless the context otherwise requires:

  1. “Commissioner” means the Commissioner of Agriculture;
  2. “Board” means the State Board of Agriculture;
  3. “Producer” means every person who produces milk and causes the same to be marketed as milk;
  4. “New producer” means a producer who was not engaged in the business of producing milk at the time a referendum was conducted in accordance with the provisions of KRS 247.4451 to 247.4483 ;
  5. “Person” means any individual, corporation, partnership, association, cooperative, or other business entity;
  6. “Milk” means milk from cows and all of its natural components; and
  7. “Purchaser” means any person, including any distributor, processor, or bulk milk handler, who purchases or receives on consignment milk within the state for sale, shipment, storage, processing, or manufacture.

History. Enact. Acts 1990, ch. 167, § 2, effective July 13, 1990.

247.4455. Association activity not considered restraint of trade.

No association meeting or activity undertaken in pursuance of the provisions of KRS 247.4451 to 247.4483 and intended to benefit all of the producers of this agricultural commodity shall be deemed or considered illegal or in restraint of trade.

History. Enact. Acts 1990, ch. 167, § 3, effective July 13, 1990.

247.4457. Assessment in public interest.

It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the state that producers of milk on a commercial basis shall be permitted by referendum to be held among this group and subject to the provisions of KRS 247.4451 to 247.4483 , to levy upon themselves an assessment on this commodity and provide for the collection of the assessment, for the purpose of financing or contributing toward the financing of educational and applied research programs to improve and enhance the production of milk.

History. Enact. Acts 1990, ch. 167, § 4, effective July 13, 1990.

247.4459. Application to conduct referendum.

  1. Any existing commission, council, board, association, or other agency, such as the Kentucky Milk Producers Association, fairly representative of the producers of the agricultural commodity referred to, may at any time after July 13, 1990, make application to the State Board of Agriculture on forms prescribed by the board for certification and approval for the purpose of conducting a referendum among the producers of the agricultural commodity, for commercial purposes, upon the question of levying an assessment under the provisions of KRS 247.4451 to 247.4483 , collecting and utilizing the assessment for the purpose stated in the referendum. The application forms shall include, but not be limited to, the following:
    1. Applicant’s name;
    2. Applicant’s address;
    3. Date;
    4. Program to be undertaken for producers;
    5. Brief statement of how program is to be implemented;
    6. Referendum to be conducted on a statewide basis;
    7. Proposed effective date of program; and
    8. Signature of applicant.
  2. Upon receipt of the application, the Commissioner shall publish the application through the medium of the public press in the state within ten (10) days of receipt.

History. Enact. Acts 1990, ch. 167, § 5, effective July 13, 1990.

247.4461. Certification by Commissioner of Agriculture of agency to conduct referendum.

Upon the filing with the State Board of Agriculture of the application on the part of any commission, council, board, association, or other agency of producers, the Commissioner shall within thirty (30) days thereafter convene the State Board of Agriculture to consider the application; and if upon the consideration the Board of Agriculture shall find that the commission, council, board, or other agency making the application is fairly representative of and has been duly chosen and delegated as representative of the producers producing the commodity, and shall otherwise find and determine that the application is in conformity with the provisions of KRS 247.4451 to 247.4483 and the purposes stated, then it shall be the duty of the Commissioner of Agriculture to certify the commission, council, board, association, or other agency as the duly delegated and authorized group or agency representative of the producers of the agricultural commodity, and shall likewise certify that the agency is duly authorized to conduct among the producers of the commodity a referendum for the purpose stated.

History. Enact. Acts 1990, ch. 167, § 6, effective July 13, 1990.

247.4463. Certification constitutes full authority to conduct referendum.

Upon being certified by the Commissioner of Agriculture in the manner set forth, the commission, council, board, or other agency shall be fully authorized and empowered to hold and conduct on the part of the producers of the agricultural commodity a referendum on the question of whether or not the producers shall levy upon themselves an assessment under and subject to and for the purpose stated in KRS 247.4451 to 247.4483 . The referendum shall be conducted on a statewide basis.

History. Enact. Acts 1990, ch. 167, § 7, effective July 13, 1990.

247.4465. Referendum to be statewide.

Any referendum conducted under the provisions of KRS 247.4451 to 247.4483 shall be held on a statewide basis. The referendum may be participated in by all producers engaged in the production of the agricultural commodity on a commercial basis, including owners of farms on which the commodity is produced, tenants and sharecroppers sharing in the proceeds of the commodity. In the referendum, the individuals so eligible for participation shall vote upon the question of whether or not there shall be levied an annual assessment in the amount set forth in the call for the referendum.

History. Enact. Acts 1990, ch. 167, § 8, effective July 13, 1990.

247.4467. Referendum to be supervised by Commissioner.

The manner, conduct, and management of any referendum held under the provisions of KRS 247.4451 to 247.4483 shall be under the supervision and direction of the Commissioner of Agriculture, and any and all expenses in connection therewith shall be borne by the commission, council, board, or other agency certified in accordance with the provisions of KRS 247.4451 to 247.4483 .

History. Enact. Acts 1990, ch. 167, § 9, effective July 13, 1990.

Legislative Research Commission Note.

(9/24/96). References in this statute to the range created by 1990 Ky. Acts ch. 167 were incorrectly codified as “KRS 247.4451 to 247.4453 .” Under KRS 7.136(1)(f), these references have been changed to read “KRS 247.4451 to 247.4483 .”

247.4469. Provisions of referendum to be fixed by Commissioner.

With respect to any referendum conducted under the provisions of KRS 247.4451 to 247.4483 , the Commissioner of Agriculture shall, before calling and announcing the referendum, fix, determine, and publicly announce at least thirty (30) days before the date determined for the referendum, the date, hours, and polling places for voting in the referendum, the effective date of the assessment, if adopted, the amount and basis of the assessment proposed to be collected, the means by which the assessment shall be collected if authorized by the producers, and the general purposes to which the amount collected shall be applied. No annual assessment levied under the provisions of KRS 247.4451 to 247.4483 shall exceed fifteen hundredths of one percent (0.15%) of the value of the year’s production of the agricultural commodity produced by any producer included in the group to which the referendum is submitted.

History. Enact. Acts 1990, ch. 167, § 10, effective July 13, 1990.

247.4471. Voting areas and other voting details set by Commissioner.

The hours, voting places, rules and regulations, and the area within which the referendum authorized with respect to the agricultural commodity referred to shall be established and determined by the Commissioner of Agriculture. The referendum date, area, hours, voting places, and rules and regulations with respect to the holding of the referendum shall be published by the Commissioner through the medium of the public press in the Commonwealth of Kentucky at least thirty (30) days before the holding of the referendum, and direct written notice shall likewise be given to each county or area agent in any county in which the agricultural product is produced. The notice shall contain a statement of the amount of the assessment proposed to be levied, which assessment in any event shall not exceed fifteen hundredths of one percent (0.15%) of the value of the year’s production of the agricultural commodity grown by the producer included in the group to which the referendum is submitted, and shall likewise state the method by which the assessment shall be collected and how the proceeds thereof shall be administered and the purposes to which the proceeds shall be applied, which purposes shall be in keeping with the provisions of KRS 247.4451 to 247.4483 .

History. Enact. Acts 1990, ch. 167, § 11, effective July 13, 1990.

247.4473. Commissioner to publish the question on, and the result of, the referendum.

The Commissioner of Agriculture shall likewise prepare and distribute in advance of the referendum the question to be presented to the voters, and shall arrange for the necessary poll holders for conducting the referendum; and following the referendum and within ten (10) days thereafter the Commissioner shall canvass and publicly declare the result of the referendum.

History. Enact. Acts 1990, ch. 167, § 12, effective July 13, 1990.

247.4475. Assessment to be levied and collected by agency conducting referendum.

  1. If, in the referendum called under the provisions of KRS 247.4451 to 247.4483 , a majority of the producers eligible to participate and voting therein, shall vote in the affirmative and in favor of the levying and collection of the assessment proposed in the referendum on the agricultural commodity, then the assessment shall be collected in the manner determined and announced by the agency conducting the referendum.
  2. Any agricultural cooperative association organized under KRS Chapter 272 or 272A, any foreign agricultural cooperative association, or any foreign limited cooperative association that has received a certificate of authority to conduct business in the Commonwealth in the same manner as a domestic agricultural cooperative association, on application to an approval by the Commissioner, may by an alternate procedure, not in conflict with the purposes of KRS 247.4451 to 247.4483 , handle the collection and disbursement of the assessments of its members. The purchaser of the agricultural commodity of the members of the association shall be relieved of the collecting and reporting requirements of KRS 247.4477 with respect to the members.

History. Enact. Acts 1990, ch. 167, § 13, effective July 13, 1990; 2012, ch. 160, § 136, effective July 12, 2012.

247.4477. Assessment to be deducted from the purchase price of the commodity — Use of funds.

In the event a majority of the producers eligible for participation in the referendum and voting therein shall vote in favor of the assessment, then, upon the written request of the duly certified commission, council, board, association, or other agency of producers of the agricultural commodity, the Commissioner shall notify forthwith, by certified mail, all persons engaged in the business of purchasing the agricultural commodities in this state, that on and after the date specified in the letter, the specified assessment shall be deducted from the producer’s payment by the purchaser, or his agent or representative, from the purchase price of the agricultural commodity. The assessment so deducted shall be remitted by the purchaser to the duly certified commission, council, board, association, or other agency of the producers entitled to it on or before the final day of the month following the end of the month in which the commodity is sold to the purchaser. The funds, including donations from individuals, concerns, corporations, and grants from the state or governmental agencies, shall be used for the purpose of promoting and stimulating, through educational and applied research programs, the increased production of the agricultural commodity. The books and records of all the purchasers of the agricultural commodity shall at all times during regular business hours be open for inspection by the Commissioner of Agriculture or his duly authorized agents.

History. Enact. Acts 1990, ch. 167, § 14, effective July 13, 1990.

247.4479. Refund of assessment.

In the event the referendum is carried in the affirmative and the assessment is levied and collected as provided, any producer upon and against whom the assessment shall have been levied and collected under the provisions of KRS 247.4451 to 247.4483 , if dissatisfied with the assessment and the result thereof, shall have the right to demand of and receive from the treasurer of the certified commission, council, board, association, or other agency of producers a refund of the assessment collected from the producer, if the demand for refund is made in writing within thirty (30) days from the date on which the assessment is collected from the producer.

History. Enact. Acts. 1990, ch. 167, § 15, effective July 13, 1990.

247.4481. Annual review of assessment program — Termination by referendum — Termination by request of certified operating agency.

  1. The board shall review the assessment program annually. If, at the end of each year after the first year of the assessment program, the board determines that twenty-five percent (25%) of the producers are not participating in the program, the Commissioner shall then conduct a referendum among the producers. If, upon the referendum, a majority of the producers eligible to participate and voting therein reject the program, it shall be terminated as at the end of the month in which the referendum was conducted and held; otherwise the assessment program shall continue in force and effect.
  2. If the certified commission, council, board, association, or other agency of producers expresses in writing its desire to the Commissioner to discontinue the assessment program and terminate the assessment, the Commissioner shall within fifteen (15) days following receipt of the request convene the board to review and act on the request. The board, after reviewing the request and conducting whatever proceedings are deemed appropriate and necessary in connection with the request, may terminate the program effective at the end of the month in which the board action is taken; and in this event the Commissioner shall notify, by certified mail, the purchasers of the agricultural commodity of the termination of the program.

History. Enact. Acts 1990, ch. 167, § 16, effective July 13, 1990.

247.4483. Injunction proceedings to halt practices in violation of KRS 247.4451 to 247.4483.

Whenever in the judgment of the board or the certified commission, council, board, association, or other agency of producers, a purchaser has engaged in or is about to engage in any acts or practices that constitute a violation of any of the sections of KRS 247.4451 to 247.4483 , the board or the certified commission, council, board, association, or other agency of producers may make application to the Franklin Circuit Court for an order enjoining the act or acts or practices and obtain a restraining order and preliminary injunction against the purchaser.

History. Enact. Acts 1990, ch. 167, § 17, effective July 13, 1990.

Assessments for Promotion of Dairy Industry

247.450. Promotion of milk production and use in public interest.

It is declared to be in the interest of the public welfare that Kentucky farmers who are producers of milk and milk products, shall be permitted and encouraged to act jointly and in cooperation with all producers, handlers, dealers and processors of such products in promoting and stimulating, by advertising, research and other methods, the increased production, use and sale, domestic and foreign, of any and all of such agricultural commodities.

History. Enact. Acts 1968, ch. 171, § 1.

Compiler’s Notes.

Original KRS 247.410 to 247.460 (42c-31 — 42c-32) regarding the farm tenancy commission were considered obsolete and were omitted. These sections from Acts 1966, ch. 87, § 4 (1)-(9) and 1968, ch. 171, §§ 1-4 were given the same section numbers.

247.453. Definitions for KRS 247.450 to 247.505.

As used in KRS 247.450 to 247.505 , unless the context otherwise requires:

  1. “Commissioner” means the commissioner of agriculture;
  2. “Board” means the state board of agriculture;
  3. “Producer” means every person who produces milk or cream from cows and thereafter causes the same to be marketed as milk, cream or other dairy products;
  4. “New producer” means a producer who was not engaged in the business of producing milk at the time a referendum was conducted in accordance with the provisions of KRS 247.450 to 247.505 ;
  5. “Person” means any individual, corporation, partnership, association, cooperative or other business entity;
  6. “Milk” means milk from cows and all of its natural components, sweet cream, sour cream, skim milk, flavored milk, buttermilk, condensed or concentrated whole or skim milk for use in milk products of every kind and description;
  7. “Handler” or “dealer” means any person, including any distributor, processor, bulk milk handler, or operator of a store, who purchases or receives on consignment or otherwise, milk and milk products of every kind and description, within the state, for sale, shipment, storage, processing, or manufacture;
  8. “Processor” means any person engaged in the business of processing milk and other material into milk products of every kind and description.

History. Enact. Acts 1968, ch. 171, § 2.

Legislative Research Commission Note.

(1988). A technical correction has been made in this section by the Reviser of Statutes pursuant to KRS 7.136 .

247.457. Association of producers not illegal.

No association meeting or activity undertaken in pursuance of the provisions of KRS 247.450 to 247.505 and intended to benefit all of the producers, handlers and processors of such agricultural commodity shall be deemed or considered illegal or in restraint of trade.

History. Enact. Acts 1968, ch. 171, § 3.

247.460. Producers may by referendum impose assessment on product.

It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the state that producers of milk and milk products on a commercial basis shall be permitted by referendum to be held among such respective groups and subject to the provisions of KRS 247.450 to 247.505 , to levy upon themselves an assessment on such commodity and provide for the collection of the same, for the purpose of financing or contributing towards the financing of a program of promoting, advertising, researching and other methods designed to increase the consumption, use and sale of, and the domestic as well as foreign markets for, such agricultural commodity.

History. Enact. Acts 1968, ch. 171, § 4.

247.463. Application by association for assessment — Form.

  1. Any existing commission, council, board, association or other agency such as the American Dairy Association of Kentucky, fairly representative of the producers of such agricultural commodity herein referred to may at any time after the enactment of KRS 247.450 to 247.505 make application to the State Board of Agriculture on forms prescribed by such board for certification and approval for the purpose of conducting a referendum among the producers of such agricultural commodity, for commercial purposes, upon the question of levying an assessment under the provisions of KRS 247.450 to 247.505 , collecting and utilizing the same for the purpose stated in such referendum. Such application forms shall include, but not be limited to, the following:
    1. Applicant’s name;
    2. Applicant’s address;
    3. Date;
    4. Program to be undertaken for producers;
    5. Brief statement of how program is to be implemented;
    6. Referendum to be conducted on a statewide or area basis;
    7. Proposed effective date of program;
    8. Geographic area (by counties) of producers to be affected by program;
    9. Signature of applicant.
  2. Upon receipt of such application, the commissioner shall publish such application through the medium of the public press in the state within ten (10) days of receipt thereof.

History. Enact. Acts 1968, ch. 171, § 5.

247.467. State Board of Agriculture on approval of application to certify association to hold referendum.

Upon the filing with the State Board of Agriculture of such application on the part of any commission, council, board, association, or other agency of producers, the Commissioner shall within thirty (30) days thereafter convene the State Board of Agriculture to consider such application; and if upon such consideration the said board of agriculture shall find that the commission, council, board or other agency making such application is fairly representative of and has been duly chosen and delegated as representative of the producers producing such commodity, and shall otherwise find and determine that such application is in conformity with the provisions of KRS 247.450 to 247.505 and the purposes therein stated, then and in such an event it shall be the duty of the Commissioner of Agriculture to certify such commission, council, board, association or other agency as the duly delegated and authorized group or agency representative of the producers of such agricultural commodity, and shall likewise certify that such agency is duly authorized to conduct among the producers of such commodity a referendum for the purpose herein stated.

History. Enact. Acts 1968, ch. 171, § 6.

247.470. Certified association may hold referendum — Scope.

Upon being so certified by the said Commissioner of Agriculture in the manner hereinbefore set forth, such commission, council, board or other agency shall thereupon be fully authorized and empowered to hold and conduct on the part of the producers of such agricultural commodity a referendum on the question of whether or not such producers shall levy upon themselves an assessment under and subject to and for the purpose stated in KRS 247.450 to 247.505 . Such referendum may be conducted either on a statewide or area basis.

History. Enact. Acts 1968, ch. 171, § 7.

247.473. Referendum on area or statewide basis — Who may participate.

Any referendum conducted under the provisions of KRS 247.450 to 247.505 may be held either on an area or statewide basis, as may be determined by the certified agency before such referendum is called; and such referendum, on an area or statewide basis may be participated in by all producers engaged in the production of such agricultural commodity on a commercial basis, including owners of farms on which such commodity is produced, tenants and sharecroppers sharing in the proceeds of such commodity. In such referendum, such individuals so eligible for participation shall vote upon the question of whether or not there shall be levied an annual assessment in the amount set forth in the call for such referendum.

History. Enact. Acts 1968, ch. 171, § 10.

247.477. Commissioner to supervise referendum — Expenses.

The manner, conduct, and management of any referendum held under the provisions of KRS 247.450 to 247.505 shall be under the supervision and direction of the Commissioner of Agriculture, and any and all expenses in connection therewith shall be borne by commission, council, board or other agency certified in accordance with the provisions of KRS 247.450 to 247.505 .

History. Enact. Acts 1968, ch. 171, § 9.

247.480. Commissioner of Agriculture to determine polling places, details of assessment, limits.

With respect to any referendum conducted under the provisions of KRS 247.450 to 247.505 , the Commissioner of Agriculture shall, before calling and announcing such referendum, fix, determine and publicly announce at least thirty (30) days before the date determined upon for such referendum, the date, hours and polling places for voting in such referendum, the effective date of the assessment, if adopted, the amount and basis of the assessment proposed to be collected, the means by which such assessment shall be collected if authorized by the producers, and the general purposes to which said amount so collected shall be applied; no annual assessment levied under the provisions of KRS 247.450 to 247.505 shall exceed one and one-half percent (1.5%) of the value of the year’s production of such agricultural commodity produced by any producer included in the group to which such referendum is submitted.

History. Enact. Acts 1968, ch. 171, § 8.

247.483. Rules governing holding of referendum prescribed by Commissioner — Notice — Limit on assessment.

The hours, voting places, rules and regulations and the area within which such referendum herein authorized with respect to such agricultural commodity herein referred to shall be established and determined by the Commissioner of Agriculture; the said referendum date, area, hours, voting places, rules and regulations with respect to the holding of such referendum shall be published by the Commissioner conducting the same through the medium of the public press in the Commonwealth of Kentucky at least thirty (30) days before the holding of such referendum, and direct written notice thereof shall likewise be given to each county or area agent, in any county in which such agricultural product is produced. Such notice shall likewise contain a statement of the amount of the assessment proposed to be levied, which assessment in any event shall not exceed one and one-half percent (1.5%) of the value of the year’s production of such agricultural commodity grown by the producer included in the group to which such referendum is submitted, and shall likewise state the method by which such assessment shall be collected and how the proceeds thereof shall be administered and the purposes to which the same shall be applied, which purposes shall be in keeping with the provisions of KRS 247.450 to 247.505 .

History. Enact. Acts 1968, ch. 171, § 12.

247.487. Commissioner to prepare question — Canvass of vote.

The Commissioner of Agriculture shall likewise prepare and distribute in advance of such referendum the question to be presented to the voters, and shall arrange for the necessary poll holders for conducting the said referendum; and following such referendum and within ten (10) days thereafter the said Commissioner shall canvass and publicly declare the result of such referendum.

History. Enact. Acts 1968, ch. 171, § 13; 1982, ch. 360, § 70, effective July 15, 1982.

247.490. Affirmative vote, effect — Domestic and foreign associations.

  1. If, in such referendum called under the provisions of KRS 247.450 to 247.505 , a majority of the producers in the area in which such referendum is conducted, eligible to participate and voting therein, shall vote in the affirmative and in favor of the levying and collection of such assessment proposed in such referendum on such agricultural commodity, then such assessment shall be collected in the manner determined and announced by the agency conducting such referendum.
  2. Any agricultural cooperative association organized under KRS Chapter 272 or 272A, any foreign agricultural cooperative association, or any foreign limited cooperative association that has received a certificate of authority to conduct business in the Commonwealth in the same manner as a domestic agricultural cooperative association, on application to and approval by the Commissioner, may by an alternate procedure, not in conflict with the purposes of KRS 247.450 to 247.505 , handle the collection and disbursement of the assessments of its members. The purchaser of the agricultural commodity of the members of such association shall be relieved of the collecting and reporting requirements of KRS 247.493 with respect to such members.

History. Enact. Acts 1968, ch. 171, § 11; 1974, ch. 401, § 1; 2012, ch. 160, § 137, effective July 12, 2012.

Opinions of Attorney General.

The method for collecting and handling the assessment fund of Dairymen Incorporated is not in violation of this section since the 1974 amendment to this section permitting the qualifying association to collect and disburse the assessments of its members by alternate procedure would take precedence over the collecting method in KRS 247.493 . OAG 74-908 .

The books and records of collections and disbursements of the qualifying association would be open to inspection by the department of agriculture under this section to the same extent as those of purchasers under KRS 247.493 . OAG 74-908 .

247.493. On approval, notice to be given milk purchasers as to deduction required — Disposition of collections.

In the event a majority of the producers eligible for participation in such referendum and voting therein shall vote in favor of such assessment, then, upon the written request of the duly certified commission, council, board, association or other agency of producers of such agricultural commodity, the Commissioner shall notify forthwith, by certified mail, all persons engaged in the business of purchasing such agricultural commodities in this state, that on and after the date specified in such letter, the specified assessment shall be deducted from the producer’s payment by the purchaser, or his agent or representative, from the purchase price of such agricultural commodity. The assessment so deducted shall, on or before the fifteenth day of the month following the end of the month in which such commodity is sold to the purchaser, be remitted by such purchaser to the duly certified commission, council, board, association or other agency of the producers entitled thereto. Such funds, including donations from individuals, concerns, corporations and grants from the state or governmental agencies, shall be used for the purpose of promoting and stimulating, by advertising, research and other methods, the increased use and sale, domestic and foreign, of such agricultural commodity. The books and records of all such purchasers of such agricultural commodity shall at all times during regular business hours be open for inspection by the Commissioner of Agriculture or his duly authorized agents.

History. Enact. Acts 1968, ch. 171, § 14; 1980, ch. 114, § 45, effective July 15, 1980.

Opinions of Attorney General.

The American Dairy Association of Kentucky is required to physically receive the funds representing the assessment that is required to be remitted to it by the purchaser of dairy products. OAG 71-489 .

The method of collecting and handling the assessment fund of Dairymen Incorporated is not in violation of KRS 247.490 since the 1974 amendment to that section permitting the qualifying association to collect and disburse the assessments of its members by alternate procedure would take precedence over the collecting method in this section. OAG 74-908 .

The books and records of collections and disbursements of the qualifying association would be open to inspection by the department of agriculture under KRS 247.490 to the same extent as those of purchasers under this section. OAG 74-908 .

247.497. Producer may obtain refund of amount collected from him.

In the event such referendum is carried in the affirmative and the assessment is levied and collected as provided herein, any producer upon and against whom such assessment shall have been levied and collected under the provisions of KRS 247.450 to 247.505 , if dissatisfied with said assessment and the result thereof, shall have the right to demand of and receive from the treasurer of said certified commission, council, board, association or other agency of producers a refund of such assessment so collected from such producer, provided such demand for refund is made in writing within thirty (30) days from the date on which said assessment is collected from producer.

History. Enact. Acts 1968, ch. 171, § 15.

Opinions of Attorney General.

The Capper-Volstead Act, 7 USCS §§ 291, 292, contains no provision that in any way affects or inhibits the provisions of the dairy promotion law, particularly the refund provisions of this section. OAG 72-150 .

247.500. Annual review of program — Referendum requirement — Termination.

  1. The board shall review the assessment program annually. If, at the end of each year after the first year of the assessment program, the board determines that the producers in the referendum area representing fifty percent (50%) of the production of milk are not participating in the program, the commissioner shall then conduct a referendum among the producers in such area. If, upon such referendum, a majority of the producers in such area reject such program, it shall be terminated as at the end of the month in which such referendum for such area was conducted and held; otherwise such assessment program shall continue in force and effect.
  2. If the certified commission, council, board, association, or other agency of producers expresses in writing its desire to the commissioner to discontinue the assessment program and terminate the same, the commissioner shall within fifteen (15) days following receipt of such request convene the board to review and act on such request. The board, after reviewing such request and conducting whatever proceedings are deemed appropriate and necessary in connection with such request, may terminate such program effective at the end of the month in which such board action is taken; and in this event the commissioner shall notify, by certified mail, the purchasers of such agricultural commodity of the termination of such program.

History. Enact. Acts 1968, ch. 171, § 16; 1970, ch. 92, § 77; 1980, ch. 114, § 46, effective July 15, 1980.

247.505. Injunction against violations — Penalties.

Whenever in the judgment of the board or the certified commission, council, board, association or other agency of producers, a purchaser has engaged in or is about to engage in any acts or practices that constitute a violation of any of the sections of KRS 247.450 to 247.505 , the board or the certified commission, council, board, association or other agency of producers may make application to the Franklin Circuit Court for an order enjoining such act or acts or practices and obtain a restraining order and preliminary injunction against such purchaser.

History. Enact. Acts 1968, ch. 171, § 17 (1).

Assessment for Promotion of Small Grain Industry

247.5061. Promotion for small grain production.

It is declared to be in the interest of the public welfare that Kentucky farmers who are producers of small grains shall be permitted and encouraged to act jointly and in cooperation with all producers, handlers, dealers, and processors of small grains in promoting and stimulating, by utilization research, market maintenance and expansion, and education, the increased use and sale, domestic and foreign, of small grains and small grains products; and for the prevention, modification, or elimination of trade barriers which obstruct the free flow of small grains and small grains products to market.

History. Enact. Acts 1990, ch. 397, § 1, effective July 13, 1990.

247.5063. Definitions.

As used in KRS 247.5061 to 247.5095 , unless the context otherwise requires:

  1. “Commissioner” means the Commissioner of Agriculture;
  2. “Board” means the State Board of Agriculture;
  3. “Small grains” means all kinds and varieties of cereal grains.
  4. “Bushel” means the weight for each type of cereal grain defined by the United States Department of Agriculture (USDA);
  5. “Producer” means every person who produces and markets small grains;
  6. “New producer” means a producer who was not engaged in the business of producing small grains at the time a referendum was conducted in accordance with the provisions of KRS 247.5061 to 247.5095 ;
  7. “Person” means any individual, corporation, partnership, association, cooperative, or other business entity;
  8. “Marketing year” means from June 1 to May 31 of the following year;
  9. “Purchaser” means any person, public or private corporation, federal Commodity Credit Corporation, association, or partnership buying, accepting for shipment, or otherwise acquiring the property in or to small grains from a producer, and shall include a mortgagee, pledgee, lienor, or other person, public or private, having a claim against the producer, when the actual or constructive possession of the small grains is taken as part payment or in satisfaction of a mortgage, pledge, lien, or claim; and
  10. “Marketed” means any quantities that are sold, bartered, or for which other items of value are exchanged.

History. Enact. Acts 1990, ch. 397, § 2, effective July 13, 1990.

247.5065. Association of producers not illegal or in restraint of trade.

No association meeting or activity undertaken in pursuance of the provisions of KRS 247.5061 to 247.5095 and intended to benefit all of the producers, handlers, dealers, and processors of small grains shall be deemed or considered illegal or in restraint of trade.

History. Enact. Acts 1990, ch. 397, § 3, effective July 13, 1990.

247.5067. Referendum levying assessment.

It is declared to be in the public interest and highly advantageous to the agricultural economy of the state that producers of small grains shall be permitted by referendum to be held among the respective groups and subject to the provisions of KRS 247.5061 to 247.5095 to levy upon themselves an assessment on small grains and provide for the collection of the assessment for the purpose of financing or contributing toward the financing of a program of research, market development, and education to increase the domestic and foreign consumption, use, sale, and markets for small grains and small grains products; and for the prevention, modification, or elimination of trade barriers which obstruct the free flow of small grains and small grains products to market.

History. Enact. Acts 1990, ch. 397, § 4, effective July 13, 1990.

247.5069. Application for assessment referendum — Contents of form — Publication.

  1. Any existing association which is fairly representative of the small grains producers of Kentucky, such as the Kentucky Small Grain Growers Association, may at any time after July 13, 1990, make application to the State Board of Agriculture on forms prescribed by the board for certification and approval for the purpose of conducting a referendum among the producers of small grains upon the question of levying an assessment under the provisions of KRS 247.5061 to 247.5095 and collecting and utilizing the assessment for the purpose stated in the referendum. The application forms shall include, but not be limited to, the following:
    1. Applicant’s name;
    2. Applicant’s address;
    3. Date;
    4. Program to be undertaken for producers;
    5. Brief statement of how the program is to be implemented;
    6. Referendum to be conducted on a statewide basis;
    7. Proposed effective date of the program; and
    8. Signature of the applicant.
  2. Upon receipt of the application, the Commissioner shall publish the application through the medium of the public press in the state within ten (10) days of receipt.

History. Enact. Acts 1990, ch. 397, § 5, effective July 13, 1990.

247.5071. Certified association authorized to hold referendum.

Upon being certified by the Commissioner of Agriculture, the association shall be fully authorized and empowered to hold and conduct on the part of the producers of small grains a referendum on the question of whether the producers shall levy upon themselves an assessment under, and subject to, and for the purpose stated in KRS 247.5061 to 247.5095 . The referendum shall be conducted on a statewide basis.

History. Enact. Acts 1990, ch. 397, § 6, effective July 13, 1990.

247.5073. Referendum on statewide basis.

Any referendum conducted under the provisions of KRS 247.5061 to 247.5095 shall be held on a statewide basis. The referendum may be participated in by all small grains producers, including owners of farms on which small grains are produced, and tenants and sharecroppers sharing in the proceeds of small grains. In the referendum, individuals eligible for participation shall vote upon the question of whether there shall be levied an annual assessment in the amount set forth in the call for the referendum.

History. Enact. Acts 1990, ch. 397, § 7, effective July 13, 1990.

247.5075. Supervision of referendum by Commissioner — Expenses.

The manner, conduct, and management of any referendum held under the provisions of KRS 247.5061 to 247.5095 shall be under the supervision and direction of the Commissioner of Agriculture, and any and all expenses in connection therewith shall be borne by the association conducting the referendum.

History. Enact. Acts 1990, ch. 397, § 8, effective July 13, 1990.

247.5077. Commissioner to determine date and other details of referendum.

With respect to any referendum conducted under the provisions of KRS 247.5061 to 247.5095 , the Commissioner of Agriculture shall, before calling and announcing the referendum, fix, determine, and publicly announce at least thirty (30) days before the date determined for the referendum, the date, hours, and polling places for voting in the referendum, the effective date of the assessment, if adopted, the amount and basis of the assessment proposed to be collected, the means by which the assessment shall be collected if authorized by the producers, and the general purposes to which the amount collected shall be applied. No assessment levied under the provisions of any referendum shall exceed one fourth of one percent (0.25%) of the net marketed price per bushel on the small grains marketed in the state during a marketing year by any producer included in the group to which the referendum was submitted or by any person subsequently becoming a new producer.

History. Enact. Acts 1990, ch. 397, § 9, effective July 13, 1990; 1994, ch. 47, § 1, effective July 15, 1994.

247.5079. Commissioner to prescribe rules of holding referendum — Notice — Limit of assessment.

The hours, voting places, rules, and regulations for the referendum shall be established and determined by the Commissioner of Agriculture and shall be published by the Commissioner through the medium of the public press in the Commonwealth of Kentucky at least thirty (30) days before the holding of the referendum, and direct written notice thereof shall likewise be given to each county or area agent in any county covered by the referendum. The notice shall likewise contain a statement of the amount of the assessment proposed to be levied, which assessment in any event shall not exceed one fourth of one percent (0.25%) of the net marketed price per bushel, and shall likewise state the method by which the assessment shall be collected and how the proceeds shall be administered and the purposes to which the proceeds shall be applied, which purposes shall be in keeping with the provisions of KRS 247.5061 to 247.5095 .

History. Enact. Acts 1990, ch. 397, § 10, effective July 13, 1990; 1994, ch. 47, § 2, effective July 15, 1994.

247.5081. Ballots — Canvass and declaration of result.

The Commissioner of Agriculture shall prepare and distribute in advance of the referendum all necessary ballots and shall arrange for the necessary poll holders for conducting the referendum. Following the referendum and within ten (10) days thereafter, the Commissioner shall canvass and publicly declare the result of the referendum.

History. Enact. Acts 1990, ch. 397, § 11, effective July 13, 1990.

247.5083. Effect of affirmative vote.

If, in the referendum called under the provisions of KRS 247.5061 to 247.5095 , a majority of the eligible producers, who vote therein, shall vote in the affirmative and in favor of the levying and collection of the assessment proposed in the referendum, the assessment shall be collected in the manner determined and announced by the association conducting the referendum.

History. Enact. Acts 1990, ch. 397, § 12, effective July 13, 1990.

247.5085. Notice of deduction required — Disposition of collections — Records.

If a majority of the eligible producers in the referendum who vote therein shall vote in favor of the assessment, the Commissioner shall notify, by certified mail, all persons engaged in the business of purchasing small grains in this state, that on and after the date specified in the letter, the specified assessment shall be deducted from the producer’s payment by the purchaser, or his agent or representative, from the net marketed price of the small grains. The assessment so deducted shall, on or before the fifteenth day of the month following the end of the month in which the small grains are sold to the purchaser, be remitted by the purchaser to the duly certified association which conducted the referendum. The books and records of all the purchasers of small grains shall at all times be open for inspection by the Commissioner of Agriculture or his duly authorized agents during regular business hours.

History. Enact. Acts 1990, ch. 397, § 13, effective July 13, 1990; 1994, ch. 47, § 3, effective July 15, 1994.

247.5087. Kentucky Small Grain Promotion Council.

There is hereby established a Kentucky Small Grain Promotion Council composed of four (4) members appointed by the certified organization; two (2) members appointed by the association representing the largest number of small grains farmers in the state; and one (1) member appointed by the Commissioner. These appointments shall be for terms of two (2) calendar years and each appointing body shall promptly file with the Commissioner the names of its respective appointees.

History. Enact. Acts 1990, ch. 397, § 14, effective July 13, 1990; 1994, ch. 47, § 4, effective July 15, 1994.

247.5089. Use of assessment funds.

The funds, including donations from individuals, concerns, corporations, and grants from the state or governmental agencies, shall be used for the purpose of promoting and stimulating, by research, market development and education, the increased use and sale, domestic and foreign, of small grains and small grains products; and for the prevention, modification, or elimination of trade barriers which obstruct the free flow of small grains and small grains products to market. None of these funds shall be used to lobby as defined in KRS 6.611 . The duly certified association receiving the assessment funds shall, upon the advice and consent of the Kentucky Small Grain Promotion Council, use and disburse the same as follows:

  1. The association may first refund to itself therefrom the costs and expenses incurred in the conduct of the referendum;
  2. The association may spend or disburse the necessary funds therefrom for administrative costs and expenses, but no more than fifteen percent (15%) of the funds collected in any marketing year shall be so utilized; and
  3. The balance remaining shall be used for the purposes provided in this section, as determined by the Kentucky Small Grain Promotion Council.

History. Enact. Acts 1990, ch. 397, § 15, effective July 13, 1990; 1993 (1st Ex. Sess.), ch. 4, § 66, effective September 16, 1993; 1994, ch. 47, § 5, effective July 15, 1994.

247.5091. Refund of assessment collected from producer.

If the referendum is carried in the affirmative and the assessment is levied and collected as provided, any producer upon and against whom the assessment shall have been levied and collected under the provisions of KRS 247.5061 to 247.5095 , if dissatisfied with the assessment and the result thereof, may demand of and receive from the treasurer of the certified association a refund of the assessment collected from the producer; if the demand for refund is made in writing within thirty (30) days after the date on which the assessment is collected from the producer.

History. Enact. Acts 1990, ch. 397, § 16, effective July 13, 1990; 1994, ch. 47, § 6, effective July 15, 1994.

247.5093. Procedures to terminate assessment.

  1. The question of the levy of the assessment on small grains may be referred to a vote of the small grains producers of the state by filing petitions with the certified association containing signatures of Kentucky small grains producers equal in number to ten percent (10%) of all small grains producers in the state as recorded in the latest United States Census of Agriculture. If after the petitions are filed and at the referendum election a majority of Kentucky small grains producers voting on the question vote against the levy on small grains, the assessment shall be terminated at the end of the marketing year in which the referendum was conducted; otherwise, the assessment program shall continue.
  2. If the duly certified association of small grains producers expresses in writing its desire to the Commissioner to discontinue the assessment program and terminate the program, the Commissioner shall within fifteen (15) days following receipt of the request convene the board to review and act on the request. The board, after reviewing the request and conducting whatever proceedings are deemed appropriate and necessary in connection with the request, may terminate the program effective at the end of the marketing year in which the board action is taken; and, in this event, the Commissioner shall notify, by certified mail, the purchasers of small grains affected thereby of the termination of the program.

History. Enact. Acts 1990, ch. 397, § 17, effective July 13, 1990; 1994, ch. 47, § 7, effective July 15, 1994.

247.5095. Injunction against violations.

When in the judgment of the board or the duly certified association, a purchaser has engaged in any acts or practices that constitute a violation of any of the provisions of KRS 247.5061 to 247.5095 , the board or the duly certified association may make application to the Circuit Court of the county wherein the said acts or practices are alleged to have occurred for an order enjoining the act or acts or practices, and obtain a restraining order and preliminary injunction against the purchaser.

History. Enact. Acts 1990, ch. 397, § 18, effective July 13, 1990.

Assessment for Promotion of Soybean Industry

247.510. Promotion of soybean production and use in public interest.

It is declared to be in the interest of the public welfare that Kentucky farmers who are producers of soybeans shall be permitted and encouraged to act jointly and in cooperation with all producers, handlers, dealers and processors of soybeans in promoting and stimulating, by research, market development and education, the increased production, use and sale, domestic and foreign, of soybeans and soybean products.

History. Enact. Acts 1974, ch. 83, § 1.

247.515. Definitions.

As used in KRS 247.510 to 247.595 unless the context otherwise requires:

  1. “Commissioner” means the Commissioner of Agriculture;
  2. “Board” means the State Board of Agriculture;
  3. “Producer” means every person who produces soybeans and thereafter causes the same to be marketed;
  4. “New producer” means a producer who was not engaged in the business of producing soybeans at the time a referendum was conducted in accordance with the provisions of KRS 247.510 to 247.595 ;
  5. “Person” means any individual, corporation, partnership, association, cooperative, or other business entity;
  6. “Marketing year” means from July 1 to June 30 of the following year;
  7. “Purchaser” means any person, public or private corporation, federal commodity credit corporation, association, or partnership buying, accepting for shipment, or otherwise acquiring the property in or to soybeans from a producer, and shall include a mortgagee, pledgee, lienor, or other person, public or private, having a claim against the producer, when the actual or constructive possession of such soybeans is taken as part payment or in satisfaction of such mortgage, pledge, lien, or claim;
  8. “Net market price” means the sales price or other value received by a producer for soybeans after adjustments have been made for any premium or discount based on grading or quality factors; and
  9. “Promotion board” means the Kentucky Soybean Promotion Board.

History. Enact. Acts 1974, ch. 83, § 2; 1986, ch. 180, § 1, effective July 15, 1986; 1992, ch. 45, § 1, effective July 14, 1992.

247.520. Association of dealers not illegal.

No association meeting or activity undertaken in pursuance of the provisions of KRS 247.510 to 247.595 and intended to benefit all of the producers, handlers, and processors of soybeans shall be deemed or considered illegal or in restraint of trade.

History. Enact. Acts 1974, ch. 83, § 3; 1986, ch. 180, § 2, effective July 15, 1986.

247.525. Producers’ referendum levying assessment. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 83, § 4) was repealed by Acts 1986, ch. 180, § 12, effective July 15, 1986.

247.530. Application by association for certification and approval for assessment referendum — Publication.

  1. Any existing association which is fairly representative of the soybean producers of Kentucky may, at any time after July 12, 2006, make application to the State Board of Agriculture on forms prescribed by the board for certification and approval for the purpose of conducting a referendum among the producers of soybeans upon the question of levying an assessment under the provisions of KRS 247.510 to 247.595 , and for collecting and utilizing the assessment for the purpose stated in the referendum.
  2. The Commissioner shall publish the application through the medium of the public press in the state within ten (10) days of receipt of the application.

History. Enact. Acts 1974, ch. 83, § 5; 1986, ch. 180, § 3, effective July 15, 1986; 2006, ch. 88, § 2, effective July 12, 2006.

247.535. Certified association authorized to hold referendum — Referendum on area or statewide basis. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 83, § 6) was repealed by Acts 1986, ch. 180, § 12, effective July 15, 1986.

247.540. Referendum on area or statewide basis — Persons eligible to participate. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 83, § 7) was repealed by Acts 1986, ch. 180, § 12, effective July 15, 1986.

247.545. Supervision of referendum by Commissioner — Expenses.

The manner, conduct and management of any referendum held under the provisions of KRS 247.510 to 247.595 , shall be under the supervision and direction of the Commissioner of Agriculture, and any and all expenses in connection therewith shall be borne by the association conducting the referendum.

History. Enact. Acts 1974, ch. 83, § 8; 1986, ch. 180, § 4, effective July 15, 1986.

247.550. Commissioner to determine date, hours, polling places, and details of assessment — Limits. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 83, § 9) was repealed by Acts 1986, ch. 180, § 12, effective July 15, 1986.

247.552. Limitation on assessment levied on soybeans marketed in Kentucky.

No assessment levied by any referendum conducted under the provisions of KRS 247.510 to 247.595 shall exceed the rate of one-fourth of one percent (0.25%) of the net market price per bushel on all soybeans marketed within the Commonwealth. The assessment shall be deducted from the amount paid the producer at the first point of sale.

History. Enact. Acts 1986, ch. 180, § 5, effective July 15, 1986; 1992, ch. 45, § 2, effective July 14, 1992; 2006, ch. 88, § 3, effective July 12, 2006.

247.553. Assessment on soybeans for seed stock.

A first purchaser who purchases soybeans in accordance with a contract or otherwise with the intent of utilizing the soybeans for seed stock shall be responsible for remitting the assessment due on the soybeans as required by KRS 247.570 . The assessment shall be collected from the producer at the time of final settlement for the soybeans. The assessment on soybeans marketed for use as seed stock shall be based upon the percentage specified in KRS 247.552 , multiplied by the posted county price for soybeans on the day of settlement as posted at the local Farm Service Agency office for the county in which the first purchaser is located. No assessment shall be collected unless the assessment in KRS 247.552 is in force.

History. Enact. Acts 1992, ch. 45, § 3, effective July 14, 1992; 2006, ch. 88, § 4, effective July 12, 2006.

247.555. Rules governing holding of referendum prescribed by Commissioner — Notice.

The hours, voting places, rules and regulations for the referendum shall be established and determined by the Commissioner of Agriculture; the said referendum date, hours, voting places, rules and regulations with respect to the holding of the referendum shall be published by the Commissioner through the medium of the public press in the Commonwealth at least thirty (30) days before the holding of such referendum, and direct written notice thereof shall likewise be given to each county or area agent in any county covered by such referendum.

History. Enact. Acts 1974, ch. 83, § 10; 1986, ch. 180, § 6, effective July 15, 1986.

247.560. Preparation of question — Poll holders — Canvass and declaration of results.

The Commissioner of Agriculture shall likewise prepare and distribute in advance of such referendum the question to be presented to the voters and shall arrange for the necessary poll holders for conducting the referendum. Following such referendum and within ten (10) days thereafter the Commissioner shall canvass and publicly declare the result of such referendum.

History. Enact. Acts 1974, ch. 83, § 11; 1982, ch. 360, § 71, effective July 15, 1982.

247.565. Effect of affirmative vote. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 83, § 12) was repealed by Acts 1986, ch. 180, § 12, effective July 15, 1986.

247.570. Assessment remitted to promotion board — Records.

The assessment so deducted shall, on or before the fifteenth day of the month following the end of the month in which such soybeans are sold to the purchaser, be remitted by the purchaser to the promotion board. The books and records of all the purchasers of soybeans shall at all times be open for inspection by the promotion board’s collection and compliance officer or the Commissioner of Agriculture or his duly authorized agents during regular business hours.

History. Enact. Acts 1974, ch. 83, § 13; 1980, ch. 114, § 47, effective July 15, 1980; 1986, ch. 180, § 7, effective July 15, 1986; 1992, ch. 45, § 4, effective July 14, 1992.

247.573. Kentucky Soybean Promotion Board.

There is hereby established a Kentucky Soybean Promotion Board. The promotion board shall consist of four (4) members appointed by the Kentucky Soybean Association; two (2) members appointed by the Kentucky Farm Bureau Federation; one (1) member appointed by the Commissioner of Agriculture; the Kentucky director or directors who serve on the United Soybean Board; and the Kentucky director or directors who serve on the American Soybean Association. The appointments shall be for terms of two (2) fiscal years, a fiscal year running from July 1 to the following June 30, and each appointing body shall promptly file with the promotion board the names of its respective appointees.

History. Enact. Acts 1992, ch. 45, § 5, effective July 14, 1992; 2006, ch. 88, § 5, effective July 12, 2006.

247.575. Fund utilization committee — Membership terms. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 83, § 14) was repealed by Acts 1992, ch. 45, § 9, effective July 14, 1992.

247.576. Power of promotion board to enter into agreement with Federal Commodity Credit Corporation.

The promotion board may enter into an agreement with the Federal Commodity Credit Corporation to collect the specified assessment on all soybeans pledged as collateral for a Commodity Credit Corporation price support loan or purchase by the Commodity Credit Corporation under its loan or purchase programs.

History. Enact. Acts 1986, ch. 180, § 8, effective July 15, 1986; 1992, ch. 45, § 6, effective July 14, 1992.

247.580. Use and disbursement of funds.

The funds, including donations from individuals, concerns, corporations, and grants from the state or governmental agencies, shall be used by the promotion board for the purpose of promoting and stimulating, by research, market development, and education, the increased use and sale, domestic and foreign, of soybeans and soybean products. These funds shall not be used to lobby as defined in KRS 6.611 . The promotion board may spend or disburse the necessary funds therefrom for administrative costs and expenses, but no more than fifteen percent (15%) of the funds collected in any marketing year shall be so utilized.

History. Enact. Acts 1974, ch. 83, § 15; 1992, ch. 45, § 7, effective July 14, 1992; 1993 (1st Ex. Sess.), ch. 4, § 67, effective September 16, 1993.

Opinions of Attorney General.

Since Chapter 4 of Acts 1993 (1st Ex. Sess.) contained an emergency clause [§ 92] it became effective as a whole when the Governor tendered the bill, which he had signed, to the Secretary of State on February 18, 1993. However, section 87 (13) of Ch. 4 of Acts 1993 (1st Ex. Sess.), provided that, except as provided in §§ 88, 89, and 90, §§ 1-84 of the Act should become effective two hundred ten (210) days after the effective date of the Act, September 16, 1993; other subsections within § 87 establish a transition schedule with other specific dates calculated from the effective date of the Act. Such schedule is actually a listing of deadlines within which certain actions called for in § 87 of the Act are to be completed. Such schedule is as follows: “within 45 days of the effective date of the act” = on or before April 5, 1993; “within 60 days of the effective date of the act” = on or before April 19, 1993; “within 75 days of the effective date of the act” = on or before May 4, 1993; “within 90 days of the effective date of the act” = on or before May 19, 1993; “within 150 days of the effective date of the act” = on or before July 19, 1993; “within 180 days of the effective date of the act” = on or before August 17, 1993; “two hundred ten (210) days after the effective date of the act” = September 16, 1993. OAG 93-25 .

247.585. Refund of assessment collected from producer.

Any producer upon and against whom the assessment shall have been levied and collected under the provisions of KRS 247.510 to 247.595 , if dissatisfied with the assessment and the result thereof, shall have the right to demand of and receive from the treasurer of the promotion board a refund of the assessment so collected from the producer; provided, the demand for refund is made in writing within ninety (90) days from the date on which the assessment is collected from the producer.

History. Enact. Acts 1974, ch. 83, § 16; 1986, ch. 180, § 9, effective July 15, 1986; 1992, ch. 45, § 8, effective July 14, 1992.

247.590. Annual review of program — Referendum required when — Termination. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 83, § 17; 1980, ch. 114, § 48, effective July 15, 1980) was repealed by Acts 1986, ch. 180, § 12, effective July 15, 1986.

247.592. Effect of federal Soybean Act on assessments levied under KRS 247.510 to 247.595.

  1. Notwithstanding KRS 247.510 to 247.595 , no assessment levied under KRS 247.510 to 247.595 shall be effective as long as the federal Soybean Promotion, Research, and Consumer Information Act, 7 U.S.C. secs. 6301 to 6311, is in effect.
  2. If the federal act is terminated or suspended, any assessment levied under KRS 247.510 to 247.595 shall become effective and shall be collected and utilized according to the provisions of KRS 247.510 to 247.595 .

History. Enact. Acts 2006, ch. 88, § 1, effective July 12, 2006.

247.595. Injunction against violations.

Whenever in the judgment of the board or the duly certified association, a purchaser has engaged in or is about to engage in any acts or practices that constitute a violation of any of the provisions of KRS 247.510 to 247.585 , the board or the duly certified association may make application to the Franklin Circuit Court for an order enjoining such act or acts or practices, and obtain a restraining order and preliminary injunction against such purchaser.

History. Enact. Acts 1974, ch. 83, § 18; 1986, ch. 180, § 10, effective July 15, 1986.

Assessment for Promotion of Corn Industry

247.6001. Purpose.

It is declared to be in the interest of the public welfare that Kentucky farmers who are producers of corn shall be permitted and encouraged to act jointly and in cooperation with all producers, handlers, dealers, and processors of corn in promoting and stimulating, by utilization research, market maintenance and expansion, and education, the increased use and sale, domestic and foreign, of corn and corn products; and for the prevention, modification, or elimination of trade barriers which obstruct the free flow of corn and corn products to market.

History. Enact. Acts 1990, ch. 223, § 1, effective July 13, 1990.

247.6003. Definitions for KRS 247.6005 to 247.6035.

As used in KRS 247.6005 to 247.6035 , unless the context otherwise requires:

  1. “Commissioner” means the Commissioner of Agriculture;
  2. “Board” means the State Board of Agriculture;
  3. “Corn” means all kinds and varieties of corn, including popcorn, except sweet corn and ornamental corns;
  4. “Bushel” means fifty-six (56) pounds of corn by weight or as otherwise defined by the United States Department of Agriculture (USDA);
  5. “Producer” means every person who produces and markets corn;
  6. “New producer” means a producer who was not engaged in the business of producing corn at the time a referendum was conducted in accordance with the provisions of KRS 247.6001 to 247.6035 ;
  7. “Person” means any individual, corporation, partnership, association, cooperative, or other business entity;
  8. “Marketing year” means from September 1 to August 31 of the following year;
  9. “Purchaser” means any person, public or private corporation, Federal Commodity Credit Corporation, association or partnership buying, accepting for shipment, or otherwise acquiring the property in or to corn from a producer, and shall include a mortgagee, pledgee, lienor, or other person, public or private, having a claim against the producer, when the actual or constructive possession of the corn is taken as part payment or in satisfaction of a mortgage, pledge, lien, or claim; and
  10. “Marketed” means any quantities that are sold, bartered, or for which other items of value are exchanged.

History. Enact. Acts 1990, ch. 223, § 2, effective July 13, 1990; 1994, ch. 46, § 1, effective July 15, 1994.

247.6005. Activities not deemed in restraint of trade.

No association meeting or activity undertaken in pursuance of the provisions of KRS 247.6001 to 247.6035 and intended to benefit all of the producers, handlers, dealers, and processors of corn shall be deemed or considered illegal or in restraint of trade.

History. Enact. Acts 1990, ch. 223, § 3, effective July 13, 1990.

247.6007. Referendum on corn assessment declared to be in public interest.

It is declared to be in the public interest and highly advantageous to the agricultural economy of the state that producers of corn shall be permitted by referendum to be held among the respective groups and subject to the provisions of KRS 247.6001 to 247.6035 to levy upon themselves an assessment on corn and provide for the collection of the assessment for the purpose of financing or contributing toward the financing of a program of research, market development, and education to increase the domestic and foreign consumption, use, sale, and markets for corn and corn products; and for the prevention, modification, or elimination of trade barriers which obstruct the free flow of corn and corn products to market.

History. Enact. Acts 1990, ch. 223, § 4, effective July 13, 1990.

247.6009. Application to conduct corn referendum.

  1. Any existing association which is fairly representative of the corn producers of Kentucky, such as the Kentucky Corn Growers Association, may at any time after July 13, 1990, make application to the State Board of Agriculture on forms prescribed by the board for certification and approval for the purpose of conducting a referendum among the producers of corn upon the question of levying an assessment under the provisions of KRS 247.6001 to 247.6035 and collecting and utilizing the assessment for the purpose stated in the referendum. The application forms shall include, but not be limited to, the following:
    1. Applicant’s name;
    2. Applicant’s address;
    3. Date;
    4. Program to be undertaken for producers;
    5. Brief statement of how the program is to be implemented;
    6. Referendum to be conducted on a statewide basis;
    7. Proposed effective date of the program; and
    8. Signature of the applicant.
  2. Upon receipt of the application, the Commissioner shall publish the application through the medium of the public press in the state within ten (10) days of receipt.

History. Enact. Acts 1990, ch. 223, § 5, effective July 13, 1990.

247.6011. Certification of authority.

Upon being certified by the Commissioner of Agriculture, the association shall be fully authorized and empowered to hold and conduct on the part of the producers of corn a referendum on the question of whether the producers shall levy upon themselves an assessment under, and subject to, and for the purpose stated in KRS 247.6001 to 247.6035 . The referendum shall be conducted on a statewide basis.

History. Enact. Acts 1990, ch. 223, § 6, effective July 13, 1990.

247.6013. Referendum to be statewide.

Any referendum conducted under the provisions of KRS 247.6001 to 247.6035 shall be held on a statewide basis. The referendum may be participated in by all corn producers, including owners of farms on which corn is produced, and tenants and sharecroppers sharing in the proceeds of corn. In the referendum, individuals eligible for participation shall vote upon the question of whether there shall be levied an annual assessment in the amount set forth in the call for the referendum.

History. Enact. Acts 1990, ch. 223, § 7, effective July 13, 1990.

247.6015. Conduct of referendum.

The manner, conduct, and management of any referendum held under the provisions of KRS 247.6001 to 247.6035 shall be under the supervision and direction of the Commissioner of Agriculture, and any and all expenses in connection therewith shall be borne by the association conducting the referendum.

History. Enact. Acts 1990, ch. 223, § 8, effective July 13, 1990.

247.6017. Matters to be determined by the Commissioner before referendum.

With respect to any referendum conducted under the provisions of KRS 247.6001 to 247.6035 , the Commissioner of Agriculture shall, before calling and announcing the referendum, fix, determine, and publicly announce at least thirty (30) days before the date determined for the referendum, the date, hours, and polling places for voting in the referendum, the effective date of the assessment, if adopted, the amount and basis of the assessment proposed to be collected, the means by which the assessment shall be collected if authorized by the producers, and the general purposes to which the amount collected shall be applied. No annual assessment levied under the provisions of any referendum shall exceed one fourth of one percent (0.25%) of the net marketed price per bushel on the corn marketed in the state during a marketing year by any producer included in the group to which the referendum was submitted or by any person subsequently becoming a new producer.

History. Enact. Acts 1990, ch. 223, § 9, effective July 13, 1990; 1994, ch. 46, § 2, effective July 15, 1994.

247.6019. Notice published by Commissioner.

The hours, voting places, rules, and regulations for the referendum shall be established and determined by the Commissioner of Agriculture and shall be published by the Commissioner through the medium of the public press in the Commonwealth of Kentucky at least thirty (30) days before the holding of the referendum, and direct written notice thereof shall likewise be given to each county or area agent in any county covered by the referendum. The notice shall likewise contain a statement of the amount of the assessment proposed to be levied, which assessment in any event shall not exceed one fourth of one percent (0.25%) of the net marketed price per bushel, and shall likewise state the method by which the assessment shall be collected and how the proceeds shall be administered and the purposes to which the proceeds shall be applied, which purposes shall be in keeping with the provisions of KRS 247.6001 to 247.6035 .

History. Enact. Acts 1990, ch. 223, § 10, effective July 13, 1990; 1994, ch. 46, § 3, effective July 15, 1994.

247.6021. Distribution of ballots, canvass, and declaration of result.

The Commissioner of Agriculture shall prepare and distribute in advance of the referendum all necessary ballots and shall arrange for the necessary poll holders for conducting the referendum. Following the referendum and within ten (10) days thereafter, the Commissioner shall canvass and publicly declare the result of the referendum.

History. Enact. Acts 1990, ch. 223, § 11, effective July 13, 1990.

247.6023. Method of collection of assessment.

If, in the referendum called under the provisions of KRS 247.6001 to 247.6035 , a majority of the eligible producers, who vote therein, shall vote in the affirmative and in favor of the levying and collection of the assessment proposed in the referendum, the assessment shall be collected in the manner determined and announced by the association conducting the referendum.

History. Enact. Acts 1990, ch. 223, § 12, effective July 13, 1990.

247.6025. Deduction of assessment from producer’s payment.

If a majority of the eligible producers in the referendum who vote therein shall vote in favor of the assessment, the Commissioner shall notify, by certified mail, all persons engaged in the business of purchasing corn in this state, that on and after the date specified in the letter, the specified assessment shall be deducted from the producer’s payment by the purchaser, or his agent or representative, from the net marketed price of the corn. The assessment so deducted shall, on or before the fifteenth day of the month following the end of the month in which the corn is sold to the purchaser, be remitted by the purchaser to the duly certified association which conducted the referendum. The books and records of all the purchasers of corn shall at all times be open for inspection by the Commissioner of Agriculture or his duly authorized agents during regular business hours.

History. Enact. Acts 1990, ch. 223, § 13, effective July 13, 1990; 1994, ch. 46, § 4, effective July 15, 1994.

247.6027. Kentucky Corn Promotion Council.

There is hereby established a Kentucky Corn Promotion Council composed of four (4) members appointed by the certified organization; two (2) members appointed by the association representing the largest number of corn farmers in the state; and one (1) member appointed by the Commissioner. These appointments shall be for terms of two (2) calendar years and each appointing body shall promptly file with the Commissioner the names of its respective appointees.

History. Enact. Acts 1990, ch. 223, § 14, effective July 13, 1990; 1994, ch. 46, § 5, effective July 15, 1994.

247.6029. Use of funds.

The funds, including donations from individuals, concerns, corporations, and grants from the state or governmental agencies, shall be used for the purpose of promoting and stimulating, by research, market development and education, the increased use and sale, domestic and foreign, of corn and corn products; and for the prevention, modification, or elimination of trade barriers which obstruct the free flow of corn and corn products to market. None of these funds shall be used to lobby as defined in KRS 6.611 . The duly certified association receiving the assessment funds shall, upon the advice and consent of the Kentucky Corn Promotion Council, use and disburse the same as follows:

  1. The association may first refund to itself therefrom the costs and expenses incurred in the conduct of the referendum;
  2. The association may spend or disburse the necessary funds therefrom for administrative costs and expenses, but no more than fifteen percent (15%) of the funds collected in any marketing year shall be so utilized; and
  3. The balance remaining shall be used for the purposes provided in this section, as determined by the Kentucky Corn Promotion Council.

History. Enact. Acts 1990, ch. 223, § 15, effective July 13, 1990; 1993 (1st Ex. Sess.), ch. 4, § 68, effective September 16, 1993; 1994, ch. 46, § 6, effective July 15, 1994.

247.6031. Refund to dissatisfied producer.

If the referendum is carried in the affirmative and the assessment is levied and collected as provided, any producer upon and against whom the assessment shall have been levied and collected under the provisions of KRS 247.6001 to 247.6035 , if dissatisfied with the assessment and the result thereof, may demand of and receive from the treasurer of the certified association a refund of the assessment collected from the producer; if the demand for refund is made in writing within thirty (30) days after the date on which the assessment is collected from the producer.

History. Enact. Acts 1990, ch. 223, § 16, effective July 13, 1990; 1994, ch. 46, § 7, effective July 15, 1994.

247.6033. Procedures to terminate assessment.

  1. The question of the levy of the assessment on corn may be referred to a vote of the corn producers of the state by filing petitions with the certified association containing signatures of Kentucky corn producers equal in number to ten percent (10%) of all corn producers in the state as recorded in the latest United States Census of Agriculture. If after the petitions are filed and at the referendum election a majority of Kentucky corn producers voting on the question vote against the levy on corn, the assessment shall be terminated at the end of the marketing year in which the referendum was conducted; otherwise, the assessment program shall continue.
  2. If the duly certified association of corn producers expresses in writing its desire to the Commissioner to discontinue the assessment program and terminate the program, the Commissioner shall within fifteen (15) days following receipt of the request convene the board to review and act on the request. The board, after reviewing the request and conducting whatever proceedings are deemed appropriate and necessary in connection with the request, may terminate the program effective at the end of the marketing year in which the board action is taken; and, in this event, the Commissioner shall notify, by certified mail, the purchasers of corn affected thereby of the termination of the program.

History. Enact. Acts 1990, ch. 223, § 17, effective July 13, 1990; 1994, ch. 46, § 8, effective July 15, 1994.

247.6035. Court order prohibiting unlawful practices.

When in the judgment of the board or the duly certified association, a purchaser has engaged in or is about to engage in any acts or practices that constitute a violation of any of the provisions of KRS 247.6001 to 247.6035 , the board or the duly certified association may make application to the Franklin Circuit Court for an order enjoining the act or acts or practices, and obtain a restraining order and preliminary injunction against the purchaser.

History. Enact. Acts 1990, ch. 223, § 18, effective July 13, 1990.

Boll Weevil Eradication Programs and Assessment for Promotion of Cotton Industry

247.6040. Definitions for KRS 247.6040 to 247.6070.

As used in KRS 247.6040 to 247.6070 , unless the context requires otherwise:

  1. “Association” means any commission, council, board, or other body;
  2. “Boll weevil” means Anthonomus grandis Boheman in any stage of development;
  3. “Commissioner” means the Commissioner of Agriculture or the Commissioner’s designee;
  4. “Cotton” means any cotton plant or cotton plant product upon which the boll weevil is dependent for completion of any portion of its life cycle;
  5. “Cotton grower” means any person who is engaged in and has an economic risk in the business of producing, or causing to be produced, cotton for market;
  6. “Host” means any plant or plant product upon which the boll weevil is dependent for completion of any portion of its life cycle;
  7. “Infested” means actually infested with a boll weevil, or so exposed to infestation that it would be reasonable to believe that an infestation exists; and
  8. “Regulated article” means any article of any character carrying or capable of carrying the boll weevil, including but not limited to cotton plants, seed cotton, other hosts, gin trash, and mechanical cotton pickers.

History. Enact. Acts 2007, ch. 79, § 1, effective June 26, 2007.

247.6042. Commissioner to carry out boll weevil eradication programs — Agreements for cost sharing and division of duties.

  1. The Commissioner shall carry out programs to destroy and eliminate boll weevils in this state.
  2. The Commissioner may cooperate with any agency of the federal government, any state, any other agency in this state, or any person or group of persons engaged in growing, processing, marketing, or handling cotton in order to carry out the purposes of KRS 247.6040 to 247.6070 , and may enter into written agreements to carry out those purposes. The agreements may provide for cost sharing and for division of duties and responsibilities under KRS 247.6040 to 247.6070 , and may include other provisions generally to carry out the purposes of KRS 247.6040 to 247.6070.

History. Enact. Acts 2007, ch. 79, § 2, effective June 26, 2007.

247.6044. Powers of Commissioner to carry out KRS 247.6040 to 247.6070.

  1. The Commissioner may enter cotton fields and other premises in order to carry out certain activities, including but not limited to treatment with pesticides and monitoring, as may be necessary to carry out KRS 247.6040 to 247.6070 .
  2. The Commissioner may inspect any fields or premises in this state and any property located on the premises for the purpose of determining whether the property is infested. The inspection and other activities may be conducted at any reasonable hours between sunrise and sunset.

History. Enact. Acts 2007, ch. 79, § 3, effective June 26, 2007.

247.6046. Information on cotton fields and patches to be furnished to Commissioner.

Every person growing cotton in this state shall furnish to the Commissioner, on forms supplied by the Commissioner, information that the Commissioner requires regarding the size and location of all commercial cotton fields and of noncommercial patches of cotton grown as ornamentals or for other purposes.

History. Enact. Acts 2007, ch. 79, § 4, effective June 26, 2007.

247.6048. Administrative regulations — Establishment of penalties.

The Commissioner shall promulgate administrative regulations to carry out KRS 247.6040 to 247.6070 and may establish monetary penalties for violating KRS 247.6040 to 247.6070 or for violating administrative regulations promulgated under KRS 247.6040 to 247.6070.

History. Enact. Acts 2007, ch. 79, § 5, effective June 26, 2007.

247.6050. Designation of elimination zones — Notice.

  1. The Commissioner may:
    1. Designate one (1) or more areas of this state as elimination zones where boll weevil eradication programs will be undertaken;
    2. Designate areas within the elimination zone where commercial and noncommercial cotton is prohibited from being planted;
    3. Require all commercial cotton growers within an elimination zone to participate in a boll weevil eradication program; or
    4. Destroy cotton being grown in prohibited areas of an elimination zone, and assess the grower for the costs incurred for the destruction.
  2. Notice of the designation of an elimination zone shall be given by publication for one (1) day each week for three (3) successive weeks in a newspaper having general circulation in the affected area.

History. Enact. Acts 2007, ch. 79, § 6, effective June 26, 2007.

247.6052. Treatment or destruction of cotton in elimination zones — No payment for losses — Exception — Commissioner may restrict entry in zones.

  1. The Commissioner may treat with pesticides or destroy volunteer or other noncommercial cotton, and may establish procedures for the purchase and destruction of commercial cotton in elimination zones as designated under KRS 247.6050 .
  2. Except as provided in subsection (3) of this section, no payment shall be made to the owner or lessee for the destruction or injury of any cotton which was planted in an elimination zone if the cotton was planted in violation of any provision of KRS 247.6040 to 247.6070 or any administrative regulations promulgated under KRS 247.6040 to 247.6070 .
  3. If cotton that was planted in an elimination zone prior to the notification requirement in KRS 247.6050 is destroyed or injured, the Commissioner shall pay for losses incurred.
  4. The Commissioner may restrict entry by persons, and may restrict the location of honeybee colonies, in any areas of an elimination zone which has been or is to be treated with pesticides.

History. Enact. Acts 2007, ch. 79, § 7, effective June 26, 2007.

247.6054. Moving infested regulated article into state — Penalty.

Any person who, except in compliance with administrative regulations promulgated by the Commissioner, moves any regulated article into this state from any other state which the Commissioner has determined to be infested, shall be guilty of a Class A misdemeanor.

History. Enact. Acts 2007, ch. 79, § 8, effective June 26, 2007.

247.6056. Activities not deemed in restraint of trade.

No association meeting or activity undertaken to carry out KRS 247.6040 to 247.6070 and intended to benefit all cotton growers, handlers, or processors shall be deemed or considered illegal or in restraint of trade.

History. Enact. Acts 2007, ch. 79, § 9, effective June 26, 2007.

247.6058. Application for assessment referendum — Contents of form — Publication.

  1. Any existing association which is fairly representative of the cotton growers of Kentucky may at any time after June 26, 2007, make application to the State Board of Agriculture on forms provided by the board for certification and approval for the purpose of conducting a referendum among cotton growers upon the question of levying an assessment upon the cotton growers to offset, in whole or in part, the cost of boll weevil or other cotton pest suppression or eradication programs. The application forms shall include but not be limited to the following:
    1. Applicant’s name and address;
    2. Date;
    3. Program to be undertaken for growers;
    4. Brief statement of how the program is to be implemented;
    5. Referendum to be conducted on a statewide or areawide basis;
    6. Proposed effective date of the program;
    7. Geographic area, by counties, of growers to be affected by the program; and
    8. Signature of the applicant.
  2. The Commissioner shall publish the application through the medium of the public press in the state within ten (10) days of receipt of the application.

History. Enact. Acts 2007, ch. 79, § 10, effective June 26, 2007.

247.6060. Certified association authorized to hold referendum — Assessment to be based on cotton acreage.

  1. Upon being certified by the Commissioner, the association shall be fully authorized and empowered to hold and conduct on the part of the cotton growers a referendum on the question of whether or not an assessment shall be levied upon the growers to offset, in whole or in part, the cost of boll weevil or other cotton pest suppression or eradication programs.
  2. Any assessment levied upon cotton growers shall be based upon the number of acres of cotton planted, and shall not exceed twenty dollars ($20) per acre.

History. Enact. Acts 2007, ch. 79, § 11, effective June 26, 2007.

247.6062. Referendum on area or statewide basis — Participation eligibility — Two-thirds majority required for passage — Amount and period of assessment.

  1. Any referendum conducted under KRS 247.6040 to 247.6070 may be held either on an areawide or statewide basis, as determined by the duly certified association before the referendum is called. The referendum may be participated in by all cotton growers. The Commissioner shall determine any questions of eligibility to vote. In the referendum, individuals eligible for participation shall vote upon the question of whether or not there shall be levied an assessment to offset, in whole or in part, the cost of boll weevil or other cotton pest suppression or eradication programs.
  2. Passage of the referendum shall require a two-thirds (2/3) majority of those eligible cotton growers voting.
  3. Upon passage of the referendum, the Commissioner shall determine the amount of the assessment, not to exceed twenty dollars ($20) per acre, and the period of time for which it is levied.

History. Enact. Acts 2007, ch. 79, § 12, effective June 26, 2007.

247.6064. Supervision of referendum by Commissioner — Expenses.

The manner, conduct, and management of any referendum held under KRS 247.6040 to 247.6070 shall be under the supervision and direction of the Commissioner, and all expenses in connection with the referendum shall be borne by the association conducting the referendum.

History. Enact. Acts 2007, ch. 79, § 13, effective June 26, 2007.

247.6066. Commissioner to publicly announce rules, polling places, and details of assessment before referendum — Notice to agricultural extension agents.

  1. With respect to any referendum conducted under KRS 247.6040 to 247.6070 , the Commissioner shall publicly announce through the medium of the public press at least thirty (30) days before the date determined for the referendum, the following information:
    1. The rules and regulations with respect to the holding of the referendum;
    2. The area within which the referendum will be conducted;
    3. The date, hours, and polling places for voting in the referendum;
    4. The effective date of the assessment, if adopted;
    5. The basis of the assessment proposed to be collected;
    6. The means by which the assessment shall be collected if authorized by the growers;
    7. The general purposes to which any amount shall be applied; and
    8. How the proceeds from the assessment shall be administered.
  2. Direct written notice shall also be given to each county or area agricultural extension agent in any county covered by the referendum.

History. Enact. Acts 2007, ch. 79, § 14, effective June 26, 2007.

247.6068. Preparation of question — Poll holders — Canvass and declaration of results.

The Commissioner shall prepare and distribute in advance of the referendum the question to be presented to the voters and shall arrange for the necessary poll holders for conducting the referendum. Within ten (10) days following the referendum, the Commissioner shall canvass and publicly declare the result of the referendum.

History. Enact. Acts 2007, ch. 79, § 15, effective June 26, 2007.

247.6070. Affirmative vote — Failure of referendum — Subsequent referendums on continuation of assessments.

  1. If two-thirds (2/3) of the eligible growers who vote in the referendum vote in favor of levying and collecting the assessment proposed in the referendum, then the assessment shall be collected in the manner determined and announced by the Commissioner.
  2. If the referendum fails to receive the required number of affirmative votes, the association may, with the consent of the Commissioner, call other referendums.
  3. After the passage of any referendum, upon the petition of the majority of eligible voters, eligible voters may, by subsequent referendums, vote on whether to continue their assessments. All of the requirements for an initial referendum shall be met in subsequent referendums.

History. Enact. Acts 2007, ch. 79, § 16, effective June 26, 2007.

Assessment for Promotion of Beef Cattle Industry

247.610. Promotion of beef cattle industry.

It is declared to be in the interest of the public welfare that Kentucky farmers who are producers of bovine animals shall be permitted and encouraged to act jointly and in cooperation with all producers, handlers, dealers, and processors of bovine animals in promoting and stimulating, by research, market development, and education, the use and sale, domestic and foreign, of bovine animal products.

History. Enact. Acts 1976, ch. 9, § 1; 2004, ch. 32, § 3, effective July 13, 2004.

247.615. Definitions for KRS 247.620 to 247.685.

As used in KRS 247.620 to 247.685 , unless the context otherwise requires:

  1. “Association” means any commission, council, board, or other body;
  2. “Commissioner” means the Commissioner of Agriculture;
  3. “Board” means the State Board of Agriculture;
  4. “Producer” means every person who produces bovine animals and thereafter causes the same to be marketed;
  5. “New producer” means a producer who was not engaged in the business of producing bovine animals at the time a referendum was conducted in accordance with the provisions of KRS 247.620 to 247.685 ;
  6. “Person” means any individual, corporation, partnership, association, cooperative, or other business entity; and
  7. “Order buyer” means any person who purchases bovine animals in Kentucky and is registered under the United States Department of Agriculture, Packers and Stockyards Act of 1921, as amended, and the regulations thereunder. This does not include producers who do not engage in the business of buying and selling bovine animals.

History. Enact. Acts 1976, ch. 9, § 2; 1980, ch. 213, § 1, effective July 15, 1980.

Compiler’s Notes.

The Packers and Stockyards Act of 1921, referred to in subdivision (7) of this section, can be found in 7 USCS §§ 181, et seq.

247.620. Association of producers not illegal or in restraint of trade.

No association meeting or activity undertaken in pursuance of the provisions of KRS 247.610 to 247.685 and intended to benefit all of the producers, handlers, and processors of bovine animals shall be deemed or considered illegal or in restraint of trade.

History. Enact. Acts 1976, ch. 9, § 3.

247.625. Referendum levying assessment.

It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the state that producers of bovine animals shall be permitted by referendum to be held among the respective groups and subject to the provisions of KRS 247.610 to 247.685 to levy upon themselves an assessment on bovine animals and provide for the collection of the assessment for the purpose of financing or contributing towards the financing of a program of research, market development, and education to increase the domestic and foreign consumption, use, sale, and markets for bovine animal products.

History. Enact. Acts 1976, ch. 9, § 4; 2004, ch. 32, § 4, effective July 13, 2004.

247.630. Application for assessment referendum — Contents of form — Publication.

  1. Any existing association which is fairly representative of the bovine animal producers of Kentucky, such as the Kentucky Beef Cattle Association, may at any time after the enactment of KRS 247.610 to 247.685 make application to the State Board of Agriculture on forms prescribed by such board for certification and approval for the purpose of conducting a referendum among the producers of bovine animals upon the question of levying an assessment under the provisions of KRS 247.610 to 247.685 , collecting and utilizing the same for the purpose stated in such referendum. Such application forms shall include, but not be limited to, the following:
    1. Applicant’s name;
    2. Applicant’s address;
    3. Date;
    4. Program to be undertaken for producers;
    5. Brief statement of how the program is to be implemented;
    6. Referendum to be conducted on a statewide or area basis;
    7. Proposed effective date of the program;
    8. Geographic area, by counties, of producers to be affected by the program; and
    9. Signature of the applicant.
  2. Upon receipt of such application, the Commissioner shall publish such application through the medium of the public press in the state within ten (10) days of receipt thereof.

History. Enact. Acts 1976, ch. 9, § 5.

247.635. Certified association authorized to hold referendum.

Upon being so certified by the Commissioner of Agriculture, such association shall thereupon be fully authorized and empowered to hold and conduct on the part of the producers of bovine animals a referendum on the question of whether or not such producers shall levy upon themselves an assessment under, and subject to, and for the purposes stated in KRS 247.610 to 247.685 . Such referendum may be conducted either on a statewide or area basis.

History. Enact. Acts 1976, ch. 9, § 6.

247.640. Referendum on area or statewide basis — Participation eligibility.

Any referendum conducted under the provisions of KRS 247.610 to 247.685 may be held either on an area or statewide basis, as may be determined by such duly certified association before such referendum is called; and such referendum, on an area or statewide basis, may be participated in by all bovine cattle producers, including owners of farms on which such bovine cattle are produced and tenants sharing in the proceeds of bovine cattle. In the referendum, individuals so eligible for participation shall vote upon the question of whether or not there shall be levied an assessment in the amount set forth in the call for the referendum.

History. Enact. Acts 1976, ch. 9, § 7.

247.645. Supervision of referendum by Commissioner — Expenses.

The manner, conduct, and management of any referendum held under the provisions of KRS 247.610 to 247.685 shall be under the supervision and direction of the Commissioner of Agriculture, and any and all expenses in connection therewith shall be borne by the association conducting the referendum.

History. Enact. Acts 1976, ch. 9, § 8.

247.650. Commissioner to determine date, hours, polling places for voting and details of assessment — Limits — Exceptions.

  1. With respect to any referendum conducted under the provisions of KRS 247.610 to 247.685 , the Commissioner of Agriculture shall, before calling and announcing the referendum, fix, determine, and publicly announce at least thirty (30) days before the date determined for the referendum, the date, hours, and polling places for voting in the referendum, the effective date of the assessment, if adopted, the amount and basis of the assessment proposed to be collected, the means by which the assessment shall be collected if authorized by the producers, and the general purposes to which the amount collected shall be applied. No assessment levied under the provisions of any single referendum shall exceed one dollar ($1) on each bovine animal marketed in the state by any producer included in the group to which the referendum was submitted or by any person subsequently becoming a new producer in the area in which the referendum was held.
  2. No assessment shall be made on any bovine animal marketed in the state which sells for ten dollars ($10) or less.
  3. Any assessment levied after June 25, 2013, shall be in addition to the federal assessment referenced in KRS 247.652 .

History. Enact. Acts 1976, ch. 9, § 9; 2004, ch. 32, § 1, effective July 13, 2004; 2013, ch. 129, § 1, effective June 25, 2013.

247.652. Credit of up to fifty cents to producer on each bovine animal on which one dollar assessment was made — Assessment to be collected if federal assessment is terminated.

  1. Notwithstanding the provisions of KRS 247.610 to 247.685 , in accordance with the Federal Beef Promotion and Research Act of 1985, each Kentucky producer of a bovine animal shall receive a credit of up to fifty cents ($0.50) on each bovine animal on which a one dollar ($1) assessment was made under the terms of the federal act. Each fifty cent ($0.50) credit received by the producer shall be retained by the association certified under KRS 247.610 to 247.685 and shall be used by the association for the purposes provided in KRS 247.610 to 247.685.
  2. In the event the one dollar ($1) assessment provided by the federal act is terminated or suspended, that assessment on each Kentucky producer of a bovine animal shall continue to be collected, shall be retained by the association certified under KRS 247.610 to 247.685 , and shall be used for the purposes provided in KRS 247.610 to 247.685 .

History. Enact. Acts 1986, ch. 388, § 1, effective July 15, 1986; 2004, ch. 32, § 2, effective July 13, 2004; 2013, ch. 129, § 2, effective June 25, 2013.

247.655. Rules governing holding of referendum prescribed by Commissioner — Notice.

The hours, voting places, rules and regulations, and the area within which the referendum will be conducted shall be established and determined by the Commissioner of Agriculture; the said referendum date, area, hours, voting places, rules and regulations with respect to the holding of the referendum shall be published by the Commissioner through the medium of the public press in the Commonwealth of Kentucky at least thirty (30) days before the holding of such referendum, and direct written notice thereof shall likewise be given to each county or area agricultural extension agent in any county covered by such referendum. Such notice shall likewise contain a statement of the amount of the assessment proposed to be levied, and shall likewise state the method by which such assessment shall be collected and how the proceeds thereof shall be administered and the purposes to which the same shall be applied, which purposes shall be in keeping with the provisions of KRS 247.610 to 247.685 .

History. Enact. Acts 1976, ch. 9, § 10.

247.660. Preparation of question — Poll holders — Canvass and declaration of results.

The Commissioner of Agriculture shall likewise prepare and distribute in advance of such referendum the question to be presented to the voters and shall arrange for the necessary poll holders for conducting the referendum. Following such referendum and within ten (10) days thereafter the Commissioner shall canvass and publicly declare the result of such referendum.

History. Enact. Acts 1976, ch. 9, § 11; 1982, ch. 360, § 72, effective July 15, 1982.

247.665. Effect of affirmative vote.

If, in such referendum called under the provisions of KRS 247.610 to 247.685 , a majority of the eligible producers in the area in which such referendum is conducted, who vote therein, shall vote in the affirmative and in favor of levying and collecting such assessment proposed in such referendum, then such assessment shall be collected in the manner determined and announced by the association conducting such referendum.

History. Enact. Acts 1976, ch. 9, § 12.

247.670. Notice as to deduction required — Disposition of collections — Records.

  1. In the event a majority of the eligible producers in such referendum who vote therein shall vote in favor of the assessment, then the Commissioner shall notify forthwith, by certified mail, every person licensed to operate a livestock market in the state, as well as every person who operates a meat packing or slaughter establishment which buys bovine animals directly from the producer and every order buyer, that on and after the date designated in the notice, which shall be not less than thirty (30) days nor more than sixty (60) days after the mailing of the notice by the Commissioner, the amount of the assessment shall be deducted by all such sales markets or purchasers of bovine animals, or by their agents or representatives, from the purchase price paid the seller of bovine animals.
  2. On or before the fifteenth day of each month all assessments deducted shall be remitted to the association certified by the assessment referendum, less three percent (3%) which may be retained to compensate the stockyard operator, meat packer, order buyer, or slaughter establishment operator for the expense of collecting and remitting the assessment.
  3. The books and records of all stockyard operators, meat packers, order buyers, and slaughter establishment operators shall at all times during regular business hours be open for inspection by the Commissioner or his duly authorized agents for the purpose of ascertaining the accuracy of the amounts remitted.

History. Enact. Acts 1976, ch. 9, § 13; 1980, ch. 114, § 49, effective July 15, 1980; 1980, ch. 213, § 2, effective July 15, 1980.

Legislative Research Commission Note.

This section was amended by two 1980 acts which do not appear to be in conflict and have been compiled together.

247.675. Refund of assessment collected from producer.

In the event the referendum is carried in the affirmative and the assessment is levied and collected as provided, any producer upon and against whom such assessment shall have been levied and collected under the provisions of KRS 247.610 to 247.685 , if dissatisfied with said assessment and the result thereof, shall have the right to demand of and receive from the treasurer of said certified association a refund of such assessment so collected from such producer; provided, such demand for refund is made in writing within thirty (30) days from the date on which said assessment is collected from such producer.

History. Enact. Acts 1976, ch. 9, § 14.

247.680. Annual review of assessment program — Referendum required, when — Termination of program.

  1. The board shall review the assessment program annually. If, at the end of each year after the first year of the assessment program, the board determines that fifty percent (50%) of the producers in the referendum area are not participating in the program, the Commissioner shall then conduct a referendum among the producers in such area. If, upon such referendum, a majority of the producers in the area reject the program, it shall be terminated as of the end of the month in which the referendum for the area was conducted and held; otherwise, such assessment program shall continue in force and effect.
  2. If the certified association of producers expresses in writing its desire to the Commissioner to discontinue the assessment program and terminate the same, the Commissioner shall within fifteen (15) days following receipt of the request convene the board to review and act on the request. The board, after reviewing such request and conducting whatever proceedings are deemed appropriate and necessary in connection with the request, may terminate the program effective at the end of the month in which the board action is taken; and in this event the Commissioner shall notify, by certified mail, all operators of a livestock market, meat packing establishment or slaughter establishment of the termination of the program.
  3. If the certified association requests in writing to the Commissioner to hold a referendum on the question of increasing the assessment within the limits of KRS 247.610 to 247.685 , the Commissioner shall within fifteen (15) days of the receipt of the request convene the board to review and act on the request. The board, after reviewing the request and conducting whatever proceedings are deemed appropriate and necessary with the request, shall, if the request is approved, conduct a referendum in accordance with the provisions of KRS 247.610 to 247.685 .

History. Enact. Acts 1976, ch. 9, § 15; 1980, ch. 114, § 50, effective July 15, 1980.

247.685. Injunction against violations.

Whenever in the judgment of the board or the duly certified association, an operator of a livestock market, meat packing establishment, or slaughter establishment, or an order buyer has engaged in or is about to engage in any acts or practices that constitute a violation of any of the provisions of KRS 247.610 to 247.685 , the board or the duly certified association may make application to the Franklin Circuit Court for an order enjoining such act, or acts, or practices and obtain a restraining order and preliminary injunction against such operator or order buyer.

History. Enact. Acts 1976, ch. 9, § 16; 1980, ch. 213, § 3, effective July 15, 1980.

Assessment for Promotion of Sheep and Lamb Production Industry

247.6901. Purpose.

It is declared to be in the interest of the public welfare that Kentucky farmers who are producers of ovine or caprine animals shall be permitted and encouraged to act jointly and in cooperation with all producers, handlers, dealers, and processors of ovine or caprine animals in promoting and stimulating, by utilization research, market maintenance and expansion, and education, the increased use and sale, domestic and foreign, of ovine and caprine animals; and for the prevention, modification, or elimination of trade barriers which obstruct the free flow of ovine or caprine animals to market.

History. Enact. Acts 1992, ch. 347, § 1, effective July 14, 1992; 2008, ch. 8, § 1, effective July 15, 2008.

247.6904. Definitions for KRS 247.6901 to 247.6957.

As used in KRS 247.6901 to 247.6957 , unless the context otherwise requires:

  1. “Commissioner” means the Commissioner of Agriculture;
  2. “Board” means the State Board of Agriculture;
  3. “Producer” means every person who produces and markets ovine or caprine animals;
  4. “New producer” means a producer who was not engaged in the business of producing ovine or caprine animals at the time a referendum was conducted in accordance with the provisions of KRS 247.6901 to 247.6957 ;
  5. “Marketing year” means from July 1 to June 30;
  6. “Purchaser” means any person buying, accepting for shipment, or otherwise acquiring the property in or to ovine or caprine animals from a producer, and shall include a mortgagee, pledgee, lienor, or other person, public or private, having a claim against the producer, when the actual or constructive possession of the ovine or caprine animals is taken as part payment or in satisfaction of a mortgage, pledge, lien, or claim;
  7. “Marketed” means any quantities that are sold, bartered, or for which other items of value are exchanged;
  8. “Net market price” means the sales price or other value received by a producer for ovine or caprine animals after adjustments have been made for any premium or discount based on grading or quality factors;
  9. “Association” means any commission, council, board, or other body;
  10. “Caprine” means of, or pertaining to, goats; and
  11. “Ovine” means of, or pertaining to, sheep.

History. Enact. Acts 1992, ch. 347, § 2, effective July 14, 1992; 2008, ch. 8, § 2, effective July 15, 2008.

247.6907. Activity not deemed restraint of trade.

No association meeting or activity undertaken to carry out the provisions of KRS 247.6901 to 247.6957 and intended to benefit all of the producers, handlers, dealers, and processors of ovine or caprine animals shall be deemed or considered illegal or in restraint of trade.

History. Enact. Acts 1992, ch. 347, § 3, effective July 14, 1992; 2008, ch. 8, § 3, effective July 15, 2008.

247.6911. Referendum among producers of ovine or caprine animals on levying assessment in public interest.

It is declared to be in the public interest and highly advantageous to the agricultural economy of the state that producers of ovine or caprine animals shall be permitted by referendum to be held among the respective groups and subject to the provisions of KRS 247.6901 to 247.6957 to levy upon themselves an assessment on ovine or caprine animals and provide for the collection of the assessment for the purpose of financing or contributing toward the financing of a program of research, market development, and education to increase the domestic and foreign consumption, use, sale, and markets for ovine or caprine animals; and for the prevention, modification, or elimination of trade barriers which obstruct the free flow of ovine or caprine animals to market.

History. Enact. Acts 1992, ch. 347, § 4, effective July 14, 1992; 2008, ch. 8, § 4, effective July 15, 2008.

247.6914. Application for assessment referendum.

  1. Any existing association which is fairly representative of the ovine and caprine animal producers of Kentucky may at any time after July 15, 2008, make application to the State Board of Agriculture on forms prescribed by the board for certification and approval for the purpose of conducting a referendum among the producers of ovine or caprine animals upon the question of levying an assessment under the provisions of KRS 247.6901 to 247.6957 and collecting and utilizing the assessment for the purpose stated in the referendum. The application forms shall include, but not be limited to, the following:
    1. Applicant’s name;
    2. Applicant’s address;
    3. Date;
    4. Program to be undertaken for producers;
    5. Brief statement of how the program is to be implemented;
    6. Referendum to be conducted on a statewide basis;
    7. Proposed effective date of the program; and
    8. Signature of the applicant.
  2. The Commissioner shall publish the application through the medium of the public press in the state within ten (10) days of receipt of this application.

History. Enact. Acts 1992, ch. 347, § 5, effective July 14, 1992; 2008, ch. 8, § 5, effective July 15, 2008.

247.6917. Certified association authorized to hold referendum.

Upon being certified by the Commissioner, the association shall be fully authorized to hold and conduct on the part of the producers of ovine or caprine animals a referendum on the question of whether or not the producers shall levy upon themselves an assessment under, and subject to, and for the purpose stated in KRS 247.6901 to 247.6957 . The referendum shall be conducted on a statewide basis.

History. Enact. Acts 1992, ch. 347, § 6, effective July 14, 1992; 2008, ch. 8, § 6, effective July 15, 2008.

247.6921. Referendum on statewide basis.

Any referendum conducted under the provisions of KRS 247.6901 to 247.6957 shall be held on a statewide basis. The referendum may be participated in by all ovine or caprine animal producers, including owners of farms on which ovine or caprine animals are produced, and tenants and sharecroppers sharing in the proceeds of ovine or caprine animals. In the referendum, individuals eligible for participation shall vote upon the question of whether or not there shall be levied an annual assessment in the amount set forth in the call for the referendum.

History. Enact. Acts 1992, ch. 347, § 7, effective July 14, 1992; 2008, ch. 8, § 7, effective July 15, 2008.

247.6924. Supervision of referendum by Commissioner — Expenses.

The manner, conduct, and management of any referendum held under the provisions of KRS 247.6901 to 247.6957 shall be under the supervision and direction of the Commissioner, and all expenses in connection with the referendum shall be borne by the association conducting the referendum.

History. Enact. Acts 1992, ch. 347, § 8, effective July 14, 1992; 2008, ch. 8, § 8, effective July 15, 2008.

247.6927. Commissioner to determine date and other details of referendum.

  1. With respect to any referendum conducted under the provisions of KRS 247.6901 to 247.6957 , the Commissioner shall, before calling and announcing the referendum, fix, determine, and publicly announce at least thirty (30) days before the date determined for the referendum, the date, hours, and polling places for voting in the referendum, the effective date of the assessment, if adopted, the amount and basis of the assessment proposed to be collected, the means by which the assessment shall be collected if authorized by the producers, and the general purposes to which the amount collected shall be applied.
  2. No annual assessment levied under the provisions of any referendum shall exceed one percent (1%) of the net marketed price per ovine or caprine animal marketed in the state during a marketing year by any producer included in the group to which the referendum was submitted or by any person subsequently becoming a new producer.

History. Enact. Acts 1992, ch. 347, § 9, effective July 14, 1992; 2008, ch. 8, § 9, effective July 15, 2008.

247.6931. Rules of referendum prescribed by Commissioner — Notice — Limit of assessment.

The date, hours, voting places, rules, and administrative regulations for the referendum shall be established and determined by the Commissioner and shall be published by the Commissioner through the medium of the public press in the Commonwealth of Kentucky at least thirty (30) days before the holding of the referendum, and direct written notice of the referendum shall also be given to each county or area agent in any county covered by the referendum. The notice shall also contain a statement of the amount of the assessment proposed to be levied, which assessment in any event shall not exceed one percent (1%) of the net marketed price per ovine or caprine animal, and shall also state the method by which the assessment shall be collected and how the proceeds shall be administered and the purposes to which the proceeds shall be applied, which purposes shall be in keeping with the provisions of KRS 247.6901 to 247.6957 .

History. Enact. Acts 1992, ch. 347, § 10, effective July 14, 1992; 2008, ch. 8, § 10, effective July 15, 2008.

247.6934. Ballots — Canvass and declaration of result.

The Commissioner shall prepare and distribute in advance of the referendum all necessary ballots and shall arrange for the necessary poll holders for conducting the referendum. Within ten (10) days following the referendum, the Commissioner shall canvass and publicly declare the result of the referendum.

History. Enact. Acts 1992, ch. 347, § 11, effective July 14, 1992; 2008, ch. 8, § 11, effective July 15, 2008.

247.6937. Effect of affirmative vote.

If, in the referendum called under the provisions of KRS 247.6901 to 247.6957 , a majority of the eligible producers who vote in the referendum vote in the affirmative and in favor of levying and collecting the assessment proposed in the referendum, the assessment shall be collected in the manner determined and announced by the association conducting the referendum.

History. Enact. Acts 1992, ch. 347, § 12, effective July 14, 1992; 2008, ch. 8, § 12, effective July 15, 2008.

247.6941. Notice of deduction required — Disposition of collections — Records.

  1. If a majority of the eligible producers in the referendum who vote in the referendum vote in favor of the assessment, the Commissioner shall notify, by certified mail, all persons engaged in the business of purchasing ovine or caprine animals in this state, that on and after the date specified in the letter, the specified assessment shall be deducted from the producer’s payment by the purchaser, or his agent or representative, from the net marketed price of the ovine or caprine animals.
  2. The assessment shall, on or before the fifteenth day of the month following the end of the month in which the ovine or caprine animals are sold to the purchaser, be remitted by the purchaser to the duly certified association which conducted the referendum.
  3. The books and records of all the purchasers of ovine or caprine animals shall at all times during regular business hours be open for inspection by the collection and compliance officer of the association which conducted the referendum, or the Commissioner or his duly authorized agents.

History. Enact. Acts 1992, ch. 347, § 13, effective July 14, 1992; 2008, ch. 8, § 13, effective July 15, 2008.

247.6944. Kentucky Sheep and Goat Council.

There is hereby established the Kentucky Sheep and Goat Council composed of four (4) members appointed by the certified association, two (2) members appointed by the Kentucky Farm Bureau Federation, Inc., and one (1) member appointed by the Commissioner. These appointments shall be for terms of two (2) calendar years and each appointing body shall promptly file with the Commissioner the names of its respective appointees.

History. Enact. Acts 1992, ch. 347, § 14, effective July 14, 1992; 2008, ch. 8, § 14, effective July 15, 2008.

247.6947. Use of assessment funds.

The funds, including donations from individuals, concerns, corporations, and grants from the state or governmental agencies, shall be used for the purpose of promoting and stimulating, by research, market development, and education, the increased use and sale, domestic and foreign, of ovine or caprine animals; and for the prevention, modification, or elimination of trade barriers which obstruct the free flow of ovine or caprine animals to market. None of these funds shall be used to lobby as defined in KRS 6.611 . The duly certified association receiving the assessment funds shall, upon the advice and consent of the Kentucky Sheep and Goat Council, use and disburse the funds as follows:

  1. The association may first refund to itself the costs and expenses incurred in the conduct of the referendum; and
  2. The association may spend or disburse the necessary funds for administrative costs and expenses as determined by the Kentucky Sheep and Goat Council, with the balance remaining to be used for the purposes provided in this section.

History. Enact. Acts 1992, ch. 347, § 15, effective July 14, 1992; 1993 (1st Ex. Sess.), ch. 4, § 69, effective September 16, 1993; 2008, ch. 8, § 15, effective July 15, 2008.

247.6951. Refunds.

If the referendum is carried in the affirmative and the assessment is levied and collected as provided, any producer upon and against whom the assessment has been levied and collected under the provisions of KRS 247.6901 to 247.6957 , if dissatisfied with the assessment and the result of the assessment, may demand of and receive from the treasurer of the certified association a refund of the assessment collected from the producer if the demand for refund is made in writing within thirty (30) days from the date on which the assessment is collected from the producer.

History. Enact. Acts 1992, ch. 347, § 16, effective July 14, 1992; 2008, ch. 8, § 16, effective July 15, 2008.

247.6954. Annual review of program — Termination.

  1. The board shall review the assessment program annually. If, at the end of each marketing year after the first marketing year of the assessment program, the board determines that twenty percent (20%) of the producers assessed have indicated their dissatisfaction with the program by demanding a refund of the assessment collected from them, the Commissioner shall conduct a referendum among the producers. If, upon the referendum, a majority of the eligible producers who vote in the referendum reject the program, it shall be terminated at the end of the marketing year in which the referendum was conducted; otherwise, the assessment program shall continue.
  2. If the duly certified association of ovine and caprine animal producers expresses in writing its desire to the Commissioner to discontinue the assessment program and terminate the program, the Commissioner shall within fifteen (15) days following receipt of the request convene the board to review and act on the request. The board, after reviewing the request and conducting whatever proceedings are deemed appropriate and necessary in connection with the request, may terminate the program effective at the end of the marketing year in which the board action is taken; and, in this event, the Commissioner shall notify, by certified mail, the purchasers of ovine and caprine animals affected by the termination of the program.

History. Enact. Acts 1992, ch. 347, § 17, effective July 14, 1992; 2008, ch. 8, § 17, effective July 15, 2008.

247.6957. Injunction against violations.

If, in the judgment of the board or the duly certified association, a purchaser has engaged in or is about to engage in any acts or practices that constitute a violation of any of the provisions of KRS 247.6901 to 247.6957 , the board or the duly certified association may make application to the Franklin Circuit Court for an order enjoining the act or acts or practices, and obtain a restraining order and preliminary injunction against the purchaser.

History. Enact. Acts 1992, ch. 347, § 18, effective July 14, 1992; 2008, ch. 8, § 18, effective July 15, 2008.

Burley Tobacco

247.710. Promotion of burley tobacco and burley tobacco products.

It is declared to be in the interest of the public welfare that Kentucky farmers who are producers of burley tobacco shall be permitted and encouraged to act jointly and in cooperation with all producers, handlers, dealers, and processors of burley tobacco in promoting and stimulating, by research, market development, and education, the increased production, use and sale, domestic and foreign, of burley tobacco and burley tobacco products.

History. Enact. Acts 1976, ch. 265, § 1.

Opinions of Attorney General.

KRS 247.710 to 247.785 is limited in scope to burley tobacco produced and sold in Kentucky by Kentucky farmers and thus is purely intrastate in scope and, therefore, tobacco produced in Kentucky but marketed out of the State and tobacco produced out of the State and marketed in Kentucky cannot be included in determining market quotas (checkoff) for assessment purposes under KRS 247.750 . OAG 76-452 .

247.715. Definitions for KRS 247.710 to 247.785.

As used in KRS 247.710 to 247.785 unless the context otherwise requires:

  1. “Association” means any commission, council, board, or other body;
  2. “Commissioner” means the Commissioner of Agriculture;
  3. “Board” means the State Board of Agriculture;
  4. “Producer” means every person who produces burley tobacco and thereafter causes the same to be marketed;
  5. “New producer” means a producer who was not engaged in the business of producing burley tobacco at the time a referendum was conducted in accordance with the provisions of KRS 247.710 to 247.785 ;
  6. “Person” means any individual, corporation, partnership, association, cooperative, or other business entity; and
  7. “Marketing quota” means each burley tobacco quota for which a marketing card is issued by the county agricultural stabilization conservation service office.

History. Enact. Acts 1976, ch. 265, § 2.

247.720. Association of producers not illegal.

No association meeting or activity undertaken in pursuance of the provisions of KRS 247.710 to 247.785 and intended to benefit all of the producers, handlers, and processors of burley tobacco shall be deemed or considered illegal or in restraint of trade.

History. Enact. Acts 1976, ch. 265, § 3.

247.725. Producers may by referendum impose assessment on products.

It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the state that producers of burley tobacco shall be permitted by referendum, to be held among such respective groups, and subject to the provisions of KRS 247.710 to 247.785 , to levy upon themselves an assessment on burley tobacco and provide for the collection of the same for the purpose of financing or contributing towards the financing of a program of research, market development and education to increase the domestic and foreign consumption, use, sale, and markets for burley tobacco and burley tobacco products.

History. Enact. Acts 1976, ch. 265, § 4.

247.730. Application by association for assessment — Forms.

  1. Any existing association which is fairly representative of burley tobacco in Kentucky, such as the Council for Burley Tobacco, may at any time after the enactment of KRS 247.710 to 247.785 make application to the State Board of Agriculture on forms prescribed by such board for certification and approval for the purpose of conducting a referendum among the producers of burley tobacco upon the question of levying an assessment under the provisions of KRS 247.710 to 247.785 , and collecting and utilizing the same for the purpose stated in such referendum. Such application forms shall include, but not be limited to, the following:
    1. Applicant’s name;
    2. Applicant’s address;
    3. Date;
    4. Program to be undertaken for producers;
    5. Brief statement of how the program is to be implemented;
    6. Referendum to be conducted on a statewide or area basis;
    7. Proposed effective date of the program;
    8. Geographic area, by counties, of producers to be affected by the program; and
    9. Signature of the applicant.
  2. Upon receipt of the application, the Commissioner shall publish the application through the medium of the public press in the state within ten (10) days of receipt thereof.

History. Enact. Acts 1976, ch. 265, § 5.

247.735. Certified association may hold referendum — Scope.

Upon being certified by the Commissioner of Agriculture, the association shall thereupon be fully authorized and empowered to hold and conduct on the part of the producers of burley tobacco a referendum on the question of whether or not such producers shall levy upon themselves an assessment under, and subject to, and for the purposes stated in KRS 247.710 to 247.785 . Such referendum may be conducted either on a statewide or area basis.

History. Enact. Acts 1976, ch. 265, § 6.

247.740. Referendum on area or statewide basis — Who may participate.

Any referendum conducted under the provisions of KRS 247.710 to 247.785 may be held either on an area or statewide basis, as may be determined by the duly certified association before the referendum is called; and such referendum, on an area or statewide basis, may be participated in by all burley tobacco producers, including owners of farms on which the burley tobacco is produced and tenants sharing in the proceeds of burley tobacco. In the referendum, individuals so eligible for participation shall vote upon the question of whether or not there shall be levied an assessment in the amount set forth in the call for the referendum.

History. Enact. Acts 1976, ch. 265, § 7.

247.745. Commissioner to supervise referendum — Expenses.

The manner, conduct, and management of any referendum held under the provisions of KRS 247.710 to 247.785 shall be under the supervision and direction of the Commissioner of Agriculture, and any and all expenses in connection therewith shall be borne by the association conducting the referendum.

History. Enact. Acts 1976, ch. 265, § 8.

247.750. Commissioner of Agriculture to determine polling places, details of assessment limits.

With respect to any referendum conducted under the provisions of KRS 247.710 to 247.785 , the Commissioner of Agriculture shall, before calling and announcing the referendum, fix, determine, and publicly announce at least thirty (30) days before the date determined for the referendum, the date, hours, and polling places for voting in the referendum, the effective date of the assessment, if adopted, the amount and basis of the assessment proposed to be collected, the means by which the assessment shall be collected if authorized by the producers, and the general purposes to which the amount so collected shall be applied. No assessment levied in any marketing year shall be less than fifty cents ($0.50) per marketing quota.

History. Enact. Acts 1976, ch. 265, § 9; 1990, ch. 257, § 1, effective July 13, 1990.

NOTES TO DECISIONS

1.Constitutionality of Referendum.

As a consequence of the disparity between the numbers of eligible producers voting in successive referenda required to adopt and to terminate or discontinue the assessment program, the votes of those producers who favor the assessment program is accorded substantially greater weight than votes of those persons in the same class of producers who are opposed to the program; thus the terms and conditions of KRS 247.780(1) effectively operate to deny the producers of burley tobacco who are opposed to an assessment program the equal protection of the law required by the Fourteenth Amendment to the Constitution of the United States, and the same contravenes Ky. Const., §§ 3 and 59; said subsection of the act is, therefore, discriminatory and void. Tabor v. Council for Burley Tobacco, Inc., 599 S.W.2d 466, 1980 Ky. App. LEXIS 319 (Ky. Ct. App. 1980).

Opinions of Attorney General.

KRS 247.710 to 247.785 is limited in scope to burley tobacco produced and sold in Kentucky by Kentucky farmers and thus is purely intrastate in scope and, therefore, tobacco produced in Kentucky but marketed out of the State and tobacco produced out of the State and marketed in Kentucky cannot be included in determining market quotas (checkoff) for assessment purposes under this section. OAG 76-452 .

247.755. Rules governing holding of referendum prescribed by Commissioner — Notice — Limit on assessment.

The hours, voting places, rules and regulations, and the area within which the referendum will be conducted shall be established and determined by the Commissioner of Agriculture; and referendum date, area, hours, voting places, rules and regulations with respect to the holding of the referendum shall be published by the Commissioner in accordance with the provisions of KRS Chapter 424. Direct written notice thereof shall likewise be given to each county or area agricultural extension agent in any county covered by the referendum. The notice shall contain a statement of the amount of the assessment proposed to be levied, and state the method by which the assessment shall be collected and how the proceeds thereof shall be administered and the purposes to which they shall be applied, which purposes shall be in keeping with the provisions of KRS 247.710 to 247.785 .

History. Enact. Acts 1976, ch. 265, § 10.

247.760. Preparation of question — Poll holders — Canvass and declaration of results.

The Commissioner of Agriculture shall prepare and distribute in advance of the referendum the question to be presented to the voters and shall arrange for the necessary poll holders for conducting the referendum. Following the referendum and within ten (10) days thereafter, the Commissioner shall canvass and publicly declare the result of the referendum.

History. Enact. Acts 1976, ch. 265, § 11; 1982, ch. 360, § 73, effective July 15, 1982.

247.765. Affirmative vote — Effect.

If, in such referendum called under the provisions of KRS 247.710 to 247.785 , a majority of the eligible producers in the area in which the referendum is conducted, who vote therein, shall vote in the affirmative and in favor of levying and collecting the assessment proposed in the referendum, then the assessment shall be collected in the manner determined and announced by the association conducting the referendum.

History. Enact. Acts 1976, ch. 265, § 12.

247.770. Notification to warehousemen, manufacturers and dealers of assessment — Remittance of assessment.

  1. In the event a majority of the eligible producers in the referendum who vote therein shall vote in favor of the assessment, then the Commissioner shall notify forthwith, by certified mail, every person licensed to operate a tobacco warehouse in the state, as well as every person who operates a tobacco manufacturing establishment and every tobacco dealer who buys burley tobacco directly from the producer, that on and after the date designated in the notice, which shall be not less than thirty (30) days nor more than sixty (60) days after the mailing of the notice by the Commissioner, the amount of the assessment shall be deducted by all sales markets or purchasers of burley tobacco or by their agents or representatives, from the purchase price paid the seller of burley tobacco.
  2. On or before the fifteenth day of each month all assessments deducted shall be remitted to the association certified by the assessment referendum.
  3. The books and records of all tobacco warehouses, tobacco manufacturers and tobacco dealer operators shall at reasonable times be open for inspection by the Commissioner or his duly authorized agents for the purpose of ascertaining the accuracy of the amounts remitted.

History. Enact. Acts 1976, ch. 265, § 13; 1980, ch. 114, § 51, effective July 15, 1980.

247.775. Refunds.

In the event the referendum is carried in the affirmative and the assessment is levied and collected as provided, any producer upon and against whom the assessment shall have been levied and collected under the provisions of KRS 247.710 to 247.785 , if dissatisfied with the assessment and the result thereof, shall have the right to demand of and receive from the treasurer of the certified association a refund of the assessment so collected from the producer; provided, the demand for refund is made in writing within thirty (30) days from the date on which the assessment is collected from the producer.

History. Enact. Acts 1976, ch. 265, § 14.

247.780. Annual review of program — Referendum required, when — Termination.

  1. The board shall review the assessment program annually. If, at the end of any year after the first year of the assessment program, the board has reason to believe that a majority of producers are not in favor of the program, the Commissioner may conduct a referendum among the producers in the area or if the board determines that fifty percent (50%) of the producers in the referendum area are not participating in the program, the Commissioner shall then conduct a referendum among the producers in the area. If, upon the referendum, a majority of the producers in the area reject the program, it shall be terminated as of the end of the month in which the referendum for the area was conducted and held; otherwise, such assessment program shall continue in force and effect.
  2. If the certified association of producers expresses in writing its desire to the Commissioner to discontinue the assessment program and terminate it, the Commissioner shall within fifteen (15) days following receipt of the request convene the board to review and act on the request. The board, after reviewing the request and conducting whatever proceedings are deemed appropriate and necessary in connection with the request, may terminate the program effective at the end of the month in which the board action is taken; and in this event the Commissioner shall notify by certified mail all operators of tobacco warehouses, tobacco manufacturers, or tobacco dealers of the termination of the program.
  3. If the certified association requests in writing to the Commissioner to hold a referendum on the question of increasing the assessment within the limits of KRS 247.710 to 247.785 , the Commissioner shall within fifteen (15) days of the receipt of the request convene the board to review and act on the request. The board, after reviewing the request and conducting whatever proceedings are deemed appropriate and necessary with the request, shall, if the request is approved, conduct a referendum in accordance with the provisions of KRS 247.710 to 247.785 .

History. Enact. Acts 1976, ch. 265, § 15; 1980, ch. 114, § 52, effective July 15, 1980.

NOTES TO DECISIONS

1.Constitutionality of Referendum.

As a consequence of the disparity between the numbers of eligible producers voting in successive referenda required to adopt and to terminate or discontinue the assessment program, the votes of those producers who favor the assessment program is accorded substantially greater weight than votes of those persons in the same class of producers who are opposed to the program; thus the terms and conditions of subsection (1) of this section effectively operate to deny the producers of burley tobacco who are opposed to an assessment program the equal protection of the law required by the Fourteenth Amendment to the Constitution of the United States, and the same contravenes Ky. Const., §§ 3 and 59; said subsection of the act is, therefore, discriminatory and void. Tabor v. Council for Burley Tobacco, Inc., 599 S.W.2d 466, 1980 Ky. App. LEXIS 319 (Ky. Ct. App. 1980).

247.785. Injunction against violations.

Whenever in the judgment of the board or the duly certified association, an operator of a tobacco warehouse, tobacco manufacturing establishment, or tobacco dealer has engaged in or is about to engage in any acts or practices that constitute a violation of any of the provisions of KRS 247.710 to 247.785 , the board or the duly certified association may make application to the Franklin Circuit Court for an order enjoining such act or practices and obtain a restraining order and preliminary injunction against the operator.

History. Enact. Acts 1976, ch. 265, § 16.

Assessment for Promotion of Pork Industry

247.7900. Definitions for KRS 247.7900 to 247.7928.

As used in KRS 247.7900 to 247.7928 , unless the context otherwise requires:

  1. “Association” means any commission, council, board, or other body;
  2. “Producer” means every person who produces and markets porcine animals; and
  3. “New producer” means a producer who was not engaged in the business of producing porcine animals at the time a referendum was conducted in accordance with the provisions of KRS 247.7900 to 247.7928 .

History. Enact. Acts 2004, ch. 2, § 1, effective July 13, 2004.

247.7902. Association of producers not illegal or in restraint of trade.

No association meeting or activity undertaken to carry out the provisions of KRS 247.7900 to 247.7928 and intended to benefit all of the producers, handlers, and processors of porcine animals shall be deemed or considered illegal or in restraint of trade.

History. Enact. Acts 2004, ch. 2, § 2, effective July 13, 2004.

247.7904. Application for assessment referendum — Contents of form — Publication.

  1. Any existing association which is fairly representative of the porcine animal producers of Kentucky may at any time after the enactment of KRS 247.7900 to 247.7928 make application to the State Board of Agriculture on forms prescribed by the board for certification and approval for the purpose of conducting a referendum among the producers of porcine animals upon the question of levying an assessment under the provisions of KRS 247.7900 to 247.7928 , and for collecting and utilizing the assessment for the purpose stated in the referendum. The application forms shall include, but not be limited to, the following:
    1. Applicant’s name;
    2. Applicant’s address;
    3. Date;
    4. Program to be undertaken for producers;
    5. Brief statement of how the program is to be implemented;
    6. Referendum to be conducted on a statewide or areawide basis;
    7. Proposed effective date of the program;
    8. Geographic area, by counties, of producers to be affected by the program; and
    9. Signature of the applicant.
  2. The Commissioner shall publish the application through the medium of the public press in the state within ten (10) days of receipt of the application.

History. Enact. Acts 2004, ch. 2, § 3, effective July 13, 2004.

247.7906. Certified association authorized to hold referendum.

Upon being certified by the Commissioner, the association shall be fully authorized and empowered to hold and conduct on the part of the producers of porcine animals a referendum on the question of whether or not the producers shall levy upon themselves an assessment under, and subject to, and for the purposes stated in KRS 247.7900 to 247.7928 . The referendum may be conducted either on a statewide or areawide basis.

History. Enact. Acts 2004, ch. 2, § 4, effective July 13, 2004.

247.7908. Referendum on area or statewide basis — Participation eligibility.

Any referendum conducted under the provisions of KRS 247.7900 to 247.7928 may be held either on an areawide or statewide basis, as determined by the duly certified association before the referendum is called. The referendum may be participated in by all porcine animal producers, including owners of farms on which porcine animals are produced and tenants sharing in the proceeds of porcine animals. In the referendum, individuals eligible for participation shall vote upon the question of whether or not there shall be levied an assessment in the amount set forth in the call for the referendum.

History. Enact. Acts 2004, ch. 2, § 5, effective July 13, 2004.

247.7910. Supervision of referendum by Commissioner — Expenses.

The manner, conduct, and management of any referendum held under the provisions of KRS 247.7900 to 247.7928 shall be under the supervision and direction of the Commissioner, and all expenses in connection with the referendum shall be borne by the association conducting the referendum.

History. Enact. Acts 2004, ch. 2, § 6, effective July 13, 2004.

247.7912. Commissioner to determine date, hours, polling places for voting, and details of assessment — Uses and limitations of assessment.

  1. With respect to any referendum conducted under the provisions of KRS 247.7900 to 247.7928 , the Commissioner shall, before calling and announcing the referendum, fix, determine, and publicly announce at least thirty (30) days before the date determined for the referendum, the date, hours, and polling places for voting in the referendum, the effective date of the assessment, if adopted, the amount and basis of the assessment proposed to be collected, the means by which the assessment shall be collected if authorized by the producers, and the general purposes to which any amount collected shall be applied.
  2. Any assessment levied by any referendum conducted under the provisions of KRS 247.7900 to 247.7928 shall be used for the purpose of financing or contributing towards the financing of a program of research, market development, and education to increase the domestic and foreign consumption, use, sale, and markets for porcine animals and porcine animal products.
  3. No assessment levied by any referendum conducted under the provisions of KRS 247.7900 to 247.7928 shall exceed fifty cents ($0.50) per hundred dollars ($100) worth of sales on porcine animals marketed in the state by any producer included in the group to which the referendum was submitted or by any person subsequently becoming a new producer in the area in which the referendum was held.

History. Enact. Acts 2004, ch. 2, § 7, effective July 13, 2004.

247.7914. Effect of federal law on KRS 247.7900 to 247.7928.

  1. No assessment levied under KRS 247.7912 shall be effective as long as the Federal Pork Promotion, Research, and Consumer Information Act of 1985 is in effect.
  2. If the federal act is terminated or suspended, any assessment levied under KRS 247.7912 shall become effective and shall be collected and utilized according to the provisions of KRS 247.7900 to 247.7928 .

History. Enact. Acts 2004, ch. 2, § 8, effective July 13, 2004.

Research References and Practice Aids

Cross-References.

The Federal Pork Promotion, Research, and Consumer Information Act of 1985, referred to in this section, is compiled at 7 USCS §§ 4801, et seq.

247.7916. Rules governing holding of referendum prescribed by Commissioner — Notice.

The hours, voting places, rules and regulations, and the area within which the referendum will be conducted shall be established and determined by the Commissioner. The referendum date, area, hours, voting places, and rules and regulations with respect to the holding of the referendum shall be published by the Commissioner through the medium of the public press in the Commonwealth of Kentucky at least thirty (30) days before the holding of the referendum, and direct written notice shall also be given to each county or area agricultural extension agent in any county covered by the referendum. The notice shall also contain a statement of the amount of the assessment proposed to be levied, and shall state the method by which the assessment shall be collected and how the proceeds from the assessment shall be administered and the purposes to which the proceeds shall be applied, which purposes shall be in keeping with the provisions of KRS 247.7900 to 247.7928 .

History. Enact. Acts 2004, ch. 2, § 9, effective July 13, 2004.

247.7918. Preparation of question — Poll holders — Canvass and declaration of results.

The Commissioner shall prepare and distribute in advance of the referendum the question to be presented to the voters and shall arrange for the necessary poll holders for conducting the referendum. Within ten (10) days following the referendum, the Commissioner shall canvass and publicly declare the result of the referendum.

History. Enact. Acts 2004, ch. 2, § 10, effective July 13, 2004.

247.7920. Effect of affirmative vote.

If, in the referendum called under the provisions of KRS 247.7900 to 247.7928 , a majority of the eligible producers in the area in which the referendum is conducted, who vote in the referendum, vote in the affirmative and in favor of levying and collecting the assessment proposed in the referendum, then the assessment shall be collected in the manner determined and announced by the association conducting the referendum.

History. Enact. Acts 2004, ch. 2, § 11, effective July 13, 2004.

247.7922. Notice of deduction required — Disposition of collections — Records.

  1. If a majority of the eligible producers who vote in the referendum vote in favor of the assessment, then the Commissioner shall notify by certified mail every person licensed to operate a livestock market in the state, and every person who operates a meat packing or slaughter establishment which buys porcine animals directly from the producer, that on and after the date designated in the notice, which shall be not less than thirty (30) days nor more than sixty (60) days after the mailing of the notice by the Commissioner, the amount of the assessment shall be deducted by all sales markets or purchasers of porcine animals, or by their agents or representatives, from the purchase price paid the seller of porcine animals.
  2. On or before the fifteenth day of each month, all assessments deducted shall be remitted to the association certified by the assessment referendum, less three percent (3%) which may be retained to compensate the livestock market operator, meat packer, or slaughter establishment operator for the expense of collecting and remitting the assessment.
  3. The books and records of all livestock market operators, meat packers, and slaughter establishment operators shall at all times during regular business hours be open for inspection by the Commissioner or his duly authorized agents for the purpose of ascertaining the accuracy of the amounts remitted.

History. Enact. Acts 2004, ch. 2, § 12, effective July 13, 2004.

247.7924. Refund of assessment collected from producer.

If the referendum is carried in the affirmative and the assessment is levied and collected as provided, any producer upon and against whom the assessment has been levied and collected under the provisions of KRS 247.7900 to 247.7928 , if dissatisfied with the assessment and the result of the assessment, shall have the right to demand of and receive from the treasurer of the certified association a refund of the assessment collected from the producer if the demand for refund is made in writing within thirty (30) days from the date on which the assessment is collected from the producer.

History. Enact. Acts 2004, ch. 2, § 13, effective July 13, 2004.

247.7926. Annual review of assessment program — Referendum required, when — Termination of program.

  1. The board shall review the assessment program annually. If, at the end of each year after the first year of the assessment program, the board determines that fifty percent (50%) of the producers in the referendum area are not participating in the program, the Commissioner shall then conduct a referendum among the producers in the area. If, after holding the referendum, a majority of the producers in the area reject the program, it shall be terminated as of the end of the month in which the referendum for the area was conducted and held; otherwise, the assessment program shall continue in effect.
  2. If the certified association of producers expresses in writing its desire to the Commissioner to discontinue the assessment program and terminate the program, the Commissioner shall, within fifteen (15) days following receipt of the request, convene the board to review and act on the request. The board, after reviewing the request and conducting whatever proceedings are deemed appropriate and necessary in connection with the request, may terminate the program effective at the end of the month in which the board action is taken. If the program is terminated, the Commissioner shall notify, by certified mail, all operators of a livestock market, meat packing establishment, or slaughter establishment of the termination of the program.
  3. If the certified association requests the Commissioner, in writing, to hold a referendum on the question of increasing the assessment within the limits of KRS 247.7900 to 247.7928 , the Commissioner shall, within fifteen (15) days of the receipt of the request, convene the board to review and act on the request. The board, after reviewing the request and conducting whatever proceedings are deemed appropriate and necessary with the request, shall, if the request is approved, conduct a referendum in accordance with the provisions of KRS 247.7900 to 247.7928 .

History. Enact. Acts 2004, ch. 2, § 14, effective July 13, 2004.

247.7928. Injunction against violations.

If, in the judgment of the board or the duly certified association, an operator of a livestock market, meat packing establishment, or slaughter establishment has engaged in or is about to engage in any acts or practices that constitute a violation of any of the provisions of KRS 247.7900 to 247.7928 , the board or the duly certified association may make application to the Franklin Circuit Court for an order enjoining the act, or acts, or practices and obtain a restraining order and preliminary injunction against the operator.

History. Enact. Acts 2004, ch. 2, § 15, effective July 13, 2004.

Agritourism

247.800. Agritourism program — Purposes.

The Department of Agriculture shall manage an agritourism program to be housed in the Office of Agricultural Marketing in the Department of Agriculture. It shall be the purpose of the agritourism program to:

  1. Promote agritourism in Kentucky to potential visitors, both national and international; and
  2. Assist in sustaining the viability and growth of the agritourism industry in Kentucky.

History. Enact. Acts 2002, ch. 250, § 1, effective July 15, 2002; 2004, ch. 88, § 3, effective July 13, 2004; 2005, ch. 26, § 2, effective June 20, 2005; 2005, ch. 95, § 48, effective June 20, 2005; 2009, ch. 16, § 63, effective June 25, 2009; 2012, ch. 100, § 4, effective July 12, 2012; 2018 ch. 3, § 4, effective July 14, 2018; 2022 ch. 215, § 2, effective July 14, 2022.

247.801. Definitions for KRS 247.800 to 247.810.

As used in KRS 247.800 to 247.810 :

  1. “Agritourism” means the act of visiting:
    1. A farm or ranch; or
    2. Any agricultural, horticultural, or agribusiness operation;

      for the purpose of enjoyment, education, or active involvement in the activities of the farm, ranch, or operation;

  2. “Agritourism activity” means any activity that:
    1. Is carried out on a farm, ranch, agricultural operation, horticultural operation, or agribusiness operation; and
    2. Allows or invites participants to view or participate in activities for recreational, entertainment, or educational purposes. Qualifying activities may include farming, ranching, historic, cultural, civic, or ceremonial activities, including but not limited to weddings and ancillary events; harvest-your-own operations; farmers” markets; or natural resource-based activities. The activities may qualify as agritourism activities whether or not a participant pays to view or to participate in the activity;
  3. “Agritourism building” means any building or structure or any portion thereof that is used for one (1) or more agritourism activities;
  4. “Agritourism professional” means any person, including employees or authorized agents acting on behalf of the agritourism professional, who is engaged in the business of providing one (1) or more agritourism activities;
  5. “Inherent risks of agritourism activity” means those dangers or conditions that are an integral part of an agritourism activity, including certain hazards, such as surface or subsurface conditions; natural conditions of land, vegetation, or water; the behavior of wild or domestic animals; and the ordinary dangers of structures or equipment used in farming and ranching operations; and
  6. “Participant” means any person, other than the agritourism professional, who engages in an agritourism activity.

HISTORY: Enact. Acts 2012, ch. 100, § 1, effective July 12, 2012; 2017 ch. 185, § 2, effective June 29, 2017.

247.802. Duties of agritourism program.

The agritourism program shall perform all duties necessary to carry out the purposes of KRS 247.800 to 247.810 , including but not limited to:

  1. Coordinating efforts to educate the general public about the importance of Kentucky’s agricultural heritage and industry;
  2. Providing support, education, and resource materials for all interested persons, to include but not be limited to existing Kentucky agritourism businesses, displaced tobacco farmers and others engaged in agribusiness within the state, and other Kentuckians with the intent of developing an agritourism business. The agritourism program shall provide this assistance in the following areas, to include but not be limited to:
    1. Agritourism opportunities, networks, product development, and entrepreneurship;
    2. Agritourism funding opportunities, including but not limited to grants, loans, and partnerships; and
    3. Insurance and infrastructure concerns of the agritourism industry;
  3. Working and partnering with federal, state, and local organizations to carry out the purposes of KRS 247.800 to 247.810 ;
  4. Reporting to the Agritourism Advisory Council, as created in KRS 247.804 , annually or at the request of the chair; and
  5. Considering the recommendations of the Agritourism Advisory Council, in accordance with KRS 247.806(2).

History. Enact. Acts 2002, ch. 250, § 2, effective July 15, 2002; 2005, ch. 95, § 49, effective June 20, 2005; 2009, ch. 16, § 64, effective June 25, 2009; 2022 ch. 215, § 3, effective July 14, 2022.

247.804. Agritourism Advisory Council — Membership.

An Agritourism Advisory Council shall be established within the Department of Agriculture to advise and assist the agritourism program. The Agritourism Advisory Council shall be composed of:

  1. One (1) representative from each of the following entities:
    1. Department of Agriculture, appointed by the Commissioner of Agriculture;
    2. Tourism, Arts and Heritage Cabinet, appointed by the secretary of the cabinet;
    3. University of Kentucky College of Agriculture, Food and Environment, appointed by the dean;
    4. Kentucky Farm Bureau; and
    5. Kentucky Chamber of Commerce;
  2. The Governor, or a designee;
  3. Two (2) members of the General Assembly who hold an interest in agriculture, one (1) appointed by the President of the Senate and one (1) appointed by the Speaker of the House of Representatives; and
  4. Seven (7) representatives of agriculture or the agritourism industry, appointed by the Commissioner of Agriculture.

HISTORY: Enact. Acts 2002, ch. 250, § 3, effective July 15, 2002; 2005, ch. 95, § 50, effective June 20, 2005; 2006, ch. 66, § 1, effective July 12, 2006; 2006, ch. 211, § 126, effective July 12, 2006; 2009, ch. 11, § 64, effective June 25, 2009; 2009, ch. 16, § 65, effective June 25, 2009; 2022 ch. 236, § 106, effective July 1, 2022; 2022 ch. 215, § 4, effective July 14, 2022.

Legislative Research Commission Notes.

(7/14/2022). This statute was amended by 2022 Ky. Acts chs. 215 and 236. Ch. 236 combined the Education and Workforce Development Cabinet and Labor Cabinet and amended all applicable statutes to remove each and every existing reference to either of those cabinets and insert the name of the successor agency, “Education and Labor Cabinet,” in its place. One such replacement was made in this section, but the amendment of this section in ch. 215 removed the cabinet reference in its entirety, making the name update unnecessary.

(6/25/2009). This section was amended by 2009 Ky. Acts chs. 11 and 16, which do not appear to be in conflict and have been codified together.

247.806. Duties of Agritourism Advisory Council.

The duties of the Agritourism Advisory Council shall include but not be limited to the following:

  1. Review and make recommendations on the development of agritourism marketing, based upon the report from the agritourism program in accordance with KRS 247.802 ; and
  2. Make recommendations to the agritourism program as necessary, in keeping with the program’s purposes stated in KRS 247.800 .

History. Enact. Acts 2002, ch. 250, § 4, effective July 15, 2002; 2022 ch. 215, § 5, effective July 14, 2022.

247.808. Members of Agritourism Advisory Council appointed by Commissioner — Terms — Chair — Meetings — Vacancies — Compensation.

  1. Members of the Agritourism Advisory Council appointed by the Commissioner of Agriculture shall be appointed for four (4) year terms. Sitting members shall be eligible for reappointment.
  2. The Agritourism Advisory Council shall elect a chair and vice chair from its membership.
  3. The Agritourism Advisory Council shall meet annually or at the request of the chair. A quorum of the council shall consist of eight (8) members, and a majority of members present at any duly called meeting may act upon any matter before it for consideration.
  4. In the event of a vacancy, the appropriate appointing entity may appoint a replacement member who shall hold office during the remainder of the term so vacated.
  5. Members of the Agritourism Advisory Council shall serve without compensation.

History. Enact. Acts 2002, ch. 250, § 5, effective July 15, 2002; 2012, ch. 100, § 5, effective July 12, 2012; 2022 ch. 215, § 6, effective July 14, 2022.

247.809. Liability of agritourism professionals — Protection — Defenses — Damages.

  1. Except as provided in subsection (2) of this section:
    1. An agritourism professional is not liable for injury to or death of a participant resulting exclusively from the inherent risks of agritourism activities, so long as:
      1. The warning contained in KRS 247.8091 is posted as required; or
      2. The agritourism professional has a signed release from the participant indicating that the participant has received written notice of the warning contained in KRS 247.8091 ; and
    2. No participant or participant’s representative can maintain an action against or recover from an agritourism professional for injury, loss, damage, or death of the participant resulting exclusively from any of the inherent risks of agritourism activities. In any action for damages against an agritourism professional for agritourism activities, the agritourism professional shall plead the affirmative defense of assumption of the risk of agritourism activities by the participant.
  2. Nothing in subsection (1) of this section prevents or limits the liability of an agritourism professional if the agritourism professional:
    1. Commits an act or omission that constitutes negligence or willful or wanton disregard for the safety of the participant, and that act or omission proximately causes injury, loss, damage, or death to the participant; or
    2. Has actual knowledge or reasonably should have known of:
      1. A dangerous condition on the land, facilities, or equipment used in the activity; or
      2. The dangerous propensity of a particular animal used in the activity;

        and does not make the danger known to the participant, and the danger proximately causes injury, loss, damage, or death to the participant.

  3. Any limitation on legal liability afforded by this section to an agritourism professional is in addition to any other limitations of legal liability otherwise provided by law.

History. Enact. Acts 2012, ch. 100, § 2, effective July 12, 2012.

247.8091. Warning notices to be posted where agritourism activities are conducted.

  1. Every agritourism professional shall post and maintain signs that contain the warning notice specified in subsection (2) of this section. The signs shall be placed in a clearly visible location at the entrance to the agritourism location and at the site of the agritourism activity. The warning notice shall consist of a sign in black letters, with each letter to be a minimum of one (1) inch in height. Every written contract entered into by an agritourism professional for the provision of professional services, instruction, or the rental of equipment to a participant, whether or not the contract involves agritourism activities on or off the location or at the site of the agritourism activity, shall contain in clearly readable print the warning notice specified in subsection (2) of this section.
  2. The signs and contracts described in subsection (1) of this section shall contain the following notice of warning:

    “WARNING

    Under Kentucky law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if the injury or death results exclusively from the inherent risks of the agritourism activity and in the absence of negligence. You are assuming the risk of participating in this agritourism activity.”

  3. Failure to comply with the requirements concerning warning signs and notices provided in this section shall prevent an agritourism professional from invoking the privileges of immunity provided by KRS 247.809 .

History. Enact. Acts 2012, ch. 100, § 3, effective July 12, 2012.

247.810. Administrative regulations relating to KRS 247.800 to 247.810.

The Department of Agriculture shall promulgate administrative regulations in accordance with KRS Chapter 13A, as necessary to implement the provisions of KRS 247.800 to 247.810 .

History. Enact. Acts 2002, ch. 250, § 6, effective July 15, 2002; 2005, ch. 95, § 51, effective June 20, 2005; 2009, ch. 16, § 66, effective June 25, 2009; 2022 ch. 215, § 7, effective July 14, 2022.

Assessment for Promotion of Egg Industry

247.850. Purpose.

It is declared to be in the interest of the public welfare that all handlers, dealers, processors, wholesalers, and retailers of eggs shall be permitted and encouraged to act jointly in promoting and stimulating the increased production, use and sale, domestic and foreign, of eggs through research, market development, and education.

History. Enact. Acts 1980, ch. 120, § 1, effective July 15, 1980.

247.851. Definitions for KRS 247.852 to 247.865.

As used in KRS 247.852 to 247.865 unless the context otherwise requires:

  1. “Board” means the State Board of Agriculture;
  2. “Commissioner” means the Commissioner of Agriculture;
  3. “Dealer” means a person, organization, or cooperative engaged in the business of buying eggs from producers, either on his own account or as an agent, and selling or transferring eggs by the case to a wholesaler, processor, retailer, or other person;
  4. “Handler” means a dealer, processor, or wholesaler;
  5. “Person” means any individual, firm, partnership, corporation, company, or association, and shall include any trustee, receiver or similar representative;
  6. “Processor” means a person who operates a plant for the purpose of breaking eggs for freezing or drying;
  7. “Retailer” means any person selling or offering for sale eggs to consumers in this state; and
  8. “Wholesaler” means a person who assembles eggs in case lots and disposes of them in quantities to retailers, or through other distribution channels.

History. Enact. Acts 1980, ch. 120, § 2, effective July 15, 1980.

247.852. Activity not deemed restraint of trade.

No association meeting or activity undertaken in pursuance of the provisions of KRS 247.850 to 247.865 and intended to benefit all of the producers, retailers, and handlers of eggs shall be deemed or considered illegal or in restraint of trade.

History. Enact. Acts 1980, ch. 120, § 3, effective July 15. 1980.

247.853. Referendum levying assessment.

It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the state that handlers of eggs shall be permitted by referendum to be held subject to the provisions of KRS 247.850 to 247.865 to levy upon themselves an assessment on eggs and provide for the collection of the same for the purpose of financing or contributing towards the financing of a program of research, market development, and education to increase the domestic and foreign consumption, use, sale and markets for eggs.

History. Enact. Acts 1980, ch. 120, § 4, effective July 15, 1980.

247.854. Application for assessment referendum — Contents of form — Publication.

  1. Any existing association which is fairly representative of the handlers of eggs in the state, such as the Kentucky Poultry Federation, Inc., may at any time after the enactment of KRS 247.850 to 247.865 make application to the State Board of Agriculture on forms prescribed by the board for certification and approval for the purpose of conducting a referendum among the handlers of eggs upon the question of levying an assessment under the provisions of KRS 247.850 to 247.865 and collecting and utilizing the same for the purpose stated in the referendum. Such application forms shall include, but not be limited to, the following:
    1. Applicant’s name;
    2. Applicant’s address;
    3. Date;
    4. Program to be undertaken for producers, retailers, and handlers;
    5. Brief statement of how the program is to be implemented;
    6. Referendum to be conducted on a statewide or an area basis;
    7. Proposed effective date of the program;
    8. Geographic area, by counties, of handlers to be affected by the program; and
    9. Signature of the applicant.
  2. Upon receipt of the application, the commissioner shall publish the application through the medium of the public press in the state within ten (10) days of receipt thereof.

History. Enact. Acts 1980, ch. 120, § 5, effective July 15, 1980.

247.855. Certified association authorized to hold referendum.

Upon being so certified by the Commissioner of Agriculture, the association shall thereupon be fully authorized and empowered to hold and conduct on the part of the handlers of eggs a referendum on the question of whether or not such handlers shall levy upon themselves an assessment under, and subject to, and for the purpose stated in KRS 247.850 to 247.865 . Such referendum may be conducted either on a statewide or an area basis.

History. Enact. Acts 1980, ch. 120, § 6, effective July 15, 1980.

247.856. Referendum on area or statewide basis — Participation eligibility.

Any referendum conducted under the provisions of KRS 247.850 to 247.865 may be held either on an area or a statewide basis, as may be determined by such duly certified association before the referendum is called; and the referendum on an area or a statewide basis, may be participated in by all handlers of eggs. In the referendum, individuals so eligible for participation shall vote upon the question of whether or not there shall be levied an annual assessment in the amount set forth in the call for the referendum.

History. Enact. Acts 1980, ch. 120, § 7, effective July 15, 1980.

247.857. Supervision of referendum by Commissioner — Expenses.

The manner, conduct and management of any referendum held under the provisions of KRS 247.850 to 247.865 shall be under the supervision and direction of the Commissioner of Agriculture, and any and all expenses in connection therewith shall be borne by the association conducting the referendum.

History. Enact. Acts 1980, ch. 120, § 8, effective July 15, 1980.

247.858. Commissioner to determine date, hours, polling places for voting and details of assessment — Limits.

With respect to any referendum conducted under the provisions of KRS 247.850 to 247.865 , the Commissioner of Agriculture shall, before calling and announcing the referendum, fix, determine and publicly announce at least thirty (30) days before the date determined for the referendum, the date, hours and polling places for voting in the referendum, the effective date of the assessment, if adopted, the amount and basis of the assessment proposed to be collected, the means by which such assessment shall be collected if authorized by the handlers, and the general purposes to which the amount so collected shall be applied. No assessment levied under the provisions of any referendum shall exceed one cent ($0.01) for each fifteen (15) dozen lot of eggs or portion thereof bought or sold by a handler.

History. Enact. Acts 1980, ch. 120, § 9, effective July 15, 1980.

247.859. Details of and rules governing referendum prescribed by Commissioner — Notice.

The hours, voting places, rules and regulations, and the area within which the referendum will be conducted shall be established and determined by the Commissioner of Agriculture. The said referendum date, area, hours, voting places, and rules and regulations with respect to the holding of the referendum shall be published by the Commissioner through the medium of the public press in the state at least thirty (30) days before holding the referendum, and direct written notice thereof shall likewise be given to each county or area agent in any county covered by the referendum. Such notice shall likewise contain a statement of the amount of the assessment proposed to be levied, which assessment in any event shall not exceed one cent ($0.01) for each fifteen (15) dozen lot of eggs or portion thereof bought or sold by a handler, and shall likewise state the method by which such assessment shall be collected and how the proceeds thereof shall be administered and the purposes to which the same shall be applied, which purposes shall be in keeping with the provisions of KRS 247.850 to 247.865 .

History. Enact. Acts 1980, ch. 120, § 10, effective July 15, 1980.

247.860. Preparation of question — Poll holders — Canvass and declaration of results.

The Commissioner shall likewise prepare and distribute in advance of the referendum the question to be presented to the voters and shall arrange for the necessary poll holders for conducting the referendum. Following the referendum and within ten (10) days thereafter, the Commissioner shall canvass and publicly declare the result of the referendum.

History. Enact. Acts 1980, ch. 120, § 11, effective July 15, 1980; 1982, ch. 360, § 74, effective July 15, 1982.

247.861. Effect of affirmative vote.

If, in the referendum called under the provisions of KRS 247.850 to 247.865 , a majority of the eligible handlers in the area in which the referendum is conducted, who vote therein, shall vote in the affirmative and in favor of levying and collecting the assessment proposed in the referendum, then such assessment shall be collected in the manner determined and announced by the association conducting the referendum.

History. Enact. Acts 1980, ch. 120, § 12, effective July 15, 1980.

247.862. Notice as to deduction required — Use of funds collected — Records to be open for inspection.

In the event a majority of the eligible handlers in the referendum who vote therein shall vote in favor of the assessment, then the Commissioner shall notify forthwith, by registered or certified mail, all handlers of eggs engaged in the business of purchasing or selling eggs in this state, that on and after the date specified in such letter, the specified assessment shall be in effect. The assessment shall, on or before the fifteenth day of the month following the end of the month in which the handler purchased or sold eggs, be remitted to the duly certified association which conducted the referendum. Such funds, including donations from individuals, concerns, corporations and grants from state or governmental agencies, shall be used for the purpose of promoting and stimulating by advertising, research and other methods the increased production, use and sale, domestic and foreign, of eggs. The books and records of all handlers shall at all times be open for inspection by the Commissioner or his duly authorized agents during regular business hours.

History. Enact. Acts 1980, ch. 120, § 13, effective July 15, 1980.

247.863. Refund of assessment collected.

In the event the referendum is carried in the affirmative and the assessment is levied and collected as provided, any handler upon and against whom such assessment shall have been levied and collected under the provisions of KRS 247.850 to 247.865 , if dissatisfied with said assessment and the result thereof, shall have the right to demand of and receive from the treasurer of the certified association a refund of the assessment collected; provided, such demand for refund is made in writing within thirty (30) days from the date on which the assessment is collected from the handler.

History. Enact. Acts 1980, ch. 120, § 14, effective July 15, 1980.

247.864. Annual review of assessment program — Termination of program.

  1. The board shall review the assessment program annually. If, at the end of each year after the first year of the assessment program, the board determines that there is dissatisfaction with the program, the Commissioner shall then conduct a referendum among the handlers in the area. If upon the referendum, a majority of the handlers voting in the area reject the program, it shall be terminated at the end of the year in which the referendum for the area was conducted; otherwise, the assessment program shall continue in force and effect.
  2. If the duly certified association expresses in writing its desire to the Commissioner to discontinue the assessment program and terminate the program, the Commissioner shall within fifteen (15) days following receipt of the request convene the board to review and act on the request. The board, after reviewing the request and conducting whatever proceedings are deemed appropriate and necessary in connection with the request, may terminate the program effective at the end of the year in which the board action is taken; and, in this event, the Commissioner shall notify, by registered or certified mail, the handlers affected thereby of the termination of the program.

History. Enact. Acts 1980, ch. 120, § 15, effective July 15, 1980.

247.865. Injunction against violations.

Whenever in the judgment of the board or the duly certified association, a handler has engaged in or is about to engage in any acts or practices that constitute a violation of any of the provisions of KRS 247.850 to 247.864 , the board or the duly certified association may make application to the Franklin Circuit Court for an order enjoining such act, or acts or practices and obtain a restraining order and preliminary injunction against the handler.

History. Enact. Acts 1980, ch. 120, § 16, effective July 15, 1980.

Ratite Birds

247.870. Definition of “ratite” — Status of ratites as farm products and livestock.

  1. “Ratite” means members of a family of birds which have no keel and cannot fly. It includes ostriches, emus, rheas, kiwis, and cassowaries.
  2. Ratites are raised for the purpose of producing feathers, meat, hide, animal by-products, and breeding stock.
  3. Ratites and their products are farm products and livestock for purposes of financial transactions and collateral.
  4. Ratites are livestock and are not wild animals for purposes of hunting and wildlife laws.

History. Enact. Acts 1994, ch. 68, § 1, effective July 15, 1994.

Research References and Practice Aids

Cross-References.

Administrative regulations relating to health and disease control of ratites, KRS 257.315 .

Taxation of ratites for state purposes only, KRS 132.200 .

Sales and use taxes, exemption of ratites, KRS 139.480 .

Gasohol Production

247.900. Legislative purpose.

It is declared to be in the interest of the public welfare that Kentucky farmers who are producers of grain which may be fermented to produce ethanol to be mixed with gasoline to make the fuel known as gasohol shall be permitted and encouraged to act jointly and in cooperation with all producers, handlers, dealers, and processors of grain in promoting and stimulating, by research, market development, and education, the increased production, use and sale, domestic and foreign, of grain for the aforementioned purpose of gasohol production.

History. Enact. Acts 1980, ch. 210, § 1, effective July 15, 1980.

247.910. Definitions.

For purposes of KRS 247.900 to 247.920 :

  1. “Alcohol production facility” shall mean and include any property or any facility which is not fueled by petroleum but fueled by Kentucky coal, or in the process of converting to the use of coal with the completion date to be in two (2) years or less, and designed, installed, or constructed as a component part of any commercial or industrial premises for the primary purpose of producing ethanol derived from agricultural products or by-products for use as a motor fuel;
  2. “Gasohol” means a fuel containing a mixture of gasoline and at least ten percent (10%) ethanol which is at least one hundred ninety-eight (198) proof for use in motor vehicles;
  3. “Alcohol production tax exemption certificate” shall mean that certificate issued by the Department of Revenue pursuant to KRS 247.920 ; and
  4. “Ethanol” means ethyl alcohol produced from grain or other agricultural products or by-products for use as a motor fuel.

History. Enact. Acts 1980, ch. 210, § 2, effective July 15, 1980; 1986, ch. 331, § 40, effective July 15, 1986; 1990, ch. 325, § 33, effective July 13, 1990; 2005, ch. 85, § 662, effective June 20, 2005.

247.920. Alcohol production exemption certificate.

  1. Application for an alcohol production exemption certificate shall be filed with the Department of Revenue in such manner and in such form as may be prescribed by regulations issued by the Department of Revenue and shall contain plans and specifications of the structure or structures, including all materials incorporated and to be incorporated therein and a descriptive list of all equipment acquired or to be acquired by the applicant for the purpose of producing ethanol for fuel use, and any additional information deemed necessary by the Department of Revenue for the proper administration of KRS 247.910 and this section. The Office of Energy Policy shall provide technical assistance and factual information as requested in writing by the Department of Revenue. If the Department of Revenue finds that the facility qualifies as an alcohol production facility as defined by KRS 247.910 , it shall enter a finding and issue a certificate to that effect. The effective date of the certificate shall be the date of issuance of the certificate.
  2. Before issuing an alcohol production tax exemption certificate, the Department of Revenue shall give notice in writing by mail to the Office of Energy Policy, and shall afford to the applicant and to the Office of Energy Policy an opportunity for a hearing. On like notice and opportunity for a hearing, the Department of Revenue shall on its own initiative revoke the certificate when any of the following appears:
    1. The certificate was obtained by fraud or misrepresentation;
    2. The holder of the certificate has failed substantially to proceed with the construction, reconstruction, installation, or acquisition of the alcohol production facilities; or
    3. The structure or equipment or both to which the certificate relates has ceased to be used for the primary purpose of alcohol production for fuel use and is being used for a different purpose.
  3. If the circumstances so require, the Department of Revenue, in lieu of revoking the certificate, may modify it.
  4. On mailing of notice of the action of the Department of Revenue revoking or modifying a certificate as provided in subsection (5) of this section, the certificate shall cease to be in force or shall remain in force only as modified as the case may require.
  5. An alcohol production tax exemption certificate, when issued, shall be sent by certified mail to the applicant and the notice of issuance in the form of certified copies thereof shall be sent to the Office of Energy Policy. Notice of an order of the Department of Revenue denying, revoking, or modifying a certificate in the form of certified copies thereof shall be sent by certified mail to the applicant or the holder and shall be sent to the Office of Energy Policy. The applicant or holder and the Office of Energy Policy shall be deemed parties for the purpose of the review afforded by subsection (6) of this section.
  6. Any party aggrieved by the issuance, refusal to issue, revocation, or modification of an alcohol production tax exemption certificate may appeal from the final ruling of the Department of Revenue to the Board of Tax Appeals pursuant to KRS 49.220 .
  7. In the event of the sale, lease, or other transfer of an alcohol production facility, not involving a different location or use, the holder of an alcohol production tax exemption certificate for the facility may transfer the certificate by written instrument to the person who, except for the transfer of the certificate, would be obligated to pay taxes on the facility. The transferee shall become the holder of the certificate and shall have all rights pertaining thereto, effective as of the date of transfer of the certificate. The transferee shall give written notice of the effective date of the transfer, together with a copy of the instrument of transfer to the Office of Energy Policy and the Department of Revenue.
  8. In the event an alcohol production facility for which an exemption certificate is held ceases to be used for the primary purpose of alcohol production for fuel use or is used for a different purpose other than that for which the exemption certificate was granted, the holder of the certificate shall give written notice by certified mail of the change to the Office of Energy Policy and to the Department of Revenue.
  9. The alcohol production facility exemption certificate, upon approval, shall exempt said facilities from taxes outlined in the provisions of KRS 247.910 and this section and included in KRS Chapters 132, 136, 138, and 139. Each exemption certificate shall remain in force for a period of eight (8) years from the date of issuance and at the end of said period shall lapse. Any alcohol production facility previously exempted under the terms of KRS 247.910 and this section shall not be eligible for recertification upon completion of the eight (8) year certificate period.

HISTORY: Enact. Acts 1980, ch. 210, § 3, effective July 15, 1980; 1986, ch. 331, § 41, effective July 15, 1986; 1990, ch. 325, § 34, effective July 13, 1990; 1994, ch. 277, § 9, effective July 15, 1994; 2000, ch. 2, § 9, effective July 14, 2000; 2005, ch. 85, § 663, effective June 20, 2005; 2006, ch. 152, § 10, effective July 12, 2006; 2010, ch. 24, § 601, effective July 15, 2010; 2017 ch. 74, § 97, effective June 29, 2017; 2018 ch. 29, § 63, effective July 14, 2018; 2021 ch. 185, § 86, effective June 29, 2021.

Kentucky Agricultural Finance Corporation

247.940. Legislative findings and purpose.

  1. The General Assembly hereby finds and declares that as a result of a variety of pressures, most notably the continual spiral of inflation and the increasingly serious effects of speculative land values, the opportunities in agriculture have been severely limited; that one of the major impediments to the purchase of agricultural land, machinery and equipment by farmers is their inability to secure adequate financing upon reasonable terms; and, that it is both necessary and desirable to institute policies and programs which will encourage agricultural pursuits from which the Commonwealth derives the numerous social, economic and environmental benefits which historically have proved beneficial to its citizens.
  2. The General Assembly hereby finds and declares further that private enterprise and investment have not been able to produce, without assistance, the capital necessary to permit the small, family farm operators to continue to compete successfully in agricultural enterprises or to permit enterprising individuals to become farmers.
  3. The General Assembly hereby finds and declares further that the purposes of KRS 247.940 to 247.978 are to provide a financing instrumentality more closely allied with the Department of Agriculture in order that the benefits intended hereunder may be more effectively administered to those engaged in agriculture and related enterprises.
  4. The General Assembly hereby finds and declares further that in order to accomplish the purposes herein set forth, the Kentucky Agricultural Finance Corporation shall be and constitute a de jure municipal corporation and political subdivision of the Commonwealth created for the purpose of performing essential public functions and serving the public purposes in improving and promoting the health, welfare and prosperity of the people of the Commonwealth through the stimulation of existing agricultural enterprises and the promotion of new agricultural ventures.

History. Enact. Acts 1984, ch. 374, § 1, effective April 11, 1984.

247.942. Definitions for KRS 247.940 to 247.978.

As used in KRS 247.940 to 247.978 , the following words and terms, unless the context clearly indicates a different meaning, shall have the following respective meanings:

  1. “Agricultural loan” means a loan made by a lending institution to any person for the purpose of financing agricultural diversification, woodland product production, and alternative crop production; land acquisition or improvement; soil conservation; irrigation; construction; renovation or expansion of buildings and facilities; purchase of farm fixtures, livestock, poultry, and fish of any kind; seeds; fertilizers; pesticides; feeds; machinery; equipment; containers or supplies or any other products employed in the production, cultivation, harvesting, storage, marketing, distribution, or export of agricultural products;
  2. “Applicant” means any person engaged in or proposing to be engaged in an agricultural endeavor or an agriculturally related business in Kentucky;
  3. “Board” means the board of directors of the corporation;
  4. “Bond resolution” or “resolution” means the formal document of the corporation authorizing its obligations;
  5. “Bonds” or “notes” means the bonds or bond anticipation notes authorized to be issued by the corporation under KRS 247.940 to 247.978 ;
  6. “Commissioner” means the Commissioner of Agriculture;
  7. “Commonwealth” means the Commonwealth of Kentucky;
  8. “Corporation” means the Kentucky Agricultural Finance Corporation created by KRS 247.944 ;
  9. “Governmental agency” means any city, county, or other political subdivision of the Commonwealth and any department, division, or public agency thereof, the federal government or any political subdivision of any other state and any nonprofit corporation or other entity legally empowered to act on behalf of any of the foregoing in the area of assistance to agriculture;
  10. “Issuing agency capacity” means the action of the corporation in authorizing revenue bonds for a qualified project in accordance with the provisions of KRS 103.210 to 103.285 in which the corporation’s liability is limited primarily to fiduciary duties;
  11. “Lending agency capacity” means the action of the corporation in participating directly or indirectly in the making of loans to or the purchasing of loans of qualified applicants;
  12. “Lending institution” means any bank, bank or trust company, or institutions of the farm credit system organized under the Farm Credit Act of 1971, 12 U.S.C. secs. 2001 et seq., as amended, building and loan association, homestead, insurance company, investment banker, mortgage banker or company, pension or retirement fund, savings bank or savings and loan association, small business investment company, credit union, the federal government, or any other financial institution authorized to do business in the Commonwealth of Kentucky or operating under the supervision of any federal agency or any corporation organized or operating pursuant to Section 25 of the Federal Reserve Act;
  13. “Obligations” means any bonds or notes authorized to be issued by the corporation under the provisions of KRS 247.940 to 247.978 ;
  14. “Project” means any undertaking to provide for the financing of the acquisition, construction, renovation, or improvement of land, buildings, machinery, equipment, and livestock in the area of agricultural enterprise; including but not limited to agricultural endeavors such as growing, storing, processing, warehousing, marketing, and distribution facilities in respect thereof or to provide for refinancing existing agricultural facilities;
  15. “Trust agreement” means an indenture by and between the corporation and the corporate trustee setting forth the rights and duties of each relating to the authorization, sale, issuance, delivery, and payment of the corporation’s obligations; and
  16. “Umbrella obligation” means bonds or notes issued by the corporation in its issuing agency capacity or its lending agency capacity under the provisions of KRS 247.940 to 247.978 , the proceeds of which may be used in the financing of multiple projects for two (2) or more applicants.

History. Enact. Acts 1984, ch. 374, § 2, effective April 11, 1984; 1986, ch. 331, § 42, effective July 15, 1986; 1986, ch. 452, § 2, effective July 15, 1986; 1990, ch. 440, § 1, effective July 13, 1990; 2004, ch. 41, § 4, effective July 13, 2004.

Compiler’s Notes.

The Federal Reserve Act, referred to in subsection (12) of this section, is compiled as 12 USCS § 221.

247.944. Kentucky Agricultural Finance Corporation — Board of directors — Executive director — Quorum — Expenses.

  1. There is hereby created and established the Kentucky Agricultural Finance Corporation which shall be attached to the Department of Agriculture.
  2. The corporation is created and established as a de jure municipal corporation and political subdivision of the Commonwealth to perform essential governmental and public functions and purposes in improving and otherwise promoting the health and general welfare of the people through the promotion of agriculture through the Commonwealth.
  3. The corporation shall be governed by a board of directors consisting of twelve (12) members, ten (10) of whom shall be appointed by the Commissioner. The other two (2) members shall be the Commissioner, who shall serve as chairperson, and the secretary of the Finance and Administration Cabinet. The Commissioner may designate a representative to serve as chairperson in the Commissioner’s absence.
  4. The Commissioner shall appoint ten (10) private members of the board to take office and to exercise all powers of the board immediately. The ten (10) directors of the corporation shall be appointed using staggered terms and shall be subject to confirmation as provided in KRS 11.160(2). Of the ten (10) private members of the board appointed by the Commissioner, two (2) may be officers from a commercial lending institution, one (1) may be an officer from a farm credit association, one (1) may be an agricultural economist, one (1) shall be a tobacco farmer, one (1) shall be a cash grain farmer, one (1) shall be a livestock farmer, one (1) shall be a dairy or poultry farmer, one (1) shall be a horticultural farmer, and one (1) shall be from the equine industry. To promote efficient use of agricultural resources and coordination among agricultural leaders, the Commissioner shall appoint a member from the Agricultural Development Board, who meets the qualifications for one (1) of the positions set out in this subsection, to one (1) of the ten (10) board positions governing the Kentucky Agricultural Finance Corporation.
  5. Upon the expiration of the initial terms of the private members of the board, the Commissioner shall appoint successors representing the same constituencies as the members succeeded for a term of four (4) years in each case. In the case of a vacancy, the Commissioner may appoint a successor to hold office during the remainder of the term.
  6. Staff services for the board shall be provided by the Department of Agriculture. The executive director of the Agricultural Development Board shall serve as executive director for the Kentucky Agricultural Finance Corporation board.
  7. The executive director shall administer, manage, and direct the affairs and business of the corporation, subject to the policies, control, and direction of the board. The executive director shall keep a record of the proceedings of the corporation and shall be custodian of all books, documents, and papers filed with the corporation, the minute book or journal of the corporation, and its official seal. The executive director shall have authority to cause copies to be made of all minutes and other records and documents of the corporation and to give certificates under the official seal of the corporation to the effect that the copies are true copies, and all persons dealing with the corporation may rely on such certifications.
  8. A majority of the board shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, notwithstanding the existence of any vacancies; provided, however, that a majority of the board may elect from among its members an executive committee to act in its stead in the day to day conduct of the business of the corporation. Notwithstanding the foregoing, the full board shall hold at least one (1) meeting each calendar quarter in accordance with a schedule to be established by the board.
  9. Action may be taken by the corporation upon a vote of a majority of the directors present at a meeting at which a quorum exists called upon three (3) days written notice or upon the concurrence of at least seven (7) directors or by the board’s executive committee.
  10. All members of the board shall be entitled to their reasonable and necessary expenses actually incurred in discharging their duties.
  11. The Kentucky Agricultural Finance Corporation shall not be subject to reorganization under KRS Chapter 12.

HISTORY: Enact. Acts 1984, ch. 374, § 3, effective April 11, 1984; 1990, ch. 440, § 2, effective July 13, 1990; 1996, ch. 208, § 3, effective July 15, 1996; 2004, ch. 41, § 5, effective July 13, 2004; 2021 ch. 12, § 7, effective March 12, 2021.

Legislative Research Commission Notes.

(3/12/2021). This statute was amended by Section 7 of 2021 Ky. Acts ch. 12. Section 16 of that Act states, in part: “[I]t is imperative that the continuity of the Agricultural Development Board and the Kentucky Agricultural Finance Corporation remain as established upon the effective date of this Act. Therefore, it is the intent of the General Assembly that each member of the Agricultural Development Board and the Kentucky Agricultural Finance Corporation shall serve his or her term as appointed and shall not be replaced unless by resignation and duly recognized.”

247.946. Powers of corporation.

The corporation shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of KRS 247.940 to 247.978 including, but without limiting the generality of the foregoing, the power:

  1. To adopt bylaws for the regulation of its affairs and the conduct of its business and to prescribe rules, administrative regulations, and policies in connection with the performance of its functions and duties;
  2. To review the projects authorized to be financed by KRS 247.940 to 247.978 in order to determine the following:
    1. The qualifications of the applicant as a party entitled to financing assistance under the provisions of KRS 247.940 to 247.978 and the rules and administrative regulations of the corporation;
    2. The qualifications of the applicant in the areas of experience, training, and financial ability in relation to the project for which assistance is sought and any other areas as the corporation shall determine necessary and desirable in implementing the intent of KRS 247.940 to 247.978 in the promotion of agriculture throughout the Commonwealth. Analysis shall include a careful evaluation of character, experience, record, and prospects for sound financial management and sound operation of the project. Financial ability factors to be considered shall include the applicant’s total assets controlled, equity owned, contingent liabilities, history of earnings to date, and repayment capacity, as well as other factors set by the corporation. Consideration may be given to the special needs of beginning farmers;
    3. The economic need for the project in the area based upon general economic conditions and unemployment in the region;
    4. The economic soundness of the project based upon generally accepted cost-benefit methodology; and
    5. Consistency of the project with other policies of the Commonwealth designed to ensure a sustained land base for agriculture including preservation of prime farmland and promotion of soil conservation techniques for protection of farmland;
  3. To issue from time to time bonds, notes, bond anticipation notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, debentures, warrants, commercial paper, or other obligations or evidence of indebtedness, hereinafter collectively referred to as “bonds” or “notes,” to provide funds for and to fulfill and achieve its authorized public functions or corporate purposes, as set forth in the provisions of KRS 247.940 to 247.978 ; and in addition to the powers conferred hereunder, to have all the authority delegated to cities and counties pursuant to the provisions of KRS 103.200 to 103.285 ; provided, however, that bonds or notes issued by the corporation shall not be subject to the jurisdiction or approval of the Industrial Revenue Bond Oversight Committee or the State Property and Buildings Commission but shall be subject to the review of the Office of Financial Management in the Office of the Controller within the Finance and Administration Cabinet;
  4. To make or participate in the making of insured mortgage loans to qualified applicants for the purpose of purchasing agricultural real estate and improvements;
  5. To purchase or participate in the purchase of mortgage loans made to qualified applicants for the purpose of purchasing agricultural real estate and improvements;
  6. To make or participate in the making of loans to qualified applicants for the purpose of purchasing machinery, equipment, and livestock;
  7. To purchase or participate in the purchase of loans to qualified applicants for the purpose of purchasing machinery, equipment, and livestock;
  8. To make or participate in the making or to purchase or participate in the purchase of loans to qualified applicants for the purpose of leasing equipment, introducing new agricultural commodities or enhancing agricultural markets;
  9. To collect and pay reasonable fees and charges in connection with making, purchasing, and servicing its loans, notes, bonds, commitments, and other evidences of indebtedness;
  10. To acquire real and personal property, or any interest therein, by purchase, foreclosure, lease, sublease, or otherwise; to own, manage, and operate real and personal property; to sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber real and personal property where necessary or appropriate to the purposes of the corporation subject to the rights of holders of the bonds of the corporation, at public or private sale, with or without public bidding;
  11. To sell, at public or private sale, all or any part of any real estate mortgage or chattel mortgage or other instrument or document securing any loan permitted by KRS 247.940 to 247.978 ;
  12. To procure insurance against any loss in connection with its operations in the amounts and from any insurers, as it may deem necessary or desirable;
  13. To consent, whenever the corporation deems necessary or desirable in the fulfillment of its corporate purposes, to the modification of interest rates, time of payment of principal or interest, or any other terms of any loan, contract, or agreement of any kind to which the corporation is a party;
  14. To include in any borrowing those amounts deemed necessary by the corporation to pay financing charges, capitalized interest, consultant, advisory, and legal fees and any other expenses necessary or incident to any borrowing;
  15. To make and publish administrative regulations respecting its lending programs and any other rules and regulations as are necessary to effectuate its corporate purposes;
  16. To make, execute, and effectuate any and all agreements or other documents with any governmental agency or any person, corporation, association, partnership, or other organization or entity, necessary to accomplish the purposes of KRS 247.940 to 247.978 ;
  17. To accept gifts, devises, bequests, grants, loans, appropriations, and other assistance and any other aid from any source whatsoever and to agree to and to comply with conditions attached thereto;
  18. To sue and be sued in its own name and in the name of any subsidiary corporation or entity which may be created pursuant to subsection (28) of this section;
  19. To maintain an office in the city of Frankfort and at any other place or places as it may determine;
  20. To employ fiscal consultants, engineers, attorneys, appraisers, and such other agents and employees as may be required in the judgment of the corporation and to fix and pay their compensation from funds available to the corporation therefor;
  21. To invest any funds held in sinking funds, reserve funds, or trust fund accounts or any moneys not required for immediate disbursement by the corporation in:
    1. Obligations of or guaranteed by the Commonwealth, United States of America or their respective agencies and instrumentalities;
    2. Certificates of deposit and other evidences of deposit at state and federal chartered banks and savings and loan associations, fully collateralized as to any principal amount in excess of the amount insured by the United States government or any agency thereof;
    3. A guaranteed investment or similar contract, which provides for the investment of funds at a guaranteed rate of return, with an insurance company or depository financial institution with a claim paying rating of no less than either of the two (2) highest grades given by a nationally recognized rating agency; and
    4. Any other investment authorized by law for the investment of funds of the Commonwealth;
  22. Subject to the rights of holders of bonds of the corporation, to renegotiate, refinance, or foreclose on any mortgage, security interest, or lien; or commence any action to protect or enforce any right or benefit conferred upon the corporation by any law, mortgage, security interest, lien, contract, or other agreement; and bid for and purchase property at any foreclosure or at any other sale or otherwise acquire or take possession of any property; and in any such event, the corporation may complete, administer, pay the principal of and interest on any obligation incurred in connection with the property, dispose of and otherwise deal with the property in any manner as may be necessary or desirable to protect the interest of the corporation or of holders of its bonds therein;
  23. To insure, coinsure, reinsure, or cause to be insured, coinsured or reinsured, agricultural loans, mortgage loans, or mortgages, or any other type of loans, and pay or receive premiums on insurance, coinsurance, or reinsurance, and establish reserves for losses, and participate in the insurance, coinsurance, or reinsurance of agricultural loans, mortgage loans or mortgages, or any other type of loans with the federal or state government or any private insurance company;
  24. To undertake and carry out or authorize the completion of studies and analyses of agricultural conditions and needs within the Commonwealth and needs relating to the promotion of agricultural exports and ways of meeting the needs, and make the studies and analyses available to the public and to the agricultural industry, and to engage in research or disseminate information on agriculture and agricultural exports;
  25. To accept federal, state, or private financial or technical assistance and comply with any conditions for assistance, provided that those conditions are not in conflict with the intent of the provisions of KRS 247.940 to 247.978 ;
  26. To purchase, discount, sell, negotiate and guarantee, insure, co-insure and reinsure notes, drafts, checks, bills of exchange, acceptances, bankers’ acceptances, cable transfers, letters of credit, and other evidence of indebtedness;
  27. To serve as the beneficiary of any public trust; and
  28. To create such subsidiary corporations or entities as may be necessary to borrow money, insure or reinsure agricultural loans, or issue bonds.

History. Enact. Acts 1984, ch. 374, § 4, effective April 11, 1984; 1988, ch. 368, § 1, effective July 15, 1988; 1990, ch. 440, § 3, effective July 13, 1990; 2000, ch. 46, § 27, effective July 14, 2000; 2005, ch. 85, § 664, effective June 20, 2005.

Compiler’s Notes.

Acts 1990, ch. 440, § 13, provided:

“To carry out the purposes of this Act for qualified applicants as defined in subsection (2)(b) of Section 1 of this Act:

  1. The Kentucky Agricultural Finance Corporation is hereby authorized to either:
    1. Establish a revolving agricultural loan fund within the corporation by becoming an eligible lender, authorized to make Farmer’s Home Administration (FmHA) guaranteed farm loans; or
    2. Issue up to $10,000,000 in revenue bonds to be deposited in a fund which is hereby established for the purpose of making agricultural loans.
  2. There is hereby appropriated to the Kentucky Agricultural Finance Corporation out of the general fund the sum of $500,000 in fiscal year 1990-91 for costs associated with establishing and implementing either of the two loan programs authorized in subsection (1) of this section.”

247.9471. Purchase and sale of agricultural loans by corporation.

  1. The corporation may purchase or contract to purchase and sell or contract to sell agricultural loans made by lending institutions. All lending institutions are hereby authorized to purchase and sell agricultural loans to the corporation in accordance with the provisions of KRS 247.940 to 247.978 and the rules and administrative regulations of the corporation.
  2. The corporation may make, or contract to make, loans to and deposits with lending institutions. All lending institutions are hereby authorized to borrow funds and accept deposits from the corporation in accordance with the provisions of KRS 247.940 to 247.978 and the rules and administrative regulations of the corporation. The corporation shall require that all proceeds of its loans to or deposits with lending institutions, or an equivalent amount, shall be used by the lending institutions to make agricultural loans, subject to the terms and conditions as the corporation may prescribe.
  3. To the extent that any provisions of this section may be inconsistent with any provision of law governing lending institutions, the provisions of this section shall control.

History. Enact. Acts 1990, ch. 440, § 4, effective July 13, 1990.

247.9473. Corporation may insure and reinsure agricultural loans.

  1. The corporation is hereby authorized to insure and reinsure agricultural loans made by lending institutions, subject to the terms, conditions, limitations, collateral and security provisions, and reserve requirements as shall be determined by the corporation in accordance with the rules and administrative regulations adopted by the corporation.
  2. Unless otherwise determined by the corporation, insurance on agricultural loans shall be in the amount of one hundred percent (100%) of the unpaid principal and interest on each loan.
  3. An insured agricultural loan shall be in default when the holder of the loan makes application to the corporation for payment of insurance on the loan stating that the loan is in default in accordance with the terms of any agreement with respect to the insurance executed pursuant to this section.
  4. The corporation may enter into agreements with any person, lending institution, or holder of an insured agricultural loan upon the terms as may be agreed upon between the corporation and any person, lending institution, or holder, to provide for the administration, applications therefor, repayment thereof, and to establish the conditions for payment of insurance by the corporation, and the servicing, suit upon, or foreclosure of insured agricultural loans.

History. Enact. Acts 1990, ch. 440, § 5, effective July 13, 1990.

247.948. Obligations not debt of Commonwealth.

  1. Obligations issued under the provisions of KRS 247.940 to 247.978 shall not be deemed to constitute a debt, liability or obligation of the Commonwealth or any political subdivision thereof or a pledge of the faith and credit of the Commonwealth or any such political subdivision, but shall be payable solely from the revenues or assets of the corporation. Each obligation issued under the provisions of KRS 247.940 to 247.978 shall contain on the face thereof a statement to the effect that the corporation shall not be obligated to pay the same nor the interest thereon, except from the revenues or assets pledged therefor, and that neither the faith and credit nor the taxing power of the Commonwealth or any political subdivision thereof is pledged to the payment of the principal of or the interest on such obligations.
  2. Expenses incurred by the corporation in carrying out the provisions of KRS 247.940 to 247.978 may be payable from funds provided pursuant to KRS 247.940 to 247.978 and no liability shall be incurred by the corporation hereunder beyond the extent to which moneys shall have been so provided.

History. Enact. Acts 1984, ch. 374, § 5, effective April 11, 1984.

247.950. Issuance of bonds or notes by corporation.

  1. The corporation is hereby authorized to provide for the issuance in its lending agency capacity and in its issuing agency capacity, at one (1) time or from time to time, of bonds, notes, renewal notes, refunding bonds, interim certificates, certificate of indebtedness, debentures, warrants, commercial paper, or other obligations or evidences of indebtedness, hereinafter collectively referred to as “bonds or notes” of the corporation in an amount not to exceed five hundred million dollars ($500,000,000). The principal of and the interest on these bonds or notes shall be payable solely from the funds herein provided for the payment. Notes may be made payable from the proceeds of the bonds or renewal notes or, in the event bond or renewal note proceeds are not available, the notes may be paid from any available revenues or assets of the corporation.
  2. Bonds or notes of each issue shall be dated and may be redeemable prior to maturity at the option of the corporation under terms and conditions as may be determined by the corporation.
  3. Bonds or notes shall bear interest at such rate or rates as may be determined by the corporation at a publicly advertised competitive sale or, at the discretion of the corporation, upon a private, negotiated basis.
  4. Bonds or notes shall mature as to principal and shall be payable as to interest upon the terms as the corporation shall determine in light of the conditions of the municipal bond market at the time of their authorization; provided, however, that obligations issued to finance personal property shall not have a term in excess of the expected useful life of the property financed.
  5. The corporation shall determine the form and manner of the execution of the bonds or notes, denominations, medium, and places of payment. In the event any officer of the corporation whose signature or a facsimile of whose signature shall appear on any bonds or notes attached thereto shall cease to be an officer before the delivery thereof, the signature or facsimile shall nevertheless be valid and sufficient for all purposes as if said party had remained in office until delivery.
  6. The proceeds of any bonds or notes shall be used solely for the purposes for which issued and shall be disbursed in a manner and under restrictions as the corporation may determine in its bond resolution authorizing the issuance thereof or in the trust agreement.
  7. Bonds or notes of the corporation may be sold for a price in a manner and from time to time as may be determined by the corporation to be most beneficial, and the corporation may pay all expenses, premiums, fees, or commissions which it may deem necessary or advantageous in connection with the issuance and sale thereof, subject to the provisions of KRS 247.940 to 247.978 .
  8. The bonds or notes may be issued in coupon or in registered form, or both, and provision may be made for the registration of any coupon bonds or notes as to principal alone and also as to both principal and interest, and for the reconversion into coupon bonds or notes of any bonds or notes registered as to both principal and interest, and for the interchange of registered and coupon bonds or notes.
  9. Prior to the preparation of definitive bonds, the corporation may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when the bonds shall have been executed and are available for delivery. The corporation may also provide for the replacement of any bonds or notes which shall become mutilated or shall be destroyed or lost.

History. Enact. Acts 1984, ch. 374, § 6, effective April 11, 1984; 1990, ch. 440, § 6, effective July 13, 1990.

247.951. Issuance of refunding bonds.

Subject to the rights of the holders of the bonds of the corporation, the corporation is hereby authorized and empowered to issue from time to time its bonds for the purpose of refunding any bonds of the corporation then outstanding, together with the payment of any redemption premiums thereon and interest accrued or to accrue to the date of redemption of such outstanding bonds. All the refunding bonds of the corporation shall be issued, sold or exchanged, and delivered, shall be secured, and shall be subject to the provisions of KRS 247.940 to 247.978 in the same manner and to the same extent as any other bonds issued by the corporation pursuant to KRS 247.940 to 247.978 , unless otherwise determined by resolution of the corporation. Refunding bonds issued by the corporation as herein provided may be sold or exchanged for outstanding bonds of the corporation and, if sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption, or payment of the outstanding bonds.

History. Enact. Acts 1990, ch. 440, § 7, effective July 13, 1990.

247.952. Trust agreement to secure obligation.

In the discretion of the corporation, any obligations issued under the provisions of KRS 247.940 to 247.978 may be secured by a trust agreement by and between the corporation and a corporate trustee, which may be any trust company or bank having powers of a trust company within or without the Commonwealth. Such trust agreement or the resolution providing for the issuance of such obligations may pledge or assign all or any part of the revenues or assets of the corporation, including, without limitation, mortgage loans, mortgage loan commitments, contracts, agreements and other security or investment obligations, the fees or charges made or received by the corporation, the moneys received in payment of loans and interest thereon, and any other moneys received or to be received by the corporation. Such trust agreement or resolution may contain such provisions for protecting and enforcing the rights and remedies of the holders of any such obligations as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the corporation in relation to the purposes to which the obligation proceeds may be applied, the disposition of the pledging of the revenues or assets of the corporation, the terms and conditions for the issuance of additional obligations, and the custody, safeguarding and application of all moneys. It shall be lawful for any corporate trustee which may act as depository of the proceeds of obligations, revenues or other money hereunder to furnish such indemnifying bonds or to pledge such securities as may be required by the corporation. Any such trust agreement or resolution may set forth the rights and remedies of the holders of the obligations of the corporation and of the trustee, and may restrict the individual right of action by any such holders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the corporation may deem reasonable and proper for the security and source of payment of its obligations. All expenses incurred in carrying out the provisions of such trust agreement or resolution may be paid from the revenues or assets pledged or assigned to the payment of the principal of and the interest on the obligations or from any other funds available to the corporation.

History. Enact. Acts 1984, ch. 374, § 7, effective April 11, 1984.

247.953. Commonwealth prohibited from altering the right of corporation to fulfill agreements with its bondholders.

In consideration of the acceptance of and payment for the bonds of the corporation by the holders thereof, the Commonwealth does hereby pledge to and agree with the holders of any bonds of the corporation issued pursuant to the provisions of KRS 247.940 to 247.978 , that the Commonwealth will not impair, limit, or alter the rights hereby vested in the corporation to fulfill the terms of any agreements made with the holders of the bonds of the corporation, or in any way impair the rights or remedies of the holders thereof, until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the holders, are fully met and discharged. The corporation is authorized to include this pledge and agreement of the Commonwealth in any agreement with the holders of bonds of the corporation.

History. Enact. Acts 1990, ch. 440, § 8, effective July 13, 1990.

247.954. Pledge of assets or revenues of corporation binding.

The pledge of any assets or revenues of the corporation to the payment of the principal of or the interest on any obligations of the corporation issued in its lending agency capacity shall be valid and binding from the time such pledge is made, and any such assets or revenues shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise, against the corporation, regardless of whether such parties have notice thereof. Nothing herein contained shall be construed to prohibit the corporation from selling any assets subject to any such pledge except to the extent that any such sale may be restricted by the terms of the trust agreement or resolution authorizing the issuance of such obligations.

History. Enact. Acts 1984, ch. 374, § 8, effective April 11, 1984.

247.955. Moneys received under KRS 247.940 to 247.978 deemed to be trust funds.

Notwithstanding any other provisions of law to the contrary, all moneys received pursuant to the authority of the provisions of KRS 247.940 to 247.978 shall be deemed to be trust funds to be held and applied solely as provided in the provisions of KRS 247.940 to 247.978 . The resolution authorizing any obligations or the trust agreement securing the same may provide that any of the moneys may be temporarily invested pending the disbursement thereof and shall provide that any officer with whom, or any bank or trust company with which, the moneys shall be deposited shall act as trustee of these moneys and shall hold and apply the same for the purposes hereof, subject to administrative regulations promulgated pursuant to the provisions to KRS 247.940 to 247.978, and as any resolution or trust agreement may provide. Any moneys of the corporation may be invested as provided in KRS 247.946 .

History. Enact. Acts 1990, ch. 440, § 9, effective July 13, 1990.

247.956. Enforcement of rights under trust agreement.

The holder of obligations of the corporation issued in its lending agency capacity pursuant to the provisions of KRS 247.940 to 247.978 and the trustee under any trust agreement or resolution authorizing the issuance of such obligations, except the rights herein given may be restricted by such trust agreement or resolution, may, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the Commonwealth or granted hereunder or under such trust agreement or resolution, or under any other contract executed by the corporation pursuant to KRS 247.940 to 247.978 , and may enforce and compel the performance of all duties required by KRS 247.940 to 247.978 or by such trust agreement or resolution to be performed by the corporation or any officer thereof.

History. Enact. Acts 1984, ch. 374, § 9, effective April 11, 1984.

247.957. Corporate system of accounts — Audit.

  1. Subject to the provisions of any contract with the holders of its bonds, the corporation shall establish a system of accounts.
  2. The corporation may cause an independent audit of its books and accounts to be prepared annually and the cost thereof may be paid from any available moneys of the corporation.

History. Enact. Acts 1990, ch. 440, § 10, effective July 13, 1990.

247.958. Obligations are negotiable instruments.

Notwithstanding any of the foregoing provisions of KRS 247.940 to 247.978 or any recitals in any obligations issued pursuant to the authority granted hereunder, all such obligations shall be and are hereby made negotiable instruments under the laws of this state, subject only to any applicable provisions for registration as set forth in the trust agreement or resolution.

History. Enact. Acts 1984, ch. 374, § 10, effective April 11, 1984.

247.959. Corporation to receive requested services from Commonwealth officers and agencies — Liberal construction of statutes.

  1. All Commonwealth officers and agencies are authorized to render services to the corporation within their respective functions as may be requested by the corporation.
  2. Construction of KRS 247.940 to 247.978 , being necessary for the welfare of the Commonwealth and its residents, shall be liberally construed to effect the purposes thereof.

History. Enact. Acts 1990, ch. 440, § 11, effective July 13, 1990.

247.960. Obligations are legal investments for public entities and fiduciaries.

Obligations issued by the corporation in its lending agency capacity under the provisions of KRS 247.940 to 247.978 are hereby made securities in which all public officers and public bodies of the Commonwealth and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such obligations are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the Commonwealth for any purpose for which the deposit of bonds, notes or obligations of the Commonwealth is now or may hereafter be authorized by law.

History. Enact. Acts 1984, ch. 374, § 11, effective April 11, 1984.

247.962. Annual report.

The corporation shall, promptly following the close of each fiscal year, submit an annual report of its activities for the preceding year to the Governor and the General Assembly. Each such report shall set forth a complete operating financial statement relating to the corporation during the year. The persons performing such audits shall furnish copies of the audit to the secretary, Finance and Administration Cabinet, and the executive director of the Office of Financial Management, where they shall be placed on file and made available for inspection by the general public.

History. Enact. Acts 1984, ch. 374, § 12, effective April 11, 1984.

Legislative Research Commission Note.

(6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

247.964. Personal liability of board or officers.

No member of the board of directors or other officer of the corporation shall be made subject to any personal liability or accountability by reason of their execution of any obligations of the corporation nor the issuance thereof.

History. Enact. Acts 1984, ch. 374, § 13, effective April 11, 1984.

247.966. Expenditure of funds.

The corporation is authorized to accept and expend such moneys as may be appropriated from time to time by the General Assembly or such moneys as may be received from any source, including income from the corporation’s operations, for effectuating its corporate purposes including, without limitation, the payment of the initial expenses of administration and operation.

History. Enact. Acts 1984, ch. 374, § 14, effective April 11, 1984.

247.968. Corporation exempt from taxation — Payment in lieu of taxes.

The corporation shall not be required to pay any taxes and assessments to the Commonwealth or any county, municipality or other governmental subdivision of the Commonwealth upon any of its property or upon its obligations or other evidences of indebtedness pursuant to the provisions of KRS 247.940 to 247.978 , or upon any moneys, funds, revenues or other income held or received by the corporation and the bonds or notes of the corporation and the income therefrom shall at all times be exempt from taxation, except for death and gift taxes and taxes of transfers; provided, however, that real or personal property owned by the corporation shall be exempt from all property taxation and special assessments of the Commonwealth or its political subdivisions, but the corporation shall pay, in lieu of such taxes, such amounts as would have been levied had not said real or personal property been owned by the corporation.

History. Enact. Acts 1984, ch. 374, § 15, effective April 11, 1984.

247.970. Powers supplemental to those held by other governmental agencies.

To the extent the provisions of KRS 247.940 to 247.978 delegate to the corporation powers concurrently now held by other governmental agencies, including, but not being limited to, the provisions of KRS 103.200 to 103.285 and KRS 154.20-035 to 154.20-140 , the provisions hereof shall be regarded as supplemental and not in derogation of any powers now existing.

History. Enact. Acts 1984, ch. 374, § 16, effective April 11, 1984.

247.972. Termination or dissolution of corporation.

Upon the termination or dissolution of the corporation, all rights and properties of the corporation shall pass to and be vested in the Commonwealth, subject to the rights of lienholders and other creditors.

History. Enact. Acts 1984, ch. 374, § 17, effective April 11, 1984.

247.974. Banks may apply for loans for qualified farmers.

All state and federally chartered banks may apply through the corporation for loans for qualified farmers and such banks shall receive a commission therefor as determined by the corporation.

History. Enact. Acts 1984, ch. 374, § 18, effective April 11, 1984.

247.976. Expenses.

All expenses incurred by the corporation in carrying out the provisions of KRS 247.940 to 247.978 shall be paid from revenue bonds or notes issued by the corporation.

History. Enact. Acts 1984, ch. 374, § 19, effective April 11, 1984.

247.978. Debt limitation for qualified applicant.

The total amount of principal which a qualified applicant may owe to the corporation at any one (1) time shall not exceed:

  1. Two-hundred fifty thousand dollars ($250,000) for first time farmers as defined by the United States Department of Agriculture, Farm Service Agency; or
  2. One million dollars ($1,000,000) for other applicants.

History. Enact. Acts 1984, ch. 374, § 20, effective April 11, 1984; 1990, ch. 440, § 12, effective July 13, 1990; 2004, ch. 41, § 6, effective July 13, 2004.

Surplus Agricultural Commodities for Food Banks

247.980. Definitions for KRS 247.980 to 247.986.

As used in KRS 247.980 to 247.986 :

  1. “Agricultural commodity” means any agricultural product, including but not limited to plant and animal products grown, raised, or produced within this state for use as food, feed, seed, or any aesthetic, industrial, or chemurgic purpose; and
  2. “Food bank” means a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit charitable organizations and individuals for redistribution to reduce hunger and supply nutritional needs.

History. Enact. Acts 2009, ch. 24, § 1, effective June 25, 2009.

247.981. Grant program for supplying surplus agricultural commodities to food banks.

There is hereby established in the Department of Agriculture a program to award grants to nonprofit organizations for the purpose of collecting and distributing Kentucky grown and raised surplus agricultural commodities to food banks and other charitable organizations that serve needy or low-income individuals.

History. Enact. Acts 2009, ch. 24, § 2, effective June 25, 2009.

247.982. Grant program eligibility and compliance.

  1. Subject to available funds, a nonprofit organization is eligible to receive a grant under KRS 247.980 to 247.986 if the organization:
    1. Has at least five (5) years of experience coordinating a statewide network of food banks and charitable organizations that serve counties of this state;
    2. Operates a program that coordinates the collection and transportation of surplus agricultural commodities to a statewide network of food banks that provide food to needy or low-income individuals; and
    3. Submits to the department, in a manner and time prescribed by the department, a proposal for the collection and distribution of agricultural commodities to food banks and other charitable organizations for use in providing food for needy or low-income individuals, including:
      1. A description of the proposal;
      2. A schedule of projected costs for the proposal;
      3. Measurable goals for the proposal; and
      4. A plan for evaluating the success of the proposal.
  2. A nonprofit organization that receives a grant under KRS 247.980 to 247.986 shall comply with the following requirements:
    1. Purchases shall be made from Kentucky farmers, growers, and vendors;
    2. Agricultural commodities collected and distributed shall be culls or those designated as surplus or unmarketable, and not primary agricultural commodities. Surplus or unmarketable agricultural commodities or culls shall be purchased at production cost or below market price from produce auctions, farmers, growers, and vendors; and
    3. Donations of culls or surplus or unmarketable agricultural commodities from farmers’ markets, cooperatives, farmers, and growers shall be encouraged. Persons making the donations may be reimbursed for picking, packaging, processing, transportation, storage, distribution, or other costs.

History. Enact. Acts 2009, ch. 24, § 3, effective June 25, 2009.

247.983. Reporting of results.

A nonprofit organization that receives a grant under KRS 247.980 to 247.986 shall report the results of the project to the department in a manner prescribed by the department.

History. Enact. Acts 2009, ch. 24, § 4, effective June 25, 2009.

247.984. Farms to Food Banks Advisory Committee.

  1. The Farms to Food Banks Advisory Committee is hereby created for the purpose of advising the department concerning the implementation and administration of the program established under KRS 247.980 to 247.986 . The committee shall be composed of no fewer than ten (10) but no more than fifteen (15) members appointed by the Commissioner. Membership on the committee shall include:
    1. Food and nutrition advocates;
    2. Regional food bank representatives;
    3. Local government representatives;
    4. Representatives of the department and Governor’s Office;
    5. Agricultural commodity producers;
    6. Representatives of farm advocacy groups;
    7. Representatives of Kentucky public or private colleges and universities; and
    8. At-large members designated by the Commissioner.
  2. The advisory committee shall elect a chairperson during the first organizational meeting.
  3. The committee shall:
    1. Advise the department concerning the implementation and administration of KRS 247.980 to 247.986 ;
    2. Make recommendations to the department regarding the content of administrative regulations promulgated by the department in accordance with KRS 247.980 to 247.986 ;
    3. Advise the department on administration of the fund created pursuant to KRS 247.985 by developing a written plan for the expenditure of funds. The committee shall meet at least one (1) time a year to review the plan and prepare the annual report. The plan shall, at a minimum, include the following:
      1. A summary of existing food banks in Kentucky;
      2. An evaluation of the needs of the hungry in Kentucky, including the population of areas served by food banks, the percent of the population that is at or below the federal poverty level, an estimate of the number of school children who receive free or reduced-price meals, and other criteria that can measure need; and
      3. A proposal for distributing funds to areas of recognized need; and
    4. Provide to the Governor and the Legislative Research Commission an annual report by October 1 of each year. The initial report shall include the plan developed under paragraph (c) of this subsection for the expenditure of funds. The initial and future reports shall include details of the amounts and recipients of funds distributed.
  4. Appointed committee members may be reimbursed for reasonable and necessary expenses incurred while engaged in carrying out the official duties of the committee.
  5. The committee shall be attached to the Department of Agriculture for administrative purposes.

HISTORY: Enact. Acts 2009, ch. 24, § 5, effective June 25, 2009; 2012, ch. 159, § 3, effective July 12, 2012; 2018 ch. 6, § 1, effective July 14, 2018.

Legislative Research Commission Note.

(7/12/2012). In 2012 Ky. Acts ch. 159, sec. 3, subsection (3)(c)2., “free or reduced meals” has been changed to read, “free or reduced-price meals” in codification. The Reviser of Statutes has corrected this manifest clerical or typographical error under the authority of KRS 7.136(1)(h).

247.985. Farms to food banks trust fund.

  1. The farms to food banks trust fund is hereby created in the State Treasury as a restricted account to be administered by the department with advice from the Farms to Food Banks Advisory Committee established by KRS 247.984 , for the purposes provided in this section.
  2. The fund shall receive amounts collected from the income tax checkoff created in KRS 141.448 , and any other proceeds from grants, contributions, appropriations, or other moneys made available for the purposes of this fund.
  3. Notwithstanding KRS 45.229 , any moneys accruing to this fund in any fiscal year, including state appropriations, gifts, grants, federal funds, interest, and any other funds both public and private, shall not lapse but shall be carried forward to the next fiscal year.
  4. Moneys received in the fund shall only be used for awarding grants to eligible nonprofit organizations pursuant to KRS 247.980 to 247.986 .

HISTORY: Enact. Acts 2009, ch. 24, § 6, effective June 25, 2009; 2012, ch. 159, § 2, effective July 12, 2012; 2018 ch. 6, § 2, effective July 14, 2018.

247.986. Administrative Regulations.

The Commissioner shall promulgate the administrative regulations necessary to carry out the provisions of KRS 247.980 to 247.986 .

History. Enact. Acts 2009, ch. 24, § 7, effective June 25, 2009.

Penalties

247.990. Penalties.

  1. Any person who violates subsection (3) of KRS 247.270 or who diverts the funds or profits of a farm bureau to any purpose except the purposes of the farm bureau shall be guilty of theft and be punished as provided by law.
  2. Any officer who makes a certificate required by subsection (2) of KRS 247.270 or by KRS 247.300 , knowing it to be false or incorrect in any particular, shall be fined not more than one hundred dollars ($100).

History. 42d-8, 42d-14, 42d-15: amend. Acts 1974, ch. 406, § 311; 1984, ch. 386, § 4, effective July 13, 1984; 2002, ch. 268, § 3, effective July 15, 2002; 2008, ch. 116, § 6, effective July 15, 2008.

247.991. Penalties.

  1. Any person who violates any speed limit established by the State Fair Board shall be fined not less than ten ($10) nor more than one hundred dollars ($100).
  2. Any person who violates any other traffic control regulation established by the State Fair Board shall be fined not less than five ($5) nor more than twenty-five dollars ($25).

History. Enact. Acts 1968, ch. 123, § 1 (3).

247.992. Penalty.

Any person who violates subsection (3) of KRS 247.145 shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100), or imprisoned in jail for not less than one (1) day or more than ten (10) days or both.

History. Enact. Acts 1968, ch. 124, § 1 (4).

247.993. Penalty.

Any purchaser of the agricultural commodity covered in KRS 247.450 to 247.505 or KRS 247.4451 to 247.4483 who violates or fails or refuses to comply with any provision of KRS 247.450 to 247.505 or KRS 247.4451 to 247.4483 shall upon conviction be fined not less than twenty-five dollars ($25) nor more than fifty dollars ($50) for each offense; each day of violation, or failing or refusing to comply with the provisions of KRS 247.450 to 247.505 or KRS 247.4451 to 247.4483 shall constitute a separate offense.

History. Enact. Acts 1968, ch. 171, § 17 (2); 1990, ch. 167, § 18, effective July 13, 1990.

247.994. Penalties.

  1. Any purchaser of soybeans, or corn, or small grains who violates, or fails or refuses to comply with the provisions of KRS 247.510 to 247.595 or KRS 247.5061 to 247.5095 , or KRS 247.6001 to 247.6035 , shall upon conviction be fined not less than twenty-five dollars ($25) nor more than fifty dollars ($50) for each offense. Each day of the violation, or failing or refusing to comply with the provisions of KRS 247.510 to 247.595 or KRS 247.5061 to 247.5095 , or KRS 247.6001 to 247.6035 shall constitute a separate offense.
  2. Any operator of a livestock market, meat packing establishment, or slaughter establishment who violates or fails or refuses to comply with the provisions of KRS 247.610 to 247.685 shall upon conviction be fined not less than twenty-five dollars ($25) nor more than fifty dollars ($50) for each offense. Each day of the violation, or failing, or refusing to comply with the provisions of KRS 247.610 to 247.685 shall constitute a separate offense.
  3. Any operator of a tobacco warehouse, tobacco manufacturing establishment, or tobacco dealer who violates or fails or refuses to comply with the provisions of KRS 247.710 to 247.785 shall upon conviction be fined not less than twenty-five dollars ($25) nor more than fifty dollars ($50) for each offense. Each failure to withhold or refusal to comply with the provisions of KRS 247.710 to 247.785 shall constitute a separate offense.
  4. Any egg handler who violates, or fails, or refuses to comply with the provisions of KRS 247.850 to 247.865 shall, upon conviction, be fined not less than twenty-five dollars ($25) nor more than fifty dollars ($50) for each offense. Each day of violating, or failing, or refusing to comply with the provisions of KRS 247.850 to 247.865 shall constitute a separate offense.

History. Enact. Acts 1974, ch. 83, § 19; 1976, ch. 9, § 17; 1976, ch. 265, § 17; 1980, ch. 120, § 18, effective July 15, 1980; 1986, ch. 180, § 11, effective July 15, 1986; 1990, ch. 223, § 19, effective July 13, 1990; 1990, ch. 397, § 19, effective July 13, 1990.

Legislative Research Commission Note.

(7/13/90) This section was amended by two 1990 Acts which do not appear to be in conflict and have been compiled together.

CHAPTER 248 Tobacco

248.005. Legislative finding and declaration on United States Department of Agriculture’s Tobacco Price Support Program.

The General Assembly finds that the Tobacco Price Support Program administered by the United States Department of Agriculture under 7 U.S.C. sec. 1314 is the best and most efficient means of preserving the economic health of thousands of tobacco farms throughout the United States and throughout Kentucky. Based upon this finding, the General Assembly declares that the Tobacco Task Force shall study methods to support the Tobacco Price Support Program and its continuing role in the economic viability of Kentucky’s small tobacco farmer.

History. Enact. Acts 2000, ch. 533, § 2, effective July 14, 2000.

248.010. Definitions.

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. “Grower” means a bona fide producer of tobacco, either by himself or by tenant, sharecropper or hired person;
  4. “Warehouse” means any tobacco warehouse operating as a place of sale for tobacco in this state; and
  5. “Warehouseman” means the owner, operator, manager, lessee or proprietor of a warehouse engaged in selling tobacco or his agents or employees.

History. 42c-4, 42c-10, 4814c-4: amend. Acts 1966, ch. 255, § 220.

NOTES TO DECISIONS

Cited:

Winn Ave. Warehouse, Inc. v. Winchester Tobacco Warehouse Co., 339 F.2d 277, 1964 U.S. App. LEXIS 3654 (6th Cir. 1964), rehearing denied, 341 F.2d 287, 1965 U.S. App. LEXIS 6520 (6th Cir. 1965); Bale v. Glasgow Tobacco Board of Trade, Inc., 339 F.2d 281, 1964 U.S. App. LEXIS 3655 (6th Cir. 1964); Bale v. Glasgow Tobacco Board of Trade, Inc., 223 F. Supp. 739, 1963 U.S. Dist. LEXIS 7974 (W.D. Ky. 1963 ).

Opinions of Attorney General.

Tobacco companies which deal directly with individual farmers by establishing prices at the farm and accepting delivery of tobacco at company facilities where the tobacco is weighed and paid for, are not subject to the Department of Agriculture’s jurisdiction as tobacco warehouses which must operate pursuant to the requirements of KRS Chapter 248, since the companies are not functioning as “warehousemen,” as defined in subsection (5) and their facilities are not “warehouses” as defined in subsection (4). OAG 82-50 .

248.015. Tobacco boards of trade — Powers.

A tobacco board of trade shall be organized on every market at which tobacco is offered for sale at auction and each board shall have the objects, purposes, and powers to: promote a more orderly market for the sale of tobacco at auction; prevent market gluts by arranging for a more orderly flow of tobacco through the warehouses; encourage ethical practices in the auction system; support the continuation of the production control program; adopt bylaws or regulations defining voting rights of the tobacco board of trade members; collect dues and initiation fees to cover the operating expenses of the tobacco board of trade; adopt regulations for the conduct of the tobacco market including the allocation of selling time and selling space.

History. Enact. Acts 1962, ch. 302, § 1.

NOTES TO DECISIONS

Cited:

Bale v. Glasgow Tobacco Board of Trade, Inc., 339 F.2d 281, 1964 U.S. App. LEXIS 3655 (6th Cir. 1964); Gaines v. Carrollton Tobacco Bd. of Trade, Inc., 386 F.2d 757, 1967 U.S. App. LEXIS 4190 (6th Cir. 1967); Gaines v. Carrollton Tobacco Bd. of Trade, Inc., 496 F.2d 284, 1974 U.S. App. LEXIS 8867 (6th Cir. 1974); Bale v. Glasgow Tobacco Board of Trade, Inc., 223 F. Supp. 739, 1963 U.S. Dist. LEXIS 7974 (W.D. Ky. 1963 ); Freeman v. Danville Tobacco Board of Trade, Inc., 380 S.W.2d 215, 1964 Ky. LEXIS 284 ( Ky. 1964 ).

248.020. Sections not to be enforced until compacts entered into. [Repealed.]

Compiler’s Notes.

This section (42c-13) was repealed by Acts 1966, ch. 255, § 283.

248.025. Membership of boards — Eligibility — Participation.

  1. The membership of each tobacco board of trade shall be divided into two (2) classes: active members and associate members. Any person, partnership, corporation or association operating a loose leaf auction warehouse or warehouses shall be eligible for active membership in the tobacco board of trade; provided, however, that each board of trade shall have the right to establish the basis of voting rights for its warehouse members according to floor space, ownership, number of separate warehouse buildings or otherwise. Any person, partnership, corporation or association not eligible for active membership but holding a tobacco dealer’s license and purchasing tobacco pursuant to said license upon the market governed by the tobacco board of trade shall be eligible for election as an associate member. Each associate member shall have the option of becoming, upon written notice to the tobacco board of trade, either a participating or a nonparticipating member. A nonparticipating member shall not have the right to vote upon any question coming before the tobacco board of trade.
  2. A participating associate member shall not participate in or have any voice or vote in the management, conduct, activities, allotments of sale time or hours, affixing of dates for the opening or closing of the tobacco markets serviced by the tobacco board of trade, or in any other manner or respect relating strictly to the functions normally performed by the warehouse members of the tobacco board of trade.

History. Enact. Acts 1968, ch. 152, § 129.

Compiler’s Notes.

Former KRS 248.025 (Acts 1962, ch. 302, § 2) was repealed by Acts 1966, ch. 255, § 283, and the present section was substituted therefor.

NOTES TO DECISIONS

1.Management Rights of Active Members.

It is made abundantly clear in this section that the active warehouse members are to play the principal roles in the management of a tobacco board of trade. Farmers No. 4, Inc. V. Lexington Tobacco Board of Trade, 461 S.W.2d 926, 1970 Ky. LEXIS 647 ( Ky. 1970 ).

2.Participation in Management by Associate Members.

Associate members of a tobacco board of trade organized as a corporation could not properly serve as directors of the corporation or serve on those committees which perform functions normally performed by warehouse members or vote for directors, since all of those activities would constitute participating in management. Farmers No. 4, Inc. V. Lexington Tobacco Board of Trade, 461 S.W.2d 926, 1970 Ky. LEXIS 647 ( Ky. 1970 ).

Even though associate members on the board abstained from voting on warehouse-member functions, their presence at board meetings when these matters were discussed would constitute forbidden participation in the management and activities of the board. Farmers No. 4, Inc. V. Lexington Tobacco Board of Trade, 461 S.W.2d 926, 1970 Ky. LEXIS 647 ( Ky. 1970 ).

248.030. Districts. [Repealed.]

Compiler’s Notes.

This section (42c-10) was repealed by Acts 1966, ch. 255, § 283.

248.035. Membership required to operate warehouse or purchase tobacco therein.

Every tobacco warehouse offering tobacco for sale at auction shall be a member of its local tobacco board of trade, and membership in good standing shall be deemed to be a reasonable requirement by such tobacco board of trade as a condition precedent to participating in the business of operating a tobacco warehouse or the purchase of tobacco at auction therein.

History. Enact. Acts 1968, ch. 152, § 130.

Compiler’s Notes.

Former KRS 248.035 (Acts 1962, ch. 302, § 3) was repealed by Acts 1966, ch. 255, § 283, and this section was substituted therefor.

248.040. Commission; selection of members. [Repealed.]

Compiler’s Notes.

This section (42c-11) was repealed by Acts 1966, ch. 255, § 283.

248.050. Filling of vacancies on commission. [Repealed.]

Compiler’s Notes.

This section (42c-11) was repealed by Acts 1966, ch. 255, § 283.

248.060. Compensation of commission. [Repealed.]

Compiler’s Notes.

This section (42c-11) was repealed by Acts 1966, ch. 255, § 283.

248.070. Functions of commission. [Repealed.]

Compiler’s Notes.

This section (42c-16, 42c-17) was repealed by Acts 1966, ch. 255, § 283.

248.080. County tobacco committee; selection of members. [Repealed.]

Compiler’s Notes.

This section (42c-12) was repealed by Acts 1966, ch. 255, § 283.

248.090. Compensation of county tobacco committee. [Repealed.]

Compiler’s Notes.

This section (42c-12) was repealed by Acts 1966, ch. 255, § 283.

248.100. Commission to assist county tobacco committee. [Repealed.]

Compiler’s Notes.

This section (42c-12) was repealed by Acts 1966, ch. 255, § 283.

248.110. Functions of county tobacco committee. [Repealed.]

Compiler’s Notes.

This section (42c-12) was repealed by Acts 1966, ch. 255, § 283.

248.120. Commission to issue marketing certificates and resale certificates. [Repealed.]

Compiler’s Notes.

This section (42c-16) was repealed by Acts 1966, ch. 255, § 283.

248.130. Unlawful sales and processing without certificates. [Repealed.]

Compiler’s Notes.

This section (42c-20, 42c-21) was repealed by Acts 1966, ch. 255, § 283.

248.140. Dealer not to resell or condition tobacco without resale certificates. [Repealed.]

Compiler’s Notes.

This section (42c-20) was repealed by Acts 1966, ch. 255, § 283.

248.150. State may enter into compacts with other states. [Repealed.]

Compiler’s Notes.

This section (42c-13) was repealed by Acts 1966, ch. 255, § 283.

248.160. Suspension of quota sections. [Repealed.]

Compiler’s Notes.

This section (42c-13) was repealed by Acts 1966, ch. 255, § 283.

248.170. Form of interstate compacts. [Repealed.]

Compiler’s Notes.

This section (42c-13) was repealed by Acts 1966, ch. 255, § 283.

248.180. Determinations of state quotas by state commissions. [Repealed.]

Compiler’s Notes.

This section (42c-14) was repealed by Acts 1966, ch. 255, § 283.

248.190. Cooperation with commissions of other states. [Repealed.]

Compiler’s Notes.

This section (42c-28) was repealed by Acts 1966, ch. 255, § 283.

248.200. Establishment of farm acreage and marketing quotas. [Repealed.]

Compiler’s Notes.

This section (42c-29) was repealed by Acts 1966, ch. 255, § 283.

248.210. Harvesting excess acreage prohibited. [Repealed.]

Compiler’s Notes.

This section (42c-22) was repealed by Acts 1966, ch. 255, § 283.

248.220. Commission funds; expenditure; purpose. [Repealed.]

Compiler’s Notes.

This section (42c-19) was repealed by Acts 1966, ch. 255, § 283.

248.230. Persons to furnish information to commission. [Repealed.]

Compiler’s Notes.

This section (42c-24) was repealed by Acts 1966, ch. 255, § 283.

248.240. Circuit courts may enjoin violations. [Repealed.]

Compiler’s Notes.

This section (42c-25) was repealed by Acts 1966, ch. 255, § 283.

248.250. Commissioner to grade, inspect and label. [Repealed.]

Compiler’s Notes.

This section (42c-5) was repealed by Acts 1966, ch. 255, § 283.

248.260. Purchaser to pay for grading. [Repealed.]

Compiler’s Notes.

This section (42c-5, 42c-8) was repealed by Acts 1966, ch. 255, § 283.

248.270. Seller to tell grade to buyer. [Repealed.]

Compiler’s Notes.

This section (42c-6) was repealed by Acts 1966, ch. 255, § 283.

248.280. Storage warehouseman to grade and weigh tobacco — Receipts.

  1. Any person engaged in the business of warehouseman for the purpose of receiving, grading, handling, prizing and storing tobacco, shall, upon the receipt of tobacco, have competent persons to grade it into distinct and proper grades and weigh it. He shall give a warehouse receipt for the tobacco to the owner or consignor, setting forth each grade and the number of pounds.
  2. After complying with subsection (1) the warehouseman may commingle all tobacco so received into like grades and types.

History. 4814a-1, 4814a-4.

NOTES TO DECISIONS

1.Negotiability.

Warehouse receipts for storage of tobacco may be negotiable. Kirkpatrick v. Lebus, 184 Ky. 139 , 211 S.W. 572, 1919 Ky. LEXIS 44 ( Ky. 1919 ).

Research References and Practice Aids

Cross-References.

Tobacco for sale not to be commingled on warehouse floor, KRS 248.400 .

Treatises

Caldwell’s Kentucky Form Book, 5th Ed., Bond of Warehouseman, Form 332.03.

248.290. Warehouse license — Fees.

  1. Each warehouse shall pay to the department an annual license fee of one hundred twenty-five dollars ($125). A license fee shall be paid on each warehouse building operated as a place of sale for tobacco, regardless of the number of such buildings owned by any individual, corporation, firm, or other type of management organization. It shall be paid on July 1 of each year.
  2. The one hundred twenty-five dollar ($125) fee per license collected by the department shall be used by the department to carry out its functions under KRS 248.290 to 248.440 . All fines collected for violations of the provisions of KRS 248.350 shall be paid into the State Treasury to the credit of a revolving account to be used in the enforcement of KRS 248.350 .

History. 4814c-16: amend. Acts 1956, ch. 133; 1978, ch. 270, § 1, effective June 17, 1978; 1998, ch. 183, § 1, effective July 15, 1998.

Opinions of Attorney General.

The Home Tobacco Warehouse Company, which owns four separate warehouses, clearly would be required under the terms of this section to pay a separate license fee of $250 for each warehouse building regardless of the fact that the company owns all four (4) buildings, and regardless of the fact that there may only be one general office, provided, of course, that tobacco is sold at each separate warehouse, but if some tobacco warehouse buildings are used solely for storing tobacco no license would be required for such buildings. OAG 78-438 .

When the word “building” is strictly construed as in the context of a licensing statute, it does not embrace parts or segments of a building or structure. OAG 78-438 .

Research References and Practice Aids

Cross-References.

Warehouses and warehouseman, KRS ch. 359.

Warehouses subject to legislative control, Ky. Const., § 206.

248.300. Department to supervise warehouses — Inspectors and employees.

  1. The department shall administer KRS 248.290 to 248.440 , and shall have general supervision over the sale of tobacco in warehouses throughout the state.
  2. The Commissioner shall employ such inspectors and other employees as are necessary for the enforcement of KRS 248.290 to 248.440 , and fix the duties and compensation of those employees.

History. 4814c-14: amend. Acts 1978, ch. 270, § 3, effective June 17, 1978; 1998, ch. 183, § 2, effective July 15, 1998.

248.310. Duties and powers of inspectors.

  1. The inspectors employed under KRS 248.300 shall carry out a general inspection service of all warehouses and shall strictly enforce KRS 248.280 to 248.440 .
  2. An inspector employed by the department may:
    1. Reweigh any reasonable amount of tobacco that has been received by the tobacco warehouse.
    2. Determine the weight of all containers and devices used in the transport for the purpose of weighing tobacco on the warehouse floor and establish a weight tare for each warehouse.

History. 4814c-15: amend. Acts 1950, ch. 9, § 16; 1964, ch. 108; 1978, ch. 270, § 4, effective June 17, 1978; 1998, ch. 183, § 3, effective July 15, 1998.

Opinions of Attorney General.

An inspector’s reasons for requiring the reweighing of any tobacco should be made known to the warehouseman or his agent in charge. OAG 63-1077 .

Although an inspector would not have to have absolute knowledge or proof of improper weight, his reason for reweighing must be based upon a fact or evidence known to him that the tobacco has been improperly weighed. OAG 63-1077 .

In view of the fact that tobacco warehouses are public warehouses and in view of legislation which grants the department of agriculture power to license, supervise and regulate such warehouses, agents of the department are authorized to examine the records of tobacco warehouses. OAG 76-175 .

248.320. Auctions to be free and open.

All sales of leaf tobacco at public auction shall be free and open to all responsible bidders.

History. 4812.

NOTES TO DECISIONS

1.Allocation Among Bidders.

In view of evidence that major tobacco manufacturers customarily purchased ninety percent of crop at particular warehouse, and there were usually five (5) or six (6) independent buyers or speculators, injunction requiring warehouseman to allocate to plaintiff speculator a number of baskets equal to approximately one percent (1%) of the number of baskets sold at ceiling prices in sales in which the speculator participated, was, not improper. Germann v. Stanley, 300 Ky. 860 , 190 S.W.2d 547, 1945 Ky. LEXIS 658 ( Ky. 1945 ).

The fact that under O.P.A. ceiling prices more than one bidder frequently bid the maximum price, with result that tobacco was allocated among the bidders on a proportionate basis, did not mean that tobacco sales were no longer “auction” sales within the meaning of KRS 248.320 to 248.340 . Germann v. Stanley, 300 Ky. 860 , 190 S.W.2d 547, 1945 Ky. LEXIS 658 ( Ky. 1945 ).

2.Bid.

Permitting speculator to bid on tobacco would not injure producers, or disrupt government program of regulation of tobacco auctions. Germann v. Stanley, 300 Ky. 860 , 190 S.W.2d 547, 1945 Ky. LEXIS 658 ( Ky. 1945 ).

Refusal of tobacco warehouseman to permit tobacco speculator to bid for tobacco sold at warehouse violated these sections, notwithstanding federal O.P.A. regulations fixing ceilings on sales and restricting amount that might be sold to any one buyer. Germann v. Stanley, 300 Ky. 860 , 190 S.W.2d 547, 1945 Ky. LEXIS 658 ( Ky. 1945 ).

3.Conflict with Federal Law.

These sections are not in conflict with any federal law or regulation. Germann v. Stanley, 300 Ky. 860 , 190 S.W.2d 547, 1945 Ky. LEXIS 658 ( Ky. 1945 ).

Research References and Practice Aids

Cross-References.

Rights of bona fide purchaser against tobacco subject to lien of security interest, KRS 355.9-320 .

Treatises

Caldwell’s Kentucky Form Book, 5th Ed., Practice Context for Auctions and Auctioneers, § 334.00.

248.330. Combination to control or interfere with bidding prohibited.

No persons shall combine, by any rule, bylaw or otherwise, for the purpose of controlling, or in any way interfering with the free and unrestricted right to bid on or purchase leaf tobacco offered for sale at public auction at any warehouse or place of sale where tobacco is sold by warehousemen for others in this state.

History. 4810.

NOTES TO DECISIONS

1.Bond.

Where warehouseman executed bond undertaking to pay consignors of tobacco the proceeds thereof and the bond recited that warehouseman had become bound to execute bond by reason of membership in tobacco exchange, liability on bond could not be avoided on ground that tobacco exchange was illegal, being in restraint of trade. Globe Tobacco Warehouse Co. v. Leach, 43 S.W. 423, 19 Ky. L. Rptr. 1287 (1897).

2.Allocation Among Bidders.

In view of evidence that major tobacco manufacturers customarily purchased ninety percent (90%) of crop at particular warehouse, and there were usually five (5) or six (6) independent buyers or speculators, injunction requiring warehouseman to allocate to plaintiff speculator a number of baskets equal to approximately one percent of the number of baskets sold at ceiling prices in sales in which the speculator participated, was, not improper. Germann v. Stanley, 300 Ky. 860 , 190 S.W.2d 547, 1945 Ky. LEXIS 658 ( Ky. 1945 ).

The fact that under O.P.A. ceiling prices more than one bidder frequently bid the maximum price, with result that tobacco was allocated among the bidders on a proportionate basis, did not mean that tobacco sales were no longer “auction” sales within the meaning of KRS 248.320 to 248.340 . Germann v. Stanley, 300 Ky. 860 , 190 S.W.2d 547, 1945 Ky. LEXIS 658 ( Ky. 1945 ).

3.Bid.

Permitting speculator to bid on tobacco would not injure producers, or disrupt government program of regulation of tobacco auctions. Germann v. Stanley, 300 Ky. 860 , 190 S.W.2d 547, 1945 Ky. LEXIS 658 ( Ky. 1945 ).

Refusal of tobacco warehouseman to permit tobacco speculator to bid for tobacco sold at warehouse violated these sections, notwithstanding federal O.P.A. regulations fixing ceilings on sales and restricting amount that might be sold to any one buyer. Germann v. Stanley, 300 Ky. 860 , 190 S.W.2d 547, 1945 Ky. LEXIS 658 ( Ky. 1945 ).

4.Conflict with Federal Law.

These sections are not in conflict with any federal law or regulation. Germann v. Stanley, 300 Ky. 860 , 190 S.W.2d 547, 1945 Ky. LEXIS 658 ( Ky. 1945 ).

248.340. Preventing persons from bidding or purchasing prohibited.

No organization or corporation under the laws of this state shall prohibit any of its members or others from bidding on or purchasing leaf tobacco at any warehouse.

History. 4811.

NOTES TO DECISIONS

1.Allocation Among Bidders.

In view of evidence that major tobacco manufacturers customarily purchased ninety percent of crop at particular warehouse, and there were usually five (5) or six (6) independent buyers or speculators, injunction requiring warehouseman to allocate to plaintiff speculator a number of baskets equal to approximately one percent (1%) of the number of baskets sold at ceiling prices in sales in which the speculator participated, was, not improper. Germann v. Stanley, 300 Ky. 860 , 190 S.W.2d 547, 1945 Ky. LEXIS 658 ( Ky. 1945 ).

The fact that under O.P.A. ceiling prices more than one bidder frequently bid the maximum price, with result that tobacco was allocated among the bidders on a proportionate basis, did not mean that tobacco sales were no longer “auction” sales within the meaning of KRS 248.320 to 248.340 . Germann v. Stanley, 300 Ky. 860 , 190 S.W.2d 547, 1945 Ky. LEXIS 658 ( Ky. 1945 ).

2.Bid.

Permitting speculator to bid on tobacco would not injure producers, or disrupt government program of regulation of tobacco auctions. Germann v. Stanley, 300 Ky. 860 , 190 S.W.2d 547, 1945 Ky. LEXIS 658 ( Ky. 1945 ).

Refusal of tobacco warehouseman to permit tobacco speculator to bid for tobacco sold at warehouse violated these sections, notwithstanding federal O.P.A. regulations fixing ceilings on sales and restricting amount that might be sold to any one buyer. Germann v. Stanley, 300 Ky. 860 , 190 S.W.2d 547, 1945 Ky. LEXIS 658 ( Ky. 1945 ).

3.Conflict with Federal Law.

These sections are not in conflict with any federal law or regulation. Germann v. Stanley, 300 Ky. 860 , 190 S.W.2d 547, 1945 Ky. LEXIS 658 ( Ky. 1945 ).

248.350. Discrimination prohibited.

  1. No warehouse or warehouseman or person acting on behalf of any warehouse or warehouseman shall discriminate against any grower of tobacco in any way, including but not limited to, the sale, transportation, or handling of tobacco. All tobacco growers shall be entitled to the exact same considerations as all other tobacco growers serviced by the same warehouse, except that a warehouseman may distinguish among different types of packaging in setting the fee or commission.
  2. Nothing in this section shall permit a warehouseman to discriminate in any way among growers marketing tobacco in the same kind of package.
  3. No tobacco warehouseman selling leaf tobacco in this state shall discriminate between purchasers as to charges, samples, warranty or otherwise, whether the purchasers are members of the tobacco exchange or not.

History. 4813, 4814c-10: amend. Acts 1978, ch. 270, § 2, effective June 17, 1978; 1982, ch. 95, § 1, effective July 15, 1982.

NOTES TO DECISIONS

1.Duty of Warehousemen.

Warehousemen must admit the deposit of tobacco in their warehouses from all growers so requesting as long as there is available space for the purpose, or reserved space theretofore procured by the applicant who had theretofore been granted space. May v. Clay-Gentry-Graves Tobacco Warehouse Co., 284 Ky. 502 , 145 S.W.2d 84, 1940 Ky. LEXIS 529 ( Ky. 1940 ).

Opinions of Attorney General.

In view of the fact that tobacco warehouses are public warehouses and in view of legislation which grants the department of agriculture power to license, supervise and regulate such warehouses, agents of the department are authorized to examine the records of tobacco warehouses. OAG 76-175 .

A warehouseman can offer such a service as lending money to tobacco growers only when such a service is extended to all those growers using his warehouse, and failure to do so violates this section. OAG 78-536 .

It would appear to be a violation of the anti-discrimination provisions of subsection (1) of this section for a tobacco warehouse to charge a lower commission to tobacco farmers who elect to sell their tobacco by the bale method than it charges to tobacco farmers who elect to sell their tobacco by the tied method since the general assembly has eliminated flexibility and precluded the utilization of reasonable classifications in connection with the sale of tobacco by tobacco warehouses. OAG 81-401 .

248.353. Enforcement by Attorney General.

  1. Compliance with the provisions of KRS 248.350 shall be monitored by the department with enforcement assistance provided by the Special Prosecutions Unit of the Office of the Attorney General.
  2. The Attorney General at the request of the commissioner:
    1. May make such public or private investigations within or outside of this state as he deems necessary to determine if any person has violated or is about to violate KRS 248.350 or any administrative regulation or order thereunder, or to aid in the enforcement of KRS 248.350 or in the prescribing of administrative regulations and forms thereunder;
    2. May require or permit any person to file a statement in writing, under oath or otherwise as the Attorney General may determine, as to all the facts and circumstances concerning the matter to be investigated; and
    3. May publish information concerning any violation of KRS 248.350 or any administrative regulation or order thereunder.
  3. For the purpose of any investigation or proceeding under KRS 248.350 , the Attorney General or any officer designated by him may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the Attorney General deems relevant or material to the inquiry.
  4. In case of contumacy by, or refusal to obey a subpoena issued to, any person, any court of competent jurisdiction, upon application by the Attorney General, may issue to that person an order requiring him to appear before the Attorney General, or the officer designated by him, there to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question; and any failure to obey the order of the court may be punished by the court as a contempt of court.
  5. No person is excused from attending and testifying or from producing any document or record before the Attorney General, or in obedience to the subpoena of the Attorney General or any officer designated by him, or in any proceeding instituted by the Attorney General, on the ground that the testimony or evidence (documentary or otherwise) required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after claiming his privilege against self-incrimination, to testify or produce evidence (documentary or otherwise), except that the individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.

History. Enact. Acts 1978, ch. 270, § 5, effective June 17, 1978; 1998, ch. 183, § 4, effective July 15, 1998.

248.355. Class action suit — Damages, computation and distribution.

  1. The Attorney General shall be authorized to file a class action suit on behalf of all persons discriminated against in violation of KRS 248.350 and may recover monetary damages against any warehouse found to be in violation.
  2. Damages shall be computed so as to equate the value of services or other considerations received by all growers of tobacco serviced by the warehouse found to be in violation.
  3. Damages recovered pursuant to this section shall be distributed as follows:
    1. Payment of court costs and all fees incidental to the litigation;
    2. Payment of the expenses incurred by the Office of the Attorney General;
    3. Payment of the balance to the aggrieved tobacco growers based on the poundage serviced at that warehouse found to be in violation.

History. Enact. Acts 1978, ch. 270, § 6, effective June 17, 1978.

248.360. Rebates, special privileges and services by warehouses prohibited. [Repealed.]

Compiler’s Notes.

This section (4814c-12) was repealed by Acts 1978, ch. 270, § 9, effective June 17, 1978.

248.370. Maximum basket sales per hour — Hours and days of operation.

  1. The maximum sales of baskets of tobacco on warehouse floors shall not exceed three hundred and sixty (360) baskets during any one (1) hour, nor shall the rate of sales exceed three hundred and sixty (360) baskets per hour.
  2. The operating day at every warehouse shall be limited to five (5) actual selling hours and the operating week of every warehouse shall be limited to five (5) actual selling days.

History. 4814c-8.

NOTES TO DECISIONS

Cited:

Bale v. Glasgow Tobacco Board of Trade, Inc., 339 F.2d 281, 1964 U.S. App. LEXIS 3655 (6th Cir. 1964).

248.380. Sales of vocational education tobacco.

  1. In addition to the days allowed for sales under KRS 248.370 each warehouse may operate one (1) Saturday during each season for the sale of tobacco grown by persons under twenty-one (21) years of age under a vocational education program sponsored by county agents or other county, state or federal agencies.
  2. KRS 248.440 shall not apply to such sales.

History. 4814c-9.

248.390. Maximum height and weight of baskets of tobacco. [Repealed.]

Compiler’s Notes.

This section (4814c-7) was repealed by Acts 2000, ch. 105, § 3, effective July 14, 2000. For present law, see KRS 248.391 .

248.391. Height and weight requirements for baskets of tobacco.

The Commissioner shall promulgate administrative regulations establishing the height and weight requirements of a basket of tobacco when placed on a warehouse floor for the purpose of sale. In establishing the requirements, the Commissioner shall consider traditional height and weight standards for baskets of tobacco, and shall consider experimental marketing standards that may be applied from time to time.

History. Enact. Acts 2000, ch. 105, § 1, effective July 14, 2000.

248.400. Commingling of tobacco without grower’s consent prohibited.

No person shall commingle crops of tobacco on the warehouse floor while that tobacco is still the property of the grower, unless express permission for the commingling is obtained from the grower.

History. 4814c-11.

Research References and Practice Aids

Cross-References.

Storage warehousemen may commingle tobacco, when, KRS 248.280 .

248.410. Weighmen must be bonded.

  1. Warehouses shall submit to the department a list of the names of all weighmen employed. Each weighman so listed shall furnish a bond in the amount of five hundred dollars ($500) to the department for the faithful performance of his duty. Should any weighman knowingly and willfully, for the purpose of misleading the public, misrepresent or attempt to misrepresent the weight of any tobacco weighed by him on the warehouse floor, his bond shall be forfeited and the proceeds of it paid into the State Treasury.
  2. No person other than a bonded weighman shall be permitted to weigh tobacco for the purpose of sale at any tobacco warehouse.

History. 4814c-5, 4814c-6.

NOTES TO DECISIONS

Cited:

Peoples Tobacco Warehouse, Inc. v. Commonwealth, 310 S.W.2d 781, 1958 Ky. LEXIS 406 ( Ky. 1958 ).

Research References and Practice Aids

Cross-References.

Forfeitures inure to state, KRS 431.100 .

248.420. Inducement of false report by weighman prohibited.

No warehouseman shall attempt by any means to influence a weighman to report falsely the weight of any tobacco sold on the floor of his warehouse.

History. 4814c-18.

248.430. Notice of sales and producers to be posted — False notice prohibited.

  1. Any person who receives or undertakes to receive or take care of leaf tobacco for sale at public auction, whether with or without compensation, shall post or cause to be posted, a notice in a conspicuous place upon his premises, stating the number of pounds in the aggregate, actually sold, and the average price per pound received on account of each day’s sale. He shall post the notice not later than 9:00 a.m. on the day following the sale. He shall also, not less than thirty (30) minutes prior to such a sale, post at a point in the office of his warehouse, convenient and accessible for public inspection, a typewritten or printed list showing the true name and post office address of the owner and producer and the number of pounds of tobacco of each person whose tobacco will that day be offered for sale in the warehouse. No tobacco shall be delivered to or received by any warehouse for sale at public auction, unless the true names and post office addresses of the producer and owner of the tobacco are furnished the warehouse by the person delivering the tobacco. He shall also post on the outside of the scale house and in the farmer’s waiting room, if such places are in the warehouse, a schedule setting forth the rates of all commissions, fees, discounts and deductions.
  2. No person shall, in the notice required by subsection (1), falsify the actual number of pounds sold or the average price of the tobacco sold, or falsely list the name, post office address or number of pounds of tobacco of any producer or owner whose tobacco will that day be offered for sale, or furnish a false name or address of the owner or producer to any warehouse.

History. 4814b-1, 4814b-2, 4814b-4: amend. Acts 1962, ch. 30.

NOTES TO DECISIONS

1.Name of Producer.

Subsection (1) of this section was complied with where name of tenant producing on shares and delivering tobacco to warehouse was furnished warehouseman. Boblitt v. Commonwealth, 214 Ky. 760 , 285 S.W. 237, 1926 Ky. LEXIS 437 ( Ky. 1926 ).

Opinions of Attorney General.

Pursuant to the division of weights and measures general supervisory power it can in accordance with 302 KAR 77.010 require that the weight bill include the commission charge by the warehouse so as to more clearly publicize the total cost involved in the sale. OAG 77-4 .

248.440. Daily reports to be furnished by warehouses and released by department.

  1. Each warehouse shall submit, under regulations of the Commissioner, a daily system of sworn statements to include the total number of pounds of tobacco sold, the total amount paid for that tobacco and the average for the day for the particular warehouse reporting.
  2. The department shall obtain the statements daily and release to the press a collaboration of the state average for the day and the average for each respective marketing center.

History. 4814c-13.

248.450. Equipment used for transporting tobacco during weighing operation to be of uniform weight — Copy of section to be posted in scale office.

  1. In each tobacco warehouse, redryer, prize room, or company, all pieces of each type of equipment used for transporting baskets of tobacco during a weighing operation in which the quantity value of the tobacco in the basket is determined shall be of uniform weight. In any case where the equipment being used for that purpose is not the property of the warehouse, redryer, prize room, or company in which the weighing operation is taking place, the weighman shall use the same tare as that set by the Division of Regulation and Inspection. In every weighing operation involving the same basket, the basket tare shall be the same as that originally determined by the Division of Regulation and Inspection.
  2. Every tobacco warehouse, redryer, prize room, or company weighing tobacco for commercial purposes shall post a copy of this law in a conspicuous place in the scale office.

History. Enact. Acts 1956, ch. 56, §§ 1, 2, effective May 18, 1956; 2002, ch. 49, § 3, effective July 15, 2002.

248.460. Liability of warehouseman for destruction of or damage to tobacco in storage.

  1. As used in this section:
    1. “Tobacco storage warehouseman” shall mean a person who is engaged in the business of long term storage of tobacco in a storage warehouse or related facility;
    2. “Owner” shall mean a person who has contracted or agreed with a tobacco storage warehouseman for the long term storage of tobacco;
    3. “Long term storage” and “tobacco in storage” shall mean the storage of redried tobacco, expressly excluding tobacco owned by a grower being held or stored in an auction warehouse by a warehouseman for the purpose of sale;
    4. “Grower” means a person who is a producer of tobacco, either by himself or by tenant, sharecropper or hired person;
    5. “Auction warehouse” means any tobacco warehouse operating as a place of sale for tobacco;
    6. “Warehouseman” means a person who is the owner, operator, manager, lessee or proprietor of a warehouse engaged in selling tobacco or his agents or employees;
    7. “Person” means any legal entity.
  2. A tobacco storage warehouseman shall be liable to the owner for damages to or destruction of tobacco in storage due to the negligence of the tobacco storage warehouseman, his agents or employees. Evidence that the owner delivered tobacco to the tobacco storage warehouseman and that the tobacco was damaged or destroyed while stored with or in the care and custody of the tobacco storage warehouseman shall not be sufficient to create a presumption of negligence on the part of the tobacco storage warehouseman, or a prima facie case in favor of the owner.

History. Enact. Acts 1978, ch. 270, § 8, effective June 17, 1978.

Research References and Practice Aids

ALR

Presumptions and burden of proof or of evidence where goods stored in situation governed by Uniform Warehouse Receipts Act are stolen, or are damaged or lost by fire or water. 13 A.L.R.2d 681.

Statute of limitations governing damage action against warehouseman for loss of or damage to stored goods. 23 A.L.R.2d 1466.

Damages recoverable from warehouseman for negligence causing injury to, or destruction of, goods of a perishable nature. 32 A.L.R.2d 910.

Warehouseman’s liability for injury to or destruction of stored goods from floods, heavy rains, or the like. 60 A.L.R.2d 1097.

Liability of warehouseman for injury to stored goods as result of failure to maintain proper temperature. 92 A.L.R.2d 1298.

Sufficiency of warehouseman’s precautions to protect goods against fire. 42 A.L.R.3d 908.

Bailee’s liability as affected by bailment condition that bailor procure insurance. 83 A.L.R.3d 519.

Liability of warehouseman or other bailee for loss of goods stored at other than agreed-upon place, 76 A.L.R.4th 883.

248.470. Deduction from sales of tobacco for tobacco labor fund — Use of tobacco labor fund — Refund — Fine. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 140, § 1, effective July 14, 1992) was repealed by Acts 1994, ch. 71, § 1, effective July 15, 1994.

248.480. Kentucky Tobacco Settlement Trust Corporation — Board of directors — Duties — Amnesty compensation program — Liability. [Repealed]

HISTORY: Enact. Acts 2000, ch. 221, § 1, effective July 14, 2000; 2005, ch. 173, § 1, effective March 20, 2005; 2006, ch. 252, Pt. XX, § 1, effective April 25, 2006; repealed by 2021 ch. 12, § 12, effective March 12, 2021.

Tobacco Exhibition Center

248.500. Establishment of Kentucky Tobacco Exhibition Center.

  1. There shall be established the official Kentucky Tobacco Exhibition Center celebrating and documenting the contributions of tobacco to the history and economy of the Commonwealth and the role of Nelson County in tobacco’s growth, manufacturing, and sale in the state.
  2. The Kentucky Tobacco Exhibition Center shall be located in Nelson County.

History. Enact. Acts 1988, ch. 399, §§ 1, 2, effective July 15, 1988.

248.510. Tobacco research board membership — Compensation — Meetings — Quorum.

  1. The Kentucky Tobacco Research Board is hereby created. The board shall be composed of thirteen (13) voting members and one (1) nonvoting member as follows:
    1. Ten (10) permanent members who shall be the following officeholders or shall be designated by the following organizations: the Kentucky Farm Bureau Federation; the Kentucky Innovations Commission; the commissioner of the Kentucky Department of Agriculture; the dean of the University of Kentucky College of Agriculture; the Burley Growers Cooperative Association; the Council for Burley Tobacco; the Dark Fired Tobacco Association; the Kentucky Science and Technology Corporation; the chairman of the Senate Committee on Agriculture; and the chairman of the House Committee on Agriculture and Small Business. Each officeholder and organization shall designate an alternate who is authorized to serve when the member cannot be present at a meeting.
    2. Three (3) members at large, at least one (1) of whom is a tobacco farmer in Kentucky and at least one (1) of whom has research and development experience in the public or private sector, who shall be appointed by the Governor with the advice and consent of the Legislative Research Commission.
    3. One (1) nonvoting member from the University of Kentucky, who shall be the University of Kentucky Vice President for Research, or the Vice President’s designee. The nonvoting member of the board may be counted in determining a quorum, but the nonvoting member shall not vote on matters before the board.
  2. No member of the board shall receive any salary, fee, or other remuneration for his services as a member of the board but each member shall be reimbursed for his ordinary travel expenses, including meals and lodging, incurred in the performance of his duties incident to implementation of the provisions of KRS 248.510 to 248.570 .
  3. The term of the ten (10) members designated in paragraph (a) of subsection (1) of this section shall not change but they shall be permanent members in terms of the organizations and offices named. At-large members and the tobacco industry member shall serve two (2) year terms.
  4. The board shall elect, by a majority vote of the thirteen (13) voting members, a chairman and a vice chair. The chairman shall be the presiding officer of the board, shall preside at all meetings, and coordinate the functions and activities of the board. The chairman shall be elected or reelected annually and shall be a permanent member or an at-large member of the board. The vice chair shall conduct meetings in the absence of the chairman. The board shall have such other organization as deemed necessary and approved by the board.
  5. Meetings of the board shall be held at least quarterly but may be held more frequently as deemed necessary subject to call by the chairman or by request of a majority of the board members. Board meetings shall concern, among other things, policy matters relating to research projects and programs, research progress reports, authorization of projects and financial plans, and such other matters as necessary to carry out the intent of KRS 248.510 to 248.570 .
  6. Seven (7) members of the board shall constitute a quorum for doing business. Each member shall have one (1) vote and a majority vote of the members present shall control on all questions.

History. Enact. Acts 1970, ch. 255, § 1; 1972, ch. 212, § 1; 1982, ch. 324, § 1, effective July 15, 1982; 2002, ch. 98, § 2, effective July 15, 2002; 2009, ch. 32, § 2, effective June 25, 2009.

Compiler’s Notes.

The provisions in this section which authorize the Legislative Research Commission to advise and consent on certain appointments to the Tobacco Research Board were declared unconstitutional in Legislative Research Comm’n ex rel. Prather v. Brown, 664 S.W.2d 907 ( Ky. 1984 ).

NOTES TO DECISIONS

1.Constitutionality.

The provisions in this section which authorize the Legislative Research Commission to advise and consent on certain appointments to the Tobacco Research Board are invalid as an impermissible incursion into the appointment power of the executive branch of government. Legislative Research Com. by Prather v. Brown, 664 S.W.2d 907, 1984 Ky. LEXIS 300 ( Ky. 1984 ).

Opinions of Attorney General.

This section does not authorize members of the Kentucky tobacco research board to appoint another member of the board as their proxy to act in their absence. OAG 72-29 .

The board’s action in extending the terms of its officers and at large members pending appointments by the Governor under the 1982 amendment to this section was a prudent way of ensuring the stability and continuity of the tobacco research program and was thus consistent with the board’s legislative charge. OAG 82-330 .

Research References and Practice Aids

Kentucky Law Journal.

Snyder and Irland, The Separation of Governmental Powers Under the Constitution of Kentucky: A Legal and Historical Analysis of L.R.C. v. Brown, 73 Ky. L.J. 165 (1984-85).

248.520. Duties of board.

The Kentucky Tobacco Research Board shall:

  1. Formulate policies and procedures as necessary to carry out the provisions of KRS 248.510 to 248.570 .
  2. Promulgate rules and regulations as necessary to carry out the provisions of KRS 248.510 to 248.570 and to ensure proper expenditure of state funds appropriated for the purposes of KRS 248.510 to 248.570 .
  3. Review and authorize research projects and programs to be undertaken and financed under the provisions of KRS 248.510 to 248.570 .
    1. The facilities designated the Tobacco and Health Research Institute before July 15, 2002, shall be retained and operated by the University of Kentucky exclusively for the program and activities described in KRS 248.580 .
    2. In addition to the research and development funded by authority of the Kentucky Tobacco Research Board, the board is authorized to allow other research operations having related or complementary interests to share this physical facility with the Kentucky Tobacco Research and Development Center, subject to approval of the board.
  4. Review and approve all progress and final research reports on projects authorized under the provisions of KRS 248.510 to 248.570 .
  5. Ensure that state funds, appropriated by KRS 248.510 to 248.570 or any other act for tobacco research, are not diverted to any other use and that all authorized research projects are directed toward:
    1. Preserving and strengthening tobacco agriculture in Kentucky;
    2. Facilitating the progress of commercial endeavors in crop agriculture which have potential to provide entirely new market opportunities for tobacco growers; and
    3. Applying, when appropriate, previously authorized research initially conducted with tobacco to other plants which might be grown commercially in Kentucky, thus obtaining the fullest possible practical benefit from the research progress.
  6. Provide the Governor, the General Assembly, and the Legislative Research Commission an annual report by January 30 of each year showing the status of funds appropriated under KRS 248.510 to 248.570 for tobacco research and the progress of the board in terms of the results of its tobacco research efforts.
  7. Advise the General Assembly by January 30 during each even-numbered-year regular session of the need for continuation of the Kentucky Tobacco Research Board and the tax levied by Chapter 255 of the Acts of 1970 for the purpose of financing tobacco and related new crops research programs as provided by KRS 248.510 to 248.570 .
  8. Approve and release public statements relating to the progress and results of research projects.

History. Enact. Acts 1970, ch. 255, § 2; 1972, ch. 212, § 2; 2001, ch. 58, § 19, effective June 21, 2001; 2002, ch. 98, § 3, effective July 15, 2002.

Opinions of Attorney General.

The board, in its discretion, has the authority to employ full or part-time employees and consultants. OAG 70-495 .

A small percentage of the research of the tobacco and health research institute could be subcontracted. OAG 70-659 .

Some of the research may be done at a physical location other than the campus of the University of Kentucky. OAG 70-659 .

The Kentucky tobacco research board could not move a portion of, or all of, the research work to Spindletop. OAG 70-659 .

The provision of subsection (5) of this section charges the Kentucky tobacco research board with the duty of making certain that title to all research equipment remains in the Commonwealth, although certain research projects may now be conducted in places other than the University of Kentucky Tobacco and Health Research Institute. OAG 72-547 .

The board’s action in extending the terms of its officers and at large members pending appointments by the Governor under the 1982 amendment to KRS 248.510 was a prudent way of ensuring the stability and continuity of the tobacco research program and was thus consistent with the board’s legislative charge. OAG 82-330 .

248.530. Technical adviser. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 255, § 3) was repealed by Acts 2002, ch. 98, § 9, effective March 28, 2002. For present law, see KRS 248.580 .

248.540. Tobacco research-trust fund.

  1. The tax revenues received from the additional one-half cent ($0.005) tax levied by Chapter 255 of the Acts of 1970 shall be credited to a tobacco research-trust fund which is hereby created.
  2. Federal funds which may be made available to supplement or match state funds for research programs provided for by KRS 248.510 to 248.570 shall be credited to the trust fund created in subsection (1) of this section.
  3. Funds deposited to the credit of the tobacco research-trust fund shall be used to finance the research programs authorized under the provisions of KRS 248.510 to 248.570 and for no other purpose.
  4. Funds unexpended at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year or biennium, provided, however, that such surplus shall be included in the budget considered and approved by the board for the ensuing period.

History. Enact. Acts 1970, ch. 255, § 6; 2002, ch. 98, § 4, effective July 15, 2002.

248.550. Appropriation and use of funds — Revenue estimates to be supplied by Office of State Budget Director.

  1. The amount of revenues collected and/or credited to the tobacco research-trust fund shall be appropriated each year to the Kentucky Tobacco Research and Development Center to finance research projects and programs as provided in KRS 248.510 to 248.570 and shall be expended by the institute only on those projects and programs authorized by the Kentucky Tobacco Research Board.
  2. The Office of State Budget Director shall supply revenue estimates of the amount of revenue anticipated to be collected during each fiscal year by the added one-half cent ($0.005) tax on cigarettes which estimate, along with any federal funds available, shall be the basis for preparing tobacco research programs and budget requests for each fiscal year.

History. Enact. Acts 1970, ch. 255, § 7; 1988, ch. 273, § 12, effective July 15, 1988; 2000, ch. 46, § 28, effective July 14, 2000; 2002, ch. 98, § 5, effective July 15, 2002.

248.560. Proposed research program — Budget.

  1. The Kentucky Tobacco Research and Development Center shall prepare a proposed research program and budget request for each fiscal year and shall present such documents to the Kentucky Tobacco Research Board for consideration and approval. The budget shall be based on revenue estimates as provided in KRS 248.550 .
  2. The budget shall provide for payment of expenses incurred by Kentucky Tobacco Research Board members as provided in subsection (2) of KRS 248.510 , and for other administrative costs of the board.
  3. The Kentucky Tobacco Research Board shall consider the university recommendations and shall approve a budget for each fiscal year which shall be the basis for expending funds appropriated by KRS 248.510 to 248.570 . The budget and proposed research program shall be considered by the board in terms of the intent of KRS 248.510 to 248.570 .
  4. The university is authorized to proceed to execute the budget approved by the Kentucky Tobacco Research Board and may expend funds accordingly, and, the Finance and Administration Cabinet is hereby authorized to issue warrants for this purpose upon request by the university.
  5. Copies of the approved budget shall be filed by the board with the Legislative Research Commission and the Finance and Administration Cabinet.

History. Enact. Acts 1970, ch. 255, § 8; 2002, ch. 98, § 6, effective July 15, 2002.

248.570. Records — Quarterly financial report to board.

  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 necessary to implement the provisions of KRS 248.510 to 248.570 .
  2. The University of Kentucky shall furnish to the Kentucky Tobacco Research Board and the Legislative Research Commission a quarterly financial report showing the status of funds and the status of all research projects authorized under the provisions of KRS 248.510 to 248.570 .

History. Enact. Acts 1970, ch. 255, § 9; 1982, ch. 324, § 2, effective July 15, 1982.

Opinions of Attorney General.

In light of this section and KRS ch. 45, the Kentucky tobacco research board does not have the power to establish its own regulations governing the payment of travel expense vouchers and, while the board may appropriate funds for the payment of its members’ expense vouchers, any disbursements from this account must be approved by the department of finance. OAG 72-547 .

248.580. Kentucky Tobacco Research and Development Center — Use of certain 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 having related or complementary interests, including but not limited to commercialization potential of tobacco and plant research, plant natural products research and research into development of new crops based on tobacco and other plants.
  3. The Kentucky Tobacco Research and Development Center may share its physical facility with other research operations having these and similar interests, subject to approval of the Kentucky Tobacco Research Board.
  4. State funds appropriated by the General Assembly under KRS 248.510 to 248.570 shall be used solely for research conducted by, or operations of, the Kentucky Tobacco Research and Development Center and the Kentucky Tobacco Research Board.

History. Enact. Acts 2002, ch. 98, § 1, effective July 15, 2002.

248.610. Restriction on use of tobacco stalks — Exception.

  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 innovative uses for tobacco.
  2. The Department of Agriculture shall enforce this section, and shall initiate prosecution whenever and wherever it has reasonable grounds to believe this section is being violated.

History. Enact. Acts 1972, ch. 308, § 1; 1994, ch. 146, § 1, effective July 15, 1994; 2002, ch. 98, § 7, effective July 15, 2002.

Settlement and Development Funds

248.650. Agricultural Diversification and Development Council — Members — Authority for administrative regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 586, § 1, effective July 15, 1998) was repealed by Acts 2006, ch. 122, § 1, effective July 12, 2006.

248.652. Agricultural diversification and development fund — Source of moneys — Administration. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 586, § 2, effective July 15, 1998) was repealed by Acts 2006, ch. 122, § 1, effective July 12, 2006.

248.654. Tobacco settlement agreement fund — Source of moneys — Distribution of 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 the participating tobacco manufacturers and the forty (40) settling states or related federal legislation. All investment income earned from moneys deposited in the fund prior to and after April 26, 2000, shall accrue to the fund. Any funds designated to the Commonwealth from the settlement agreement or related federal legislation and all investment income accruing to the fund shall not be expended until appropriated by the General Assembly. The General Assembly’s highest priority for distributing any funds from this account shall be for tobacco farmers and tobacco-impacted communities and health-related areas. Moneys in the fund, including all investment income accruing to the fund, shall be distributed within twenty (20) days of April 26, 2000, and within twenty (20) days of receipt of any moneys deposited to the fund after April 26, 2000, as follows:

  1. Fifty percent (50%) to the rural development fund created in KRS 248.655 ;
  2. Twenty-five percent (25%) to the early childhood development fund created in KRS 200.151 ; and
  3. Twenty-five percent (25%) to the Kentucky health care improvement fund created in KRS 194A.055 .

History. Enact. Acts 1998, ch. 586, § 3, effective July 15, 1998; 2000, ch. 546, § 1, effective April 26, 2000.

Official Comments

2022-2024 Budget Reference.

See State/Executive Branch Budget, 2022 Ky. Acts ch. 199, Pt. I, A, 18, (1) at 1643.

2022-2024 Budget Reference.

See State/Executive Branch Budget, 2022 Ky. Acts ch. 199, Pt. I, F, 7, (2), at 1669.

2022-2024 Budget Reference.

See State/Executive Branch Budget, 2022 Ky. Acts ch. 199, Pt. X, (5), at 1759.

2022-2024 Budget Reference.

See State/Executive Branch Budget, 2022 Ky. Acts ch. 199, Pt. X, A, at 1760.

2022-2024 Budget Reference.

See State/Executive Branch Budget, 2022 Ky. Acts ch. 199, Pt. X, B, at 1760.

2022-2024 Budget Reference.

See State/Executive Branch Budget, 2022 Ky. Acts ch. 199, Pt. X, C, at 1760.

2022-2024 Budget Reference.

See State/Executive Branch Budget, 2022 Ky. Acts ch. 199, Pt. X, D, at 1761.

2022-2024 Budget Reference.

See State/Executive Branch Budget, 2022 Ky. Acts ch. 199, Pt. X, E, at 1762.

248.655. Rural development fund — Purpose — Source of moneys — Strategic plan 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 residents of the Commonwealth. The fund may receive state appropriations, gifts, grants, and federal funds and shall be disbursed by the State Treasurer upon the warrant of the chair of the rural development board. Before and after July 1, 2000, fifty percent (50%) of the proceeds in the tobacco settlement agreement fund shall be deposited in this fund as provided under KRS 248.654 . All investment income earned from moneys deposited in the fund shall accrue to the fund. The moneys in the fund shall not lapse at the close of any fiscal year but shall be carried forward in the next fiscal year for the purpose of the fund. The board shall develop and oversee the implementation of a strategic plan. The strategic plan shall identify both short-term and long-term goals and the appropriate oversights to measure progress toward achievement of those goals, and it shall be updated every two (2) years. The board shall submit an annual report to the Governor and the Legislative Research Commission by September 1 of each year for the preceding fiscal year, outlining its activities and expenditures. The Auditor of Public Accounts, on an annual basis, shall conduct a thorough review of all expenditures from the fund and, if necessary in the opinion of the Auditor, an audit of the operations of the fund. No money in the fund shall be allocated until the board has adopted a strategic plan.

History. Enact. Acts 2000, ch. 546, § 2, effective April 26, 2000.

Compiler’s Notes.

Section 6 of Acts 2000, ch. 546, effective April 26, 2000, read: “Fifty percent of the proceeds of the tobacco settlement agreement fund on the effective date of this Act, and of any additions thereto prior to July 1, 2000, shall be deposited in the rural development fund establish by Section 2 of this Act [this section] for the purpose set forth in that section for that fund.”

248.656. Entities eligible to receive moneys from the agricultural diversification and development fund. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 586, § 4, effective July 15, 1998) was repealed by Acts 2006, ch. 122, § 1, effective July 12, 2006.

248.658. Authorization for council to distribute grant and loan funds from the agricultural diversification and development fund. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 586, § 5, effective July 15, 1998) was repealed by Acts 2006, ch. 122, § 1, effective July 12, 2006.

248.660. Permissible uses for funds distributed to the Kentucky Department of Agriculture. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 586, § 6, effective July 15, 1998) was repealed by Acts 2006, ch. 122, § 1, effective July 12, 2006.

248.662. Permissible uses for funds distributed to the University of Kentucky and Kentucky State University Extension Service programs and the University of Kentucky College of Agriculture. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 586, § 7, effective July 15, 1998) was repealed by Acts 2006, ch. 122, § 1, effective July 12, 2006.

248.664. List of recipients of moneys from tobacco settlement agreement fund for 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, agency, corporation, authority, or other entity responsible for the distribution of the moneys to all designees of the Cabinet for Health and Family Services for the administration of the child support program.

History. Enact. Acts 2000, ch. 430, § 8, effective July 14, 2000; 2005, ch. 99, § 567, effective June 20, 2005.

Tobacco Master Settlement Agreement

248.701. Definitions for KRS 248.701 to 248.727.

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” means the Tobacco Settlement Agreement Fund Oversight Committee created by KRS 248.723 ;
  4. “Council” means an agricultural development council required by KRS 248.721 ;
  5. “Master Settlement Agreement” means the settlement agreement dated November 23, 1998, entered into by the Commonwealth of Kentucky and major United States tobacco product manufacturers; and
  6. “Phase II Agreement” means the National Tobacco Grower Settlement Trust Agreement dated July 19, 1999, entered into by tobacco states and major tobacco companies to compensate tobacco growers and quota owners for losses resulting from the Master Settlement Agreement.

History. Enact. Acts 2000, ch. 530, § 1, effective April 26, 2000.

248.703. Allocation of moneys received in tobacco settlement agreement fund from 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 the agricultural development fund created in KRS 248.655 . The moneys received in the fund, along with the accrued interest, shall be further allocated as follows:
    1. Thirty-five percent (35%) to the counties account; and
    2. Sixty-five percent (65%) for other projects throughout the state.
  2. The allocation within the counties account in the agricultural development fund for each county shall be assured for use in each county and shall be based on the following weighted factors:
    1. Fifty percent (50%) weight to the county’s percentage of the state’s tobacco allotment based on 1999 data;
    2. Twenty-five percent (25%) weight to the county’s number of farms with tobacco quotas in the county as a percentage of farms with tobacco quotas statewide, based on 1999 data; and
    3. Twenty-five percent (25%) weight to the economic impact index for each county which shall be calculated in the following manner:
      1. The tobacco income for each county (1997 burley tobacco production times average burley market price) divided by the total personal income for each county. The data used shall reflect the year most recently available for total personal income.
      2. The percentage derived in subparagraph 1. of this paragraph (tobacco income as a percentage of total personal income for each county) shall then be summed across all counties.
      3. The economic impact index amount shall be each county’s tobacco income as a percentage of total personal income, divided by the aggregate percentage stated in subparagraph 2. of this paragraph.
  3. When a county’s allocation is exhausted, applicants from that county may apply for funds from the other sixty-five percent (65%) of the moneys in the agricultural development fund. Failure by a county to exhaust its county allocation shall not preclude the county from receiving the benefits of a proposal approved by the board from state funds.
  4. Any funds directly appropriated by the General Assembly shall be assessed against the percentage of funds allocated to the state portion of the agricultural development fund.
  5. Interest earned on any moneys in any fund or account created in KRS 248.701 to 248.727 shall accrue to that fund or account until transferred to another fund or account created or referenced in KRS 248.701 to 248.727 .
  6. None of the moneys left at the end of a fiscal year in any fund or account created or referenced in KRS 248.701 to 248.727 shall lapse, but shall stay with the fund or account as long as the fund or account exists, or until the moneys are transferred to another fund or account created or referenced in KRS 248.701 to 248.727 . In the case of any fund or account created in KRS 248.701 to 248.727 that is terminated with a remaining balance, the balance shall remain in the agricultural development fund.

History. Enact. Acts 2000, ch. 530, § 2, effective April 26, 2000; 2005, ch. 173, § 2, effective March 20, 2005.

Official Comments

2022-2024 Budget Reference.

See State/Executive Branch Budget, 2022 Ky. Acts ch. 199, Pt. I, A, 18, (1) at 1643.

2022-2024 Budget Reference.

See State/Executive Branch Budget, 2022 Ky. Acts ch. 199, Pt. I, A, 21, (5) at 1645.

2022-2024 Budget Reference.

See State/Executive Branch Budget, 2022 Ky. Acts ch. 199, Pt. I, A, 21, (6) at 1646.

2022-2024 Budget Reference.

See State/Executive Branch Budget, 2022 Ky. Acts ch. 199, Pt. I, F, 7, (2) at 1669.

See State/Executive Branch Budget, 2022 Ky. Acts ch. 199, Pt. X, (5) at 1759.

See State/Executive Branch Budget, 2022 Ky. Acts ch. 199, Pt. X, E at 1762.

2022-2024 Budget Reference.

See State/Executive Branch Budget, 2022 Ky. Acts ch. 199, Pt. X, A at 1760.

2022-2024 Budget Reference.

See State/Executive Branch Budget, 2022 Ky. Acts ch. 199, Pt. X, B at 1760.

2022-2024 Budget Reference.

See State/Executive Branch Budget, 2022 Ky. Acts ch. 199, Pt. X, C at 1760.

2022-2024 Budget Reference.

See State/Executive Branch Budget, 2022 Ky. Acts ch. 199, Pt. X, C, 1, (2) at 1760.

2022-2024 Budget Reference.

See State/Executive Branch Budget, 2022 Ky. Acts ch. 199, Pt. X, C, 1, (3) at 1760.

248.705. Phase II supplement funds. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 530, § 3, effective April 26, 2000) was repealed by Act 173, Part XXII, § 3, effective March 20, 2005.

248.707. Agricultural Development Board.

  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 public agency within the meaning of KRS 61.805 , 61.870 , and other applicable statutes.
  2. The board shall consist of sixteen (16) members as follows:
    1. Five (5) voting members or their designees, as follows:
      1. The Commissioner of Agriculture, who shall serve as chairperson. The Commissioner of Agriculture may designate a representative to serve as chairperson in the Commissioner’s absence;
      2. The Governor of the Commonwealth of Kentucky;
      3. The secretary of the Cabinet for Economic Development;
      4. The director of the University of Kentucky Cooperative Extension Service; and
      5. The president of Kentucky State University; and
    2. Eleven (11) voting members appointed by the Commissioner, who shall be geographically distributed throughout the state and subject to confirmation as provided in KRS 11.160(2). The members shall be as follows:
      1. Seven (7) active farmers, at least four (4) of whom shall be from counties that are substantially tobacco-impacted, as determined by a formula that includes tobacco income as a percentage of total personal income in the county, and at least two (2) of whom shall have experience in agricultural diversification;
      2. One (1) representative of the Kentucky Farm Bureau;
      3. One (1) representative of the Kentucky Chamber of Commerce, who shall be an agribusiness person;
      4. One (1) attorney with farm experience and familiarity with agricultural policy; and
      5. One (1) agricultural lender.
  3. The members appointed under subsection (2)(b)2. and 3. of this section shall be chosen from a list of three (3) nominees submitted to the Commissioner by each of the respective organizations.
  4. Consideration shall be given to racial and gender equity in the appointment of board members.
  5. The majority of the voting members shall be active farmers.
  6. Members of the board shall be reimbursed for expenses incurred in the performance of their duties.
  7. Except as provided in paragraphs (a) to (d) of this subsection, The terms of the members appointed by the Commissioner shall be for four (4) years and until their successors are appointed and confirmed. A vacancy on the board shall be filled for the remainder of the unexpired term in the same manner as the original appointment. Members may be reappointed. The initial appointments shall be for staggered terms, as follows:
    1. Two (2) members shall be appointed for one (1) year;
    2. Three (3) members shall be appointed for two (2) years;
    3. Three (3) members shall be appointed for three (3) years; and
    4. Three (3) members shall be appointed for four (4) years.
  8. The board shall meet monthly, or at the call of the chair or a majority of the voting members.
  9. A quorum of the board shall consist of nine (9) voting members. A majority of the voting members present may act upon matters before the board.
  10. The board shall be attached to the Department of Agriculture.
  11. Staff services for the board shall be provided by the Department of Agriculture.
  12. The Agricultural Development Board shall not be subject to reorganization under KRS Chapter 12.

HISTORY: Enact. Acts 2000, ch. 530, § 4, effective April 26, 2000; 2007, ch. 137, § 182, effective June 26, 2007; 2021 ch. 12, § 8, effective March 12, 2021.

Legislative Research Commission Notes.

(3/12/2021). This statute was amended by Section 8 of 2021 Ky. Acts ch. 12. Section 16 of that Act states, in part: “[I]t is imperative that the continuity of the Agricultural Development Board and the Kentucky Agricultural Finance Corporation remain as established upon the effective date of this Act. Therefore, it is the intent of the General Assembly that each member of the Agricultural Development Board and the Kentucky Agricultural Finance Corporation shall serve his or her term as appointed and shall not be replaced unless by resignation and duly recognized.”

248.709. Duties of board.

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 institutions of public postsecondary education for financial and technical assistance in conducting alternative crop development research. The board shall assist the applicants in obtaining any necessary federal permits that may be required to conduct alternative crop research. A recipient institution shall report the status and progress of the alternative crop development research to the board, the Interim Joint Committee on Agriculture, and the Tobacco Settlement Agreement Fund Oversight Committee. The board shall promulgate administrative regulations relating to growing and researching alternative crops at the selected postsecondary institution, and shall adopt any applicable federal regulations;
  3. Developing guidelines and criteria for eligibility for and disbursement of funds, the types of direct and indirect economic assistance to be awarded, and procedures for applying for funds and reviewing applications for assistance;
  4. Ensuring that each county agricultural development council’s plans and county recommendations and applications receive major consideration in decisions on use of a county’s funds;
    1. Completing a comprehensive plan and updating the plan no less than every ten (10) years.
    2. The comprehensive plan shall propose short-term and long-term goals, strategies, and investments in Kentucky agriculture that will assist farmers in remaining competitive in existing and new enterprises. The comprehensive plan shall identify a diversified mix of enterprises that are profitable to farmers and shall determine the investments necessary to support the viability of those enterprises. The plan shall be reviewed by the General Assembly and the subcommittee created in KRS 248.723 . The subcommittee may issue comment on the plan. However, the board may act without General Assembly approval.
    3. Notwithstanding the provisions of 2000 Ky. Acts ch. 546, immediate funding needs may be addressed and funded before a comprehensive or strategic plan is completed. Proposals from an applicant may be approved by the board if they meet the criteria established in KRS 248.713 ;
  5. Preparing a biennial budget request in accordance with KRS Chapter 48;
  6. Working with other governmental agencies to maximize the financial and economic impact that the programs implemented by the board will have and to maximize receipt of federal and other funds to the agriculture community in the Commonwealth;
  7. Promulgating administrative regulations relating to carrying out the purposes of KRS 248.701 to 248.727 ;
  8. Hiring an executive director to carry out the will of the board and who shall report solely to the Commissioner;
  9. Ensuring the necessary mechanisms are in place for the committees created by KRS 248.715 to function effectively;
  10. Contracting with other persons or entities if necessary to effectuate the board’s purposes and functions;
  11. Enacting bylaws concerning the conduct of the board’s business and other administrative procedures as the board deems necessary;
  12. Developing criteria to evaluate the success of the board’s programs and expenditures to applicants. The criteria shall be simple, easily measured, and easily understood. Criteria should include number of families farming, increases in farm income attributable to state programs, the number of diversified operations, and the number of different types of diversified efforts within a county, including the efforts that have failed;
  13. Providing reports of each meeting, along with expenditures approved or denied, within thirty (30) days of the meeting, to the Tobacco Settlement Agreement Fund Oversight Committee created by KRS 248.723 . These reports shall contain detailed information relating to each expenditure by the board and detailed information on each application for funding a project or initiative by the board and decision by the board regarding each proposal, except information that may violate confidentiality. This information shall be provided by electronic format as prescribed by the Legislative Research Commission;
  14. Submitting an annual written report to the Governor, the Commissioner of Agriculture, the Tobacco Settlement Agreement Fund Oversight Committee, and the Legislative Research Commission regarding the administrative, financial, and programmatic activities of the board; and
  15. Making recommendations to the General Assembly through the Legislative Research Commission on possible adjustments to the funding formula for county allocations and the percent allocated to counties as provided in KRS 248.703 .

HISTORY: Enact. Acts 2000, ch. 530, § 5, effective April 26, 2000; 2010, ch. 135, § 6, effective July 15, 2010; 2021 ch. 12, § 9, effective March 12, 2021.

Legislative Research Commission Notes.

(3/12/2021). Under the authority of KRS 7.136(1), the Reviser of Statutes has altered the format of the text in subsection (5) of this statute during codification. The words in the text were not changed.

248.711. Criteria for application for state funds — Uses and restrictions on funds in 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:
    1. Assistance to tobacco farmers and communities in counties most affected by the loss in tobacco income;
    2. Assistance to communities most dependent on agriculture;
    3. Enhancement and promotion of agriculture in the Commonwealth;
    4. Merits of the proposal in the application;
    5. Compatibility with state and local agriculture-related comprehensive plans;
    6. Documentation of measures likely to ensure soundness of the proposal such as cash flow, security, market evaluation, and infrastructure considerations;
    7. Promotion of diversification;
    8. Regional orientation;
    9. Cooperation among entities involved in the project and application process; and
    10. Effect on the economic viability of family farms.
  2. Uses and restrictions on the funds in the counties account shall include, but not be limited to, the following:
    1. Funds may be used for deferred, no-interest, or low-interest venture capital loans to enhance farms’ revenues by initiating:
      1. Current farming techniques or practices improvements; or
      2. New farming ventures on the farm;
    2. Funds used for loans shall be administered through a duly licensed or chartered financial institution organized and regulated:
      1. Under the laws of this state in accordance with KRS Chapter 286; or
      2. Created by Congress and organized and regulated in accordance with provisions of federal law;
    3. Terms of the loans may include a limit on deferral of payment of interest or principal to five (5) years, and a limit on the interest rates. Repaid loans and interest shall be credited to the appropriate county’s allocation within the counties account;
    4. Funds may be used as grants for local agricultural economic development projects;
    5. Funds may be used as grants for water line extension to farms or for a fifty percent (50%) match for water improvements on farms;
    6. Funds may be used for programs to assist farmers in transitioning from one (1) type of farming to another or from farming to another vocation;
    7. Local governments may apply for funds to clean up environmental problems created by a farm failure where there is no reasonable prospect that the problem will be cleaned up by a private individual or entity;
    8. Eligibility for funds in this subsection shall require that:
      1. Tobacco farmers be given priority;
      2. Applicants have sufficient equity to assure a reasonable chance of success of the action proposed for funding;
      3. Small farmers have as equal access to the funds as large farmers; and
      4. Consideration be given to what percent of a county’s allocation of moneys an applicant is requesting; and
    9. Counties may use their funds for multicounty or regional projects. They may also use their funds to maximize state or federal matching fund programs.
  3. In administering the fund under KRS 248.709(1), the board shall be governed by the following principles:
    1. Individuals, groups, educational institutions, governmental entities, cooperatives, including limited cooperative associations, and other agriculturally related entities are eligible to receive moneys from the fund; and
    2. The board shall receive five hundred thousand dollars ($500,000) for administrative costs in fiscal year 2001 and six hundred thousand dollars ($600,000) in fiscal year 2002. These amounts shall include any costs necessary to offset administrative expenses incurred by the county cooperative extension service offices for providing administrative support to the agricultural development councils as provided in KRS 248.721 .
  4. If the state board recommends that an application not be approved or that it be changed, the applicant may take the application before the oversight subcommittee created in KRS 248.723 for discussion and possible resolution of differences.

History. Enact. Acts 2000, ch. 530, § 6, effective April 26, 2000; 2012, ch. 160, § 138, effective July 12, 2012.

Legislative Research Commission Notes.

(7/12/2006). 2006 Ky. Acts ch. 247 instructs the Reviser of Statutes to adjust KRS references throughout the statutes to conform with the 2006 renumbering of the Financial Services Code, KRS Chapter 286. Such an adjustment has been made in this statute.

2022-2024 Budget Reference.

See State/Executive Branch Budget, 2022 Ky. Acts ch. 199, Pt. I, A, 21, (7) at 1646.

See State/Executive Branch Budget, 2022 Ky. Acts ch. 199, Pt. X, C, 1, (1) at 1760.

248.713. Use of county allocation funding.

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 KRS 248.711(2).

HISTORY: Enact. Acts 2000, ch. 530, § 7, effective April 26, 2000; 2021 ch. 12, § 10, effective March 12, 2021.

Legislative Research Commission Notes.

(3/12/2021). Under the authority of KRS 7.136(1), the Reviser of Statutes has changed a reference in this statute to reflect the reformatting of KRS 248.709(5) during codification. No words were changed in the text of either section.

248.715. Committees of board.

  1. The board shall create committees, including, but not limited to:
    1. Access to Capital Committee;
    2. Environmental Cost Share Committee;
    3. Marketing and Entrepreneurship Committee;
    4. Technology, Infrastructure, and Training Committee;
    5. Farmland Preservation Committee; and
    6. Technical Issues Advisory Committee.
  2. Each committee shall be composed of board members knowledgeable about the programs being overseen by that committee.
  3. The committees shall assist the board in developing programs and criteria for programs to be considered by the board and may utilize nonboard members with expertise in the jurisdictional area of the committee for assistance. The committees shall make recommendations to the board, and the board shall determine which programs are to be overseen and implemented by the committees. The board shall determine which individual projects in each program are approved.

History. Enact. Acts 2000, ch. 530, § 8, effective April 26, 2000.

248.717. Creation and implementation of board’s programs.

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:
    1. A Farm Market Development and Infrastructure Program to develop regional, integrated farm markets, and regional or community capital projects. The board may authorize moneys to the Department of Agriculture for each year of the biennium to be used for agriculture market development and infrastructure; and
    2. An Agricultural Entrepreneurship Program overseen by the board to support small farm agricultural diversification through technical assistance, business mentoring, and financial incentives.
  2. Programs that receive direct authorization for moneys from the agricultural development fund by the General Assembly may include, but not be limited to:
    1. An Environmental Stewardship Program to provide cost-share assistance to farmland owners for compliance with the state agriculture water quality plan and other environmental compliance requirements; and
    2. A Rural Water Line Extension Program to provide municipal water in areas of high agricultural activity or need. Priority shall be given to the tobacco-impacted communities most adversely affected by tobacco losses. The General Assembly shall authorize the issuance of bonds through the Kentucky Infrastructure Authority for this program.
  3. The board may create and fund other agricultural assistance programs in addition to those created under subsection (1) of this section, including an environmental cleanup program for cost-share assistance to tobacco warehouse operators for demolition and abatement of environmental hazards associated with tobacco warehouse structures.

History. Enact. Acts 2000, ch. 530, § 9, effective April 26, 2000.

248.719. Center for Entrepreneurship.

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 develop and deliver entrepreneurial assistance. The center shall be primarily a clearinghouse requiring little or no capital construction;
  2. Assisting local individuals and entities and regional and statewide entities in developing and carrying out entrepreneurial efforts relating to agriculture; and
  3. Advising the Agricultural Development Board on the fiscal soundness and other aspects of entrepreneurial proposals.

History. Enact. Acts 2000, ch. 530, § 10, effective April 26, 2000.

248.721. County agricultural development councils.

  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 prospective applicants in the council’s county in obtaining moneys from the agricultural development fund. Each council shall consist of nine (9) members as follows:
    1. Two (2) farmers selected by the Farm Service Agency county committee;
    2. Two (2) members selected by the board or boards of the soil conservation district or districts serving the county;
    3. Two (2) members selected by the county extension council, one (1) of whom shall have experience in agricultural diversification; and
    4. Three (3) at-large members with farm experience and familiarity with the county’s agricultural development opportunities and processes selected by the six (6) members in paragraphs (a) to (c) of this subsection.
    1. No less than two (2) of the nine (9) members appointed to the county agricultural development council under subsection (1) of this section shall be young farmers between the ages of twenty-one (21) and forty (40).
    2. At least one (1) of the nine (9) members appointed to the county agricultural development council under subsection (1) of this section shall represent a gender or race that is not represented on the council at the time of the selection.
    1. On July 1, 2002, and every two (2) years thereafter, members shall be appointed for two (2) year terms. Beginning on July 1, 2010, persons appointed to serve on county agricultural development councils shall be limited to two (2) consecutive two (2) year terms, but shall be eligible for appointment to additional consecutive terms after being absent from a council for a period of two (2) years between each cycle of consecutive terms.
    2. Any vacancy occurring on a county agricultural development council before the expiration of the vacating member’s term shall be filled within sixty (60) days by the authority or members making the original appointment, in the same manner as the original appointment was made under subsection (1) of this section.
  2. Each council shall be attached to the county cooperative extension service for administrative support.
  3. Each council shall receive guidance and assistance from the board as the council devises plans and assists applicants as provided in subsection (1) of this section.
  4. Councils shall make applicants aware of criteria for projects set out in KRS 248.711 .
  5. Councils shall be responsible for developing local strategies for enhancing agricultural opportunities and assisting local farmers.
  6. Each council shall utilize the resources of the Agricultural Entrepreneurship Program created in KRS 248.717 , the Kentucky Small Business Development Center Network, and the Kentucky Department of Agriculture for assistance and support in aiding prospective applicants in obtaining moneys from the fund.
  7. Each county council shall provide its plan to the board. If the state board recommends changes in the county plan that the council does not agree with, the council may take the plan before the subcommittee created in KRS 248.723 for discussion and possible resolution of differences.

History. Enact. Acts 2000, ch. 530, § 11, effective April 26, 2000; 2009, ch. 36, § 1, effective June 25, 2009.

Legislative Research Commission Note.

(11/24/2009). 2009 Ky. Acts ch. 27, sec. 2, provides:

248.723. Tobacco Settlement Agreement Fund Oversight Committee — Membership — Meetings — Vote required to act — Reporting of expenditure under early childhood development fund and the Kentucky health care improvement fund.

  1. There is created a permanent subcommittee of the Legislative Research Commission to be known as the Tobacco Settlement Agreement Fund Oversight Committee. The subcommittee shall be composed of twelve (12) members and shall include four (4) members of the House of Representatives appointed by the Speaker; two (2) members of the minority party in the House of Representatives appointed by the Minority Floor Leader; four (4) members of the Senate appointed by the President; and two (2) members of the minority party in the Senate appointed by the Minority Floor Leader. The members of the subcommittee shall serve for terms of two (2) years. The appointed members from each chamber shall elect one (1) member from their chamber to serve as co-chair. Any vacancy that may occur in the membership of the subcommittee shall be filled pursuant to this subsection by the same appointing authority who made the original appointment.
  2. The co-chairs shall have joint responsibilities for committee meeting agendas and presiding at committee meetings. The members of the subcommittee shall be compensated for attending meetings as provided in KRS 7.090(3) and 7.110(5).
  3. A majority of the entire membership of the Tobacco Settlement Agreement Fund Oversight Committee shall constitute a quorum, and all actions of the subcommittee shall be by vote of a majority of its entire membership.
  4. Any professional, clerical, or other employees required by the subcommittee shall be provided in accordance with KRS 7.090(4) and (5).
    1. Subsections (6) to (10) of this section shall apply only to the expenditures from and projects under the agricultural development fund;
    2. Subsection (11) shall apply to all expenditures under the tobacco settlement agreement fund created in KRS 248.654 ; and
    3. Subsection (12) shall apply to expenditures from the early childhood development fund and the Kentucky health care improvement fund created in KRS 200.151 and 194A.055 .
  5. The subcommittee shall review each project being submitted to the Agricultural Development Board. In reviewing the projects, the subcommittee shall determine whether the criteria or requirements required by KRS 248.701 to 248.727 have been met and whether any other relevant requirements have been met.
    1. If the subcommittee determines that any of the criteria or requirements required by KRS 248.701 to 248.727 , except as provided in subsection (5) of this section, have not been met, the subcommittee may, by majority vote, recommend to the board in writing that a project not be approved.
    2. If the subcommittee determines that all relevant criteria were met for proposals not approved by the board, the subcommittee may, by majority vote, recommend to the board in writing that the project be approved.
    3. The reasons for recommending that a project be approved or not approved shall be stated in correspondence from the subcommittee, which shall be issued within thirty (30) days of action of the subcommittee.
  6. If the board proceeds with approval of a project under the agricultural development fund that the subcommittee has recommended in writing not be approved, or refuses to approve a project that the subcommittee has recommended in writing be approved, the board shall provide a written explanation to the subcommittee as to why the board took that action on the project. The written explanation shall be sent within thirty (30) days of receiving the subcommittee’s notification.
  7. The subcommittee shall also hear cases that arise under KRS 248.721(9) and 248.711(4). In these cases the subcommittee shall provide a forum for discussion and possible resolution of differences between the board and the affected party. If the differences are not resolved, the subcommittee may, by majority vote, recommend to the board in writing a course of action.
  8. The subcommittee shall maintain records of its findings and determinations. The records shall be transmitted to the appropriate interim joint committees of the Legislative Research Commission within thirty (30) days of making any determination.
  9. The subcommittee shall issue an annual written report to the Legislative Research Commission regarding the findings of the subcommittee.
  10. All expenditures under the early childhood development fund and the Kentucky health care improvement fund created in KRS 200.151 and 194A.055 shall be reported to the subcommittee. The expenditures shall be submitted in an electronic format in a manner approved by the Legislative Research Commission in order for the Commission to have a repository of information in Master Settlement Agreement funding expenditures.

History. Enact. Acts 2000, ch. 530, § 12, effective April 26, 2000; 2003, ch. 185, § 7, effective March 31, 2003; 2009, ch. 36, § 3, effective June 25, 2009.

248.725. Technical assistance provided by Kentucky Department of Agriculture.

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.

History. Enact. Acts 2000, ch. 530, § 13, effective April 26, 2000; 2014, ch. 71, § 11, effective July 15, 2014.

248.727. Responsibilities of agencies and educational institutions receiving 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 devote efforts to revitalization and diversification of tobacco farms.
  2. Each agency or institution in subsection (1) of this section shall issue a semiannual report on the details of the efforts it is carrying out to revitalize and diversify tobacco farms. The report shall include details of successes that have been achieved and shall be provided to the subcommittee created in KRS 248.723 .

History. Enact. Acts 2000, ch. 530, § 14, effective April 26, 2000.

Cigarettes and Cigarette Packaging

248.750. Definitions for KRS 248.750 to 248.769.

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 cigarettes within or without the Commonwealth;
  5. “Master settlement agreement” means the settlement agreement (and related documents) entered into on November 23, 1998, by Kentucky and leading United States tobacco product manufacturers;
  6. “Nonparticipating manufacturer” has the same meaning as in KRS 131.600 ;
  7. “Package” has the same meaning as in 15 U.S.C. sec. 1332(4) ; and
  8. “Person” has the same meaning as in KRS 446.010 .

HISTORY: Enact. Acts 2001, ch. 150, § 1, effective January 1, 2002; 2005, ch. 85, § 666, effective June 20, 2005; 2015 ch. 55, § 13, effective July 1, 2015.

Legislative Research Commission Note.

(7/1/2015). Under the authority of KRS 7.136(1), the Reviser of Statutes has changed the internal numbering of this statute to place definitions in alphabetical order. No words were changed in this process.

248.752. Prohibited acts relating to cigarettes and cigarette packaging.

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:
    1. Any cigarettes the package of which:
      1. Bears any statement, label, stamp, sticker, or notice indicating that the manufacturer did not intend the cigarettes to be sold, distributed, or used in the United States including, but not limited to, a label stating “For Export Only,” “U.S. Tax Exempt,” “For Use Outside U.S.,” or similar wording; or
      2. Does not comply with:
        1. All requirements imposed by or in accordance with federal law regarding warnings, and other information on packages of cigarettes manufactured, packaged, or imported for sale, distribution, or use in the United States including, but not limited to, the precise warning label specified in the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. sec. 1333 ; and
        2. All federal trademark and copyright laws;
    2. Any cigarettes in violation of federal law or federal regulations, including, but not limited to, cigarettes imported into the United States in violation of 26 U.S.C. sec. 5754 , 26 U.S.C. sec. 5704 , 19 U.S.C. secs. 1681 -1681b, U.S. Customs Law including Chapter 4, Subtitle IV of the Federal Tariff Act of 1930, 19 U.S.C. secs. 1671 -1677n, or Pub. L. No. 106-476, the Federal Imported Cigarette Compliance Act of 2000; or
    3. Any cigarettes for which there has not been submitted to the Secretary of the United States Department of Health and Human Services the list or lists of the ingredients added to tobacco in the manufacture of the cigarettes required by the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. sec. 1335 a;
  2. Alter the package of any cigarettes, prior to the sale or distribution to the ultimate consumer, so as to remove, conceal, or obscure:
    1. Any statement, label, stamp, sticker, or notice described in subsection (1)(a)2.a. of this section; or
    2. Any health warning that is not specified in or does not conform with the requirements of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. sec. 1333 ; or
  3. Affix any stamp required by KRS 138.146 or make other evidence of tax payment as provided in KRS 138.155 to the package of any cigarettes described in subsection (1) of this section or altered in violation of subsection (2) of this section.

History. Enact. Acts 2001, ch. 150, § 2, effective January 1, 2002.

Compiler’s Notes.

Pertinent provisions of the Federal Imported Cigarette Compliance Act of 2000, referred to in (1)(b) may be found at 19 USCS § 1681, 1681a and 1681b.

248.754. Required filing of copies of customs certificates.

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 the person has affixed the stamp required by KRS 138.146 or made other evidence of tax payment as provided in KRS 138.155 in the preceding month, a copy of the current customs certificates required by 19 U.S.C. sec. 1681 a(c) for the entry of cigarettes into the United States; and
  2. Nonparticipating manufacturer and each of its importers shall file with the Attorney General for all cigarettes imported into the United States, a copy of the current customs certificates required by 19 U.S.C. sec. 1681 a(c) for the entry of cigarettes into the United States.

HISTORY: Enact. Acts 2001, ch. 150, § 3, effective January 1, 2002; 2015 ch. 55, § 14, effective July 1, 2015.

248.756. Administrative and civil penalties for violation of KRS 248.752 or 248.754 — 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 licensee of KRS 248.752 or 248.754 , as applicable.
  2. Cigarettes that are acquired, held, owned, possessed, transported in, imported into, or sold or distributed in this Commonwealth in violation of KRS 248.752 or 248.754 shall be treated as contraband under KRS 138.165 and be subject to seizure and forfeiture. Notwithstanding the provisions of KRS 138.165 , all cigarettes seized and forfeited shall be destroyed. Cigarettes shall be treated as contraband whether the violation of KRS 248.752 or 248.754 is knowing or otherwise.

HISTORY: Enact. Acts 2001, ch. 150, § 4, effective January 1, 2002; 2015 ch. 55, § 15, effective July 1, 2015.

248.758. Presumption of purchase outside of the ordinary business channels of 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 similar to any trade name, trade dress, or trademark used for cigarettes manufactured in the United States for sale or distribution in the United States shall be presumed to have been purchased outside of the ordinary business channels of trade.

History. Enact. Acts 2001, ch. 150, § 5, effective January 1, 2002.

248.760. Violation of KRS 248.752 or 248.754 as constituting an unfair trade practice — Applicability of unfair trade practice law.

  1. A violation of the provisions 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 be subject to any remedies or penalties available for a violation of the provisions of KRS 365.260 to 365.380 .
  2. Any person who sells, distributes, or manufactures cigarettes shall be bound by Kentucky law on unfair trade practices, KRS 365.020 to 365.050 .

History. Enact. Acts 2001, ch. 150, § 6, effective January 1, 2002.

248.762. Criminal penalties for violation of KRS 248.752 or 248.754.

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 more than five thousand dollars ($5,000) and costs of prosecution.

History. Enact. Acts 2001, ch. 150, § 7, effective January 1, 2002.

Research References and Practice Aids

Cross-References.

Designation of offenses; penalties, see KRS 532.020 .

Sentence of imprisonment for felony, see KRS 532.060 .

248.764. Enforcement of KRS 248.752 and 248.754.

  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 Attorney General has concurrent powers with prosecuting attorneys of the Commonwealth to enforce KRS 248.754 or 248.756 .
  2. For the purpose of enforcing KRS 248.754 and 248.756 , the Attorney General and any agency that the Attorney General shall have delegated enforcement responsibility under subsection (1) of this section may request information from any state or local agency and may share information with and request information from any federal agency and any agency of any other state or any local agency of that state.

History. Enact. Acts 2001, ch. 150, § 8, effective January 1, 2002; 2007, ch. 85, § 276, effective June 26, 2007.

248.766. Injunctive relief for violation of KRS 248.752 or 248.754.

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.

History. Enact. Acts 2001, ch. 150, § 9, effective January 1, 2002.

248.769. Cigarettes not subject to KRS 248.752 or 248.754 — Cumulativeness of penalties.

  1. The provisions of KRS 248.752 and 248.754 shall not apply to:
    1. Cigarettes allowed to be imported or brought into the United States for personal use; and
    2. Cigarettes sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with the provisions of 19 U.S.C. sec. 1555(b) and any implementing regulations, but the provisions of KRS 248.754 and 248.756 shall apply to any cigarettes that are brought back into the customs territory for resale within the customs territory.
  2. The penalties provided in KRS 248.756 , 248.760 , and 248.762 are in addition to any other penalties imposed under other law.

History. Enact. Acts 2001, ch. 150, § 10, effective January 1, 2002.

Penalties

248.990. Penalties.

  1. Any tobacco warehouseman, agent, manager, solicitor, corporation or organization that violates any of the provisions of KRS 248.320 to 248.340 or subsection (3) of KRS 248.350 shall be fined not less than twenty-five dollars ($25) nor more than one hundred dollars ($100), and, if a corporation, it shall forfeit all corporate rights and privileges.
  2. Any person who violates any of the provisions of KRS 248.400 shall be fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500).
  3. Any person who violates any of the provisions of KRS 248.370 , or 248.440 , or willfully violates an administrative regulation of the department, or who refuses to pay the fee provided for by KRS 248.290 , shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or imprisoned for not more than three (3) months, or both.
  4. Any person who violates any of the provisions of KRS 248.410 or 248.420 shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
  5. Any person who fails or refuses to post notices in accordance with subsection (1) of KRS 248.430 shall be fined not less than fifty dollars ($50) nor more than one hundred dollars ($100) for each day of failure or refusal.
  6. Any person who violates subsection (2) of KRS 248.430 shall be fined five hundred dollars ($500) for each offense.
  7. Any person who violates any of the provisions of subsection (1) of KRS 248.450 shall be fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500) for each offense.
  8. Any person who violates any of the provisions of subsection (2) of KRS 248.450 shall be fined not less than fifty dollars ($50) nor more than one hundred dollars ($100) for each day of violation.
  9. Any person who violates KRS 248.610 shall be fined not less than $100 nor more than $1,000, or imprisoned in the county jail for not more than one (1) year, or both.
  10. Any person who violates any of the provisions of subsection (1) or subsection (2) of KRS 248.350 shall for each offense be fined not less than fifteen hundred dollars ($1,500) nor more than three thousand dollars ($3,000), or be imprisoned for not less than three (3) months nor more than twelve (12) months, or both.

History. 42c-8, 42c-21 to 42c-24, 4814, 4814b-3, 4814b-4, 4814c-18: amend. Acts 1956, ch. 56, § 3; 1966, ch. 255, § 221; 1972, ch. 308, § 2; 1978, ch. 270, § 7, effective June 17, 1978; 1982, ch. 95, § 3, effective July 15, 1982; 2000, ch. 105, § 2, effective July 14, 2000.

NOTES TO DECISIONS

Cited:

Peoples Tobacco Warehouse, Inc. v. Commonwealth, 310 S.W.2d 781, 1958 Ky. LEXIS 406 ( Ky. 1958 ).

Research References and Practice Aids

Cross-References.

Fines and forfeitures inure to state, KRS 431.100 .

Hindering and impersonating department and inspectors, prohibited, KRS 246.220(7), 246.990(6).

CHAPTER 249 Trees, Plants, Weeds, and Pests

General Provisions

249.005. Purpose of group of sections within chapter.

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 and to provide for their repression and control.

History. Enact. Acts 1996, ch. 142, § 1, effective July 15, 1996.

249.010. Definitions for chapter.

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, snail, slug, rodent, nematode, fungus, weed; and any other form of plant or animal life, or virus, bacterium, or other microorganism, except viruses, bacteria, or other microorganisms on or in living man or other living animals, which is normally considered to be a pest, or which the department declares to be a pest.
  5. “Insect” means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six (6) legged, usually winged forms, as for example, beetles, bugs, bees, wasps, flies, and other allied classes of arthropods whose members are wingless and usually have more than six (6) legs, as for example, spiders, mites, ticks, centipedes, and wood lice, and any other invertebrates which are destructive, constitute a liability, and may be classed as pests.
  6. “Plant disease” means any fungi, bacteria, nematodes, protozoans, and viruses injurious to plants and plant products, and the pathological condition in plants and plant products, caused by fungi, bacteria, nematodes, protozoans, and viruses.
  7. “Nursery stock” means all field or container-grown and native trees, sod, shrubs, herbaceous perennials, vines, cuttings, grafts, scions, buds, fruit-pits, and other seeds of fruit and ornamental trees and shrubs; also other plants and plant products for, or capable of, propagation, excepting field, vegetable, and flower seeds, bedding plants, bulbs, and roots.
  8. “Nursery” means any grounds or premises on or in which nursery stock is propagated and grown, or from which nursery stock is collected for sale, or any grounds or premises on or in which nursery stock is being fumigated, treated, packed, or stored.
  9. “Nurseryperson” means any person who owns, leases, manages, or is in charge of a nursery, and who propagates nursery stock.
  10. “Nursery dealer” means any person or landscaper not a grower of nursery stock in this Commonwealth who:
    1. Buys, sells, ships, or distributes nursery stock for commercial or monetary gain in the Commonwealth of Kentucky;
    2. Makes landscape plans or plants nursery stock and negotiates in the purchase of nursery stock for his clients; or
    3. Transplants or moves nursery stock from place to place within this state for other persons for a consideration in payment for the nursery stock, for the planting of the nursery stock, or for both nursery stock and planting.
  11. “Person” means any individual, partnership, association, or any organized group of persons whether incorporated or not.
  12. “Weed” means any plant which grows where not wanted.
  13. “Plants and plant products” means any trees, shrubs, vines, forage and cereal plants, and fruit, vegetables, roots, bulbs, seeds, wood, lumber, and all other parts of plants or plant products.

History. Enact. Acts 1942, ch. 208, § 1, effective October 1, 1942; 1996, ch. 142, § 2, effective July 1, 1996.

Compiler’s Notes.

This section was originally created by the Legislative Research Commission in order to clarify the chapter.

249.020. State entomologist — Deputy — Inspectors.

  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 University of Kentucky. He shall be paid his traveling expenses.
  3. The state entomologist shall appoint a deputy entomologist who shall have, as a minimum, a master of science degree in entomology, and nursery inspectors who shall have a B.S. or A.B. degree in plant sciences.

History. 1925a-1, 1925a-10: amend. Acts 1996, ch. 142, § 3, effective July 15, 1996.

249.030. Authority for administrative regulations — Publication of data.

  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 reports containing information concerning inspections, insects, weeds, and plant diseases.
  3. The state entomologist shall publish annually a list of the certified nurserypersons and nursery dealers licensed to do business in the Commonwealth and the list shall be furnished to interested persons.
  4. The administrative regulations and publications shall be printed from time to time and furnished to interested persons.

History. 1925a-1, 1925a-10: amend. Acts 1996, ch. 142, § 4, effective July 15, 1996.

Research References and Practice Aids

Cross-References.

Administrative regulations, adoption and effective date, KRS 13A.330 .

249.032. Authority to issue permit for shipment of injurious plant pests. [Renumbered.]

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.

249.040. Establishment of quarantines.

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-grown or not, from any state or from any county within the state where the plants or parts of plants are known to be affected with dangerous insect pests or plant diseases. He shall designate in announcements of quarantines the area quarantined, whether it constitutes a part of this state or of some other state.

History. 1925a-1: amend. Acts 1996, ch. 142, § 5, effective July 15, 1996.

249.050. Inspection of articles and premises — Diseased plants to be destroyed — 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 infested with diseases or destructive pests that are likely to spread, he shall investigate the suspected articles and premises. If they are found so infested or infected, he shall notify the owner or possessor, in writing, of the nature of the infestation, specifying the insects, weeds, or diseases that have been found, and demand that within a reasonable specified time the affected articles or premises be disinfected, or destroyed by fire, under the direction of the state entomologist, his deputy, or a nursery inspector, and at the expense of the owner or possessor.
  2. For the purpose of inspection and carrying out the provisions of this section, KRS 249.005 , 249.010 , 249.020 , 249.030 , 249.040 , 249.060 , 249.070 , 249.090 , 249.100 , 249.101 , 249.102 , 249.103 , 249.104 , and 249.105 , the state entomologist, his deputy, and nursery inspectors shall have free access to any field, orchard, garden, packing ground, building, cellar, freight or express office, warehouse, car or other vehicle, vessel, or other place where it may be necessary or desirable for them to go, or which it may be necessary for them to inspect, in the performance of their duties. The nurseryperson or nursery dealer shall provide assistance as necessary for any inspection or examination made in accordance with this section, KRS 249.005 , 249.010 , 249.020 , 249.030 , 249.040 , 249.060 , 249.070 , 249.090 , 249.100 , 249.101 , 249.102 , 249.103 , 249.104 , and 249.105 and administrative regulations. It shall be unlawful to deny this access to the state entomologist, or to offer any resistance to the officers and employees of the department, or to thwart or hinder the inspection by misrepresenting or concealing facts or conditions, or otherwise.

History. 1925a-2: amend. Acts 1996, ch. 142, § 6, effective July 15, 1996.

249.052. Nursery records — Prohibitions. [Renumbered.]

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.

249.055. Inspection of shipments. [Renumbered.]

Legislative Research Commission Note.

(7/15/96). In creating the tables for the 1996 Kentucky Acts, this statute was assigned the number KRS 249.055 . The statute was renumbered as KRS 249.105 during codification.

249.060. Nurseries and dealers to be licensed — Fees.

  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 the nursery or dealer of the fee set out in subsection (2) of this section, issue it a license authorizing it to do business in the state.
  2. Payment of fees shall be made according to the following rates:
    1. Class A nursery: nurseries that are actively growing nursery stock with the intent of selling shall pay an annual fee of forty dollars ($40), plus one dollar and fifty cents ($1.50) per acre.
    2. Class B nursery: nurseries and garden centers that do not grow their nursery stock, but do overwinter a portion of their stock, shall pay an annual fee of forty dollars ($40).
    3. Class A dealer: landscapers and businesses who do not grow or overwinter their nursery stock but whose primary business involves the sale or planting of nursery stock shall pay an annual fee of forty dollars ($40).
    4. Class B dealer: businesses whose primary business is not the sale of nursery stock shall pay an annual fee of twenty-five dollars ($25).
  3. Any person soliciting orders for or delivering trees or plants in this state shall carry with him a copy of his license which he shall show to prospective buyers, purchasers, county officials, or agents of the state entomologist, on demand.

History. 1925a-8: amend. Acts 1946, ch. 217; 1978, ch. 29, § 1, effective June 17, 1978; 1996, ch. 142, § 9, effective July 15, 1996.

249.062. Nursery dealer’s license — Application — Exemption. [Renumbered.]

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.

249.070. Entomologist to inspect nurseries and order management of plant pests — 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 make cultures and positive identifications of plant pests. The state entomologist also may inspect nursery stock which is stored in cellars, heeling in grounds, or warehouses, to ascertain whether it is infested with insect pests or plant diseases. If, upon the inspection of any nursery, it appears that the nursery and its premises are not infected or infested with insect pests and plant diseases, the state entomologist shall issue to the nursery a certificate of inspection. The certificate of inspection shall be valid through June 30 of the following year. This certificate shall be prominently displayed in the main office of the building.
  2. If the nursery and its premises are infected or infested with insect pests and plant diseases, the state entomologist shall notify the owners or managers of the nurseries, and shall also notify, in writing, the owner of any affected nursery stock to take such measures, on or before a certain day, for the management of plant pests as have been shown to be effectual.
  3. The owner or manager of the affected nursery shall, within the time specified, take steps for the mitigation of plant pests.
  4. No owner or manager of affected nursery stock shall sell or offer for sale, ship, deliver, or remove from a nursery any nursery stock affected with plant pests, until the stock has been officially inspected and a certificate covering it has been issued by the state entomologist.
  5. The provisions of this section do not apply to florists’ greenhouse plants nor to flowers or cuttings.

History. 1925a-3, 1925a-4: amend. Acts 1978, ch. 29, § 2, effective June 17, 1978; 1996, ch. 142, § 10, effective July 15, 1996.

249.080. Entomologist to issue certificate for stock free from insects and fungus.

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 that he believes it to be free from dangerously injurious insect and fungus enemies. He shall keep in his office, for the information of anyone interested, copies of all valid certificates issued by him.

History. 1925a-5.

249.090. Shipments to be accompanied by inspection certificate or license.

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.

History. 1925a-6: amend. Acts 1996, ch. 142, § 12, effective July 15, 1996.

249.095. False declaration of acreage and concealment of nursery stock prohibited. [Renumbered.]

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.

249.100. Plants to bear inspection certificate.

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 state entomologist at once when the trees or plants are received by them without a valid certificate. Nursery stock or other trees, plants, or parts of plants shipped into this state in violation of a state or United States quarantine may be seized and destroyed or returned to the shipper at the expense of the owner or possessor.

History. 1925a-7: amend. Acts 1978, ch. 29, § 3, effective June 17, 1978; 1996, ch. 142, § 13, effective July 15, 1996.

249.101. Nursery records — Prohibitions.

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 records, keep or file false records, inaccurately alter that person’s own records, or present the department any materially false records requested for the administration of records, or present the department any materially false records requested for the administration of this section, KRS 249.005 , 249.010 , 249.020 , 249.030 , 249.040 , 249.050 , 249.060 , 249.070 , 249.090 , 249.100 , 249.102 , 249.103 , 249.104 , and 249.105 .

History. Enact. Acts 1996, ch. 142, § 7, effective July 15, 1996.

Legislative Research Commission Note.

(7/15/96). In creating the tables for the 1996 Kentucky Acts, this statute was assigned the number KRS 249.052 . The statute was renumbered as KRS 249.101 during codification.

249.102. Authority to issue permit for shipment of injurious plant pests.

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.

History. Enact. Acts 1996, ch. 142, § 8, effective July 15, 1996.

Legislative Research Commission Note.

(7/15/96). In creating the tables for the 1996 Kentucky Acts, this statute was assigned the number KRS 249.032 . The statute was renumbered as KRS 249.102 during codification.

249.103. Nursery dealer’s license — Application — Exemption.

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 , 249.020 , 249.030 , 249.040 , 249.050 , 249.060 , 249.070 , 249.090 , 249.100 , 249.101 , 249.102 , 249.104 , and 249.105 . A separate license shall be required for each location and the license shall be prominently displayed at each place of business. A licensed nurseryperson who is also acting as a nursery dealer at the same location shall be exempt from procuring the nursery dealer’s license. The nursery dealer’s certificate shall expire on December 31 of each year. An application shall be made on forms to be furnished by the office of the state entomologist. The nursery dealer or agency is required to provide to the state entomologist the source of nursery stock offered for sale and this stock shall originate from a certified nursery. It shall be accompanied by a valid certificate of inspection of a federal or state inspector.

History. Enact. Acts 1996, ch. 142, § 11, effective July 15, 1996.

Legislative Research Commission Note.

(7/15/96). In creating the tables for the 1996 Kentucky Acts, this statute was assigned the number KRS 249.062 . The statute was renumbered as KRS 249.103 during codification.

249.104. False declaration of acreage and concealment of nursery stock prohibited.

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

History. Enact. Acts 1996, ch. 142, § 14, effective July 15, 1996.

Legislative Research Commission Note.

(7/15/96). In creating the tables for the 1996 Kentucky Acts, this statute was assigned the number KRS 249.095 . The statute was renumbered as KRS 249.104 during codification.

249.105. Inspection of shipments.

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 , 249.040 , 249.050 , 249.060 , 249.070 , 249.090 , 249.100 , 249.101 , 249.102 , 249.103 , and 249.104 . Factors influencing the decision to inspect nursery stock include origin of plant material, destination of and probable distribution subsequently, whether or not a quarantine or other requirements exist relative to either geographic area, plant species, or pests, and personnel and budgetary restrictions.

History. Enact. Acts 1996, ch. 142, § 15, effective July 15, 1996.

Legislative Research Commission Note.

(7/15/96). In creating the tables for the 1996 Kentucky Acts, this statute was assigned the number KRS 249.055 . The statute was renumbered as KRS 249.105 during codification.

249.110. Keeping of tree with black knot prohibited — Nuisance. [Repealed.]

Compiler’s Notes.

This section (1918) was repealed by Acts 1978, ch. 29, § 4, effective June 17, 1978.

249.120. County judge to appoint commissioners when black knot threatens. [Repealed.]

Compiler’s Notes.

This section (1918) was repealed by Acts 1978, ch. 29, § 4, effective June 17, 1978, and Acts 1978, ch. 118, § 19, effective June 17, 1978.

249.130. Mayors of first and second-class cities to combat black knot. [Repealed.]

Compiler’s Notes.

This section (1925) was repealed by Acts 1978, ch. 29, § 4, effective June 17, 1978, and Acts 1978, ch. 118, § 19, effective June 17, 1978.

249.140. Compensation and expenses of commissioners. [Repealed.]

Compiler’s Notes.

This section (1924) was repealed by Acts 1978, ch. 29, § 4, effective June 17, 1978, and Acts 1978, ch. 118, § 19, effective June 17, 1978.

249.150. Commissioners to file acceptance — County clerk to record proceedings. [Repealed.]

Compiler’s Notes.

This section (1920) was repealed by Acts 1978, ch. 29, § 4, effective June 17, 1978, and Acts 1978, ch. 118, § 19, effective June 17, 1978.

249.160. Commissioners to examine trees — Direct owner to destroy black knot. [Repealed.]

Compiler’s Notes.

This section (1921) was repealed by Acts 1978, ch. 29, § 4, effective June 17, 1978, and Acts 1978, ch. 118, § 19, effective June 17, 1978.

249.170. Commissioners to destroy trees if owner fails — No liability for destruction. [Repealed.]

Compiler’s Notes.

This section (1918, 1922) was repealed by Acts 1978, ch. 29, § 4, effective June 17, 1978, and Acts 1978, ch. 118, § 19, effective June 17, 1978.

249.180. Landholder to cut Canada thistles. [Repealed]

History. 200; repealed by 2022 ch. 131, § 5, effective July 14, 2022.

249.183. Canada and nodding thistle eradication areas, establishment, duties of agriculture department. [Repealed]

History. Enact. Acts 1968, ch. 11, §§ 1 to 3, 5, 6; repealed by 2022 ch. 131, § 5, effective July 14, 2022.

249.187. Thistles a public nuisance in eradication area, abatement. [Repealed]

History. Enact. Acts 1968, ch. 11, § 4; repealed by 2022 ch. 131, § 5, effective July 14, 2022.

249.190. Entry and cutting of thistles on failure of landholder — Exemption. [Repealed]

History. 201: amend. Acts 1956, ch. 247; 1968, ch. 11, § 8; 1990, ch. 433, § 1, effective April 10, 1990; repealed by 2022 ch. 131, § 5, effective July 14, 2022.

249.195. Thistle eradication on highway and utility rights-of-way. [Repealed]

History. Enact. Acts 1968, ch. 11, § 7; 1978, ch. 384, § 383, effective June 17, 1978; 1990, ch. 433, § 2, effective April 10, 1990; repealed by 2022 ch. 131, § 5, effective July 14, 2022.

249.200. Japanese beetle control. [Repealed.]

Compiler’s Notes.

This section (42g-1, 42g-2) was repealed by Acts 1996, ch. 142, § 18, effective July 15, 1996.

249.210. European corn borer control — Commissioner may hire help and enforce regulations. [Repealed.]

Compiler’s Notes.

This section (42f-1, 42f-6) was repealed by Acts 1978, ch. 29, § 4, effective June 17, 1978.

249.220. Department may impose quarantines on European corn borer. [Repealed.]

Compiler’s Notes.

This section (42f-2) was repealed by Acts 1978, ch. 29, § 4, effective June 17, 1978.

249.230. Owner of products to destroy when so ordered by department — When department may destroy — Costs. [Repealed.]

Compiler’s Notes.

This section (42f-5) was repealed by Acts 1978, ch. 29, § 4, effective June 17, 1978.

249.240. Fiscal courts may offer bounty for crows. [Repealed.]

Compiler’s Notes.

This section (1840f-1) was repealed by Acts 1978, ch. 118, § 19, effective June 17, 1978.

249.250. Termite and pest control industry — Licenses. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 255, § 1, effective June 16, 1960) was repealed by Acts 1978, ch. 81, § 20, effective June 17, 1978, and 1978, ch. 155, § 165, effective June 17, 1978.

249.255. Examining board — Members. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 180, § 2, effective June 16, 1960) was repealed by Acts 1978, ch. 81, § 20, effective June 17, 1978, and Acts 1978, ch. 155, § 165, effective June 17, 1978.

249.260. License — Examination — Nonresident’s process agent — Fees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 180, § 2; 1960, ch. 225, § 3, effective June 16, 1960) was repealed by Acts 1978, ch. 81, § 20, effective June 17, 1978, and Acts 1978, ch. 155, § 165, effective June 17, 1978.

249.262. Examination fees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 225, § 4, effective June 16, 1960) was repealed by Acts 1978, ch. 81, § 20, effective June 17, 1978, and Acts 1978, ch. 155, § 165, effective June 17, 1978.

249.265. Advertisement by unlicensed operators prohibited. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 225, § 8, effective June 16, 1960) was repealed by Acts 1978, ch. 81, § 20, effective June 17, 1978, and Acts 1978, ch. 155, § 165, effective June 17, 1978.

249.270. Board may promulgate rules and regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch.180, § 3, effective March 24, 1954) was repealed by Acts 1978, ch. 81, § 20, effective June 17, 1978, and Acts 1978, ch. 155, § 165, effective June 17, 1978.

249.280. Notice and hearing on rules and regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 180, § 4, effective March 24, 1954) was repealed by Acts 1978, ch. 81, § 20, effective June 17, 1978, and Acts 1978, ch. 155, § 165, effective June 17, 1978.

249.290. Right of entry upon property for inspection. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 180, § 5, effective March 24, 1954; 1960, ch. 225, § 5, effective June 16, 1960) was repealed by Acts 1978, ch. 81, § 20, effective June 17, 1978, and Acts 1978, ch. 155, § 165, effective June 17, 1978.

249.300. Revocation of license. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 180, § 6; 1960, ch. 225, § 6, effective June 16, 1960) was repealed by Acts 1978, ch. 81, § 20, effective June 17, 1978, and Acts 1978, ch. 155, § 165, effective June 17, 1978.

249.305. Suspension of license. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 225, § 7, effective June 16, 1960) was repealed by Acts 1978, ch. 81, § 20, effective June 17, 1978, and Acts 1978, ch. 155, § 165, effective June 17, 1978.

249.310. Licenses not transferable — Re-registration in case of death or change of business status of owner. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 180, § 7, effective March 24, 1954) was repealed by Acts 1978, ch. 81, § 20, effective June 17, 1978, and Acts 1978, ch. 155, § 165, effective June 17, 1978.

249.317. Hearing on denial, suspension or revocation of license. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 225, § 9, effective June 16, 1960; 1974, ch. 315, § 32) was repealed by Acts 1978, ch. 81, § 20, effective June 17, 1978, and Acts 1978, ch. 155, § 165, effective June 17, 1978.

249.319. Conduct of hearings — Testimony — Disobedience. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 225, § 10, effective June 16, 1960) was repealed by Acts 1978, ch. 81, § 20, effective June 17, 1978, and Acts 1978, ch. 155, § 165, effective June 17, 1978.

249.320. Notice of refusal or revocation of license — Rehearing — Appeal. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 180, § 8) was repealed by Acts 1960, ch. 225, § 16.

249.321. Termite and pest control industry — Revocation and suspension of licenses. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 225, § 11) was repealed by Acts 1978, ch. 81, § 20, effective June 17, 1978, and 1978, ch. 155, § 165, effective June 17, 1978.

249.323. Procedure on appeal — Judgment — Appeal to Court of Appeals. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 225, § 12) was repealed by Acts 1978, ch. 81, § 20, effective June 17, 1978, and 1978, ch. 155, § 165, effective June 17, 1978.

249.330. Exemptions from license requirements. [Repealed].

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 225, § 12) was repealed by Acts 1978, ch. 81, § 20, effective June 17, 1978, and 1978, ch. 155, § 165, effective June 17, 1978.

249.340. Disposition of license fees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 180, § 10; 1960, ch. 225, § 13) was repealed by Acts 1978, ch. 81, § 20, effective June 17, 1978, and 1978, ch. 155, § 165, effective June 17, 1978.

249.345. Limitation on prosecution under KRS 249.250 to 249.340. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 225, § 15) was repealed by Acts 1978, ch. 81, § 20, effective June 17, 1978, and 1978, ch. 155, § 165, effective June 17, 1978.

249.350. Control and elimination of mosquitoes — Duty of Commissioner.

  1. As used in this section, unless the context requires otherwise:
    1. “Commissioner” means that as defined in subsection (1) of Section 249.010 of the Kentucky Revised Statutes.
    2. “Department” means that as defined in subsection (2) of Section 249.010 of the Kentucky Revised Statutes.
    3. “Director” means that as defined in subsection (3) of Section 249.010 of the Kentucky Revised Statutes.
  2. When it appears to the Commissioner that mosquitoes are present in any area of the state in sufficient numbers to warrant action, he shall conduct an immediate investigation of the causes thereof, and corrective measures necessary. The Commissioner shall undertake the control and elimination of mosquitoes in such area, utilizing whatever measures appear necessary so long as such methods in no wise damage the property of any person, and do not constitute a menace to the health of persons or livestock, including cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species.

HISTORY: Enact. Acts 1956, ch. 213, §§ 1, 2, effective May 18, 1956; 2017 ch. 129, § 17, effective June 29, 2017.

Division of Environmental Services

249.400. Definitions for KRS 249.400 to 249.430.

As used in KRS 249.400 to 249.430 unless the context otherwise requires:

  1. “Department” means the Department of Agriculture;
  2. “Commissioner” means the Commissioner of Agriculture;
  3. “Division” means the Division of Environmental Services.

History. Enact. Acts 1960, ch. 62, § 1, effective June 16, 1960; 2002, ch. 49, § 4, effective July 15, 2002; 2004, ch. 88, § 4, effective July 13, 2004.

249.410. Division of Environmental Services — Supervision.

The Division of Environmental Services in the Department of Agriculture shall be under the supervision of the Commissioner and shall consist of personnel determined and appointed by him.

History. Enact. Acts 1960, ch. 62, § 3; 2002, ch. 49, § 5, effective July 15, 2002; 2004, ch. 88, § 5, effective July 13, 2004.

249.420. Duties.

In addition to its other duties, the division shall promote and sponsor programs to control pests and noxious weeds, shall enforce related regulatory and service measures assigned to the department, and may conduct a pest and noxious weed control program.

History. Enact. Acts 1960, ch. 62, § 4, effective June 16, 1960; 2004, ch. 88, § 6, effective July 13, 2004; 2022 ch. 131, § 2, effective July 14, 2022.

249.430. Authority of division.

In order to perform the duties listed in KRS 249.420 , the division may:

  1. Issue and enforce regulations for the control of noxious weeds and pests;
  2. Cooperate with county agricultural agents, vocational agricultural teachers, University of Kentucky extension specialists, civic groups, or any federal, state or county agency in promoting county programs and organizations to control noxious weeds and pests;
  3. Cooperate with federal or state agencies in research and educational work in the field of pest and noxious weed control;
  4. Assist counties in qualifying for cost-sharing programs to control noxious weeds;
  5. Publicize the threat of noxious weeds and pests and methods of combating them;
  6. Cooperate with the Department of Highways, county fiscal courts, transportation and industrial organizations in controlling noxious weeds on their premises and rights-of-way; and
  7. Accept funds or contributions to carry out the purposes of KRS 249.400 to 249.430 .

History. Enact. Acts 1960, ch. 62, § 5, effective June 16, 1960; 2022 ch. 131, § 3, effective July 14, 2022.

Research References and Practice Aids

Cross-References.

Johnson grass eradication on rights-of-way, KRS 176.051 .

249.510. Mosquito control districts — Creation — Purpose — Boundaries. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 61, § 1) was repealed by Acts 1984, ch. 4, § 3, effective July 15, 1986.

249.520. Mosquito control committee — Members — Compensation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 61, § 2) was repealed by Acts 1984, ch. 4, § 3, effective July 15, 1986.

249.530. Aid for mosquito control. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 61, § 3) was repealed by Acts 1984, ch. 4, § 3, effective July 15, 1986.

249.540. Petition to establish county mosquito control district. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 61, § 4; 1968, ch. 21, § 1) was repealed by Acts 1984, ch. 4, § 3, effective July 15, 1986, but was also repealed by Acts 1984, ch. 100, § 30, effective July 13, 1984.

249.550. Notice of filing petition — Referendum. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 61, § 5) was repealed by Acts 1968, ch. 21, § 4.

249.551. Tax levy on filing of petition — Form of petition. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1968, ch. 21, § 2) was repealed by Acts 1984, ch. 4, § 3, effective July 15, 1986, but was also repealed by Acts 1984, ch. 100, § 30, effective July 13, 1984.

NOTES TO DECISIONS

1.Constitutionality.

This section, which allowed a relatively small number of people in a county to establish a taxing district by petition without exercise of discretion of local authorities, was so arbitrary as to violate Ky. Const., §§ 2 and 181. Reid v. Allinder, 504 S.W.2d 706, 1974 Ky. LEXIS 828 ( Ky. 1974 ).

249.560. District board of supervisors — Appointment — Terms. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 61, § 6) was repealed by Acts 1984, ch. 4, § 3, effective July 15, 1986.

249.570. Officers of board — Election — Oath — Bond. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 61, § 7) was repealed by Acts 1984, ch. 4, § 3, effective July 15, 1986.

249.580. Powers and duties of board. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 61, § 8; 1976, ch. 140, § 97) was repealed by Acts 1984, ch. 4, § 3, effective July 15, 1986.

249.590. Fiscal year of district. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 61, § 10) was repealed by Acts 1984, ch. 4, § 3, effective July 15, 1986.

249.600. Submission by board of plan of procedure and operation to fiscal court. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 61, § 10) was repealed by Acts 1984, ch. 4, § 3, effective July 15, 1986.

249.610. District tax levy — Collection — Disbursement [Repealed].

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 61, § 11; 1978, ch. 384, § 384, effective June 17, 1978) was repealed by Acts 1984, ch. 4, § 3, effective July 15, 1986.

249.620. Joint operation of districts [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 61, § 12) was repealed by Acts 1984, ch. 4, § 3, effective July 15, 1986.

249.630. Dissolution of district. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 61, § 13) was repealed by Acts 1968, ch. 21, § 4.

249.631. Dissolution of district — Petition — Procedure. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1968, ch. 21, § 3), which was declared unconstitutional in Reid v. Allinder, 504 S.W.2d 706 (Ky. App. 1974), was repealed by Acts 1984, ch. 4, § 3, effective July 15, 1986.

NOTES TO DECISIONS

1.Constitutionality.

This section, which allowed a relatively small number of people in a county to establish a taxing district by petition without exercise of discretion of local authorities, was so arbitrary as to violate Ky. Const., §§ 2 and 181. Reid v. Allinder, 504 S.W.2d 706, 1974 Ky. LEXIS 828 ( Ky. 1974 ).

Penalties

249.990. Penalties.

  1. Any person who violates any of the provisions of KRS 249.020 to 249.100 or hinders the carrying out of any of the provisions of those sections shall be fined not less than twenty-five dollars ($25) nor more than five hundred dollars ($500).
  2. Any fine imposed for a violation of subsection (4) of KRS 249.070 may be recovered in the county in which the nursery is situated or the county to which the nursery stock is shipped.

History. 42f-4, 200, 1923, 1925a-4, 1925a-9: amend. Acts 1954, ch. 180, § 11; 1960, ch. 225, § 14; 1980, ch. 188, § 231, effective July 15, 1980; 1990, ch. 433, § 4, effective April 10, 1990; 1996, ch. 142, § 16, effective July 15, 1996; 2022 ch. 131, § 4, effective July 14, 2022.

249.991. Penalties. [Repealed]

History. Enact. Acts 1968, ch. 11, § 9; 1990, ch. 433, § 5, effective April 10, 1990; repealed by 2022 ch. 131, § 5, effective July 14, 2022.

CHAPTER 250 Agricultural Seeds, Feeding Stuffs, and Fertilizers

250.010. Definitions for chapter.

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, starch feeds, sugar feeds, dried brewers’ grains, malt sprouts, dried distillers’ grains, dried beet refuse, hominy feeds, cerealine feeds, rice meals, rice bran, rice polish, peanut meals, oat feeds, corn and oat feeds, corn bran, wheat bran, wheat midlings, wheat shorts and other mill products, ground beef, fish scraps, mixed feeds, clover meal, alfalfa meal and feeds, pea-vine meal, cottonseed meal, velvet bean meal, feeds and meals mixed or unmixed, made from seeds or grains, and all materials of similar nature used for food for domestic animals, condimental feeds, poultry feeds, stock feeds, patented proprietary or trade and market stock, and poultry feeds.
  3. “Department” means the Department of Agriculture.
  4. “Director” means the director of the Agricultural Experiment Station or his designee.
  5. “Experiment station” means the Agricultural Experiment Station.
  6. “Weed seeds” means all seeds that are not agricultural, vegetable, or flower seeds. It includes noxious weed seeds.

History. 42h-1, 1376b-14, 1376b-15, 1719a-2: amend. Acts 1992, ch. 200, § 1, effective July 14, 1992; 1994, ch. 370, § 11, effective April 8, 1994.

Research References and Practice Aids

Cross-References.

Agriculture department, KRS ch. 246.

Grain warehouses, KRS ch. 251.

Livestock and poultry disease control, KRS ch. 257.

Marketing of agricultural products, KRS ch. 260.

Promotion of agriculture and horticulture, KRS ch. 247.

Seed stocks or foundation seeds; program for development of, KRS 247.086 .

Stockyards, KRS ch. 261.

Tobacco, KRS ch. 248.

Trade practices, KRS ch. 365.

Trees, plants, weeds and pests, KRS ch. 249.

Weights and measures, KRS ch. 363.

Seeds

250.020. Sales in violation of KRS 250.020 to 250.170, and false labeling prohibited. [Repealed.]

Compiler’s Notes.

This section (1376b-23) was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

250.021. Definitions for KRS 250.021 to 250.111.

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 combination seed, mulch, and fertilizer products within the scope of KRS 250.021 to 250.111 ;
  2. “Agricultural seed” includes grass, forage, cereal, oil, fiber, tobacco, and other kinds of crop seed commonly recognized within Kentucky as agricultural seed, lawn seed, and combinations of these seed. Regardless of the name used to describe seed, the product shall be seed if its intended use is for plant production;
  3. “Blend” means seed consisting of more than one (1) variety of a kind, each in excess of five percent (5%) by weight of the whole;
  4. “Brand” means a word, name, symbol, number, or design used to identify seed of one (1) person to distinguish it from seed of another person;
  5. “Certified seed” means seed for which a certificate or any other instrument has been issued by an agency authorized under the laws of a state, territory, or possession to officially certify seed and which has standards and procedures approved by the United States Secretary of Agriculture to assure the genetic purity and identity of the seed certified;
  6. “Certified custom seed conditioner” means a person who has been approved by the Kentucky Seed Improvement Association (KSIA) to condition seed for distribution as certified seed;
  7. “Certified seed grower” means a person who has been approved by the Kentucky Seed Improvement Association to produce seed to be sold as Kentucky certified seed;
  8. “Certifying agency” means:
    1. An agency authorized under the laws of a state, territory, or possession to officially certify seed and which has standards and procedures approved by the United States Secretary of Agriculture to assure the genetic purity and identity of the seed certified; or
    2. An agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under paragraph (a) of this subsection;
  9. “Conditioning” means drying, cleaning, applying seed treatment, scarifying, and other operations which could change the purity or germination of the seed;
  10. “Crop seed” means seed of crop plants other than the kind or variety included in the pure seed;
  11. “Distribute” means to consign, offer for sale, sell, advertise for sale, barter, or otherwise supply agricultural seed;
  12. “Distributor” means any person who distributes agricultural seed;
  13. “Dormant” means seed, excluding hard seed, which fail to germinate, even though viable, when provided the specified germination conditions for the kind of seed in question;
  14. “Flower seed” includes seed of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts, and commonly known and sold under the name of flower seed or wildflower seed, except for seed which have been placed on the Kentucky noxious weed seed list;
  15. “Germination” means the emergence and development from the seed embryo of those essential structures which, for the kind of seed in question, indicate the ability to produce a normal plant under favorable conditions;
  16. “Hard seed” means seed which remain hard at the end of the prescribed test period because they have not absorbed water due to an impermeable seed coat;
  17. “Hybrid” means the first generation seed of a cross produced by controlling the pollination and by combining:
    1. Two (2) or more inbred lines;
    2. One (1) inbred or a single cross with an open-pollinated variety; or
    3. Two (2) varieties or species, excluding open-pollinated varieties of corn;

      and excludes the second generation or subsequent generations from those crosses;

  18. “Inert matter” means all matter not seed, including broken seed, sterile florets, chaff, fungus bodies, and stones;
  19. “Innoculant” means a formulation containing nitrogen-fixing bacteria which is applied as a treatment to legume seed to increase the nitrogen-fixing capabilities of the plants produced from the seed;
  20. “Inspection fee” means a fee, based on volume or value of product distributed, collected by the director from permit holders in Kentucky;
  21. “Kind” means one (1) or more related species or subspecies which singly or collectively is known by one (1) common name, for example, corn, oats, alfalfa, and timothy;
  22. “Label” includes a tag or other device attached to or written, stamped, or printed on any container of seed or accompanying any lot of bulk seed purporting to set forth the information required on the seed label by KRS 250.021 to 250.111 , and it may include other information relating to the labeled seed;
  23. “Lot” means a definite quantity of seed identified by a number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling;
  24. “Mixture” means seed consisting of more than one (1) kind, each in excess of five percent (5%) by weight of the whole;
  25. “Mulch” means a protective covering of any suitable substance placed with seed which acts to retain moisture to support seed germination and sustain early seedling growth and aid in the prevention of the evaporation of soil water, the control of weeds, and the prevention of erosion;
  26. “Noncertified custom seed conditioner” means a person other than a certified seed conditioner who conditions agricultural seed which is to be distributed;
  27. “Noxious weed seed” means one (1) of two (2) classes:
    1. “Prohibited noxious weed seed” means those weed seed which are prohibited from being present in agricultural, vegetable, or flower seed, and are seed of weeds which are highly destructive and difficult to control; or
    2. “Restricted noxious weed seed” means those weed seed which are objectionable in agricultural crops, lawns, or gardens of Kentucky, but which can be controlled using conventional methods;
  28. “Pelleted seed” means seed coated with a layer of inert materials that may obscure the original shape and size of the seed resulting in a substantial weight increase and improved plantability. The addition of polymers, biologicals, pesticides, identifying colorants or dyes, or other ingredients may be included in the pelleting material;
  29. “Permit holder” means a person who has obtained a permit from the director to label agricultural, vegetable, or flower seed; or combination mulch, seed, and fertilizer products distributed in Kentucky and whose name and address is required to appear on labels of those products distributed in Kentucky as a condition for obtaining the permit;
  30. “Person” means an individual, partnership, company, corporation, or other type of business establishment;
  31. “Pure seed” means seed exclusive of inert matter and all other seed not of the kind or variety being considered;
  32. “Informal hearing” means a discussion of facts between the person involved in an apparent law violation and the director;
  33. “Record” means information which relates to the origin, treatment, germination, purity, kind, and variety of each lot of seed sold. The information shall include seed samples and documents showing declarations, labels, purchases, sales, conditioning, bulking, treatment, handling, storage, analyses, tests, or examinations;
  34. “Retail agricultural seed dealer” means a person who engages in the business of distributing agricultural seed in containers or bulk units of forty (40) pounds or more;
  35. “Seizure” means a legal process carried out by court order against a specified seed lot;
  36. “Stop sale” means an administrative order provided by law, which restrains the distribution of a specified seed lot;
  37. “Treated seed” means seed which has received an application of a substance or has been subjected to a process for which a claim is made;
  38. “Variety” means a subdivision of a species which is distinct, uniform, and stable; distinct in the sense that the variety can be differentiated by one (1) or more identifiable morphological, physiological, or other characteristics from all other publicly known varieties; uniform in the sense that the variations in essential and distinctive characteristics are describable; and stable in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties; and
  39. “Vegetable seed” means the seed of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb seed in Kentucky.

History. Enact. Acts 1994, ch. 370, § 1, effective April 8, 1994; 1996, ch. 318, § 164, effective July 15, 1996; 2016 ch. 38, § 2, effective July 15, 2016.

250.022. Preemption of local regulation of seeds.

  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 regulated pursuant to KRS 250.021 to 250.111 . Any local legislation in violation of this section is void and unenforceable.
  2. Nothing in this section shall be construed to:
    1. Abrogate the planning and zoning authority granted local government pursuant to KRS Chapter 100; or
    2. Preempt or limit remedies available under common law or statutes.

HISTORY: 2016 ch. 38, § 1, effective July 15, 2016.

250.024. Sale of agricultural seeds — Director’s authority to reduce certification — Seeds exempt. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 200, § 4, effective July 14, 1992) was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

250.025. Director’s authority to reduce certification requirements in emergency situations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 200, § 5, effective July 14, 1992) was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

250.030. Seeds exempt. [Repealed.]

Compiler’s Notes.

This section (1376b-19: amend. Acts 1956, ch. 123, § 1; 1992, ch. 200, § 2, effective July 14, 1992) was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

250.031. Application of KRS 250.021 to 250.111.

  1. The requirements and prohibitions of KRS 250.021 to 250.111 shall not apply:
    1. To seed or grain not distributed for planting purposes.
    2. To seed in storage in, or being transported or consigned to a conditioning establishment, if the invoice or labeling accompanying any shipment of the seed bears the statement “seed for conditioning”; and if any labeling or other representation which may be made with respect to the unconditioned seed of the same lot shall be subject to KRS 250.021 to 250.111 .
    3. To any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier if the carrier is not engaged in producing, conditioning, or distributing seed subject to the provisions of KRS 250.021 to 250.111.
    4. To seed grown, sold and delivered by a producer on his own premises to the purchaser himself. If, however, the seed is advertised by the public press, circular, or catalog, or if the seed is delivered by a common carrier, the seed and the distributor shall be subject to the certification and labeling requirements of KRS 250.021 to 250.111.
  2. No person shall be subject to the penalties of KRS 250.111 for having distributed seed which were incorrectly labeled or represented as to kind, species, and subspecies, if appropriate, variety, type, or origin, which seed cannot be identified by examination thereof, unless he has failed to obtain an invoice, genuine grower’s declaration, or other labeling information and to take other reasonable precautions to ensure the identity to be that stated. A genuine grower’s declaration of variety shall affirm that the grower holds records of proof concerning parent seed, such as invoice and label.
  3. The director may by administrative regulation omit the requirement for variety designation on labels of seed kinds not commonly sold by variety name.

History. Enact. Acts 1994, ch. 370, § 2, effective April 8, 1994.

250.040. Label requirements — Seal of certification — Prohibitions against sale of uncertified tobacco or winter rape (Canola) seeds or of uncertified tobacco seedlings. [Repealed.]

Compiler’s Notes.

This section (1376b-15: amend. Acts 1942, ch. 160, § 3; 1950, ch. 3, § 1; 1976, ch. 254, § 1; 1980, ch. 342, § 1, effective July 1, 1982; 1992, ch. 137, § 1, effective July 14, 1992; 1992, ch. 200, § 3, effective July 14, 1992) was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

Legislative Research Commission Note.

(7/15/94). Under KRS 446.260 , the repeal of this section in 1994 Ky. Acts ch. 370 prevails over its amendment in 1994 Ky. Acts ch. 333.

250.041. Labeling requirements.

  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 containing vegetable or flower seed; and each container of a combination mulch, seed, and fertilizer product distributed in Kentucky for planting purposes shall bear or have attached in a conspicuous place a plainly written or printed label in the English language providing the information stipulated in subsection (10) of this section.
  2. Labels shall be obtained as described in KRS 250.051 .
  3. The label specified in this section shall be delivered to the purchaser with every distribution of agricultural seed, if the distribution amounts to one (1) pound or more, whether the distribution is in bulk or in package.
  4. Seed remaining in the inventory of a retail agricultural seed dealer or a permit holder after the germination test has expired shall be removed from sale or relabeled. New tags are preferred for relabeling, but new percentages of germination, hard seeds, or dormant seed and the new date of germination test may be entered on the tags or labels previously attached to the container if inserted in a way to be clearly legible and the old percentages of germination, hard seeds, or dormant seed and date of test are completely obliterated. The person upon whose premises the seed is located shall be held responsible for obtaining the new germination test and for subsequent relabeling of the seed.
  5. Labeling of seed supplied to or owned by a permit holder may be a single tag or laboratory report accompanying the invoice, if each bag or other container is clearly identified by a lot number stenciled or taped on the container. Each bag or container that is not so identified shall carry complete labeling.
  6. All soybean seed, except black soybean (hay bean) seed shall be labeled by variety name.
  7. All tobacco seed or winter rape (Canola) seed shall be certified by the Kentucky Seed Improvement Association (KSIA) or by the agency responsible for certification in the state, province, or country where the seed originated, but only if the standards there are not lower than KSIA standards.
  8. The label for treated seed shall provide the following as additional information:
    1. A word or statement indicating that the seed has been treated;
    2. The commonly accepted coined, chemical, or abbreviated chemical (generic) name of the applied substance or description of the process used;
    3. A caution statement such as “Do not use for food, feed, or oil purposes” if the substance in the amount present with the seed is harmful to human or other vertebrate animals. The caution for mercurials and similarly toxic substances shall be a poison statement or symbol; and
    4. The expiration date if the treatment is an innoculant.
  9. The label for agricultural seed which have been pelleted or coated shall provide the following as additional information:
    1. Percentage by weight of pure seed with pelleting or coating material removed;
    2. Percentage by weight of pelleting or coating material;
    3. Percentage by weight of inert material exclusive of pelleting or coating material; and
    4. Percentage of germination, which is to be determined on four hundred (400) pellets.
  10. Labels giving the following information, which statement shall not be modified or denied in the labeling or on another label attached to the container, shall be used:
    1. For agricultural seed, except for cool season grass seed and seed mixtures as provided in paragraph (b) of this subsection, 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:
      1. The name and address of the person who labeled the seed;
      2. The name of the kind and variety for each agricultural seed component present in excess of five percent (5%). If the variety of those kinds generally labeled as to variety as designated in the administrative regulations promulgated under KRS 250.021 to 250.111 is not known, the label shall show the kind and the words “Variety Unknown.” If the variety of those kinds generally labeled as to variety as designated in the administrative regulations promulgated under KRS 250.021 to 250.111 is not stated, the label shall show the kind and the words “Variety Not Stated” or “VNS.” Hybrid designations, when applicable, shall be used in place of variety names. If more than one (1) component is present in excess of five percent (5%), the word “mixed,” “mixture,” or “blend” shall be stated with the name of the mixture or blend, and each component shall be listed in columnar form in order of its prominence;
      3. Lot number or other lot identification;
      4. Percentage by weight of all weed seed;
      5. The name and rate of occurrence per pound of each kind of restricted noxious weed seed present;
      6. Percentage by weight of crop seed;
      7. Percentage by weight of inert matter;
      8. The totality of pure seed, weed seed, crop seed, and inert matter described in subparagraphs 2., 4., 6., and 7. of this paragraph shall total one hundred percent (100%); and
      9. For each named agricultural seed:
        1. Percentage of germination, exclusive of hard or dormant seed;
        2. Percentage of hard or dormant seed, if present;
        3. Origin (state or foreign country); and
        4. The calendar month and year in which the germination test was completed;
    2. For cool season grasses, including but not limited to Kentucky bluegrass, red fescue, chewings fescue, hard fescue, tall fescue, perennial ryegrass, intermediate ryegrass, annual ryegrass, colonial bentgrass, creeping bentgrass, and mixtures of the grasses:
      1. For single kinds, the name of the kind and variety shall be listed. If the variety of those kinds generally labeled as to variety as designated in the administrative regulations promulgated under KRS 250.021 to 250.111 is not known, the label shall show the kind and the words “Variety Unknown.” If the variety of those kinds generally labeled as to variety as designated in the administrative regulations promulgated under KRS 250.021 to 250.111 is not stated, the label shall show the name and the kind with the words “Variety Not Stated” or “VNS”;
      2. For mixtures:
        1. The word “mix,” “mixed,” “mixture,” or “blend” shall be stated with the name of the mixture;
        2. The heading “Pure Seed,” “Germination,” or “Germ” shall be used in the proper places; and
        3. The commonly accepted name of the kind, or kind and variety, of each agricultural seed component in excess of five percent (5%) of the whole, and the percentage by weight of pure seed shall be written in order of its predominance and in columnar form. If the variety of those kinds generally labeled as to variety as designated in the administrative regulations promulgated under KRS 250.021 to 250.111 is not stated, the label shall show the name of the kind and the word “Variety Not Stated”;
      3. The percentage by weight of crop seed;
      4. The percentage by weight of inert matter;
      5. The percentage by weight of all weed seeds;
      6. The totality of pure seed, pure seed mix, crop seed, inert matter, and weed seed described in subparagraphs 1., 2., 3., 4., and 5. of this paragraph shall total one hundred percent (100%);
      7. The name and rate of occurrence per pound of each kind of restricted noxious weed seed present;
      8. For each cool season grass seed named under subparagraphs 1. and 2. of this paragraph:
        1. The percentage of germination, exclusive of hard seed;
        2. The percentage of hard seed, if present;
        3. The calendar month and year the test was completed to determine such percentages; and
        4. The test to determine the percentage of germination shall be completed within a fifteen (15) month period immediately prior to sale, exposure for sale, or offering for sale or transportation, exclusive of the calendar month in which the test was completed; and
      9. The name and address of the person who labeled the seed;
    3. For vegetable seed in packets as prepared for use in home gardens or household plantings or vegetable seed in preplanted containers, mats, tapes, or other planting devices:
      1. The name and address of the person who labeled the seed;
      2. Name of kind and variety of seed;
      3. Lot identification, such as by lot number or other means;
      4. The year for which the seed was packed for distribution as “Packed for ________” or the percentage germination and the calendar month and year the test was completed to determine such percentage;
      5. For seed which germinate less than the standard last established by the director under KRS 250.021 to 250.111:
        1. Percentage of germination, exclusive of hard seed;
        2. Percentage of hard seed, if present; and
        3. The words “Below Standard” in not less than eight (8) point type; and
      6. For vegetable seed placed in a germination medium, mat, tape, or other device in a way to make it difficult to determine the quantity of seed without removing the seed from the medium, mat, tape, or device, a statement to indicate the minimum number of seed in the container;
    4. For vegetable seed in containers other than packets prepared for use in home gardens or household plantings and other than preplanted containers, mats, tapes, or other planting devices:
      1. The name and address of the person who labeled the seed;
      2. The name of each kind and variety present in excess of five percent (5%) and the percentage by weight of each in order of its predominance;
      3. Lot number or other lot identification; and
      4. For each named vegetable seed:
        1. Percentage of germination, exclusive of hard seed;
        2. Percentage of hard seed, if present; and
        3. The calendar month and year the test was completed to determine the percentages. The labeling requirements for vegetable seed in containers of more than one (1) pound shall be deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser;
    5. For flower seed in packets prepared for use in home gardens or household plantings, or flower seed in preplanted containers, mats, tapes, or other planting devices:
      1. The name and address of the person who labeled the seed;
      2. The name of the kind and variety or a statement of type and performance characteristics as prescribed in administrative regulations promulgated under the provisions of KRS 250.021 to 250.111;
      3. The calendar month and year the seed was tested or the year for which the seed was packaged;
      4. If seed are of those kinds for which standard testing procedures are prescribed and which germinate less than the germination standard last established under the provisions of KRS 250.021 to 250.111:
        1. Percentage of germination, exclusive of hard seed; and
        2. The words “Below Standard” in not less than eight (8) point type; and
      5. If seed are in a germination medium, mat, tape, or other device in a way to make it difficult to determine the quantity of seed without removing the seed from the medium, mat, tape, or device, a statement to indicate the minimum number of seed in the container;
    6. For flower seed in containers other than packets prepared for use in home flower gardens or household plantings and other than preplanted containers, mats, tapes, or other planting devices:
      1. The name and address of the person who labeled the seed;
      2. The name of the kind and variety or a statement of type and performance characteristics as prescribed in administrative regulations promulgated under the provisions of KRS 250.021 to 250.111;
      3. The lot number or other lot identification;
      4. The calendar month and year that the seed was tested or the year for which the seed was packaged; and
      5. If seed are of a kind for which standard testing procedures are prescribed:
        1. Percentage of germination, exclusive of hard seed; and
        2. Percentage of hard seed, if present; and
    7. For combination mulch, seed, and fertilizer products:
      1. The name and address of the person who labeled the seed;
      2. The word “combination” followed by the words “mulch - seed - fertilizer” (if appropriate) shall appear on the upper thirty percent (30%) of the principal display panel. The word “combination” shall be the largest and most conspicuous type on the container, equal to or larger than the product name. The words “mulch - seed - fertilizer” shall be no smaller than half the size of the word “combination” and in close proximity to the word “combination.” These products shall contain a minimum of seventy percent (70%) mulch; and
      3. Agricultural, lawn, and turf seed placed in a germination medium, mat, tape, or other device or mixed with mulch shall, in addition, be labeled as follows:
        1. Product name;
        2. Lot number;
        3. Percentage by weight of pure seed of each kind and variety named which may be less than five percent (5%) of the whole;
        4. Percentage by weight of crop seed;
        5. Percentage by weight of inert matter which shall not be less than seventy percent (70%);
        6. Percentage by weight of weed seed;
        7. Name and number of noxious weed seed per pound, if present; and
        8. Percentage of germination and hard seed (if appropriate) of each kind or kind and variety named and date of test.

History. Enact. Acts 1994, ch. 370, § 3, effective April 8, 1994; 2016 ch. 38, § 3, effective July 15, 2016.

Legislative Research Commission Notes.

(4/8/94). Although the section of 1994 Ky. Acts ch. 370 creating this statute directed its placement in KRS Chapter 350, it is clear from the subject matter of this statute and the structure of ch. 370 that placement in KRS chapter 250 was intended, and this has been done in codification pursuant to KRS 7.136(1)(h).

250.042. Exemptions from seed certification requirements. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1982, ch. 95, § 2, effective July 15, 1982) repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

250.050. Label requirements of mixtures of agricultural seeds. [Repealed.]

Compiler’s Notes.

This section (1376b-16: amend. Acts 1950, ch. 3, § 2; 1956, ch. 123, § 2) was repealed by Acts 1976, ch. 254, § 4.

250.051. Permits for labeling — Fees — Registration.

  1. The following shall apply with regard to permits for labeling:
    1. 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 issued by the Kentucky Seed Improvement Association, or purchased from the director;
    2. Each person who labels vegetable seed, flower seed, or combination mulch, seed, and fertilizer product shall obtain a labeling permit from the director;
    3. Permit holders shall be assessed a yearly fee of twenty-five dollars ($25) based on a calendar year or fraction thereof. The procedure for obtaining a permit, the responsibilities of the permit holders, method to be used in determining inspection fees, and the procedure for payment of inspection fees by permit holders distributing agricultural seed shall be established by administrative regulations promulgated by the director. Permits may be revoked if the director determines that the permit holder is not complying with the provisions of KRS 250.021 to 250.111 ; and
    4. Labels for agricultural seed may be purchased from the director at a price established by administrative regulation promulgated by the director.
  2. Each person who distributes agricultural seed in containers of forty (40) pounds or more at retail in Kentucky and each person, other than a certified seed conditioner, who conditions agricultural seed for distribution in Kentucky shall register with the director.
  3. Certified seed growers and certified seed conditioners shall be registered with the director by the Kentucky Seed Improvement Association at no additional fee as a part of the certification process.
  4. The yearly registration fee for retail agricultural seed dealers and for noncertified custom seed conditioners shall be twenty-five dollars ($25). If a person is required to both register and obtain a permit, the permit fee shall apply, and if a person is required to register both as a retail agricultural seed dealer and noncertified custom seed conditioner, only one (1) registration fee shall be paid.

History. Enact. Acts 1994, ch. 370, § 4, effective April 8, 1994; 2016 ch. 38, § 4, effective July 15, 2016.

Legislative Research Commission Notes.

(4/8/94). Although the section of 1994 Ky. Acts ch. 370 creating this statute directed its placement in KRS Chapter 350, it is clear from the subject matter of this statute and the structure of ch. 370 that placement in KRS chapter 250 was intended, and this has been done in codification pursuant to KRS 7.136(1)(h).

250.060. Label requirements of special mixtures. [Repealed.]

Compiler’s Notes.

This section (1376b-17: amend. Acts 1950, ch. 3, § 3; 1956, ch. 123, § 3) was repealed by Acts 1976, ch. 254, § 4.

250.061. Recordkeeping requirements.

  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 shall be accessible for inspection by the director during customary business hours.
  2. Every person registered as a retail agricultural seed dealer, or noncertified custom seed conditioner shall keep and maintain records for a period of two (2) years at the registrant’s address. All records shall be accessible for inspection by the director during customary business hours.

History. Enact. Acts 1994, ch. 370, § 5, effective April 8, 1994.

Legislative Research Commission Note.

(4/8/94). Although the section of 1994 Ky. Acts ch. 370 creating this statute directed its placement in KRS Chapter 350, it is clear from the subject matter of this statute and the structure of ch. 370 that placement in KRS chapter 250 was intended, and this has been done in codification pursuant to KRS 7.136(1)(h).

250.070. Sale of labels — Price — Permit for user to provide own labels. [Repealed.]

Compiler’s Notes.

This section (1376b-26: amend. Acts 1950, ch. 3, § 4; 1976, ch. 254, § 2; 1980, ch. 342, § 2, effective July 1, 1982) was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

250.071. Unlawful acts.

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 hold oneself out as being authorized to perform any of the acts for which registration or a permit is required without complying with requirements of KRS 250.051 ;
  3. To detach, alter, deface, or destroy any label provided for in KRS 250.021 to 250.111 or administrative regulations promulgated thereunder, or to alter or to falsely label seed;
  4. To disseminate false or misleading advertisements concerning seed subject to KRS 250.021 to 250.111 ;
  5. To hinder or obstruct any authorized person in the performance of his or her duties under KRS 250.021 to 250.111 ;
  6. To fail to comply with a “stop sale” order or to move or otherwise handle or dispose of any lot of seed, or tags attached thereto, held under a “stop sale” order, except with express permission of the director and for the purpose specified thereby;
  7. To distribute agricultural, vegetable, or flower seed subject to the requirements of KRS 250.021 to 250.111 :
    1. If subject to the germination requirements in KRS 250.041 , or unless otherwise stipulated in KRS 250.041 (10)(b), the test to determine the percentage of germination required by KRS 250.041 shall be completed within a nine (9) month period immediately prior to sale, exposure for sale, or offering for sale or transportation, exclusive of the calendar month in which the test was completed. However, agricultural or vegetable seed packaged in hermetically sealed containers may be distributed for a period of thirty-six (36) months after the germination test was completed;
    2. Consisting of or containing prohibited noxious weed seed;
    3. Having a combined germination and hard seed or germination and dormant seed percentage that is under sixty percent (60%), unless exception is specifically granted by the director;
    4. Consisting of or containing restricted noxious weed seed in amounts in excess of the number prescribed by administrative regulations promulgated under KRS 250.021 to 250.111 , or in excess of the number declared on the label;
    5. Containing more than two percent (2%) by weight of all weed seed; or
    6. Labeled with the word “trace” or other word as a substitute for a percentage amount;
  8. To distribute agricultural seed not certified by an official seed-certifying agency if it is a variety for which a certificate of plant variety protection under the Federal Plant Variety Protection Act, 7 U.S.C. secs. 2321 et seq., specifies distribution only as a class of certified seed. Agricultural seed from a certified lot may be included and labeled by variety name in a mixture provided that the approval of the owner of the variety has been obtained;
  9. To sell or offer for sale any seed bearing the certified label of any growers’ association whose requirements for certification are in any regard lower than those of the Kentucky Seed Improvement Association;
  10. To mix seed, including “feed wheat” or “wheat,” with fertilizer and distribute the mixture unless the seed have been tested and labeled and are in full compliance with KRS 250.021 to 250.111 ;
  11. To condition seed belonging to one (1) person and deliver the conditioned seed to, or allow its pick-up by, any other person unless the seed have been tested and labeled in accordance with KRS 250.041 ; and
  12. To use relabeling stickers without having both the calendar month and year the germination test was completed and the lot number that matches the existing original lot number.

History. Enact. Acts 1994, ch. 370, § 6, effective April 8, 1994; 2016 ch. 38, § 5, effective July 15, 2016.

Legislative Research Commission Notes.

(4/8/94). Although the section of 1994 Ky. Acts ch. 370 creating this statute directed its placement in KRS Chapter 350, it is clear from the subject matter of this statute and the structure of ch. 370 that placement in KRS chapter 250 was intended, and this has been done in codification pursuant to KRS 7.136(1)(h).

250.080. Label to be delivered to purchaser of seed. [Repealed.]

Compiler’s Notes.

This section (1376b-27: amend. Acts 1980, ch. 188, § 232, effective July 15, 1980) was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

250.081. Duties and powers of director — Authority for administrative regulations.

  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:
    1. To enforce and administer the provisions of KRS 250.021 to 250.111 .
    2. To be responsible for the official seed, plant, and plant parts certifying process in Kentucky. The certifying agency of Kentucky shall be the Kentucky Seed Improvement Association (KSIA). The affairs and business of KSIA shall be managed by a board of not less than five (5), or more than fifteen (15) directors, to be elected by the members. The KSIA commodity committees for small grain, legumes and grasses, tobacco, and corn, sorghum, and soybeans shall be represented by KSIA members and members of the experiment station staff approved by the director. Certification work shall be on a self-supporting basis but not for financial profit.
    3. To prescribe, amend, adopt, and publish after public hearing following due public notice, administrative regulations governing:
      1. The certification process.
        1. Administrative regulations governing what crops grown in Kentucky shall be eligible for certification; the conduct of certification, and standards, requirements, and forms for certification.
        2. If certification in Kentucky is requested for agricultural seed or plant parts for propagation produced outside of Kentucky and intended for sale in Kentucky, the request may be granted only when that part of the production process which has taken place outside the state has been certified by the agency responsible for certification in the state, province, or country where it originated, and only when the standards of certification there are not lower than those of the Kentucky Seed Improvement Association and are accepted by the director.
        3. If certification is requested for agricultural seed or plant parts for propagation produced in Kentucky but eligible for certification outside of Kentucky and intended for sale outside of Kentucky, the request may be granted providing the production process conforms with requirements of the agency responsible for certification in the state, province, or country in which the seed or plant parts are eligible for certification, and further that the certification does not denote suitability or adaptability of the seed or plant parts for use in Kentucky. The director of the Kentucky experiment station may issue, when necessary, certificates or statements showing that the particular seed or plant parts so certified are not suitable or adapted for use in Kentucky.
      2. Seed sampling procedures, methods of analysis, testing and examining of seed, and tolerances.
      3. Names of seed which are to be considered noxious in Kentucky and the maximum number of each kind of noxious weed seed to be allowed in a seed lot.
      4. Means for distinguishing seed intended for distribution from seed not intended for distribution in establishments where only a portion of seed being conditioned or held is to be distributed.
      5. Procedures for issuing and releasing stop sales and for handling seed which has been seized.
      6. Charges for tests of samples submitted to the Kentucky Agricultural Experiment Station Seed Laboratory for testing.
      7. Procedures for obtaining a permit to label, responsibilities of permit holders, method to be used in determining inspection fees, and the procedure for permit holders to make payment of fees for distributing agricultural seed.
      8. Charges for labels purchased from the director.
      9. Other topics deemed necessary to secure the efficient enforcement of the provisions in KRS 250.021 to 250.111.
  2. Further, for the purpose of carrying out the provisions of KRS 250.021 to 250.111 , the director may:
    1. Withhold certification for two (2) or more years from any grower of seed who is engaged in or is attempting to engage in any dishonest practices for the purpose of evading KRS 250.021 to 250.111 or administrative regulations promulgated by the director.
    2. Inspect, examine, sample, and analyze seed subject to the provisions of KRS 250.021 to 250.111 that are distributed in Kentucky for planting purposes, at the time and place and to the extent he deems necessary to determine whether the seed are in compliance with provisions of KRS 250.021 to 250.111, and notify promptly the person who distributed the seed and, if appropriate, the person who labeled or transported the seed, of any violation, stop sale order, or seizure.
    3. Enter upon any public or private premises, including seed conditioning plants and fertilizer blending plants, during regular business hours in order to have access to seed and the records connected with them subject to KRS 250.021 to 250.111 and to administrative regulations promulgated thereunder, and any truck or other conveyer by land, water, or air at any time when the conveyer is accessible, for the same purpose.
    4. Issue and enforce a written or printed “stop sale” order to the owner or custodian of any lot of seed subject to the provisions of KRS 250.021 to 250.111 which the director finds is in violation of any of the provisions of KRS 250.021 to 250.111 or administrative regulations promulgated thereunder. This order shall prohibit further distribution of the seed except on approval of the director, until the director has evidence that the law has been complied with, and has issued a release from the “stop sale” order of the seed. The owner or custodian of seed which has been denied distribution as provided in this paragraph, may appeal from the order to a court of competent jurisdiction in the locality in which the seed are found, asking for a judgment justifying the order and for the discharge of the seed from the order prohibiting their distribution in accordance with the findings of the court. The provisions of this paragraph shall not be construed as limiting the right of the director to proceed as authorized by other sections included in KRS 250.021 to 250.111.
    5. Seize improperly labeled seed. The director may seize any seed distributed which is not properly labeled, and may hold it until proper labeling is effected by the shipper or distributor of the seed.
    6. Establish and maintain seed testing facilities, to employ qualified persons, and to incur expenses necessary to determine if seed has been labeled correctly. The testing facility established shall be officially named the “Kentucky Agricultural Experiment Station Seed Laboratory.” The director shall, with the approval of the Board of Trustees of the University of Kentucky, fix the salaries of the analysts, inspectors, and supporting staff.
    7. Make or provide for making purity, germination, and other tests of seed quality for farmers and dealers on request; prescribe administrative regulations governing the testing, and amount and means of collection of associated fees. If tests are made for nonresidents, the fee for the test of purity and for germination shall be paid in advance to the director. Fees received in payment for tests shall be used for operation of the Kentucky seed testing and control program.
    8. Cooperate with the United States Department of Agriculture and other agencies in seed law enforcement.
    9. Reduce the certification requirements for seed in emergency situations to ensure adequate supplies of seed to Kentucky farmers.
    10. Publish the results of the examination, analysis, and tests of any samples of agricultural seed or mixtures of that seed inspected or tested as provided in KRS 250.021 to 250.111 together with any other information he may deem advisable.

History. Enact. Acts 1994, ch. 370, § 7, effective April 8, 1994.

Legislative Research Commission Note.

(4/8/94). Although the section of 1994 Ky. Acts ch. 370 creating this statute directed its placement in KRS Chapter 350, it is clear from the subject matter of this statute and the structure of ch. 370 that placement in KRS chapter 250 was intended, and this has been done in codification pursuant to KRS 7.136(1)(h).

250.090. Station to maintain laboratory — Assistants. [Repealed.]

Compiler’s Notes.

This section (1376b-20) was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

250.091. Annual free test for Kentucky citizens.

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).”

History. Enact. Acts 1994, ch. 370, § 8, effective April 8, 1994.

Legislative Research Commission Note.

(4/8/94). Although the section of 1994 Ky. Acts ch. 370 creating this statute directed its placement in KRS Chapter 350, it is clear from the subject matter of this statute and the structure of ch. 370 that placement in KRS chapter 250 was intended, and this has been done in codification pursuant to KRS 7.136(1)(h).

250.100. Director to enforce KRS 250.020 to 250.170 and make regulations. [Repealed.]

Compiler’s Notes.

This section (1376b-20: amend. Acts 1976, ch. 254, § 3) was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

250.101. Immunity of experiment station from liability of certifying agencies.

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.

History. Enact. Acts 1994, ch. 370, § 9, effective April 8, 1994.

Legislative Research Commission Note.

(4/8/94). Although the section of 1994 Ky. Acts ch. 370 creating this statute directed its placement in KRS Chapter 350, it is clear from the subject matter of this statute and the structure of ch. 370 that placement in KRS chapter 250 was intended, and this has been done in codification pursuant to KRS 7.136(1)(h).

250.110. “Approximate” to be defined by director. [Repealed.]

Compiler’s Notes.

This section (1376b-21) was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

250.111. Actions for violations of KRS 250.021 to 250.111 — Informal hearing — 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 hearing, or without the hearing if the person fails to appear, the director determines that a violation has occurred, he may issue a letter of reprimand, levy a fine pursuant to KRS 250.990 , or impose any other penalties or sanctions authorized under KRS 250.021 to 250.111 . Any penalty or sanction imposed as a result of an informal hearing may be appealed, and upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B.
  2. The director may petition a court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating or continuing to violate any provision of KRS 250.021 to 250.111 or any administrative regulation promulgated thereunder, notwithstanding the existence of other remedies of law. The injunction shall be issued without bond.

History. Enact. Acts 1994, ch. 370, § 10, effective April 8, 1994; 1996, ch. 318, § 165, effective July 15, 1996.

Legislative Research Commission Note.

(4/8/94). Although the section of 1994 Ky. Acts ch. 370 creating this statute directed its placement in KRS Chapter 350, it is clear from the subject matter of this statute and the structure of ch. 370 that placement in KRS chapter 250 was intended, and this has been done in codification pursuant to KRS 7.136(1)(h).

250.120. Seizure of improperly labeled seed. [Repealed.]

Compiler’s Notes.

This section (1376b-20) was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

250.130. Director to inspect and test seeds — May take samples. [Repealed.]

Compiler’s Notes.

This section (1376b-22) was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

250.140. Director to publish results of seeds tests. [Repealed.]

Compiler’s Notes.

This section (1376b-20) was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

250.150. Free tests for residents — Tests for nonresidents. [Repealed.]

Compiler’s Notes.

This section (1376b-25) was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

250.160. Prosecutions — Hearing — Evidence. [Repealed.]

Compiler’s Notes.

This section (1376b-24) was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

250.170. Minimum standard of seed certification — Standards prevail for twelve months. [Repealed.]

Compiler’s Notes.

This section (1376b-18) was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

250.180. Certification without authority of experiment station prohibited. [Repealed.]

Compiler’s Notes.

This section (42h-2, 42h-6) was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

250.190. Regulations as to certification. [Repealed.]

Compiler’s Notes.

This section (42h-1, 42h-2) was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

250.200. Enforcement of certification provisions. [Repealed.]

Compiler’s Notes.

This section (42h-3, 42h-7) was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

250.210. Certification may be withheld for dishonest practices. [Repealed.]

Compiler’s Notes.

This section (42h-5) was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

250.220. Certification to be self-supporting — No profit. [Repealed.]

Compiler’s Notes.

This section (42h-3) was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

250.225. Certification of seeds or plant parts produced outside Kentucky for sale within Kentucky, or produced within Kentucky for sale outside Kentucky. [Repealed.]

Compiler’s Notes.

This section was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

250.230. Experiment station immune from liability of agency. [Repealed.]

Compiler’s Notes.

This section (42h-4) was repealed by Acts 1994, ch. 370, § 15, effective April 8, 1994.

Feeding Stuffs

250.240. Commercial feeding stuffs. [Repealed.]

Compiler’s Notes.

This section (1719a-1 ) was repealed by Acts 1970, ch. 92, § 96.

250.250. Sales in violation of KRS 250.240 to 250.350, and adulteration prohibited. [Repealed.]

Compiler’s Notes.

This section (1719a-9) was repealed by Acts 1970, ch. 92, § 96, effective April 8, 1994.

250.260. Containers to be labeled; size of containers. [Repealed.]

Compiler’s Notes.

This section (1719a-1) was repealed by Acts 1970, ch. 92, § 96, effective April 8, 1994.

250.270. Label guarantees; not to be used fraudulently. [Repealed.]

Compiler’s Notes.

This section (1719a-10) was repealed by Acts 1970, ch. 92, § 96, effective April 8, 1994.

250.280. Inspection fee. [Repealed.]

Compiler’s Notes.

This section (1719a-4) was repealed by Acts 1970, ch. 92, § 96, effective April 8, 1994.

250.290. Director to furnish stamps. [Repealed.]

Compiler’s Notes.

This section (1719a-5) was repealed by Acts 1970, ch. 92, § 96, effective April 8, 1994.

250.300. Manufacturer, seller or importer to file statement with director. [Repealed.]

Compiler’s Notes.

This section (1719a-3) was repealed by Acts 1970, ch. 92, § 96, effective April 8, 1994.

250.310. Registration of feeding stuff under misleading name or below standard may be refused. [Repealed.]

Compiler’s Notes.

This section (1719a-14) was repealed by Acts 1970, ch. 92, § 96, effective April 8, 1994.

250.320. Purchaser may have sample analyzed. [Repealed.]

Compiler’s Notes.

This section (1719a-7) was repealed by Acts 1970, ch. 92, § 96, effective April 8, 1994.

250.330. Director may analyze samples and publish results. [Repealed.]

Compiler’s Notes.

This section (1719a-8) was repealed by Acts 1970, ch. 92, § 96, effective April 8, 1994.

250.340. No action on sale on contract violating KRS 250.240 to 250.350. [Repealed.]

Compiler’s Notes.

This section (1719a-15) was repealed by Acts 1970, ch. 92, § 96, effective April 8, 1994.

250.350. Director may adopt standards and enforce regulations. [Repealed.]

Compiler’s Notes.

This section (1719a-13) was repealed by Acts 1970, ch. 92, § 96, effective April 8, 1994.

Industrial Hemp

250.355. Testing of hemp plants, plant parts, and materials for compliance with 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 the provisions of KRS 260.850 to 260.869 and the administrative regulations promulgated thereunder.
  2. The director, or the director’s designee, shall perform testing services as the primary laboratory for delta-9 tetrahydrocannabinol as required by the department. The department may contract with other qualified laboratories to perform delta-9 tetrahydrocannabinol testing services when required.

HISTORY: 2017 ch. 45, § 11, effective March 20, 2017; 2020 ch. 1, § 1, effective February 10, 2020.

Legislative Research Commission Notes.

(3/20/2017). 2017 Ky. Acts ch. 45 contained 13 sections. Sections 1 to 10 of that Act amended, repealed and reenacted, or created statutes relating to the industrial hemp research program found in the statutory range of KRS 260.850 to 260.869 . Sections 11 and 12 amended or created statutes in other KRS chapters, and Section 13 repealed some statutes within KRS 260.850 to 260.869 . The correct reference should have been to only Sections 1 to 10 of this Act, the relevant range affecting the industrial hemp research program, and in codification the Reviser of Statutes has codified that language in this statute accordingly under the authority of KRS 7.136(1)(h) to correct manifest clerical or typographical errors.

Fertilizers

250.360. Sales in violation of KRS 250.360 to 250.480 prohibited. [Repealed.]

Compiler’s Notes.

This section (1822-4) was repealed by Acts 1984, ch. 191, § 21, effective July 13, 1984.

250.361. Administration of KRS 250.371 to 250.451.

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.

History. Enact. Acts 1984, ch. 191, § 1, effective July 13, 1984.

250.366. Definitions for KRS 250.361 to 250.451.

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 plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and other products exempted by regulation by the director.
  2. “Fertilizer material” means a fertilizer which either:
    1. Contains important quantities of no more than one (1) of the primary plant nutrients: nitrogen (N), phosphorus (P) and potassium (K); or
    2. Has eighty-five percent (85%) or more of its plant nutrient content present in the form of a single chemical compound; or
    3. Is derived from a plant or animal residue or by-product or natural material deposit which has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration.
  3. “Mixed fertilizer” means a fertilizer containing any combination or mixture of fertilizer materials.
  4. “Specialty fertilizer” means a fertilizer distributed for nonfarm use.
  5. “Bulk fertilizer” means a fertilizer distributed in a nonpackaged form.
  6. “Brand” means a term, design, or trademark used in connection with one (1) or several grades of fertilizer but shall not include any numeral that is misleading or confusing.
  7. “Guaranteed analysis” means, until the director prescribes the alternative form of “guaranteed analysis” in accordance with the provisions of this subsection, the minimum percentage of plant nutrients claimed in the following order and form:

    The effective date of the regulation shall be not less than six (6) months following the issuance thereof, except that the equivalent of phosphorus and potassium may also be shown in the form of available phosphate and soluble potash for a period of two (2) years following the effective date of the regulation. After the effective date of the regulation total nitrogen, available phosphorus, and soluble potassium shall constitute the grade.

  8. “Grade” means the percentage of total nitrogen, available phosphorus or phosphate, and soluble potassium or potash stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis; except specialty fertilizers may be guaranteed in fractional units of less than one percent (1%) of total nitrogen, available phosphorus or phosphate, and soluble potassium or potash and fertilizer materials, bone meal, manures, and similar materials may be guaranteed in fractional units.
  9. “Official sample” means any sample of fertilizer taken by the director and designated as “official” by the director.
  10. “Ton” means a net weight of two thousand (2,000) pounds avoirdupois.
  11. “Primary nutrient” means total nitrogen, available phosphate or phosphorus, and soluble potash or potassium.
  12. “Percent” or “percentage” means the percentage by weight.
  13. “Person” means individual, partnership, association, firm, or corporation.
  14. “Distribute” means to import, consign, manufacture, produce, compound, mix, or blend fertilizer, or to offer for sale, sell, barter, or otherwise supply fertilizer in this state.
  15. “Distributor” means any person who distributes fertilizer in this Commonwealth.
  16. “Registrant” means the person who registers fertilizer under the provisions of KRS 250.361 to 250.451 .
  17. “Label” means the display of all written, printed, or graphic matter, upon the immediate container, or a statement accompanying a fertilizer.
  18. “Labeling” means all written, printed, or graphic matter, upon or accompanying any fertilizer, or verbal statements, advertisements, brochures, posters, television or radio announcements used in promoting the sale of the fertilizer.
  19. “Investigational allowance” means an allowance for variations inherent in the taking, preparation and analysis of an official sample of fertilizer.
  20. “Manufacturer” means any person engaged in the business of preparing, mixing, or manufacturing fertilizers or the person whose name appears on the label as being responsible for the guarantee.
  21. “Manufacturing” means preparing, mixing, or combining fertilizer materials chemically or physically, including the mixing through the simultaneous application of two (2) or more fertilizer materials, by a manufacturer or contract applicator.
  22. “Lot” means an identifiable quantity of fertilizer that can be sampled according to AOAC International procedures, such as, the amount contained in a single vehicle, or the amount delivered under a single invoice, and, in the case of bagged fertilizer, not more than twenty-five (25) tons.
  23. “Blending” means physically mixing or combining two (2) or more fertilizer materials including the mixing through the simultaneous application of two (2) or more fertilizer materials by a blender or another person.
  24. “Blender” means any person who is engaged in the business of blending fertilizers.
  25. “Custom-mixed fertilizer” means a fertilizer blended according to specifications that are furnished to a blender by the consumer prior to blending.
  26. “Licensee” means the person who is licensed to distribute fertilizer.

Total nitrogen (N) -----percent Available phosphate (P205) -----percent Soluble potash (K20) -----percent For unacidulated mineral phosphatic material and basic slag, bone, tankage and other organic phosphatic materials, the total phosphate or degree of fineness may also be guaranteed. Guarantees for plant nutrients other than nitrogen, phosphorus and potassium may be permitted or required by regulation by the director. The guarantees for such other nutrients shall be expressed in the form of the element. The source, e.g. oxides, salts, chelates, etc. of such other nutrients may be required to be stated on the application for registration and may be included on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission and advice of the director. When any plant nutrients or other substances or compounds are guaranteed, they shall be subject to inspection and analysis in accord with the methods and regulations prescribed by the director. When the director finds, after public hearing following due notice, that the requirement for expressing the guaranteed analysis of phosphorus and potassium in elemental form would not impose an economic hardship on distributors and users of fertilizer by reason of conflicting labeling requirements among the states, he may require by regulation thereafter that the “guaranteed analysis” shall be in the following form: Total nitrogen (N) -----percent Available phosphate (P) -----percent Soluble potash (K) -----percent

Click to view

History. Enact. Acts 1984, ch. 191, § 2, effective July 13, 1984; 1994, ch. 331, § 1, effective July 15, 1994.

250.370. Commercial fertilizer to be labeled. [Repealed.]

Compiler’s Notes.

This section (1822-3: amend. Acts 1952, ch. 125, § 1) was repealed by Acts 1984, ch. 191, § 21, effective July 13, 1984.

250.371. Registration of brand and grade — Exceptions.

  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 fertilizers a registration fee of fifty dollars ($50) per each grade of each brand shall accompany the registration application. Upon approval by the director, a copy of the registration shall be furnished to the applicant. All registrations expire on December 31 of each year. The application shall include the following information:
    1. The net weight of packages;
    2. The brand and grade;
    3. The guaranteed analysis; and
    4. The name and address of the registrant.
  2. A distributor shall not be required to register any fertilizer which is already registered under KRS 250.361 to 250.451 by another person, if the label does not differ in any respect.
  3. A blender shall not be required to register each custom-mixed farm fertilizer, but shall be required to license his firm on a form furnished by the director and to label the fertilizer as provided in subsection (2) of KRS 250.376 . The label of each custom-mixed fertilizer shall be maintained by the blender for one (1) year for inspection by the director.
  4. A distributor of custom-mixed specialty fertilizers or bulk specialty fertilizers for home lawns, golf courses, recreational areas, or other nonfarm areas shall not be required to register each grade distributed but shall license his firm on a form furnished by the director for an annual fee of one hundred dollars ($100) and label the fertilizers as provided in KRS 250.376(1). The label of each fertilizer distributed under this subsection shall be maintained by the distributor for one (1) year for inspection by the director.

History. Enact. Acts 1984, ch. 191, § 3, effective July 13, 1984; 1994, ch. 331, § 2, effective July 15, 1994.

250.372. Preemption of local legislation regulating fertilizer.

  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 regulated pursuant to KRS 250.371 . Local legislation in violation of this section is void and unenforceable.
  2. Nothing in this section shall be construed to:
    1. Abrogate any authority afforded by the state statutes to any program cabinet established under KRS Chapter 12 or any state or federal mandated hazardous materials regulations or fire safety codes and comprehensive hazardous materials management program;
    2. Abrogate the planning and zoning authority granted local government pursuant to KRS Chapter 100; or
    3. Waive any reporting requirement established by state or federal law or regulation.

History. Enact. Acts 2007, ch. 17, § 2, effective June 26, 2007.

250.376. Labeling.

  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:
    1. Net weight;
    2. Brand and grade, except that the grade shall not be required when no primary nutrients are claimed;
    3. Guaranteed analysis; and
    4. Name and address of the registrant or licensee.

      In case of bulk shipments, this information in written or printed form shall accompany each delivery and be supplied to the purchaser at time of delivery.

  2. A custom-mixed farm fertilizer shall be labeled to show the net weight, the guaranteed analysis, or the guaranteed analysis and net weight of each material used in the formulation or both, and the name and address of the licensee and the consumer.

History. Enact. Acts 1984, ch. 191, § 4, effective July 13, 1984; 1994, ch. 331, § 3, effective July 15, 1994.

250.380. Label guarantees — Not to be used fraudulently — Civil liability. [Repealed.]

Compiler’s Notes.

This section (1822-9: amend. Acts 1952, ch. 125, § 2) was repealed by Acts 1984, ch. 191, § 21, effective July 13, 1984.

250.381. Inspection fee — Quarterly statements.

  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, distributors, licensees, or registrants are exempted.
  2. Every registrant or licensee who distributes fertilizer in the state shall file on forms approved by the director a quarterly statement setting forth the number of net tons of each grade of fertilizer distributed in this state, the county of the consignee, the form in which the fertilizer was distributed, e.g., bags, bulk, or liquid, and whether the fertilizer was for farm or nonfarm use. The report shall be due on or before the last day of January, April, July, and October of each year, and upon the filing of the statement the registrant or licensee shall pay the inspection fee at the rate stated in subsection (1) of this section. If the tonnage report is not filed and the payment of inspection fees is not made within fifteen (15) days after the due date, a collection fee, amounting to ten percent (10%), with a minimum of fifty dollars ($50), of the amount due shall be assessed against the registrant or licensee and added to the amount due.
  3. If more than one (1) person is involved in the distribution of a fertilizer, the last person who has the fertilizer registered or is licensed and who distributed to a nonregistrant dealer or consumer shall be responsible for reporting the tonnage and paying the inspection fee, unless the report and payment are made by a prior distributor of the fertilizer.
  4. On individual packages of fertilizer containing ten (10) pounds or less, there shall be paid, in lieu of the inspection fee of fifty cents ($0.50) per ton required by subsection (1) of this section, an annual inspection fee of fifty dollars ($50) for each grade of each brand sold or distributed. If a person distributes fertilizer in packages of ten (10) pounds or less and in packages over ten (10) pounds, the annual fee shall apply only to that portion distributed in packages of ten (10) pounds or less.
  5. Fees collected shall be used for the payment of the costs of inspecting, sampling, analyzing, and other expenses necessary for the administration of KRS 250.361 to 250.451 .
  6. No information furnished to the director under this section shall be disclosed in a way to divulge the operation of any person.

History. Enact. Acts 1984, ch. 191, § 5, effective July 13, 1984; 1994, ch. 331, § 4, effective July 15, 1994; 2003, ch. 163, § 1, effective June 24, 2003.

250.386. Reporting of consignments to nonregistrant. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1984, ch. 191, § 6, effective July 13, 1984; 1994, ch. 331, § 5, effective July 15, 1994) was repealed by Acts 2003, ch. 163, § 3, effective June 24, 2003. For present law, see KRS 250.381 .

250.390. Seller to furnish director with affidavit concerning fertilizer. [Repealed.]

Compiler’s Notes.

This section (1822-1: amend. Acts 1952, ch. 125, § 3) was repealed by Acts 1984, ch. 191, § 21, effective July 13, 1984.

250.391. Analysis of fertilizers.

  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 250.361 to 250.451 . The director may enter upon any public or private premises or carriers during regular business hours in order to have access to fertilizer subject to the provisions of KRS 250.361 to 250.451 and the administrative regulations pertaining thereto, and to the records relating to their distribution.
  2. The methods of sampling and analysis shall be those adopted by the AOAC International, 2200 Wilson Boulevard, Suite 400, Arlington, VA 22201-3301. In cases not covered by such methods, or in cases where methods are available in which improved applicability has been demonstrated, the director may adopt appropriate methods from other sources.
  3. The director, in determining for administrative purposes whether any fertilizer is deficient in plant food, shall be guided by the official sample as defined in KRS 250.366(9), and obtained and analyzed as provided for in subsection (2) of this section.
  4. The results of official analysis of fertilizers and portions of official samples shall be distributed by the director as provided by administrative regulation and in KRS 250.416 . Official samples establishing a penalty for nutrient deficiency shall be retained for a minimum of ninety (90) days from issuance of a deficiency report.

History. Enact. Acts 1984, ch. 191, § 7, effective July 13, 1984; 1994, ch. 331, § 6, effective July 15, 1994.

250.396. Penalty for fertilizer deficiency.

  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 administrative regulation, a penalty payment shall be assessed. The penalty shall not exceed three (3) times the monetary value of the deficiency or the retail value of the lot of fertilizer, whichever is less, with the penalty assessment being adjusted for the magnitude of the deficiency and the value of any overages of guaranteed nutrients as established by regulation.
  2. Deficiencies beyond the investigational allowances as established by regulation in constituents other than total nitrogen (N), available phosphate (P205), or soluble potash (K20), which the registrant or licensee is required to or may guarantee, shall be evaluated and penalty payments assessed and paid as established by administrative regulation.
  3. If, upon satisfactory evidence, a person is shown to have altered the content of a fertilizer shipped to him by a registrant or to have mixed or commingled fertilizer from two (2) or more suppliers so that the result of either alteration changes the analysis of the fertilizer as originally guaranteed, that person shall become responsible for obtaining a registration and shall be held liable for all penalty payments and be subject to other provisions of KRS 250.361 to 250.451 , including seizure, condemnation, and stop sale.
  4. Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction praying for judgment as to the justification of the penalty payments.

History. Enact. Acts 1984, ch. 191, § 8, effective July 13, 1984; 1994, ch. 331, § 7, effective July 15, 1994.

250.400. Director to permit sales of labeled fertilizer. [Repealed.]

Compiler’s Notes.

This section (1822-2: amend. Acts 1952, ch. 125, § 4) was repealed by Acts 1984, ch. 191, § 21, effective July 13, 1984.

250.401. Determination and publication of commercial values.

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 provided in KRS 250.366(7), the values shall be per unit of nitrogen, phosphorus, and potassium. The values determined and published shall be used in determining and assessing penalty payments.

History. Enact. Acts 1984, ch. 191, § 9, effective July 13, 1984; 1994, ch. 331, § 8, effective July 15, 1994.

250.406. Distribution of misbranded fertilizer prohibited.

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 250.376 and in accordance with regulations prescribed under KRS 250.421 ; or
  4. If it purports to be or is represented as a fertilizer, or is represented as containing a plant nutrient or fertilizer, unless such plant nutrient or fertilizer conforms to the definition of identity, if any, prescribed by regulation of the director; in adopting such regulations the director shall give due regard to commonly accepted definitions and official fertilizer terms such as those issued by the Association of American Plant Food Control officials.

History. Enact. Acts 1984, ch. 191, § 10, effective July 13, 1984.

250.410. Fees for sales or importations of fertilizer — Reports — Payment. [Repealed.]

Compiler’s Notes.

This section (1822-5: amend. Acts 1952, ch. 125, § 5) was repealed by Acts 1984, ch. 191, § 21, effective July 13, 1984.

250.411. Distribution of adulterated fertilizer prohibited.

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 for use on the label, or if adequate warning statements or directions for use which may be necessary to protect plant life are not shown upon the label;
  2. If it contains unwanted crop seed or weed seed; or
  3. If its composition falls below or differs from that which it is purported to possess by its labeling.

History. Enact. Acts 1984, ch. 191, § 11, effective July 13, 1984.

250.416. Publication of information by director.

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 KRS 250.371 and 250.376 .

History. Enact. Acts 1984, ch. 191, § 12, effective July 13, 1984.

250.420. Director to refuse registration if fertilizer thought worthless. [Repealed.]

Compiler’s Notes.

This section (1822-12: amend. Acts 1952, ch. 125 § 6) was repealed by Acts 1984, ch. 191, § 21, effective July 13, 1984.

250.421. Director to enforce statutes and regulations.

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 .

History. Enact. Acts 1984, ch. 191, § 13, effective July 13, 1984.

250.426. Deceptive practices prohibited.

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.

History. Enact. Acts 1984, ch. 191, § 14, effective July 13, 1984.

250.430. Director may sample fertilizer. [Repealed.]

Compiler’s Notes.

This section (1822-7) was repealed by Acts 1984, ch. 191, § 21, effective July 13, 1984.

250.431. Revocation or refusal of registration — Appeal.

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 evasion or attempted evasion of the provisions of KRS 250.361 to 250.451 or any administrative regulations promulgated thereunder. No registration or license shall be revoked or refused until the person (registrant or licensee) shall have been given the opportunity to appear for an informal hearing by the director. If a registration or license is revoked or refused as the result of an informal hearing, the registrant or licensee may appeal, and upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B.

History. Enact. Acts 1984, ch. 191, § 15, effective July 13, 1984; 1994, ch. 331, § 9, effective July 15, 1994; 1996, ch. 318, § 166, effective July 15, 1996.

250.436. “Stop sale, use, or removal” order.

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 the provisions of KRS 250.371 to 250.451 , until the law has been complied with and said fertilizer is released in writing by the director, or said violation has been otherwise legally disposed of by written authority. The director shall release the fertilizer so withdrawn when the requirements of the provisions of KRS 250.371 to 250.451 have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.

History. Enact. Acts 1984, ch. 191, § 16, effective July 13, 1984.

250.440. Purchaser of fertilizer may have analysis made. [Repealed.]

Compiler’s Notes.

This section (1822-8) was repealed by Acts 1984, ch. 191, § 21, effective July 13, 1984.

250.441. Seizure of fertilizer.

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 be in violation of KRS 250.371 to 250.451 and orders the condemnation of said fertilizer, it shall be disposed of in any manner consistent with the quality of the fertilizer and the laws of the state, except in no instance shall the disposition of said fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said fertilizer or for permission to reprocess or relabel said fertilizer to bring it into compliance with KRS 250.371 to 250.451.

History. Enact. Acts 1984, ch. 191, § 17, effective July 13, 1984.

250.446. Notice of violation — Hearing — Administrative sanctions — Prosecution in 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 whom the sample was taken of the alleged violations and designate a time and place for an informal hearing under administrative regulations promulgated by the director. If it appears after the informal hearing, either in the presence or absence of the person so notified, that any of the provisions of KRS 250.361 to 250.451 or administrative regulations promulgated thereunder have been violated, the director may issue a letter of reprimand, levy a fine pursuant to KRS 250.990 , or impose any other administrative penalties or sanctions authorized under KRS 250.361 to 250.451. Any penalty or sanction imposed as a result of an informal hearing may be appealed, and upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B.
  2. Nothing in KRS 250.361 to 250.451 shall be construed as requiring the director to report for prosecution or for the institution of seizure proceedings minor violations of KRS 250.361 to 250.451 , when he believes that the public interests will be best served by a letter of reprimand.
  3. If, after completing the hearing process contained in subsection (1) of this section, the director has probable cause to believe that a criminal offense has been committed, he shall report the matter to the Attorney General or the county attorney of the county in which the alleged offense occurred. It shall be the duty of the Attorney General or appropriate county attorney to whom any offenses are reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
  4. The director may petition a court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of KRS 250.361 to 250.451 or any administrative regulation promulgated under KRS 250.361 to 250.451 , notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.

History. Enact. Acts 1984, ch. 191, § 18, effective July 13, 1984; 1994, ch. 331, § 10, effective July 15, 1994; 1996, ch. 318, § 167, effective July 15, 1996.

250.450. Director to analyze every fertilizer annually — Results to be published. [Repealed.]

Compiler’s Notes.

This section (1822-10) was repealed by Acts 1984, ch. 191, § 21, effective July 13, 1984.

250.451. Sales or exchanges among distributors not restricted.

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 brands or are licensed as required by provisions of KRS 250.361 to 250.451 .

History. Enact. Acts 1984, ch. 191, § 19, effective July 13, 1984; 1994, ch. 331, § 11, effective July 15, 1994.

250.460. Director may require fertilizer manufacturers to notify him of shipments into state. [Repealed.]

Compiler’s Notes.

This section (1822-11) was repealed by Acts 1984, ch. 191, § 21, effective July 13, 1984.

250.461. Short title for KRS 250.361 to 250.451.

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

History. Enact. Acts 1984, ch. 191, § 22, effective July 13, 1984; 1994, ch. 331, § 12, effective July 15, 1994.

250.470. Director to report biennially to commissioner. [Repealed.]

Compiler’s Notes.

This section (1822-6, 1822-7) was repealed by Acts 1984, ch. 191, § 21, effective July 13, 1984.

250.480. Director to enforce KRS 250.360 to 250.480 and make regulations. [Repealed.]

Compiler’s Notes.

This section (1822-7) was repealed by Acts 1984, ch. 191, § 21, effective July 13, 1984.

Anhydrous Ammonia

250.482. Definitions for KRS 250.483 to 250.488.

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 two (2) gaseous elements, nitrogen and hydrogen, in the proportion of one (1) part nitrogen to three (3) parts of hydrogen by volume. Anhydrous ammonia is ammonia gas in compressed or liquefied form, and is not aqueous ammonia.
  4. “Approved container” means a container for anhydrous ammonia which meets or exceeds the requirements of the Federal law or regulation for the storage and handling of anhydrous ammonia.

History. Enact. Acts 1958, ch. 62, § 1; 1976, ch. 299, § 54; 1980, ch. 188, § 235, effective July 15, 1980; 2000, ch. 233, § 1, effective July 14, 2000; 2010, ch. 24, § 602, effective July 15, 2010.

Compiler’s Notes.

KRS 250.488 , referred to in this section, was repealed by Acts 2000, ch. 233, § 10, effective July 14, 2000.

NOTES TO DECISIONS

1.Application to Other Statutes.

When the Legislature amended KRS 250.482 to include the definition of approved container, and at the same time, declared it illegal to possess anhydrous ammonia in an unapproved container, it intended the definition to apply to KRS 250.489 ; the error committed by the compiler of KRS 250.489 by giving it a number outside the scope of KRS 250.482 did not render unconstitutional an otherwise constitutional statute, and a trial court’s declaration that KRS 250.489(1) was unconstitutionally vague was reversed. Commonwealth v. Kerr, 136 S.W.3d 783, 2004 Ky. App. LEXIS 155 (Ky. Ct. App. 2004).

Evidence was sufficient to support defendant’s conviction of possession of anhydrous ammonia in an unapproved container with the intent to manufacture methamphetamine because KRS 250.482(3) applies the proscription in KRS 250.489(1) to anhydrous ammonia in either its compressed or liquefied form but not to aqueous ammonia, and an officer testified that based on his training and experience, the odor emanating from the liquid in the glass jar found in defendant’s residence was that of anhydrous ammonia, not diluted (aqueous) household ammonia. Fulcher v. Commonwealth, 149 S.W.3d 363, 2004 Ky. LEXIS 274 ( Ky. 2004 ), overruled in part, Ballinger v. Commonwealth, 459 S.W.3d 349, 2015 Ky. LEXIS 1611 ( Ky. 2015 ).

250.483. Administrative regulations governing anhydrous ammonia.

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 for storing, handling, transporting by tank truck, tank trailer, and utilizing anhydrous ammonia. The administrative regulations shall be such as are reasonably necessary for the protection and safety of the public and persons using such materials, and shall be in substantial conformity with the generally-accepted standards of safety concerning the same subject matter. Administrative regulations in substantial conformity with the published standards of the Fertilizer Institute and the Compressed Gas Association for the design, installation, and construction of containers and equipment for the storage and handling of anhydrous ammonia shall be deemed to be in substantial conformity with the generally-accepted standards of safety concerning the same subject matter.

History. Enact. Acts 1958, ch. 62, § 2; 1976, ch. 299, § 55; 2000, ch. 233, § 2, effective July 14, 2000; 2010, ch. 24, § 603, effective July 15, 2010.

250.484. Installation and maintenance of equipment.

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 .

History. Enact. Acts 1958, ch. 62, § 3; 1976, ch. 299, § 56.

250.486. Restrictions on handling anhydrous ammonia — Registration.

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 purpose whatsoever. Any wholesaler, dealer, or handler of anhydrous ammonia or pressure liquid fertilizers that have a vapor pressure in excess of fifty (50) pounds at one hundred (100) degrees Fahrenheit shall be registered with the division.

History. Enact. Acts 1958, ch. 62, § 4; 1960, ch. 55, § 1; 1976, ch. 299, § 57; 2000, ch. 233, § 3, effective July 14, 2000.

250.487. Disposition of license fees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1958, ch. 62, § 7; 1960, ch. 55, § 2) was repealed by Acts 2000, ch. 233, § 10, effective July 14, 2000.

250.488. Order to correct violation — Injunctive remedies. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1958, ch. 62, § 6; 1974, ch. 315, § 33; 1976, ch. 299, § 58; 1980, ch. 114, § 53, effective July 15, 1980) was repealed by Acts 2000, ch. 233, § 10, effective July 14, 2000. For present law, see KRS 250.489 .

250.489. Possession of anhydrous ammonia in unapproved container prohibited — 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 laboratories in education, government, or corporate settings.
  3. It shall be an affirmative defense to prosecution under this section that the anhydrous ammonia is possessed for the sole purpose of agricultural use.

History. Enact. Acts 2000, ch. 233, § 4, effective July 14, 2000.

NOTES TO DECISIONS

1.Constitutionality.

When the Legislature amended KRS 250.482 to include the definition of approved container, and at the same time, declared it illegal to possess anhydrous ammonia in an unapproved container, it intended the definition to apply to KRS 250.489 ; the error committed by the compiler of KRS 250.489 by giving it a number outside the scope of KRS 250.482 did not render unconstitutional an otherwise constitutional statute, and a trial court’s declaration that KRS 250.489(1) was unconstitutionally vague was reversed. Commonwealth v. Kerr, 136 S.W.3d 783, 2004 Ky. App. LEXIS 155 (Ky. Ct. App. 2004).

2.Double Jeopardy.

Defendant’s convictions for manufacturing methamphetamine under KRS 218A.1432(1)(a) and anhydrous ammonia in an unapproved container with the intent to manufacture methamphetamine under KRS 250.489(1) did not violate double jeopardy because the former made no mention of anhydrous ammonia or what constituted a proper container for it; thus, on its face there was proof of an element required for a conviction of the latter offense that was not required for a conviction of the former. Further, while manufacturing methamphetamine required that the defendant acted in the past, proving that the defendant possessed the anhydrous ammonia in an unapproved container with the intent to manufacture methamphetamine in the future required proving how the defendant was going to act; thus, the two crimes did not constitute a “continuing course of conduct” and did not violate double jeopardy. Shemwell v. Commonwealth, 294 S.W.3d 430, 2009 Ky. LEXIS 181 ( Ky. 2009 ).

3.Evidence.

In a case involving a borrowed vehicle with a methamphetamine laboratory in the back seat, defendant was not entitled to a directed verdict of acquittal because the evidence was sufficient to infer his knowledge of the methamphetamine laboratory, which had a strong odor. Beaty v. Commonwealth, 125 S.W.3d 196, 2003 Ky. LEXIS 232 ( Ky. 2003 ).

Evidence was sufficient to support a conviction of possessing anhydrous ammonia in an unapproved container with the intent to manufacture methamphetamine because although the liquid anhydrous ammonia found in the freezer was not tested, the contents of the propane tank field-tested positive for anhydrous ammonia and a detective testified that the charge of possessing anhydrous ammonia in an unapproved container was based on the anhydrous ammonia found in the propane tank, not the contents of the bowl found in the freezer. Furthermore, the fact that a manufacturing process was ongoing at the time of the search and that numerous other chemicals and items of equipment used in the manufacture of methamphetamine were found nearby, created a reasonable inference that defendant intended to use the anhydrous ammonia to manufacture methamphetamine. Fulcher v. Commonwealth, 149 S.W.3d 363, 2004 Ky. LEXIS 274 ( Ky. 2004 ), overruled in part, Ballinger v. Commonwealth, 459 S.W.3d 349, 2015 Ky. LEXIS 1611 ( Ky. 2015 ).

Evidence was sufficient to support defendant’s conviction of possession of anhydrous ammonia in an unapproved container with the intent to manufacture methamphetamine because KRS 250.482(3) applies the proscription in KRS 250.489(1) to anhydrous ammonia in either its compressed or liquefied form but not to aqueous ammonia, and an officer testified that based on his training and experience, the odor emanating from the liquid in the glass jar found in defendant’s residence was that of anhydrous ammonia, not diluted (aqueous) household ammonia. Fulcher v. Commonwealth, 149 S.W.3d 363, 2004 Ky. LEXIS 274 ( Ky. 2004 ), overruled in part, Ballinger v. Commonwealth, 459 S.W.3d 349, 2015 Ky. LEXIS 1611 ( Ky. 2015 ).

4.— Insufficient.

Less culpable of two (2) codefendants had convictions vacated because of insufficient evidence of manufacturing methamphetamine under KRS 218A.1432 , which was firearm enhanced under KRS 218A.992 , possession of anhydrous ammonia in an unapproved container with intent to manufacture methamphetamine under KRS 250.489(1), 250.991(2), and receiving stolen property valued at $300 or more, KRS 514.110(1), (3). That defendant, however, was to be retried for possession of drug paraphernalia, subsequent offense, under KRS 218A.500(2), (5). Hayes v. Commonwealth, 175 S.W.3d 574, 2005 Ky. LEXIS 332 ( Ky. 2005 ).

Cited:

Pate v. Commonwealth, 134 S.W.3d 593, 2004 Ky. LEXIS 115 ( Ky. 2004 ).

250.4892. Tampering with anhydrous ammonia equipment prohibited.

  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 that he has the right for a legitimate or legal purpose, transfers or attempts to transfer anhydrous ammonia to another container, or intentionally or wantonly defaces, destroys, or damages the equipment, container, or facility containing anhydrous ammonia.

History. Enact. Acts 2000, ch. 233, § 5, effective July 14, 2000.

250.4894. No cause of action for damages incurred while tampering with anhydrous 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, maintenance, or operation of the equipment, container or facility; any person lawfully selling anhydrous ammonia; or any person lawfully purchasing anhydrous ammonia for agricultural purposes for damages arising out of the tampering.

History. Enact. Acts 2000, ch. 233, § 6, effective July 14, 2000.

Commercial Feeds

250.490. Agricultural experiment station director to administer commercial feed law. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 233, § 1) was repealed by Acts 1972, ch. 24, § 17.

250.491. Agricultural experiment station director to administer KRS 250.491 to 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.

History. Enact. Acts 1972, ch. 24, § 2; 1990, ch. 356, § 1, effective July 13, 1990; 1996, ch. 68, § 1, effective July 15, 1996.

250.500. Definitions for KRS 250.490 to 250.620 and subsection (4) of KRS 250.990. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 233, § 2) was repealed by Acts 1972, ch. 24, § 17.

250.501. Definitions for KRS 250.491 to 250.631.

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 materials except unmixed seed, whole and unprocessed, when not adulterated within the meaning of KRS 250.541(1) which are offered for sale as feed or for mixing in feed. The director by administrative regulation may exempt from this definition, or from specific provision of KRS 250.491 to 250.631 , commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when the commodities, compounds, or substances are not intermixed or mixed with other materials, and are not adulterated within the meaning of KRS 250.541(1);
  5. “Feed ingredient” means each of the constituent materials making up a commercial feed;
  6. “Mineral feed” means a commercial feed intended to supply primarily mineral elements or inorganic nutrients;
  7. “Drug” means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than man and articles other than feed intended to affect the structure or any function of the animal body;
  8. “Customer-formula feed” means commercial feed which consists of:
    1. A mixture of two (2) or more commercial feeds;
    2. A mixture of one (1) or more commercial feeds and one (1) or more feed ingredients; or
    3. A mixture of two (2) or more feed ingredients;

      each batch of which is manufactured according to the specific instructions of the final purchaser;

  9. “Manufacture” means to grind, mix or blend, or further process a commercial feed for distribution;
  10. “Brand name” means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others;
  11. “Product name” means the name of the commercial feed which identifies it as to kind, class, or specific use;
  12. “Label” means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed;
  13. “Labeling” means written, printed, or graphic matter used in promoting the sale of feed;
  14. “Ton” means a net weight of two thousand (2,000) pounds avoirdupois or nine hundred eight (908) kilograms;
  15. “Percent” or “percentages” means percentages by weights;
  16. “Official sample” means a sample of feed taken by the director or his agent in accordance with the provisions of subsections (3), (5), or (6) of KRS 250.581 ;
  17. “Pet food” means any commercial feed prepared and distributed for consumption by pets;
  18. “Offered for sale” means to hold for sale, sell, exchange, or barter commercial feed;
  19. “Pet” means any domesticated animal normally maintained in or near the household of the owner;
  20. “Specialty pet” means any domesticated animal pet normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes, and turtles;
  21. “Specialty pet food” means any commercial feed prepared and distributed for consumption by specialty pets;
  22. “Quantity statement” means the net weight (mass), net volume (liquid or dry), or count;
  23. “Formula feed” means two (2) or more ingredients proportioned, mixed, and processed according to specifications; and
  24. “Federal Food, Drug, and Cosmetic Act” means 21 U.S.C. sec. 301 et seq.

History. Enact. Acts 1972, ch. 24, § 3; 1974, ch. 283, § 1; 1990, ch. 356, § 2, effective July 13, 1990; 1996, ch. 68, § 2, effective July 15, 1996.

250.510. Registration of brands. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 233, § 3) was repealed by Acts 1972, ch. 24, § 17.

250.511. Registration of commercial feed manufacturing facilities.

  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 commercial feed, except a customer-formula feed, which has not been registered pursuant to the provisions of this section. The application for registration shall be submitted in the manner prescribed by the director. Upon approval by the director, the registration shall be issued to the applicant. A registration shall continue in effect unless it is canceled by the registrant or unless it is canceled by the director pursuant to subsection (3) of this section. The director by administrative regulation may exempt the manufacturer or distributor named on the label from the requirement for registration of each feed distributed in the state.
  3. The director may refuse registration of any commercial feed not in compliance with the provisions of KRS 250.491 to 250.631 and may cancel any registration subsequently found not to be in compliance with any provision of KRS 250.491 to 250.631 . No registration shall be refused or canceled unless the registrant shall have been given an opportunity for an informal hearing before the director and to amend the application in order to comply with the requirements of KRS 250.491 to 250.631. Any person aggrieved by a decision made as a result of an informal hearing may appeal, and upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B.

History. Enact. Acts 1972, ch. 24, § 4; 1990, ch. 356, § 3, effective July 13, 1990; 1996, ch. 68, § 3, effective July 15, 1996; 1996, ch. 318, § 169, effective July 15, 1996.

Legislative Research Commission Note.

(7/15/96). This section was amended by 1996 Ky. Acts chs. 68 and 318 which do not appear to be in conflict and have been codified together.

250.520. Information required by KRS 250.510 to be furnished with container or accompany bulk shipments. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 233, § 4) was repealed by Acts 1972, ch. 24, § 17.

250.521. Labeling required — Content of label — Commercial feed — Customer-formula feed.

  1. A commercial feed, except a customer-formula feed, shall be accompanied by a label bearing the following information:
    1. The product name and the brand name, if any, under which the commercial feed is distributed;
    2. The guaranteed analysis stated in terms the director by administrative regulation determines are required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases the substances or elements shall be determinable by laboratory methods such as the methods published by the AOAC International;
    3. The common or usual name of each ingredient used in the manufacture of the commercial feed, unless the director by administrative regulation permits the use of a collective term for a group of ingredients which perform a similar function. The director may exempt such commercial feeds, or any group thereof, from this requirement of an ingredient statement if he finds that the statement is not required in the interest of consumers;
    4. The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed;
    5. Adequate directions for use for all commercial feeds containing drugs and for other feeds as the director may require by administrative regulation as necessary for their safe and effective use;
    6. Warning or caution statements the director by administrative regulation determines are necessary for the safe and effective use of the commercial feed; and
    7. A quantity statement of net content stated in accordance with the Federal Fair Packaging and Labeling Act, 15 U.S.C. sec. 1451 et seq., and stipulated by administrative regulation.
  2. A customer-formula feed shall be accompanied by a label, invoice, delivery slip, or other shipping document, bearing the following information:
    1. Name and address of the manufacturer;
    2. Name and address of the purchaser;
    3. Date of delivery;
    4. The product name and brand name, if any, and the net weight of each registered commercial feed used in the mixture, and the net weight of each other ingredient used;
    5. Adequate directions for use for all customer-formula feeds containing drugs and for other feeds as the director may require by administrative regulation as necessary for their safe and effective use; and
    6. Warning or caution statements the director by administrative regulation determines are necessary for the safe and effective use of the customer-formula feed.

History. Enact. Acts 1972, ch. 24, § 5; 1996, ch. 68, § 4, effective July 15, 1996.

250.530. Inspection fees — Tags and stamps — Permits in lieu of tags or stamps. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 233, § 5) was repealed by Acts 1972, ch. 24, § 17.

250.531. Misbranded commercial feeds.

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 or as containing a commercial feed ingredient, unless the commercial feed or feed ingredient conforms to the official definition prescribed by regulation; or
  5. If any word, statement, or other information required by or under authority of KRS 250.491 to 250.631 to appear on the label or labeling is not prominently placed thereon with sufficient conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

History. Enact. Acts 1972, ch. 24, § 6; 1996, ch. 68, § 5, effective July 15, 1996.

250.540. Adulterated commercial feeds. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 233, § 6) was repealed by Acts 1972, ch. 24, § 17.

250.541. Adulterated commercial feeds.

  1. A commercial feed or a material exempted from the definition of commercial feed under KRS 250.501 shall be deemed to be adulterated:
    1. 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 added substance, the commercial feed shall not be considered adulterated under this subsection if the quantity of the substance in the commercial feed does not ordinarily render it injurious to health; or
    2. If it bears or contains any added poisonous, added deleterious, or added nonnutritive substance which is unsafe within the meaning of Section 406 of the Federal Food, Drug, and Cosmetic Act (other than one which is 1. a pesticide chemical in or on a raw agricultural commodity; or 2. a food additive); or
    3. If it is, or it bears or contains any food additive which is unsafe within the meaning of Section 409 of the Federal Food, Drug, and Cosmetic Act; or
    4. If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of subsection (a) of Section 408 of the Federal Food, Drug, and Cosmetic Act. If a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under Section 408 of the Federal Food, Drug, and Cosmetic Act and the raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of the pesticide chemical remaining in or on the processed feed shall not be deemed unsafe if the residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of the residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity unless the feeding of the processed feed will result or is likely to result in a pesticide residue in the edible product of the animal, which is unsafe within the meaning of subsection (a) of Section 408 of the Federal Food, Drug, and Cosmetic Act; or
    5. If it is, or it bears or contains, any color additive which is unsafe within the meaning of Section 706 of the Federal Food, Drug, and Cosmetic Act; or
    6. If it is, or it bears or contains, any new animal drug which is unsafe within the meaning of Section 512 of the Federal Food, Drug, and Cosmetic Act; or
    7. If it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for feed; or
    8. If it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; or
    9. If it is, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter, which is unsafe within the meaning of Section 402(a)(1) or (2) of the Federal Food, Drug, and Cosmetic Act; or
    10. If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or
    11. If it has been intentionally subject to radiation, unless the use of the radiation was in conformity with the regulation or exemption in effect pursuant to Section 409 of the Federal Food, Drug, and Cosmetic Act.
  2. A commercial feed shall be deemed to be adulterated:
    1. If any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor;
    2. If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling;
    3. If it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice administrative regulations promulgated by the director to assure that the drug meets the requirement of KRS 250.491 to 250.631 as to safety, and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. In promulgating the administrative regulations, the director shall adopt the current good manufacturing practice regulations for type A medicated articles and type B and type C medicated feeds established under authority of the Federal Food, Drug, and Cosmetic Act, unless the director determines that they are not appropriate to the conditions which exist in this state;
    4. If it contains viable weed seeds in amounts exceeding the limits which the director shall establish by administrative regulation; or
    5. If its labeling would deceive or mislead the purchaser with respect to its composition or suitability.

History. Enact. Acts 1972, ch. 24, § 7; 1990, ch. 356, § 4, effective July 13, 1990; 1996, ch. 68, § 6, effective July 15, 1996.

Compiler’s Notes.

Sections 406, 408, 409, 512, and 706 of the Federal Food, Drug, and Cosmetic Act, referred to in subdivisions (1)(b), (c), (d), (e), and (f) of this section, are compiled as 21 USCS §§ 346, 346a, 348, 360b, and 376 respectively.

250.550. Misbranded commercial feeds. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 233, § 7) was repealed by Acts 1972, ch. 24, § 17.

250.551. Prohibited acts.

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 agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls which are adulterated within the meaning of KRS 250.541(1);
  4. The removal or disposal of a commercial feed in violation of an order under KRS 250.591 ;
  5. The failure or refusal to register in accordance with KRS 250.511 ;
  6. The violation of subsection (6) of KRS 250.601 ; and
  7. Failure to pay inspection fees and file reports as required by KRS 250.561 .

History. Enact. Acts 1972, ch. 24, § 8; 1996, ch. 68, § 7, effective July 15, 1995; 1996, ch. 318, § 168, effective July 15, 1996.

Legislative Research Commission Note.

(7/15/96). This section was amended by Ky. Acts chs. 68 and 318 which do not appear to be in conflict and have been codified together.

Research References and Practice Aids

ALR

Products liability: animal feed or medicines, 29 A.L.R.4th 1045.

Products liability: fertilizers, insecticides, pesticides, fungicides, weedkillers, and the like, or articles used in application thereof, 12 A.L.R.4th 462.

250.560. Duties of director concerning inspections, analyses and tests. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 233, § 8) was repealed by Acts 1972, ch. 24, § 17.

250.561. Inspection fee.

  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, guarantor, or distributor may assume liability for the inspection fee, subject to the following:
    1. No fee shall be paid on a commercial feed if the payment has been made by a previous distributor;
    2. No fee shall be paid on customer formula feeds if the inspection fee is paid on the commercial feeds which are used as ingredients and any exempt commodities, such as whole grain, furnished by the final purchaser. An exempt commodity offered for sale by the custom formula feed distributor for the intended use as an ingredient in the manufacture of custom formula feed is subject to the inspection fee. If the fee has already been paid on the commercial feeds, credit shall be given for that payment. No farmer-owned exempt commodity shall be subject to a fee;
    3. No fee shall be paid on commercial feeds which are used as ingredients for the manufacture of commercial feeds which are registered. If the fee has already been paid, credit shall be given for that payment;
    4. In the case of a commercial feed which is distributed in the state to the final purchaser only in a package weight of ten (10) pounds or less, an annual fee of fifty dollars ($50) shall be paid in lieu of the inspection fee specified above;
    5. In the case of distillers’ wet grains and other distillers’ by-products containing more than seventy-five percent (75%) moisture and brewers’ wet grains and whey distributed without further processing to the final purchaser for consumption by the purchaser’s livestock, the inspection fee shall be five cents ($0.05) per ton; and
    6. The minimum inspection fee for a feed registrant or a custom formula feed distributor shall be twenty-five dollars ($25) per quarter.
  2. Each person who is liable for the payment of the fee shall:
    1. File, not later than the last day of January, April, July, and October of each year, a quarterly statement, setting forth the number of net tons of commercial feeds distributed in this state during the preceding calendar quarter; and upon filing the statement shall pay the inspection fee at the rate stated in subsection (1) of this section. Inspection fees which are due and owing and have not been remitted to the department within fifteen (15) days following the due date shall have added a minimum penalty fee of twenty-five dollars ($25) or ten percent (10%) of the amount due, whichever is greater, when payment is made. The assessment of this penalty fee shall not prevent the department from taking other actions as provided in this chapter; and
    2. Keep the records necessary or required by the director to indicate accurately the tonnage of commercial feed distributed in this state, and the director shall have the right to examine the records to verify statements of tonnage.
  3. Failure to make an accurate statement of tonnage or to pay the inspection fee or comply as provided herein shall constitute sufficient cause for the cancellation of all registrations on file for the distributor.
  4. Fees collected shall constitute a fund for the payment of the costs of inspection, sampling, and analysis, and other expenses necessary for the administration of KRS 250.491 to 250.631 .

History. Enact. Acts 1972, ch. 24, § 9; 1990, ch. 356, § 5, effective July 13, 1990; 1992, ch. 346, § 1, effective July 14, 1992; 1996, ch. 68, § 8, effective July 15, 1996.

250.570. Enforcement — Rules and regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 233, § 9) was repealed by Acts 1972, ch. 24, § 17.

250.571. Director to promulgate administrative regulations — Notice.

  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 to 250.631 . In the interest of uniformity the director shall by administrative regulation adopt, unless he determines that they are inconsistent with the provisions of KRS 250.491 to 250.631 or are not appropriate to conditions which exist in this state, the following:
    1. The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization; and
    2. Any regulation promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act ( U.S.C. sec. 301 , et seq.), provided, that the director would have the authority under KRS 250.491 to 250.631 to promulgate the administrative regulations.
  2. Before the issuance, amendment, or repeal of any regulation authorized by KRS 250.491 to 250.631 , the director shall publish the proposed administrative regulation, amendment, or notice to repeal an existing administrative regulation in a manner reasonably calculated to give interested parties, including all current registrants, adequate notice and shall afford all interested persons an opportunity to present their views thereon, orally or in writing, within a reasonable period of time. After consideration of all views presented by interested persons, the director shall take appropriate action to issue the proposed administrative regulation or to amend or repeal an existing administrative regulation. The provisions of this subsection notwithstanding, if the director, pursuant to the authority of KRS 250.491 to 250.631 , adopts the official definitions of feed ingredients and official feed terms of the Association of American Feed Control Officials, or regulations promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act, any amendment or modification adopted by the association or by the Secretary of Health and Human Services in the case of regulations promulgated pursuant to the Federal Food, Drug, and Cosmetic Act shall be adopted automatically under KRS 250.491 to 250.631 without regard to the publication of the notice required by this subsection, unless the director specifically determines that the amendment or modification shall not be adopted.

History. Enact. Acts 1972, ch. 24, § 10; 1996, ch. 68, § 9, effective July 15, 1996.

Research References and Practice Aids

Cross-References.

Administrative regulations, adoption and effective date, KRS 13A.330 .

250.580. Procedure where feed is distributed in violation of law. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 233, § 10) was repealed by Acts 1972, ch. 24, § 17.

250.581. Officers and employees authorized to enter premises and make inspections — 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 employees duly designated by the director, upon presenting appropriate credentials, and a written notice to the owner, operator, or agent in charge, are authorized (a) to enter, during normal business hours, any factory, warehouse, or establishment within the state in which commercial feeds are manufactured, processed, packed, or held for distribution, or to enter any vehicle being used to transport or hold the feeds; and (b) to inspect at reasonable times and within reasonable limits and in a reasonable manner, the factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling therein. The inspection may include the verification of only the records and production and control procedures necessary to determine compliance with good manufacturing practice administrative regulations for Type A medicated articles and Type B and C medicated feeds.
  2. A separate notice shall be given for each inspection, but a notice shall not be required for each entry made during the period covered by the inspection. Each inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be so notified.
  3. If the officer or employee making the inspection of a factory, warehouse, or other establishment has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises he shall give to the owner, operator, or agent in charge a receipt describing the samples obtained.
  4. If the owner of any factory, warehouse, or establishment described in subsection (1) of this section, or his agent, refuses to admit the director or officer to inspect in accordance with subsections (1) and (2) of this section, the director is authorized to obtain from any state court a warrant directing the owner or his agent to submit the premises described in the warrant to inspection.
  5. For the purpose of the enforcement of KRS 250.491 to 250.631 , the director or his duly designated agent is authorized to enter upon any public or private premises including any vehicle of transport during regular business hours to have access to, and to obtain samples, and to examine records relating to distribution of commercial feeds.
  6. Sampling and analysis shall be conducted in accordance with methods published by the AOAC International, or in accordance with other generally recognized methods.
  7. The results of all analyses of official samples shall be forwarded by the director to the person named on the label and to the purchaser. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded and upon request within thirty (30) days following receipt of the analysis the director shall furnish to the registrant a portion of the sample concerned.
  8. The director, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample as defined in subsection (16) of KRS 250.501 and obtained and analyzed as provided for in subsections (3), (5), and (6) of this section.

History. Enact. Acts 1972, ch. 24, § 11; 1996, ch. 68, § 10, effective July 15, 1996.

250.590. Prosecutions for violations not mandatory. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 233, § 11(2)) was repealed by Acts 1972, ch. 24, § 17.

250.591. “Withdrawal from distribution” orders — Condemnation and confiscation.

  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 written or printed “withdrawal from distribution” order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the director or the court. The director shall release the lot of commercial feed so withdrawn when the statutes and administrative regulations have been complied with. If compliance is not obtained within thirty (30) days, the director may begin, or upon request of the distributor or registrant shall begin, proceedings for condemnation.
  2. Any lot of commercial feed not in compliance with statutes and administrative regulations shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the area in which the feed is located. In the event the court finds the commercial feed to be in violation of KRS 250.491 to 250.631 and orders its condemnation, the feed shall be disposed of in any manner consistent with its quality and the laws of the state. However, in no instance shall the disposition of the feed be ordered by the court without first giving the owner an opportunity to apply to the court for release of the feed or for permission to process or relabel the feed to bring it into compliance with KRS 250.491 to 250.631 .

History. Enact. Acts 1972, ch. 24, § 12; 1996, ch. 68, § 11, effective July 15, 1996.

250.600. Prosecutions by county attorney. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 233, § 11(3)) was repealed by Acts 1972, ch. 24, § 17.

250.601. Violations of KRS 250.491 to 250.631 — Hearings — Prosecution by county 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 and place for an informal hearing under administrative regulations promulgated by the director. If, after the informal hearing or without the hearing if the person fails to appear, the director determines that a violation has occurred, he may issue a letter of reprimand, levy a fine for chronic violators, or impose any other penalty or sanction authorized under KRS 250.491 to 250.631 , or under KRS 250.990 . Any penalty or sanction imposed may be appealed, and upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B.
  2. Nothing in KRS 250.491 to 250.631 shall be construed as requiring the director or his representative to impose a more extreme penalty or sanction as a result of minor violations of KRS 250.491 to 250.631 when he believes the public interest will best be served by the issuance of a letter of reprimand.
  3. If, after completing the hearing procedure contained in subsection (1) of this section, the director has probable cause to believe that a criminal offense has occurred, he shall report it to the county attorney of the county in which the alleged offense occurred. It shall be the duty of each county attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
  4. The director may petition a court of competent jurisdiction to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of KRS 250.491 to 250.631 or any administrative regulation promulgated under KRS 250.491 to 250.631 , notwithstanding the existence of other remedies at law. An injunction shall be issued without bond.
  5. Any person adversely affected by a final order made in accordance with subsection (1) of this section may bring action in Fayette Circuit Court for judicial review of the final order in accordance with KRS Chapter 13B.
  6. It shall be unlawful for any person to use to his own advantage, or reveal to other than the director, or officers of the Kentucky Agricultural Experiment Station, or to the courts when relevant in any judicial proceedings, any information acquired under the authority of KRS 250.491 to 250.631 , concerning any method, records, formulations, or processes which as a trade secret is entitled to protection. This prohibition shall not be deemed as prohibiting the director, or his duly authorized agent, from exchanging information of a regulatory nature with duly appointed officials of the United States government, or of other states, who are similarly prohibited by law from revealing this information.

History. Enact. Acts 1972, ch. 24, § 13; 1996, ch. 68, § 12, effective July 15, 1996; 1996, ch. 318, § 170, effective July 15, 1996; 2000, ch. 502, § 1, effective July 14, 2000.

250.610. Injunctions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 233, § 11(4)) was repealed by Acts 1972, ch. 24, § 17.

250.611. Cooperation with other governmental agencies.

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 .

History. Enact. Acts 1972, ch. 24, § 14; 1996, ch. 68, § 13, effective July 15, 1996.

250.620. Director to publish information concerning commercial feeds. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 233, § 12) was repealed by Acts 1972, ch. 24, § 17.

250.621. Director to publish annual reports.

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 with the analyses guaranteed on the label. Information concerning production and use of commercial feed shall not disclose the operations of any person.

History. Enact. Acts 1972, ch. 24, § 15; 1996, ch. 68, § 14, effective July 15, 1996.

250.631. Short title.

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

History. Enact. Acts 1972, ch. 24, § 1.

Agricultural Limestone

250.650. Definitions for KRS 250.650 to 250.720.

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 or any combination thereof who owns a business for the purpose of manufacturing, processing, quarrying, mining or dredging of agricultural limestone which may be exposed or offered for sale in the Commonwealth of Kentucky;
  4. “Agricultural limestone” means limestone that is used for the purpose of neutralizing the acidity of soil and thereby improving its fertility.

History. Enact. Acts 1960, ch. 160, § 1, effective June 16, 1960.

Opinions of Attorney General.

A product sold as “liquid lime” and advertised as reducing the acidity in soil comes within the definition in subsection (4) of this section. OAG 76-39 .

250.660. Limestone business owner required to register — Fees — Process agent for 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 owner shall engage in any business in Kentucky. Every owner shall register annually thereafter with the department and shall pay an annual fee of ten dollars ($10.00) for each place of business maintained in Kentucky during the year. The registration and annual fee shall also be paid by any owner maintaining a place of business outside Kentucky but engaging in business within Kentucky. Every nonresident owner shall designate a resident agent upon whom service of notice or process may be made to enforce the provisions of KRS 250.650 to 250.720 or any liabilities arising from violations of KRS 250.650 to 250.720 .

History. Enact. Acts 1960, ch. 160, § 2, effective June 16, 1960.

250.670. Power to promulgate regulations and standards.

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 by chemical analysis, and in conformity to acceptable United States Department of Agriculture standards;
  2. Size of particles of limestone as measured by wire mesh screen determination, and in conformity to acceptable United States Department of Agriculture standards;
  3. Furnishing of reports and information necessary for the department to carry out the provisions of KRS 250.650 to 250.720 .

History. Enact. Acts 1960, ch. 160, § 3, effective June 16, 1960.

Research References and Practice Aids

Cross-References.

Administrative regulations, KRS ch. 13A.

250.680. Personnel.

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

History. Enact. Acts 1960, ch. 160, § 4, effective June 16, 1960.

250.690. Inspection powers.

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.

History. Enact. Acts 1960, ch. 160, § 5, effective June 16, 1960.

250.700. Grounds for revocation of registration.

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 to the standards prescribed by the Commissioner or as set forth in KRS 250.650 to 250.720 by an owner or any regular employee, solicitor, agent, or representative of the owner.
  2. Failure by the owner to pay any final judgment rendered against any owner or regular employee, solicitor, agent, or representative of the owner by reason of violations of any provisions of KRS 250.650 to 250.720 .

History. Enact. Acts 1960, ch. 160, § 6; 1968, ch. 152, § 131.

250.710. Notice and hearing after refusal to grant or revocation of registration — 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 after the notification within which to petition the Commissioner for a hearing to be conducted in accordance with KRS Chapter 13B. If the applicant or owner is aggrieved by the final order, the applicant or owner may appeal the final order to the Franklin Circuit Court in accordance with KRS Chapter 13B. If the owner takes an appeal within the time herein provided, the revocation by the Commissioner shall not become final until finally adjudicated; however, the Commissioner may require the posting of a reasonable and appropriate bond pending final adjudication.

History. Enact. Acts 1960, ch. 160, § 7; 1968, ch. 152, § 132; 1974, ch. 315, § 34; 1980, ch. 114, § 54, effective July 15, 1980; 1996, ch. 318, § 171, effective July 15, 1996.

250.720. Disposition of fees and fines.

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 .

History. Enact. Acts 1960, ch. 160, § 8; 1968, ch. 152, § 133.

Tobacco Plants

250.750. Definitions for KRS 250.750 to 250.790. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1994, ch. 333, § 1, effective April 8, 1994) was repealed by Acts 1996, ch. 267, § 1, effective April 4, 1996.

250.755. Scope of KRS 250.750 to 250.790. [Repealed.]

Compiler’s Notes.

This section (Enact Acts 1994, ch. 333, § 2, effective April 8, 1994) was repealed by Acts 1996, ch 267, § 1, effective April 4, 1996.

250.760. Initial seed source — Labeling requirements. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1994, ch. 333, § 3, effective April 8, 1996) was repealed by Acts 1996, ch. 267, § 1, effective April 4, 1996.

250.765. Permits — Registration and inspection fees — Registration as a dealer. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1994, ch. 333, § 4, effective April 8, 1994) was repealed by Acts 1996, ch. 267, § 1, effective April 4, 1996.

250.770. Recordkeeping requirements. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1994, ch. 333, § 5, effective April 8, 1994) was repealed by Acts 1996, ch. 267, § 1, effective April 4, 1996.

250.775. Unlawful acts. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1994, ch. 333, § 6, effective April 8, 1994) was repealed by Acts 1996, ch. 267, § 1, effective April 4, 1996.

250.780. Director’s duties and authority for enforcement — Authority to promulgate administrative regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1994, ch. 333, § 7, effective April 8, 1994) was repealed by Acts 1996, ch. 267 § 1, effective April 4, 1996.

250.785. Proceedings against violators of KRS 250.750 to 250.790. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1994, ch. 333, § 8, effective April 8, 1994) was repealed by Acts 1996, ch. 267, § 1, effective April 4, 1996.

Legislative Research Commission Note.

Under KRS 446.260 , the repeal of this section in 1996 Ky. Acts, ch. 267 prevails over its amendment in 1996 Ky. Acts, ch. 318.

250.790. Penalty for violations of KRS 250.750 to 250.790. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1994, ch. 333, § 9, effective April 8, 1994) was repealed by Acts 1996, ch. 267, § 1, effective April 4, 1996.

Penalties

250.990. Penalties.

  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 attempt to prevent, the director or his duly authorized agent in the performance of his duty in connection with this chapter, shall be guilty of a Class A misdemeanor.
  3. Any person who violates subsection (6) of KRS 250.601 shall be guilty of a Class B misdemeanor.
  4. Except as provided by subsection (3) of this section, any person who violates any of the provisions of KRS 250.491 to 250.631 may be fined up to one thousand dollars ($1,000) for the third and subsequent violations made within a twenty-four (24) month period.

History. 42h-6, 1376b-24, 1719a-9, 1719a-10, 1822-4, 1822-9: amend. Acts 1954, ch. 233, § 11(1); 1972, ch. 24, § 16; 1984, ch. 191, § 20, effective July 13, 1984; 1990, ch. 356, § 6, effective July 13, 1990; 1992, ch. 200, § 6, effective July 14, 1992; 1994, ch. 370, § 14, effective April 8, 1994; 1996, ch. 318, § 173, effective July 15, 1996; 2000, ch. 502, § 2, effective July 14, 2000; 2003, ch. 163, § 2, effective June 24, 2003.

250.991. Penalties for violation of anhydrous ammonia provisions.

  1. Except as provided in KRS 250.489 or 250.489 2, 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 violation of KRS 250.489 is guilty of a Class D felony unless it is proven that the person violated KRS 250.489 with the intent to manufacture methamphetamine in violation of KRS 218A.1432 , in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense.
  3. A violation of KRS 250.4892 is a Class D felony unless it is proven that the person violated KRS 250.4892 with the intent to manufacture methamphetamine in violation of KRS 218A.1432 , in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense.

History. Enact. Acts 1958, ch. 62, § 5, effective June 19, 1958; 2000, ch. 233, § 7, effective July 14, 2000.

Compiler’s Notes.

KRS 250.488 , referred to in subsection (1), was repealed by Acts 2000, ch. 233, § 10, effective July 14, 2000.

NOTES TO DECISIONS

1.Enhanced Penalty for Subsequent Offense.

KRS 250.991(2) refers to an enhanced penalty for a “subsequent offense” without defining it. In that circumstance, the Supreme Court of Kentucky has always interpreted such language to require a conviction-to-offense sequence, i.e., the second offense must occur after conviction of the first offense. The rationale behind this interpretation is that after punishment is imposed for the commission of a crime, the double penalty is held in terrorem over the criminal, for the purpose of effecting his reformation, and preventing further and subsequent offenses by him; the Supreme Court of Kentucky adopts this interpretation for subsequent offenses prosecuted under KRS 250.991(2). Fulcher v. Commonwealth, 149 S.W.3d 363, 2004 Ky. LEXIS 274 ( Ky. 2004 ), overruled in part, Ballinger v. Commonwealth, 459 S.W.3d 349, 2015 Ky. LEXIS 1611 ( Ky. 2015 ).

2.Sufficiency of Evidence.

Less culpable of two (2) codefendants had convictions vacated because of insufficient evidence of manufacturing methamphetamine under KRS 218A.1432 , which was firearm enhanced under KRS 218A.992 , possession of anhydrous ammonia in an unapproved container with intent to manufacture methamphetamine under KRS 250.489(1), 250.991(2), and receiving stolen property valued at $300 or more, KRS 514.110(1), (3). That defendant, however, was to be retried for possession of drug paraphernalia, subsequent offense, under KRS 218A.500(2), (5). Hayes v. Commonwealth, 175 S.W.3d 574, 2005 Ky. LEXIS 332 ( Ky. 2005 ).

Cited:

Pate v. Commonwealth, 134 S.W.3d 593, 2004 Ky. LEXIS 115 ( Ky. 2004 ).

Commonwealth v. Beard, 275 S.W.3d 205, 2008 Ky. App. LEXIS 91 (Ky. Ct. App. 2008).

Research References and Practice Aids

Cross-References.

Designation of offenses; penalties, see KRS 532.020 .

Sentence of imprisonment for felony, see KRS 532.060 .

250.992. Penalties for agricultural limestone violations.

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) nor more than three hundred dollars ($300) or by imprisonment in jail for ninety (90) days, or both.

History. Enact. Acts 1960, ch. 160, § 9, effective June 16, 1960.

Opinions of Attorney General.

Anyone selling a product labeled as liquid lime which is advertised as reducing the acidity of soil is subject to the penalties for the violations contemplated by this section. OAG 76-39 .

CHAPTER 251 Grain Warehouses

251.010. Definitions for chapter.

As used in this chapter, unless the context requires otherwise:

  1. “Board” means the State Board of Agriculture;
  2. “Claimant” means a person who:
    1. Possesses scale tickets, settlement sheets, ledger cards, or other written evidence of ownership of fund-covered grain stored or possessed by a licensee;
    2. Possesses warehouse receipts relating to fund-covered grain owned, stored, or possessed by a licensee; or
    3. Possesses written evidence of a sale of fund-covered grain to a licensee but did not receive full payment for the grain sold;
  3. “Cooperative agreement” means an agreement made by the board with a state or federal agency for the purpose of carrying out the provisions of this chapter;
  4. “Department” means the Kentucky Department of Agriculture;
  5. “Depositor” means any person who deposits grain in a grain warehouse for storage, handling, shipment, or is the owner or legal holder of an outstanding warehouse receipt, or who is lawfully entitled to possession of the grain;
  6. “Facility” means a single location with one (1) or more structures used for the storage or handling of grain;
  7. “Failure” means the occurrence of one (1) or more of the following events:
    1. A licensee’s inability to pay for storage obligations in accordance with requirements set forth in statute, administrative regulation, or contract;
    2. A public declaration of insolvency;
    3. A revocation of a grain dealer license or grain warehouse operator license and an outstanding obligation or indebtedness by the licensee;
    4. A failure to pay a producer in the ordinary course of business and a bona fide dispute does not exist between the licensee and the producer;
    5. A failure to deliver a grain to a depositor in the ordinary course of business and a bona fide dispute does not exist between the licensee and the depositor;
    6. A failure to make timely application for license renewal; or
    7. A denial of license renewal application;
  8. “Forward pricing contract” means an agreement for sale which provides that:
    1. Title passes at the time of delivery; and
    2. The price will be determined at a later date;
  9. “Fund” means the Kentucky grain insurance fund established by KRS 251.640 ;
  10. “Fund-covered grain” means grain as used in KRS 251.385 ;
  11. “Grain” means corn, wheat, soybeans, rye, barley, oats, grain sorghums, or popcorn;
  12. “Grain dealer” means any person engaged in the business of buying grain from producers for resale, milling, or processing. A producer of grain buying grain for the producer’s own use as seed or feed shall not be considered to be engaging in the business of buying grain for resale, milling, or processing;
  13. “Grain warehouse operator” means a person who owns, controls, operates, or manages any public grain warehouse in which grain is stored for compensation;
  14. “Gross value” means the value of grain after deductions for quality discounts, including but not limited to discounts for excessive moisture or foreign matter, but before deductions for storage or marketing charges;
  15. “Person” means any individual, partnership, firm, corporation, limited liability company, or other corporate entity created under the laws of the Commonwealth or any other jurisdiction;
  16. “Producer” means the owner, tenant, or operator of land who has an economic or financial interest in grain or receives all or any part of the proceeds from the sale of grain;
  17. “Seed” means grain that is set aside to be used for the purpose of producing new plants;
  18. “Warehouse” means any building, structure, or other protected enclosure, permanent or temporary, used or useable for the storage or conditioning of grain. Buildings used in connection with or operation of the grain warehouse shall be deemed part of the warehouse; and
  19. “Warehouse receipt” means a document of title issued by a person engaged in the business of storing grains for compensation.

History. 30c-2; repealed and reenacted by 2019 ch. 88, § 3, effective August 1, 2019.

251.015. Division of Regulation and Inspection. [Repealed]

History. Enact. Acts 1990, ch. 393, § 8, effective July 13, 1990; 2002, ch. 49, § 6, effective July 15, 2002; 2004, ch. 88, § 7, effective July 13, 2004; repealed by 2019 ch. 88, § 27, effective August 1, 2019.

251.020. Powers and functions of state board — Administrative regulations — 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 powers incidental or necessary to same, in carrying out the duties set forth in KRS 251.340 , in addition to the powers enumerated elsewhere within this chapter and in other chapters to:

  1. Promulgate administrative regulations, in conjunction with the department, necessary for the proper administration and enforcement of the provisions of this chapter, and for the accomplishment of the purposes intended by this chapter;
  2. Enter into cooperative agreements with state agencies, federal agencies, universities, and other entities;
  3. Make application to the Franklin Circuit Court, or a Circuit Court in the county where the licensed grain facility is located, for an order enjoining actions on the part of any person that would constitute a violation of any section of this chapter or any administrative regulation promulgated under the authority of this chapter;
  4. Bring or defend civil actions that relate to the provisions of this chapter, the department’s actions, or the board’s actions under the authority of this chapter. Legal expenses incurred shall be approved for payment by the board; and
  5. Take disciplinary action against any current or former licensee.

History. 30c-3; 2019 ch. 88, § 18, effective August 1, 2019.

Research References and Practice Aids

Cross-References.

Administrative regulations, adoption date and effective date, KRS 13A.330 .

State Board of Agriculture, KRS 246.120 to 246.180 .

251.030. Compensation of state board. [Repealed.]

Compiler’s Notes.

This section (30c-4) was repealed by Acts 1982, ch. 15, § 1, effective July 15, 1982.

251.040. Local boards — Purpose. [Repealed.]

Compiler’s Notes.

This section (30c-6) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.050. Local boards — Appointment — Qualifications. [Repealed.]

Compiler’s Notes.

This section (30c-6, 30c-7, 30c-10, 30c-11) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.060. Term of members — Filling of vacancies. [Repealed.]

Compiler’s Notes.

This section (30c-12) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.070. Compensation of local board. [Repealed.]

Compiler’s Notes.

This section (30c-16) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.080. Officers of local board. [Repealed.]

Compiler’s Notes.

This section (30c-13) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.090. Bond of secretary-treasurer. [Repealed.]

Compiler’s Notes.

This section (30c-14) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.100. License, name and number of local board. [Repealed.]

Compiler’s Notes.

This section (30c-8, 30c-9) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.110. Refund to owners by local board. [Repealed.]

Compiler’s Notes.

This section (30c-17) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.120. Sealers — Appointment and powers. [Repealed.]

Compiler’s Notes.

This section (30c-18) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.130. Bond and oath of sealer. [Repealed.]

Compiler’s Notes.

This section (30c-19) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.140. Compensation of sealer. [Repealed.]

Compiler’s Notes.

This section (30c-15, 30c-22) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.150. Functions of sealer. [Repealed.]

Compiler’s Notes.

This section (30c-20) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.160. Application for storage — Consent to inspection. [Repealed.]

Compiler’s Notes.

This section (30c-21, 30c-43) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.170. Sealing fees — Payment of expenses. [Repealed.]

Compiler’s Notes.

This section (30c-15) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.180. Fastenings — Tampering with prohibited. [Repealed.]

Compiler’s Notes.

This section (30c-23, 30c-24) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.190. Sealer to deliver receipts — Receipts subject to Uniform Commercial Code. [Repealed.]

Compiler’s Notes.

This section (30c-27, 30c-29: amend. Acts 1960, ch. 250, § 1) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.200. Form of warehouse receipts. [Repealed.]

Compiler’s Notes.

This section (30c-28) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.210. Sealer to issue certificates of reinspection — Ascertain outstanding receipts and make periodic inspections. [Repealed.]

Compiler’s Notes.

This section (30c-20) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.220. Issuance of fraudulent receipt prohibited. [Repealed.]

Compiler’s Notes.

This section (30c-31) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.230. Sealer to file duplicate receipts with board. [Repealed.]

Compiler’s Notes.

This section (30c-33) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.240. Issuance of duplicate warehouse receipt. [Repealed.]

Compiler’s Notes.

This section (30c-32) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.250. Duplicate to be recorded before negotiation. [Repealed.]

Compiler’s Notes.

This section (30c-37) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.260. County clerk to index duplicate — Recording is notice. [Repealed.]

Compiler’s Notes.

This section (30c-38) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.270. Assignment of recorded receipt — Clerk’s fee. [Repealed.]

Compiler’s Notes.

This section (30c-39) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.280. Cancellation of warehouse receipt. [Repealed.]

Compiler’s Notes.

This section (30c-40) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.290. Delivery of grain when receipt outstanding prohibited. [Repealed.]

Compiler’s Notes.

This section (30c-25) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.300. Owner not to sell or encumber grain, after receipt issued. [Repealed.]

Compiler’s Notes.

This section (30c-26) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.310. Appeal to state board — Hearing. [Repealed.]

Compiler’s Notes.

This section (30c-44, 30c-45: amend. Acts 1996, ch. 318, § 174, effective July 15, 1996) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.320. Orders of state board — Suspension of license of local board. [Repealed.]

Compiler’s Notes.

This section (30c-46: amend. Acts 1996, ch. 318, § 175, effective July 15, 1996) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

251.330. Costs of hearing. [Repealed.]

Compiler’s Notes.

This section (30c-47) was repealed by Acts 2002, ch. 240, § 1, effective July 15, 2002.

Grain Dealer and Grain Warehouse Operator Licenses

251.340. Purpose of chapter.

  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:
    1. Establishing a system of licensure for persons engaging in the business of grain dealing;
    2. Establishing a system of licensure for persons engaging in the business of grain warehouse operating; and
    3. Establishing a grain insurance fund of which the purpose is to:
      1. Protect producers of fund-covered grains against risk of loss in the event of a licensed grain dealer’s or grain warehouse operator’s financial failure; and
      2. Compensate eligible claimants of fund-covered grains for losses due to the failure of a licensed grain dealer or grain warehouse operator.
  2. The board, in conjunction with the department, shall be responsible for adopting and overseeing the policies, procedures, and programs to effectuate the purposes identified in this section.

HISTORY: 2019 ch. 88, § 4, effective August 1, 2019.

251.345. Licensee to issue scale ticket upon receipt of grain — Documents issued for 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 documents that were issued for received grain.

HISTORY: 2019 ch. 88, § 5, effective August 1, 2019.

251.350. Scale ticket issued by licensed grain dealer or licensed grain warehouse 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:
    1. A statement indicating whether the delivery was inbound or outbound;
    2. The name of the depositor for inbound delivery or consignee for outbound delivery;
    3. The date of delivery;
    4. The name and street address of the location where the grain was delivered;
    5. The quantity of the grain that was delivered, in bushels or pounds;
    6. The kind and grade of grain delivered, unless its identity is preserved by placing it in a special bin or a special pile which has a unique or identifying mark that appears on the receipt;
    7. A statement whether the grain is being sold at a specified price or being delivered pursuant to a forward pricing contract whose terms were pre-approved by a representative of the department; and
    8. The scale ticket’s serial number.
  2. Grain received by a licensee shall be weighed on department-approved scales.

HISTORY: 2019 ch. 88, § 6, effective August 1, 2019.

251.355. Grain dealer license and grain warehouse operator license — Department’s authority to issue and administer licenses — Administrative regulations — Fees — Suspension or revocation of licenses.

  1. No person shall be or act as a grain dealer in the Commonwealth without holding a valid grain dealer license issued by the department.
  2. No person shall engage in the business of buying grain from producers for resale, milling, or processing in the Commonwealth without holding a valid grain dealer license issued by the department; provided, however, that no license shall be required in order to buy grain from sellers who are not producers of grain.
  3. No person shall be or act as a grain warehouse operator in the Commonwealth without holding a valid grain warehouse operator license issued by the department.
  4. No person shall own, control, operate, or manage any public warehouse in which grain is stored for compensation in the Commonwealth without holding a valid grain warehouse operator license issued by the department.
  5. Any person who possesses unpaid-grain for more than thirty (30) days shall be deemed to be acting as a grain warehouse operator and shall be subject to the licensing and financial requirements for grain warehouse operators under the provisions of this chapter.
  6. Licenses issued by the department shall be valid for a period of time not to exceed one (1) year and shall expire on June 30 each year.
  7. A separate license shall be required for each facility in the Commonwealth.
  8. The board, in conjunction with the department, shall promulgate administrative regulations setting forth a schedule of fees for licensed grain warehouse operators. Any changes to the schedule of fees shall be approved by a majority vote of the board. The schedule of fees shall be reviewed by the board at least one (1) time every four (4) years. The annual increase in board-approved license fees shall be limited to five percent (5%) and shall not exceed twenty percent (20%) over any four (4) year period.
  9. The board, in conjunction with the department, shall promulgate administrative regulations setting forth a schedule of fees for licensed grain dealers. Any changes to the schedule of fees shall be approved by a majority vote of the board. The schedule of fees shall be reviewed by the board at least one (1) time every four (4) years. The annual increase in board-approved license fees shall be limited to five percent (5%) and shall not exceed twenty percent (20%) over any four (4) year period.
  10. The department shall have the authority to suspend or revoke a license if the board or department determines the licensee has violated a provision of this chapter or any administrative regulation promulgated under this chapter.

HISTORY: 2019 ch. 88, § 7, effective August 1, 2019.

251.360. Grain dealer or grain warehouse operator license fees — Use of fees — 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:
    1. The salary and benefits for employees in the department’s Division of Regulation and Inspection; and
    2. The vehicles, mileage, training, legal fees, accounting fees, and other expenses incurred by the department or the board in connection with the provisions authorized by this chapter.
  2. Receipts collected from grain dealer or grain warehouse operator licensing fees shall not be deposited in, or used to pay expenses incurred in connection with, the administration of the Kentucky grain insurance fund.

HISTORY: 2019 ch. 88, § 8, effective August 1, 2019.

251.365. Evidence of financial responsibility to be filed by applicant or licensee — 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 responsibility shall:
    1. Consist of:
      1. A surety bond, executed by the applicant as principal, and issued by a corporate surety authorized to conduct business in this state;
      2. A certificate of deposit issued by a federally insured financial institution in this state;
      3. An irrevocable letter of credit issued by a federally insured financial institution in this state;
      4. Other security, as deemed acceptable by the department; or
      5. Any combination of subparagraphs 1. to 4. of this paragraph, so long as the aggregate value of the evidence meets the requirements of this section;
    2. Be made payable to the board;
    3. Be in an amount meeting the requirements of this section;
    4. In the case of a bond, be conditioned upon the faithful performance of:
      1. All obligations of a licensee under the terms of this chapter and any administrative regulations promulgated under it, from the effective date of the bond until the license is revoked, denied, or suspended or the bond is canceled, whichever comes first; and
      2. Any obligations the applicant or licensee may contract for with producers, depositors, or other persons placing grains in the applicant’s or licensee’s facilities, from the effective date of the bond and thereafter, regardless of whether or not the applicant’s or licensee’s facility remains the subject of a valid license;
    5. Be filed with and remain in possession of the department until it is released, canceled, or discharged as provided for by the terms of this chapter and any administrative regulations promulgated under it;
    6. Be kept in force at all times while the licensee is operating as a grain warehouse operator or grain dealer. Failure to keep the bond or other security in force shall be cause for revocation of the license, and shall subject the licensee to criminal penalties set forth in KRS 251.990 ; and
    7. Contain a provision stating that it may not be canceled by any party, except upon ninety (90) days’ notice in writing to the department. A notice of cancellation shall not affect any liability accrued before the expiration of the notice period.
  3. Separate proof of financial responsibility shall be required for each facility that is licensed by the department.
  4. For any security used as evidence under subsection (2) of this section that bears interest, the interest shall be made payable to the purchaser of the security.
  5. No person may release, cancel, or discharge security filed with the department under subsection (1) of this section without prior approval of the department and its approval of a substitute bond or other security.
  6. If the department questions a licensee’s ability to pay producers and depositors for grain, or if the department determines that the licensee does not have a sufficient net worth to meet the licensee’s financial obligations, the department shall require the licensee to file additional security with the department in an amount equal to the insufficiency. Failure to post the additional security shall constitute grounds for suspension or revocation of a license.
  7. The amount of the security required by subsection (1) of this section shall be in a principal amount, to the nearest one thousand dollars ($1,000), that is equal to ten percent (10%) of:
    1. For a licensed grain dealer, the aggregate dollar amount:
      1. That was paid by the dealer for grain purchased in the dealer’s most recently completed fiscal year; or
      2. That the department estimates will be paid by the grain dealer for grain purchased in the grain dealer’s current fiscal year, if records for the grain dealer’s most recently completed fiscal year do not exist or are not available; and
    2. For a licensed grain warehouse operator, the aggregate dollar value of:
      1. The grain deposited in the grain warehouse operator’s most recently completed fiscal year; or
      2. The grain the department estimates will be deposited in the operator’s warehouse during the current fiscal year, if records for the warehouse operator’s most recently completed fiscal year do not exist or are not available.
  8. In no event shall the required security for a licensee be less than twenty-five thousand dollars ($25,000) nor more than one million dollars ($1,000,000).

HISTORY: 2019 ch. 88, § 9, effective August 1, 2019.

251.370. Licensees using paper documents or electronic documents — Business 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:
    1. Documents shall be pre-numbered sequentially; and
    2. Settlement sheet information shall be cross-referenced with scale tickets.
  2. A licensee using electronic scale tickets, settlement sheets, purchase contracts, or other documents shall conform to the formats and procedures required by the department.
  3. A licensee shall provide, and make available to the department or the board, a complete and accurate set of business records, including:
    1. Records of all transactions, including records and accounts of all grains received and withdrawn or delivered;
    2. Records, filed in numerical order, of all scale tickets, warehouse receipts, and settlement sheets that have been issued, voiced, or lost; and
    3. Copies of contracts for the sale or storage of grain.
  4. A licensee shall retain its business records for a minimum of four (4) years.
  5. A licensed grain warehouse operator shall retain copies, either digitally or on paper, of warehouse receipts or other documents evidencing ownership of any grain, or any liability of the grain warehouse operator, so long as such documents evidence a valid ownership interest or debt. A licensee shall retain copies of such documents for a period of not less than four (4) years from the date when the ownership interest or debt was extinguished.
  6. A licensee’s accounting functions shall be performed in conformity with generally accepted accounting principles.
  7. A licensee’s business records shall accurately identify any liens or encumbrances on grain that is held or owned by the licensee.
  8. Upon request by the board, a licensee or applicant for a license shall provide to the department either:
    1. A review engagement report issued by an independent certified public accountant stating whether, based on the review, he or she is aware of any material modifications that should be made to the financial statements in order for them to be in accordance with the applicable reporting framework; or
    2. An audit and written report issued by an independent certified public accountant expressing an opinion whether the financial statements are presented fairly, in all material aspects, in accordance with the applicable financial reporting framework.
  9. The board, in conjunction with the department, shall have authority to promulgate administrative regulations setting forth additional recordkeeping requirements for licensees.

HISTORY: 2019 ch. 88, § 10, effective August 1, 2019; 2020 ch. 114, § 1, effective July 15, 2020.

251.375. Forward pricing contracts — Requirements governing — Administrative 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 document the licensee’s obligations.
  2. A licensee that has entered into a forward pricing contract shall make a copy available for inspection by the department or the board upon request.
  3. Forward pricing contracts shall be in writing.
  4. The board, in conjunction with the department, shall promulgate administrative regulations setting forth the minimum information that shall be included in any forward pricing contract entered into by a licensee.
  5. By the tenth day of each month, any licensee that has entered into a forward pricing contract shall submit to the department a report accurately reflecting its position on the last day of the previous month.
  6. A licensee which has entered into one (1) or more forward pricing contracts shall maintain at least eighty percent (80%) of the value of the licensee’s unpaid obligations for all grain purchased under forward pricing contracts, using one (1) or more of the following:
    1. Grain maintained in storage in the licensee’s warehouse or other storage facilities;
    2. Rights to grain as evidenced by a warehouse receipt or scale ticket for storage of the grain under an agreement with another warehouse approved by a representative of the department; or
    3. Proceeds from the sale of grain as evidenced by one (1) or more of the following:
      1. Funds held in a separate account, designated for the benefit of unpaid sellers of grain that was delivered under forward pricing contracts, in a state or federally licensed financial institution or a lending agency of the Farm Credit Administration;
      2. Short-term investments held in time accounts, designated for the benefit of unpaid sellers of grain that was delivered under forward pricing contracts, in a state or federally licensed financial institution or a lending agency of the Farm Credit Administration; or
      3. Other evidence of unencumbered security or assets acceptable to the department, including but not limited to an irrevocable letter of credit or surety bond.
  7. If the department or the board determines that a licensee does not have sufficient net worth to satisfy the indebtedness, the department shall prohibit the transfer or disbursement of any grain, property, or assets except for the satisfaction of unpaid obligations for grain that was delivered under forward pricing contracts. Disbursements of payments to sellers shall be made on a pro rata basis of the value of the remaining grain.

HISTORY: 2019 ch. 88, § 11, effective August 1, 2019.

251.380. Periodic inspections of licensed grain warehouses and licensed grain 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:
    1. A determination whether the grain in storage is properly accounted for;
    2. An assessment of the storage facilities for fitness; and
    3. An assessment of the condition of the grain in storage.
  2. The department shall permit a licensee to store grain at another facility that is licensed and located in the Commonwealth of Kentucky, if the requirements for a surety bond or other evidence of financial responsibility set forth in KRS 251.365 are satisfied.
  3. A licensee that is short of grain may cover the shortage by:
    1. Acquiring additional bond on one hundred percent (100%) of the value of the grain; or
    2. Depositing the shortage value of the grain into a special account that is payable jointly to the licensee and the department.
  4. The department may allow a licensee that is short of grain to substitute one (1) type of grain for another type of grain on a dollar-for-dollar basis.
  5. The department shall inspect each licensed grain dealer at least one (1) time each year. The department’s inspection shall include:
    1. An inspection of the licensee’s scale tickets, settlements, and canceled checks; and
    2. Verification that payments are made by the dealer within thirty (30) days of the completion of delivery.
  6. A licensee that is short of grain shall correct any deficiencies identified by the department within the deadline mandated by the department.

HISTORY: 2019 ch. 88, § 12, effective August 1, 2019.

251.385. Fund-covered grains, defined — Approval of fund-covered grain status by board required.

  1. The following grains shall be fund-covered grains:
    1. Corn, wheat, soybeans, grain sorghums, rye, barley, oats, or popcorn; and
    2. Other grains that may be approved for “fund-covered grain status” by a majority vote of the board.
  2. The board shall not approve for “fund-covered grain status” any grain that is not publicly traded on at least one (1) exchange in the United States or Canada.

HISTORY: 2019 ch. 88, § 13, effective August 1, 2019.

251.390. Kentucky grain insurance fund — Eligibility for coverage — Notice of 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 to whether the claimant resides in Kentucky or another state.
  2. Any person who submits to the department, not later than January 31, a written notice of intent not to be covered by the fund, shall:
    1. Be entitled to receive from the board a refund of any assessments collected from that person pursuant to KRS 251.640 during the course of that calendar year; and
    2. Remain ineligible for coverage and compensation by the fund for any grain that may be delivered by or on behalf of that person to any licensee during the course of that calendar year.
  3. By submitting a timely written notice of intent not to be covered by the fund as provided under subsection (2) of this section, a person foregoes any protection or eligibility for compensation from the fund for grain that may be delivered during the course of that calendar year. The written notice shall:
    1. Be effective with respect to eligibility for coverage only to the fund-covered grain delivered in that calendar year; and
    2. Not have any effect with respect to eligibility for coverage for fund-covered grain delivered in previous calendar years or in subsequent calendar years.
  4. Any person who does not submit to the department, on or before January 31, a written notification of intent not to be covered by the fund shall:
    1. Not be entitled to receive a refund of any assessments that may be collected from that person pursuant to KRS 251.640 during the course of that calendar year; and
    2. Remain eligible for coverage by the fund for any fund-covered grain delivered by or on behalf of that person to any licensee during the course of that calendar year.
  5. Any person who submits a written notice of intent not to be covered by the fund shall be deemed also to have given notice of intent not to be covered to the extent of his, her, or its ownership interest in any other entities in which he, she, or it holds such an interest.

HISTORY: 2019 ch. 88, § 14, effective August 1, 2019.

251.395. Lien on grain stored with grain warehouse operator — Relation to other 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 priority lien on the grain, the proceeds from the grain, or on grain owned by the grain warehouse operator. The lien terminates when the storage liability of the grain warehouse operator to the depositor terminates.
  2. The lien created under this section shall be preferred to any lien or security interest of any creditor to the grain warehouse operator, regardless of whether the creditor’s lien or security interest was attached to the grain or proceeds before or after the date on which the producer or other depositor’s lien was attached.
  3. A depositor who claims a lien under this section need not file any notice of the lien in order to perfect the lien.
  4. The lien created under this section is discharged, except as to the proceeds therefrom and except as to grain owned by the grain warehouse operator, upon sale of the grain by the warehouse operator to a buyer in the ordinary course of business.

HISTORY: 2019 ch. 88, § 15, effective August 1, 2019.

251.400. Powers and duties of board upon failure involving licensed grain dealer or 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 authority to:
    1. Take receivership of any grain on the licensee’s premises to ensure that it is not destroyed, lost, stolen, or otherwise disposed of;
    2. Sell the grain and place the proceeds in escrow for the benefit of the owners, or for the benefits of claimants, when the identities of those persons have been identified;
    3. Establish a priority lien on any grain or other assets that remain in the licensee’s possession, custody, or control;
    4. Secure and take possession of any grains or other commodities in the possession, custody, or control of the failed grain dealer or grain warehouse operator for the purpose of using it to cover outstanding storage obligations. If there is insufficient grain to cover outstanding shortage obligations, the board shall determine each depositor’s pro rata share of the value of the remaining grain. Any remaining deficiency shall be considered a claim of the producer or depositor against the fund, if applicable. Each grade of grain shall be treated separately for the purpose of covering outstanding storage obligations and calculating claims against the fund;
    5. Commence action upon the surety bond, certificate of deposit, letter of credit, or temporary surety as required by KRS 251.365 . The board may commence action against both the licensee and the surety or other financial institution in the Franklin Circuit Court or a Circuit Court in the county where the grain is located;
    6. Deposit into the fund any remaining assets of the failed grain dealer or grain warehouse operator for the purpose of using those assets to pay claimants;
    7. Establish a period of time, not less than thirty (30) days and not greater than one (1) year, for potential claimants to file their claims with supporting documentation;
    8. Make a public announcement of the procedure and deadline for potential claimants to file their claims;
    9. Examine timely filed claims and make such investigation as may be necessary for the board to determine whether a claim is a valid claim;
    10. Determine which of the claims that were submitted in advance of the deadline are valid claims;
    11. Assign to each valid claim an initial value computed as a percentage of the value of the grain on the date when it was delivered by the claimant to the licensee, relying on the value established for that grain by the Chicago Board of Trade on the date of delivery. If there is no price information from the Chicago Board of Trade for that grain on that date, then the board shall rely on price information from another exchange in the United States or Canada. If there is no price information from any exchange in the United States or Canada for that grain on that date, the board shall determine an alternative method for determining a value for that grain on that date;
    12. Compute claim values by applying these percentages to each valid claim’s initial value:
      1. One hundred percent (100%), for valid claims that are evidenced by a grain warehouse receipt issued by a federally licensed warehouse; or
      2. A minimum of ninety percent (90%), for all other valid claims; and
    13. Notify each claimant in writing of the board’s determination as to:
      1. The validity of the claim;
      2. The value of the grain claimed by the claimant;
      3. The amount and percent of value that will be reimbursed by the fund; and
      4. The claimant’s right to request a hearing on his or her claim within thirty (30) days of the claimant’s receipt of the written notification.
  2. The board shall not approve for payment from the fund any claims with respect to grains that are not fund-covered grains.
  3. The board shall not compute a claim’s value in reliance on the price or other terms of agreement between a claimant and a licensee.
  4. If a producer or other depositor fails to file a claim within the time announced by the board, then the board and the fund shall not be liable to that depositor.
  5. If the board fails to commence action against the surety bond, certificate of deposit, letter of credit, or temporary surety that KRS 251.365 required the licensee to obtain within thirty (30) days of a depositor making a written demand that the board commence action, then the depositor shall have a right of action against the licensee to recover damages suffered by reason of the licensee’s failure. The depositor shall give the board immediate written notice of the commencement of such action.
  6. The board shall deny payment from the fund to a claimant when the board determines that the claimant:
    1. Elected to opt out of coverage, as permitted by KRS 251.390 ; or
    2. Engaged in conduct or practices which substantially contributed to the claimant’s financial loss.
  7. A claimant who accepts payment from the fund shall be deemed to have assigned to the board all of the claimant’s rights, title, and interest in the grain and in any judgment with respect to the grain. The board shall have the authority to initiate or maintain any civil action it deems necessary to compel a licensee or a former licensee to repay to the fund any sums disbursed therefrom in relation to a claim.

HISTORY: 2019 ch. 88, § 16, effective August 1, 2019.

251.405. Rights of persons injured by violation of any provisions of this chapter.

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 violation has been subjected to other civil or criminal penalties.

HISTORY: 2019 ch. 88, § 17, effective August 1, 2019.

Grain Storage Establishment Licenses

251.410. Definitions for KRS 251.420 to 251.510. [Repealed]

History. Enact. Acts 1970, ch. 252, § 1; 1972, ch. 347, § 1; 1982, ch. 262, § 2, effective July 15, 1982; 1984, ch. 389, § 14, effective July 13, 1984; repealed by 2019 ch. 88, § 27, effective August 1, 2019.

251.420. Duties of board. [Repealed]

History. Enact. Acts 1970, ch. 252, § 2; repealed by 2019 ch. 88, § 27, effective August 1, 2019.

251.430. License required — Exception — Renewal — Fee. [Repealed]

History. Enact. Acts 1970, ch. 252, § 3; 1972, ch. 347, § 2; 1984, ch. 389, § 15, effective July 13, 1984; 2005, ch. 125, § 2, effective June 20, 2005; 2009, ch. 61, § 1, effective June 25, 2009; 2016 ch. 36, § 1, effective July 15, 2016; repealed by 2019 ch. 88, § 27, effective August 1, 2019.

251.440. Application for license as grain warehouse operator or grain dealer — Grounds for denial of new license or revocation of existing license — Noticing and hearing — Confidentiality of documents.

  1. Application for license as a grain warehouse operator or grain dealer shall:
    1. Set forth the name of the applicant, its principal officer, if a corporation, or the active members of a partnership if a partnership;
    2. Identify the location or locations of the principal office or place of business and the locations in this state at which the applicant proposes to engage in this business;
    3. Be accompanied by a bond as set forth in KRS 251.365 . The bond shall run to the Commonwealth of Kentucky and be for the benefit of all persons storing grain in the licensee’s warehouse or selling grain to the licensee; and
    4. Be accompanied by a compilation of financial statements issued by a certified public accountant who has stated in writing whether he or she is independent from ownership and management, or one (1) of the documents identified in KRS 251.370(8), provided, however, a grain dealer license applicant whose total annual purchases in each of the last three (3) years did not exceed fifty thousand (50,000) bushels shall be exempt from the requirement set forth in this subsection.
  2. The department may deny a license to any applicant or revoke the existing license if the applicant or licensee:
    1. Furnishes false or misleading information or conceals a material fact on the application or other supporting documents;
    2. Has been convicted of fraud or deceptive practice;
    3. Is currently adjudicated incompetent by a court of competent jurisdiction;
    4. Fails to maintain an asset to liability ratio of not less than one to one (1:1) or fails to post additional surety to cover the deficiency;
    5. Violates a provision of this chapter; or
    6. For other good cause shown.
  3. Any person denied a license or whose license has been revoked for these reasons shall:
    1. Be given written notice within thirty (30) working days of receipt of application or prior to revocation; and
    2. May request a hearing by writing to the board. Upon request, a hearing shall be conducted in accordance with KRS Chapter 13B.
  4. The department shall not approve an application for a grain warehouse operator’s license without first verifying that the application meets the requirements of this section.
  5. The department shall not approve an application for a grain dealer’s license without first verifying that the application meets the requirements of this section.
  6. The department shall keep confidential, and not disclose to anyone other than the applicant or licensee, the documents identified in this section and KRS 251.370 .

History. Enact. Acts 1970, ch. 252, § 4; 1972, ch. 347, § 3; 1984, ch. 389, § 17, effective July 13, 1984; 1990, ch. 396, § 1, effective July 13, 1990; 1996, ch. 318, § 176, effective July 15, 1996; 2005, ch. 125, § 3, effective June 20, 2005; 2016 ch. 36, § 2, effective July 15, 2016; 2019 ch. 88, § 19, effective August 1, 2019; 2020 ch. 114, § 2, effective July 15, 2020.

Research References and Practice Aids

Kentucky Law Journal.

Bland, Insolvencies in Farming and Agribusinesses, 73 Ky. L.J. 795 (1984-85).

251.450. Form of bond — Computation of amount. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 252, § 5; 1972, ch. 347, § 4) was repealed by Acts 1984, ch. 389, § 23, effective July 13, 1984. For present law, see KRS 251.451 .

251.451. Surety bond, certificate of deposit, letter of credit, or temporary surety required. [Repealed]

History. Enact. Acts 1984, ch. 389, § 16, effective July 13, 1984; 1990, ch. 396, § 2, effective July 13, 1990; 2009, ch. 61, § 2, effective June 25, 2009; 2011, ch. 21, § 1, effective June 8, 2011; repealed by 2019 ch. 88, § 27, effective August 1, 2019.

251.460. Information confidential.

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

History. Enact. Acts 1970, ch. 252, § 7.

251.470. Posting of license.

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

History. Enact. Acts 1970, ch. 252, § 6.

251.480. Forward pricing and storage contracts — Licensee’s records — Receipts or scale tickets — Content — Bookkeeping system. [Repealed]

History. Enact. Acts 1970, ch. 252, § 8; 1972, ch. 347, § 5; 1982, ch. 252, § 1, effective July 15, 1982; repealed by 2019 ch. 88, § 27, effective August 1, 2019.

251.485. Forward pricing (delayed pricing) contracts. [Repealed]

History. Enact. Acts 1992, ch. 76, § 1, effective July 14, 1992; repealed by 2019 ch. 88, § 27, effective August 1, 2019.

251.490. Semiannual inspection — Special provisions for licensees short of facilities. [Repealed]

History. Enact. Acts 1970, ch. 252, § 9; 1972, ch. 347, § 6; 1984, ch. 389, § 18, effective July 13, 1984; repealed by 2019 ch. 88, § 27, effective August 1, 2019.

251.500. Changes that make license issued under this chapter invalid — Duties of 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:
    1. The change of management;
    2. Cessation of operations;
    3. Change of partners in a partnership;
    4. Change of corporate structure of a corporation;
    5. Failure to remit license fees or fines; or
    6. A sale.
  2. A licensee shall immediately notify the department as to any change and shall deliver his license to the department together with a notarized statement setting forth the arrangements made with depositors for final disposition of grain in storage and for fulfilling any current obligations.
  3. If there is to be a successor, the successor shall apply for a new license.
  4. If there is a change of management or cessation of operations, the department may cause an audit and examination to be made. In these cases, all records required in this chapter shall be available to the department until the department is satisfied that all obligations have been met.

History. Enact. Acts 1970, ch. 252, § 10; 1972, ch. 347, § 7; 2005, ch. 125, § 4, effective June 20, 2005; 2019 ch. 88, § 20, effective August 1, 2019.

251.510. Board hearings. [Repealed]

History. Enact. Acts 1970, ch. 252, § 11; 1974, ch. 315, § 35; 1980, ch. 114, § 55, effective July 15, 1980; 1996, ch. 318, § 177, effective July 15, 1996; repealed by 2019 ch. 88, § 27, effective August 1, 2019.

251.520. Departments to enter into agreements with other governments to satisfy inspection requirements. [Repealed]

History. Enact. Acts 2005, ch. 125, § 1, effective June 20, 2005; repealed by 2019 ch. 88, § 27, effective August 1, 2019.

Grain Insurance

251.600. Purpose. [Repealed]

History. Enact. Acts 1984, ch. 389, § 1, effective July 13, 1984; repealed by 2019 ch. 88, § 27, effective August 1, 2019.

251.610. Definitions. [Repealed]

History. Enact. Acts 1984, ch. 389, § 2, effective July 13, 1984; 1986, ch. 81, § 1, effective July 15, 1986; 1988, ch. 321, § 1, effective July 15, 1988; 1990, ch. 396, § 3, effective July 13, 1990; 2005, ch. 125, § 5, effective June 20, 2005; 2006, ch. 214, § 1, effective July 12, 2006; repealed by 2019 ch. 88, § 27, effective August 1, 2019.

251.620. Kentucky Grain Insurance Corporation — Board of directors — Powers. [Repealed]

History. Enact. Acts 1984, ch. 389, § 3, effective July 13, 1984; 1986, ch. 81, § 2, effective July 15, 1986; 1988, ch. 422, § 1, effective July 15, 1988; 1990, ch. 396, § 4, effective July 13, 1990; 2009, ch. 68, § 1, effective June 25, 2009; repealed by 2019 ch. 88, § 27, effective August 1, 2019.

251.630. Applicability. [Repealed]

History. Enact. Acts 1984, ch. 389, § 4, effective July 13, 1984; repealed by 2019 ch. 88, § 27, effective August 1, 2019.

251.640. Assessment of producers of fund-covered grains — Deduction of 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 operators shall be assessed at a rate of .0025 times the gross value of the fund-covered grain. The board or the department shall provide for the collection of the assessment, under the provisions of this section, for the purpose of financing the Kentucky grain insurance fund, which is hereby created. Assessments shall be levied only on fund-covered grains.
  2. Except as provided in subsection (3) of this section, beginning on or after August 1, 2019, all persons in this state who are licensed grain dealers or licensed grain warehouse operators shall deduct the levied assessment from each producer’s payment for fund-covered grain. The total assessment collected by each licensee shall, on or before the fifteenth day of the month following the end of the month in which the grains are sold to the purchaser, be remitted to the grain insurance fund. The books and records shall clearly indicate the producer assessment and shall be open for inspection by the board or the department. The board or the department may take steps as are reasonably necessary to verify the accuracy of books and records of purchasers of grain.
    1. Beginning on August 1, 2019, no assessment shall be collected if the board has certified that the fund is greater than three million dollars ($3,000,000). If the board receives notification the fund is less than three million dollars ($3,000,000), then the board shall within sixty (60) days reinstate the assessment fee of .0025 times the gross value of the fund-covered grain purchased. Assessments shall continue until the board certifies the fund is in excess of ten million dollars ($10,000,000).
    2. No later than April 30 of each year, the board shall meet and certify the amount in the fund. If the board certifies the fund’s current balance is more than ten million dollars ($10,000,000), then no assessment shall be levied. If, at any time after the board has certified that the balance in the fund is more than ten million dollars ($10,000,000), the board receives notification that the fund balance is less than six million dollars ($6,000,000), then the board shall reinstate the assessment within sixty (60) days. Upon notification from the board, the department shall notify each licensee and shall begin collecting the assessment within sixty (60) days.
  3. The assessments by the board in accordance with this section are in addition to any other fees or assessments required by law.

History. Enact. Acts 1984, ch. 389, § 5, effective July 13, 1984; 1986, ch. 81, § 3, effective July 15, 1986; 1990, ch. 396, § 5, effective July 13, 1990; 2005, ch. 125, § 6, effective June 20, 2005; 2006, ch. 214, § 2, effective July 12, 2006; 2009, ch. 61, § 3, effective June 25, 2009; 2019 ch. 88, § 21, effective August 1, 2019.

Opinions of Attorney General.

Individuals who are merely purchasers and not “producers” as statutorily defined are not eligible to participate in the grain insurance program. OAG 94-31 .

251.642. Procedure for reentry of producer into grain insurance program after withdrawal of assessments. [Repealed]

History. Enact. Acts 1986, ch. 81, § 4, effective July 15, 1986; 2005, ch. 125, § 7, effective June 20, 2005; 2009, ch. 61, § 4, effective June 25, 2009; repealed by 2019 ch. 88, § 27, effective August 1, 2019.

251.650. Use of funds — Kentucky grain insurance fund — Investment of funds — 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 total value of assessments shall be deposited and held by the board in trust in the Kentucky grain insurance fund to pay valid claims under the provisions of this section and KRS 251.400 . These funds shall be invested and reinvested in United States Treasury obligations at the direction of the board, and the interest from these investments shall be deposited to the credit of the fund and shall be available for the same purposes as all other money deposited in the fund. The money in the fund shall not be available for any purpose other than the payment of claims in accordance with KRS 251.400 , refunds, legal fees, management fees, investment fees, and administration fees that are approved by the board. No money in this fund shall be used for any regulatory or licensing provision in this chapter.
  2. Notwithstanding the provisions of subsection (1) of this section, the board may authorize the investment of funds for the Kentucky grain insurance fund through the Finance and Administration Cabinet’s Office of Financial Management in any guaranteed security or other guaranteed investment recommended by the office if the board determines the recommendation would maximize the interest or income to the fund.
  3. By October 1 of each odd-numbered year, the board shall report to the Interim Joint Committee on Appropriations and Revenue and the Interim Joint Committee on Agriculture:
    1. The current balance of the fund;
    2. The amount of assessments, interest earned, and any other money deposited into the fund; and
    3. The expenditures incurred due to claims, refunds, management fees, investment fees, legal fees, and administrative fees.
  4. Each report shall reflect the deposits into and the expenditures incurred for the most recent biennium.

History. Enact. Acts 1984, ch. 389, § 6, effective July 13, 1984; 1990, ch. 396, § 6, effective July 13, 1990; 1994, ch. 147, § 1, effective July 15, 1994; 2009, ch. 68, § 2, effective June 25, 2009; 2019 ch. 88, § 22, effective August 1, 2019.

251.660. Insufficiency of funds to pay approved claims.

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 Cabinet and the State Treasurer shall make the necessary transfers from any unbudgeted balance of the general fund to pay the unpaid claims. The general fund shall be reimbursed from the assessment in accordance with KRS 251.640 , with interest at the rate paid on ninety (90) day United States Treasury bills, for any amounts transferred and paid to claimants under this section. The board shall reimburse the general fund prior to any money from the assessment being deposited into the Kentucky grain insurance fund.

History. Enact. Acts 1984, ch. 389, § 7, effective July 13, 1984; 2009, ch. 61, § 5, effective June 25, 2009; 2019 ch. 88, § 23, effective August 1, 2019.

251.670. Payment of compensation. [Repealed]

History. Enact. Acts 1984, ch. 389, § 8, effective July 13, 1984; 1990, ch. 396, § 7, effective July 13, 1990; 2009, ch. 61, § 6, effective June 25, 2009; repealed by 2019 ch. 88, § 27, effective August 1, 2019.

251.675. Conditions requiring denial of compensation from Kentucky Grain Insurance Fund. [Repealed]

History. Enact. Acts 1992, ch. 76, § 2, effective July 14, 1992; repealed by 2019 ch. 88, § 27, effective August 1, 2019.

251.680. Duty of board when dealer or warehouseman defaults or fails. [Repealed]

History. Enact. Acts 1984, ch. 389, § 9, effective July 13, 1984; repealed by 2019 ch. 88, § 27, effective August 1, 2019.

251.690. Other duties of board. [Repealed]

History. Enact. Acts 1984, ch. 389, § 10, effective July 13, 1984; repealed by 2019 ch. 88, § 27, effective August 1, 2019.

251.700. Rules and regulations. [Repealed]

History. Enact. Acts 1984, ch. 389, § 11, effective July 13, 1984; repealed by 2019 ch. 88, § 27, effective August 1, 2019.

251.710. Grounds for suspension or revocation of license or cooperative agreement. [Repealed]

History. Enact. Acts 1984, ch. 389, § 12, effective July 13, 1984; repealed by 2019 ch. 88, § 27, effective August 1, 2019.

251.720. License to engage in business of buying grain from producers for resale, milling, or processing — Grounds for refusal to issue or to revoke license — Notice and hearing — Surety bond required — Invalid license — Requirements for bulk purchasers of grain. [Repealed]

History. Enact. Acts 1984, ch. 389, § 13, effective July 13, 1984; 1986, ch. 81, § 5, effective July 15, 1986; 1988, ch. 321, § 2, effective July 15, 1988; 1990, ch. 396, § 8, effective July 13, 1990; 1996, ch. 318, § 178, effective July 15, 1996; 2005, ch. 125, § 8, effective June 20, 2005; 2009, ch. 61, § 7, effective June 25, 2009; 2009, ch. 68, § 3, effective June 25, 2009; 2011, ch. 21, § 2, effective June 8, 2011; 2016 ch. 36, § 3, effective July 15, 2016; repealed by 2019 ch. 88, § 27, effective August 1, 2019.

251.730. Evidence required to be produced when irregularities suspected.

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 license, or to verify the accuracy of any books or records subject to inspection under the provisions of this chapter.

History. Enact. Acts 1984, ch. 389, § 19, effective July 13, 1984; 2019 ch. 88, § 24, effective August 1, 2019.

251.740. Appeal.

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 .

History. Enact. Acts 1984, ch. 389, § 20, effective July 13, 1984; 1996, ch. 318, § 179, effective July 15, 1996.

Penalties

251.990. Penalties for chapter.

  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 not more than one thousand dollars ($1,000) or imprisoned for up to six (6) months, or both, for each subsequent offense. Each day of operation in violation of the provisions of this chapter shall constitute a separate offense.
  2. Any person who operates as a grain warehouse operator or a grain dealer without a license shall be fined not more than ten thousand dollars ($10,000) for each violation, not to exceed a total of five hundred thousand dollars ($500,000), or imprisoned for at least one (1) but not more than five (5) years, or both.
  3. Any person who intentionally refuses or fails to pay moneys collected for assessment of grain under the Kentucky grain insurance fund as set forth in KRS 251.640 shall be subject to a fine of not more than five hundred dollars ($500), or imprisoned for not more than six (6) months, or both.
  4. Any person who fails to comply with the requirement in KRS 251.375 to maintain at all times grain in storage, rights in grain, proceeds from the sale of grain, or a combination of the grain, rights, and proceeds equal to eighty percent (80%) of the value of a licensed grain storage establishment’s unpaid obligations to producers for grain delivered under a forward pricing contract shall be fined not more than ten thousand dollars ($10,000) for each violation, not to exceed a total of five hundred thousand dollars ($500,000), or imprisoned for at least one (1) year but not more than five (5) years, or both.
  5. Any person who knowingly makes any false statement, representation, or certification, or who knowingly fails to make any statement, representation, or certification in any record, report, or other document shall be fined not more than one thousand dollars ($1,000) for each violation, not to exceed a total of five hundred thousand dollars ($500,000), or imprisoned for at least one (1) year but not more than five (5) years, or both.
  6. Any person who transfers or disburses grain, property, or assets in violation of a provision of this chapter shall be fined not more than ten thousand dollars ($10,000) for each violation, not to exceed a total of five hundred thousand dollars ($500,000), or be imprisoned for at least one (1) year but not more than five (5) years, or both.
  7. Except as permitted by law, any person who willfully and knowingly resists, prevents, impedes, or interferes with a representative of the board or the department in performance of the duties assigned by a provision of this chapter, shall upon conviction be fined not more than five thousand dollars ($5,000) for each violation, or imprisoned for not more than one (1) year, or both.
  8. If a business entity violates any provision of this chapter, or if it fails or refuses to comply with any lawful order issued by a representative of the board or the department, then any director, officer, or agent of the business entity who willfully and knowingly authorized, ordered, or carried out the violation, failed, or refused to comply with the lawful order shall be subject to the same penalties, fines, and imprisonment as may be imposed upon a person in accordance with this section.
  9. Any person who fails to renew a license within the time frame required by KRS 251.355 shall be fined one hundred fifty dollars ($150).
  10. All fines or penalties collected from violators of the provisions of this chapter shall be used to carry out the provisions of this chapter.

History. 30c-24 to 30c-26, 30c-31, 30c-32: amend. Acts 1970, ch. 252, § 12; 1984, ch. 389, § 21, effective July 13, 1984; 1990, ch. 396, § 10, effective July 13, 1990; 1992, ch. 76, § 3, effective July 14, 1992; 1992, ch. 463, § 33, effective July 14, 1992; 2002, ch. 240, § 2, effective July 15, 2002; 2005, ch. 125, § 9, effective June 20, 2005; 2009, ch. 61, § 8, effective June 25, 2009; 2016 ch. 36, § 4, effective July 15, 2016; 2019 ch. 88, § 25, effective August 1, 2019.

CHAPTER 252 Apiaries

252.010 Definitions. [Repealed.]

Compiler’s Notes.

This section (68n-1) was repealed by Acts 1948, ch. 182, § 12.

252.020. State Entomologist is State Inspector of Apiaries; to combat bee diseases. [Repealed.]

Compiler’s Notes.

This section (68n-1, 68n-2) was repealed by Acts 1948, ch. 182, § 12.

252.030. Inspector may appoint deputies. [Repealed.]

Compiler’s Notes.

This section (68n-1) was repealed by Acts 1948, ch. 182, § 12.

252.040. Inspector to examine apiaries semiannually. [Repealed.]

Compiler’s Notes.

This section (68n-9) was repealed by Acts 1948, ch. 182, § 12.

252.050. Apiarist to notify inspector of disease. [Repealed.]

Compiler’s Notes.

This section (68n-3) was repealed by Acts 1948, ch. 182, § 12.

252.060. Inspector to examine suspected apiary; to disinfect himself. [Repealed.]

Compiler’s Notes.

This section (68n-4) was repealed by Acts 1948, ch. 182, § 12.

252.070. Diseased bees and appurtenances to be burned; apiarist to assist. [Repealed.]

Compiler’s Notes.

This section (68n-3) was repealed by Acts 1948, ch. 182, § 12.

252.080. Inspector may order treatment; uncured bees to be destroyed. [Repealed.]

Compiler’s Notes.

This section (68n-6) was repealed by Acts 1948, ch. 182, § 12.

252.090. Removal of bees near diseased apiary to moveable combs. [Repealed.]

Compiler’s Notes.

This section (68n-73) was repealed by Acts 1948, ch. 182, § 12.

252.100. Inspector may require statement of destruction or treatment. [Repealed.]

Compiler’s Notes.

This section (68n-7) was repealed by Acts 1948, ch. 182, § 12.

252.110. Apiary products not to be sold if disease discovered. [Repealed.]

Compiler’s Notes.

This section (68n-9) was repealed by Acts 1948, ch. 182, § 12.

252.120. Prohibited traffic in apiary products; diseases to be reported and assistance rendered. [Repealed.]

Compiler’s Notes.

This section (68n-11) was repealed by Acts 1948, ch. 182, § 12.

252.130. Imported bees to have certificates of health. [Repealed.]

Compiler’s Notes.

This section (68n-8) was repealed by Acts 1948, ch. 182, § 12.

252.140. Candy used in mailing bees. [Repealed.]

Compiler’s Notes.

This section (68n-10) was repealed by Acts 1948, ch. 182, § 12.

252.150. Compensation of deputies. [Repealed.]

Compiler’s Notes.

This section (68n-15) was repealed by Acts 1948, ch. 182, § 12.

252.160. Inspector to make annual report — Publication. [Repealed.]

Compiler’s Notes.

This section (68n-13) was repealed by Acts 1948, ch. 182, § 12.

252.170. Definitions.

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, sacbrood, bee paralysis, disappearing disease, Isle of Wight disease, or any other disease or abnormal condition of the egg, larval, pupal or adult stages of bees;
  3. “Apiary” means any place where one (1) or more colonies or nuclei of bees are kept;
  4. “Queen apiaries” means any apiary in which queen bees shall be reared for sale or gift;
  5. “Hive” means any modern frame hive, box hive, box, barrel, log gum, skep, or any other receptacle, natural or artificial, or any part thereof which may be used as a domicile for bees;
  6. “Appliances” means any honey house, used tools, machines, or devices used in the handling or manipulation of bees, honey, wax, or used hives. It shall also mean any container of honey, or wax, which may be used in an apiary;
  7. “Department” means the Department of Agriculture or any division thereof to which the administration of KRS 252.180 to 252.240 may be delegated by the Commissioner of Agriculture; and
  8. “Commissioner” means the Commissioner of Agriculture.

History. Enact. Acts 1948, ch. 182, § 1; 1986, ch. 9, § 1, effective July 15, 1986.

252.180. State apiarist and deputies — Police powers.

The Commissioner may appoint a competent person as state apiarist, and such number of deputy state apiarists as may be necessary to carry out the provisions of KRS 252.180 to 252.240 , and fix their compensation. The state apiarist and deputy state apiarists shall be vested with the powers of police officers in the enforcement of the provisions of KRS 252.180 to 252.240 .

History. Enact. Acts 1948, ch. 182, § 2; 1986, ch. 9, § 2, effective July 15, 1986.

252.185. Kentucky beekeeping fund.

  1. The Kentucky beekeeping fund is hereby established in the State Treasury as a separate trust and agency account to be administered by the Department of Agriculture.
  2. Moneys in this fund shall be used to help improve, promote, protect, and support the beekeeping industry in Kentucky, particularly relative to small beekeepers.
  3. Notwithstanding KRS 45.229 , any moneys remaining in the fund at the close of the fiscal year, including interest, shall not lapse but shall be carried forward into the succeeding fiscal year to be used for purposes set forth in this section.
  4. The fund may receive gifts, grants, federal funds, and any other funds both public and private.
  5. The Department of Agriculture shall cooperate with Kentucky State University’s apiculture extension program to advance the goals set out in subsection (2) of this section.

History. Enact. Acts 2008, ch. 117, § 1, effective July 15, 2008.

Legislative Research Commission Note.

(7/15/2008). The word “account” was inadvertently omitted following “agency” in subsection (1) of this section. It has been inserted by the Reviser of Statutes in codification under the authority of KRS 7.136(1)(h).

252.190. Rules and regulations for control of bee diseases — Destruction of infected bees, hives, etc. — Reporting and publication of information — Registration fees — Failure to comply a violation of statutes.

  1. The Commissioner may make and enforce such rules and orders as in his judgment may be necessary to control, eradicate or prevent the introduction, spread or dissemination of any and all bee diseases. In the control or eradication of dangerous bee diseases the Commissioner may destroy by burning or otherwise any infected bees, hives, honey or appliances that he may deem necessary for such control or eradication, without remuneration to the owner. Such infected bees, hives, honey and appliances shall be deemed a public nuisance.
  2. The Commissioner may publish information concerning the inspection of bees or bee diseases as he deems necessary to the carrying out of KRS 252.180 to 252.240 .
  3. The Commissioner may order persons owning or possessing bees to report information the Commissioner deems necessary for the discharge of his duties under the provisions of KRS 252.180 to 252.240 .
  4. The Commissioner shall promulgate administrative regulations concerning how moneys are received and dispensed in the Kentucky beekeeping fund established in KRS 252.185 .
  5. The Commissioner may establish a schedule of registration fees to be used for carrying out the provisions of KRS 252.180 to 252.240 .
  6. Any person failing to comply with the rules and orders of the Commissioner shall be guilty of a violation of KRS 252.180 to 252.240 .

History. Enact. Acts 1948, ch. 182, § 3; 1986, ch. 9, § 3, effective July 15, 1986; 2008, ch. 117, § 2, effective July 15, 2008.

Research References and Practice Aids

Cross-References.

Administrative regulations, date of adoption and effective date, KRS 13A.330 .

ALR

Liability for injury or damage caused by bees. 86 A.L.R.3d 829.

Keeping bees as nuisance. 88 A.L.R.3d 992.

Beekeeping regulation: validity and construction, 55 A.L.R.4th 1223.

252.200. Quarantine.

For the purposes of KRS 252.180 to 252.240 the Commissioner may establish and maintain quarantines prohibiting the shipment into or within the state, or any subdivision thereof of any bees, queen bees, used hives or any part thereof, used appliances or any material capable of transmitting any bee diseases, for such periods and under such conditions as he may deem necessary to control, eradicate or prevent the introduction, spread, or dissemination of any and all bee diseases, giving such notice thereof as may be prescribed by the Commissioner, and during the existence of such order no person shall remove or ship from such area any such material whatever except by special permission or order of the Commissioner; provided, however, that before the Commissioner shall promulgate the order of quarantine as provided in this section, the Commissioner shall, after due notice to interested persons, give a public hearing under such rules and regulations as the Commissioner shall prescribe, at which hearing any interested person may appear and be heard, either in person or by attorney.

History. Enact. Acts 1948, ch. 182, § 4; 1986, ch. 9, § 4, effective July 15, 1986.

252.210. Appeal from order of Commissioner or state apiarist — Hearing.

  1. Any person in interest or affected by any order of the Commissioner or state apiarist may appeal therefrom to the Commissioner within five (5) days of the service of the order upon him setting forth in writing specifically and in full detail the order on which a hearing is desired, and every reason why the order is deemed unreasonable.
  2. On receipt of an appeal the Commissioner shall order a hearing to be conducted in accordance with KRS Chapter 13B. An appeal shall suspend the operation of the order appealed from except as to the orders of the Commissioner promulgating a quarantine as provided in KRS 252.200 .

History. Enact. Acts 1948, ch. 182, § 5; 1996, ch. 318, § 180, effective July 15, 1996.

252.220. Registration of apiaries — Fees — Certificates — Use of revenues. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 182, §§ 6, 7; 1954, ch. 36) was repealed by Acts 1986, ch. 9, § 7, effective July 15, 1986.

252.230. Revocation of registration certificate. [Repealed.]

Compiler’s Notes.

This section was repealed by Acts 1986, ch. 9, § 7, effective July 15, 1986.

252.240. Right of access to premises to enforce law.

For the purposes of KRS 252.180 to 252.240 the Commissioner or his duly authorized representatives shall have access and egress to any apiary or any premises, buildings or other place, public or private, in which he has reason to believe that bees, honey, wax, used hives or used appliances are kept, and any and all persons who shall resist, or hinder the Commissioner or his duly authorized representative in the discharge of his duties under the provisions of KRS 252.180 to 252.240 shall be guilty of a violation of KRS 252.180 to 252.240, provided, however, that no occupied dwelling may be entered without a search warrant.

History. Enact. Acts 1948, ch. 182, § 8; 1986, ch. 9, § 5, effective July 15, 1986.

252.250. Publication of reports, financial statements, information, and rules and regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 182, § 9) was repealed by Acts 1986, ch. 9, § 7, effective July 15, 1986.

252.990. Penalties.

Any person violating any of the provisions of KRS 252.180 to 252.240 shall be punished by a fine of not more than one hundred dollars ($100). In addition to the penalty hereinbefore provided, bees or combs, used hives, or other used apiary appliances brought into this state in violation of the provisions of KRS 252.180 to 252.240 shall be confiscated and destroyed.

History. Enact. Acts 1948, ch. 182, § 10; 1986, ch. 9, § 6, effective July 15, 1986.

Compiler’s Notes.

Former KRS 252.990 (68n-11, 68n-14) was repealed by Acts 1948, ch. 182, § 12.

CHAPTER 253 Marks and Brands of Livestock

253.010. Definitions for chapter.

As used in this chapter, unless the context otherwise requires:

  1. “Board” means the State Board of Agriculture;
  2. “Brand” means a permanent identification mark of which the letters, numbers and figures used are each three (3) inches or more in length or diameter and are humanly burned into the hide of a live animal with a hot iron or tattoo or caustic chemical substance and is to be considered in relation to its location on the animal and the term relates to both the mark and location;
  3. “Commissioner” means the Commissioner of Agriculture;
  4. “Livestock” means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species; and
  5. “Mark” means a permanent cut identification from the ear of a live animal.

HISTORY: Enact. Acts 1964, ch. 167, § 1; 2017 ch. 129, § 18, effective June 29, 2017.

253.020. Approval of brands — Conflicts — Report.

The board shall approve brands for registration and issue certificates of approval, and shall serve as an adjudicating committee in the matter of deciding and determining conflicts of brands and its decision shall be final. It shall publish a state report containing a facsimile of each and every brand and mark that is registered with the board, showing the owner’s name and address, together with pertinent laws, rules and regulations pertaining to the registration and reregistration of brands.

History. Enact. Acts 1964, ch. 167, § 3.

253.030. Records of brands — Kept and furnished.

The board is the legal custodian of any county record that may have been maintained under prior programs and shall upon request furnish a certified copy of the record of any brand appearing in the county brand record books and shall charge a fee of one dollar ($1) for each such brand.

History. Enact. Acts 1964, ch. 167, § 4.

253.040. Registration of brand — Application — Fee.

Any application for the registration of a mark or brand with the board shall be on a form prescribed by the board and shall be accompanied by a fee of ten dollars ($10) for each mark or brand to be registered. Any such application for a brand shall show the brand location to the following body regions of animals: neck, shoulder, rib and hip. When a requested brand has been filed previously, the Commissioner and the applicant shall agree on a second choice of brand and body location.

History. Enact. Acts 1964, ch. 167, § 5.

253.050. Report of registered brands — Registration — Fee — Records.

The board shall publish at such times as it deems necessary a report of the brands that have been registered. Every five (5) years thereafter all brands shall be reregistered. The Commissioner shall notify each brand owner and provide the necessary forms. A reregistration fee of five dollars ($5) for each brand shall be charged for the ensuing five (5) year period or fraction thereof. The county clerk and the sheriff of each county, or authority approved by the board shall receive all brand reports without cost and the books shall remain as a part of the permanent records of their respective offices.

History. Enact. Acts 1964, ch. 167, § 6.

253.060. State report evidence of ownership.

Brands appearing in the current edition of the state report, or supplements thereto, shall be prima facie evidence of ownership and take precedence over brands of like and kind should the question of ownership arise. An owner whose brand does not appear in the state report, or a supplement thereto, shall produce evidence to establish his title to the property in the event of controversy.

History. Enact. Acts 1964, ch. 167, § 7.

NOTES TO DECISIONS

1.Bankruptcy.

In Chapter 12 case, brand placed on cattle by leasing party was not sufficient to establish ownership over party with security interest because brand was not registered and did not become part of state report until after bankruptcy petition was filed. In re Purdy, 2015 Bankr. LEXIS 2938 (Bankr. W.D. Ky. Sept. 2, 2015), aff'd, 2016 U.S. Dist. LEXIS 107565 (W.D. Ky. Aug. 15, 2016).

Bankruptcy court properly concluded that a lessor did not own any of the cattle at the time of an auction because, all the cattle were delivered to the debtor, incorporated into his operation, were being fed, cared for, and producing milk before the lessor had signed a lease with the debtor, the leases at issue were found to be true leases, and the bankruptcy court did not violate the mandate rule by holding an evidentiary hearing to determine who owned the cattle that were auctioned, and, even if the lessor was correct as to the legal application of the branding statute, 289 out of 415 cattle bore two indicia of ownership at the time of the auction, which the bankruptcy court determined was inconclusive and “not probative” of ownership. Sunshine Heifers, LLC v. Purdy, 2016 U.S. Dist. LEXIS 107565 (W.D. Ky. Aug. 15, 2016), aff'd, 870 F.3d 436, 2017 FED App. 0202P, 2017 U.S. App. LEXIS 16735 (6th Cir. Ky. 2017 ).

253.070. Funds from livestock of doubtful ownership held — Forfeiture.

Any peace officer of the state may order funds derived from the sale of livestock of questionable ownership held until ownership is established. If ownership is not established within thirty (30) days, the person holding the funds shall remit them to the board, which shall hold the funds for one (1) year. If the title to the livestock in question is not ascertained, then the funds shall be deposited in and become a part of the State Department of Agriculture trust fund.

HISTORY: Enact. Acts 1964, ch. 167, § 8; 1966, ch. 255, § 222; 2017 ch. 129, § 19, effective June 29, 2017.

253.080. Brands reserved to state.

There is hereby reserved to the State of Kentucky the brands of “B” and “T” on the jaw of cattle, and “V” and “AV” on the body, and it shall be unlawful for any person other than authorized agents of the State Board of Agriculture to use any of these brands. Cattle carrying the “B” on the jaw shall be recognized as reactors to brucellosis abortus (Bangs disease). Cattle carrying the brand “T” on the jaw shall be recognized as reactors to bovine tuberculosis. Cattle carrying the brand “V” or “AV” on the body are officially calfhood vaccinated.

History. Enact. Acts 1964, ch. 167, § 9.

253.090. Transfer or sale of registered brands — Fee.

Only brands appearing in the current edition of the state report, or a supplement thereto, shall be subject to sale, assignment, transfer, devise or bequest. The transfer of title must be recorded with the Commissioner. The fee for recording the transfer of title is one dollar ($1).

History. Enact. Acts 1964, ch. 167, § 10.

253.100. Transfer of branded animals in writing.

All persons selling livestock branded with their brand, or brand and mark, recorded in a current state report or a supplement thereto, shall, upon request of a purchaser of such livestock, execute a written transfer of ownership to the purchaser.

History. Enact. Acts 1964, ch. 167, § 11.

253.110. Duties of Commissioner — Administrative regulations.

Except as otherwise provided in this chapter and except as may be directed by the board, the powers, duties, and functions vested by this chapter in the board shall be exercised and performed by the Commissioner. The board may promulgate administrative regulations and hold administrative hearings, in accordance with KRS Chapter 13B, as required to carry out the provisions and intent of this chapter.

History. Enact. Acts 1964, ch. 167, § 2; 1996, ch. 318, § 181, effective July 15, 1996.

253.120. Fees — How deposited.

All fees charged and collected under the provisions of this chapter shall be deposited in the State Department of Agriculture trust fund.

History. Enact. Acts 1964, ch. 167, § 12.

253.130. Unauthorized use of registered brand — Misdemeanor.

Any person who knowingly places upon any livestock a mark or brand which has not been registered with the board shall, if such mark or brand duplicates one that is registered with the board, be guilty of a misdemeanor. Such duplication shall be the use of a similar brand, used in any position on the livestock designated for the use of a registered brand, such as the neck, shoulder, rib or hip.

HISTORY: Enact. Acts 1964, ch. 167, § 13; 2017 ch. 129, § 20, effective June 29, 2017.

253.990. Penalty.

Any person who knowingly alters or defaces the marks or brands on any livestock not his own, without the consent of the owner, shall be fined not more than two hundred dollars ($200), or imprisoned for not more than six (6) months, or both.

HISTORY: Enact. Acts 1980, ch. 49, § 9, effective July 15, 1980; 2017 ch. 129, § 21, effective June 29, 2017.

CHAPTER 256 Fences

256.010. Definitions.

  1. “Lawful fence” means:
    1. A strong and sound fence, four (4) feet high, so close that cattle cannot creep through, made of rails, or plank, or wire and plank, or iron, or hedge, or stone or brick; or
    2. A ditch three (3) feet deep and three (3) feet broad, with a hedge two (2) feet high or a rail, plank, stone, smooth or barbed wire or brick fence two and one-half (2 1/2) feet high on the margin of the ditch, if the fence is so close that cattle cannot creep through; or
    3. A well-constructed gate four (4) feet high so close that cattle cannot creep through, made of wood slats and wood framing or made of metal slats and framing either or both, forming a part of a fence otherwise lawful and entering upon a public road or highway or entering upon a private or public road or passway over the land of another adjacent owner; or
    4. A cattle guard not less than eight (8) feet wide and not less than six (6) feet across with a pit not less than two (2) feet six (6) inches deep with iron pipes not less than two (2) nor more than six (6) inches in diameter, iron rails or wooden rails not less than two (2) nor more than four (4) inches across the surface exposed to traffic, and not less than five (5) inches apart, constituting a part of a fence otherwise lawful and entering upon a public road or highway or entering upon a private or public road or passway over the land of another adjacent landowner. Provided, however, the definition or description of a lawful fence or cattle guard in this paragraph (d) shall not apply to the term “cattle guard” as used in KRS 256.150 .
  2. As used in this chapter, unless the context requires otherwise, “railroad” means the person who owns a right-of-way and owns or controls a railroad in this state that has been in operation for five (5) years.
  3. As used in this chapter, unless the context requires otherwise, “livestock” means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species.

HISTORY: 1780: amend. Acts 1944, ch. 70; 2017 ch. 129, § 22, effective June 29, 2017.

NOTES TO DECISIONS

1.Application.

Subsection (1) of this section, defining a lawful fence, was intended to apply to “cattle” only and not “chickens or other fowls,” the trespassing of which is governed by the common law. Adams Bros. v. Clark, 189 Ky. 279 , 224 S.W. 1046, 1920 Ky. LEXIS 416 ( Ky. 1920 ).

2.Lawful Fence.

A cattle guard, consisting of parallel pipes laid lengthwise over a ditch, is not a lawful fence. Burgin v. Forbes, 293 Ky. 456 , 169 S.W.2d 321, 1943 Ky. LEXIS 652 ( Ky. 1943 ).

No fence or barrier is a lawful fence unless it complies with this section. Burgin v. Forbes, 293 Ky. 456 , 169 S.W.2d 321, 1943 Ky. LEXIS 652 ( Ky. 1943 ).

3.— Test.

The test of a lawful fence is its height at the point where stock get over it, and it is immaterial in an action for damages from trespassing stock that the fence at another point was not of a lawful height, or that a gate was left open, if the fence was of lawful height at the place where the stock crossed it. Montgomery v. Glasscock, 121 S.W. 668 ( Ky. 1909 ).

4.— Lack of.

Under KRS 259.210 , the owner of hogs must restrain them from inclosed lands and the landowner may recover for damages because of trespassing hogs in spite of the fact that he has not constructed a lawful fence. Woodford v. Hall, 257 S.W.2d 902, 1953 Ky. LEXIS 810 ( Ky. 1953 ).

5.Cattle Guard.

KRS 256.150 , relating to railroad cattle guards, cannot be read with this section, and a cattle guard cannot be substituted for a lawful fence. Burgin v. Forbes, 293 Ky. 456 , 169 S.W.2d 321, 1943 Ky. LEXIS 652 ( Ky. 1943 ).

6.Right-of-way Fence.

When a railroad company or a landowner undertakes to construct a right-of-way fence, that kind of fence described in this section must be constructed. Crawford v. Southern R. in Kentucky, 153 Ky. 812 , 156 S.W. 861, 1913 Ky. LEXIS 923 ( Ky. 1913 ); Hiens v. Kough, 189 Ky. 806 , 225 S.W. 1082, 1920 Ky. LEXIS 516 ( Ky. 1920 ); Louisville & N. R. Co. v. Calloway, 213 Ky. 235 , 280 S.W. 966, 1926 Ky. LEXIS 487 ( Ky. 1926 ).

Cited:

Applegate v. Means, 311 Ky. 100 , 223 S.W.2d 572, 1949 Ky. LEXIS 1063 ( Ky. 1949 ); Mann v. Kentucky & I. T. R. Co., 290 S.W.2d 820, 1955 Ky. LEXIS 9 ( Ky. 1955 ).

Research References and Practice Aids

Cross-References.

Canals through lands otherwise flooded by mill dams, fencing of, KRS 182.200 .

“Cattle” defined, KRS 446.010 .

Passways, fencing of, when owned by several jointly, KRS 381.640 , 381.650 .

Comparative Legislation.

Fences:

Ark. Stat. Ann. §§ 2-39-101 — 2-39-111.

Mo. Ann. Stat. §§ 272.010 272.370 (Vernon).

Ohio Rev. Code Ann. §§ 971.01 — 971.99 (Page).

Tenn. Code Ann. §§ 44-8-101 — 44-8-305.

Va. Code §§ 55-298.1 — 55-330.

W.Va. Code §§ 19-17-1 — 19-17-11.

ALR

Right to maintain gate or fence across right of way, 52 A.L.R.3d 9.

Fence as nuisance, 80 A.L.R.3d 962.

Zoning regulations prohibiting or limiting fences, hedges, or walls, 1 A.L.R.4th 373.

Fence as factor in fixing location of boundary line — modern cases, 7 A.L.R.4th 53.

Validity of statutes requiring the construction of fences — modern cases, 87 A.L.R.4th 1129.

256.020. Agreement for division fence — Effect.

  1. Persons owning adjoining lands may agree to erect division fences between them and keep them in repair.
  2. If the agreement is reduced to writing, signed by the parties to it and acknowledged or proven, as deeds are required to be, it may be entered of record in the office of the county clerk of the county in which the land is situated, and shall have the same effect as a deed.

History. 1782.

NOTES TO DECISIONS

1.Verbal Agreement.

A verbal agreement only by adjoining landowners, to each maintain a portion of a partition fence, does not run with the land. Broaddus v. Easter, 8 Ky. Op. 537, 1875 Ky. LEXIS 217 (Ky. Ct. App. Nov. 18, 1875) (decided under prior law).

Cited:

Wallace v. Schneider, 310 Ky. 17 , 219 S.W.2d 977, 1949 Ky. LEXIS 847 ( Ky. 1949 ).

Research References and Practice Aids

Cross-References.

Conveyances and encumbrances, KRS ch. 382.

256.030. Adjoining owners to maintain fence — Liability for trespassing livestock.

  1. When a division fence exists by agreement, acquiescence or compulsion, under this section or KRS 256.042 , each party shall keep a lawful fence on his portion of the line. If one party fails to do so, the person failing shall be liable for all the damages to trees, grass, grain, crops, livestock or land the other party may sustain from the trespassing of livestock over the division fence at the point at which the party failing was bound to keep in repair.
  2. Either party to a division fence shall be liable for damages in case his or her livestock break through or pass over the fence at any point the other party is bound to keep in repair, only if the fence through which the livestock pass is a lawful fence.
  3. The party damaged shall have a lien on the livestock , as provided in KRS 256.080 .

HISTORY: 1783: amend. Acts 1988, ch. 79, § 2, effective July 15, 1988; 2017 ch. 129, § 23, effective June 29, 2017.

NOTES TO DECISIONS

1.Jurisdiction.

Circuit court’s order granting summary judgment in property owners’ suit under the Kentucky Boundary Line Fence Act was vacated because, pursuant to KRS 256.042 , the district court has exclusive jurisdiction over all actions arising under the Act; thus, the circuit court lacked subject matter jurisdiction over the owners’ claim. Since the owners’ claim under the Act was anchored in the district court, the neighbor’s counterclaim and the owners’ common law claims, if any, should be addressed in the district court alongside the owners’ claim under the Act. Abell v. Reynolds, 191 S.W.3d 1, 2006 Ky. App. LEXIS 95 (Ky. Ct. App. 2006).

Kentucky Boundary Line Fence Act consists of two substantive statutes, KRS 256.030 and KRS 256.042 , and these statutes make clear that the district courts have exclusive jurisdiction over matters arising under the act; however KRS 24A.120(1), which provides a general grant of jurisdiction to the circuit court in civil matters, specifically excludes from the purview of the district court matters affecting title to real estate. As such, a district court erred in not only determining the rights and obligations of the parties under the Kentucky Boundary Line Fence Act but in also determining the location of the boundary line itself because such a determination is clearly beyond the bounds of the district court’s subject matter jurisdiction. Parsley v. McCauley, 338 S.W.3d 290, 2010 Ky. App. LEXIS 206 (Ky. Ct. App. 2010).

2.Maintenance.

When a lawful fence has been constructed, the party constructing it is only required to exercise reasonable care to maintain it. Crawford v. Southern R. in Kentucky, 153 Ky. 812 , 156 S.W. 861, 1913 Ky. LEXIS 923 ( Ky. 1913 ); Hiens v. Kough, 189 Ky. 806 , 225 S.W. 1082, 1920 Ky. LEXIS 516 ( Ky. 1920 ).

Cited:

Burgin v. Forbes, 293 Ky. 456 , 169 S.W.2d 321, 1943 Ky. LEXIS 652 ( Ky. 1943 ).

256.040. Owner may require adjoining owner to erect portion of fence — Notice — Erection at expense of other owner — Lien. [Repealed.]

Compiler’s Notes.

This section (1784: amend. Acts 1946, ch. 47; 1978, ch. 384, § 385, effective June 17, 1978) was repealed by Acts 1988, ch. 79, § 4, effective July 15, 1988.

256.042. Action to require construction or replacement of a farm boundary line fence — Apportionment of cost — Enforcement of lien.

  1. The District Court shall have exclusive jurisdiction over all actions arising under this section or KRS 256.030 .
  2. The owner of a parcel of real estate used for agricultural purposes may file an action in the District Court to require the initial construction or replacement of a boundary line fence or any portion thereof on the boundary between any parcel of real estate adjacent to the real estate of the plaintiff.
  3. The complaint shall describe the boundary line which is the subject of the action; the use of or the use to which the plaintiff’s real estate is to be put; the specific reason that an initial or replacement fence is needed; the type of fence and fence construction that is proposed; whether an existing fence is to be removed; whether vegetation or growth must be removed in order to carry out the construction; the method proposed for removal; and the proposed disposition of the material that is removed.
  4. The court shall determine if the existing fence is adequate or if no fence exists. If the court finds the existing fence is inadequate or no fence exists, the court shall order the construction of a new fence and shall find and order:
    1. The type of fence to be constructed based upon the use or proposed use of the real estate. Any permanent type of fence construction commonly accepted in the area may be ordered;
    2. If necessary, the removal of vegetation and growth from the boundary line or fence row in order to efficiently construct the fence, and the method of removal, including mechanical means;
    3. Disposition or piling of the removed material;
    4. Apportionment of the cost of the removal of the existing fence, the removal of growth and vegetation and the cost of the construction of the new fence, between the landowners, which shall be one-half (1/2) to each landowner unless the court determines such apportionment to be unconscionable.
  5. The court shall grant the defendant a reasonable time after its order in which to comply with its judgment by constructing a fence in accordance with its order on the defendant’s portion of the common boundary. If the defendant fails to comply, the court shall authorize the plaintiff to carry out the terms of its order and the defendant’s portion of the cost pursuant to the order shall constitute a lien on the defendant’s property and shall bear interest at the legal rate.
  6. In all instances for purposes of maintenance of or construction of a fence on a common boundary line, the boundary line shall be divided between the parties and each landowner’s portion shall be determined by assigning to him that portion of the boundary line which is on the right when facing the boundary from that landowner’s real estate.
  7. The lien provided herein may be enforced in the Circuit Court according to law if the defendant fails to satisfy the costs of the fence within sixty (60) days of the District Court’s order.

History. Enact. Acts 1988, ch. 79, § 1, effective July 15, 1988.

NOTES TO DECISIONS

1.Jurisdiction.

Circuit court’s order granting summary judgment in property owners’ suit under the Kentucky Boundary Line Fence Act was vacated because, pursuant to KRS 256.042 , the district court has exclusive jurisdiction over all actions arising under the Act; thus, the circuit court lacked subject matter jurisdiction over the owners’ claim. Since the owners’ claim under the Act was anchored in the district court, the neighbor’s counterclaim and the owners’ common law claims, if any, should be addressed in the district court alongside the owners’ claim under the Act. Abell v. Reynolds, 191 S.W.3d 1, 2006 Ky. App. LEXIS 95 (Ky. Ct. App. 2006).

Kentucky Boundary Line Fence Act consists of two substantive statutes, KRS 256.030 and KRS 256.042 , and these statutes make clear that the district courts have exclusive jurisdiction over matters arising under the act; however KRS 24A.120(1), which provides a general grant of jurisdiction to the circuit court in civil matters, specifically excludes from the purview of the district court matters affecting title to real estate. As such, a district court erred in not only determining the rights and obligations of the parties under the Kentucky Boundary Line Fence Act but in also determining the location of the boundary line itself because such a determination is clearly beyond the bounds of the district court’s subject matter jurisdiction. Parsley v. McCauley, 338 S.W.3d 290, 2010 Ky. App. LEXIS 206 (Ky. Ct. App. 2010).

256.045. Short title.

KRS 256.030 and 256.042 shall be cited as the Kentucky Boundary Line Fence Act.

History. Enact. Acts 1988, ch. 79, § 3, effective July 15, 1988.

256.050. Owner of unimproved lands need not contribute — Removal. [Repealed.]

Compiler’s Notes.

This section (1785, 1786, 1787) was repealed by Acts 1988, ch. 79, § 4, effective July 15, 1988.

256.070. Part owner may repair fences. [Repealed.]

Compiler’s Notes.

This section (1785) was repealed by Acts 1988, ch. 79, § 4, effective July 15, 1988.

256.080. Liability when livestock enter through lawful fence — Lien on livestock.

If any livestock enter into any land over or through a lawful fence, the owner or manager of the livestock shall for the first trespass be liable to the owner or occupant of that land for damages to his or her trees, grass, grain, crops, livestock or land as he or she may have sustained by the entry of the livestock, and for every subsequent trespass by the livestock of the same owner, double damages. After giving the owner or manager of the livestock at least five (5) days’ notice, in writing, of the fact of two (2) previous breaches into the same enclosure by the livestock of the same owner, the owner or occupant of the enclosure shall have a lien on the livestock to indemnify him or her on account of any damages sustained by the third or any subsequent trespasses of those livestock and may enforce his or her lien by action as in cases of a mortgage lien.

HISTORY: 1781; 2017 ch. 129, § 24, effective June 29, 2017.

Research References and Practice Aids

Cross-References.

Criminal trespass, KRS 511.070 , 511.080 .

Liens, enforcement of, KRS 426.006 .

Treatises

Caldwell’s Kentucky Form Book, 5th Ed., Complaint for Cattle Trespass on Enclosed Property Under KRS 256.080 , Strict Liability, Form 140.06.

Caldwell’s Kentucky Form Book, 5th Ed., Complaint for Cattle Trespass on Unenclosed Property by Breaking Through Defendant’s Lawful Fence Under KRS 256.090 , Strict Liability, Form 140.07.

Caldwell’s Kentucky Form Book, 5th Ed., Complaint for Cattle Trespass under KRS 259.210 , Negligence, Form 140.05.

Caldwell’s Kentucky Form Book, 5th Ed., Practice Context for Animals, § 140.00.

Caldwell’s Kentucky Form Book, 5th Ed., Synopsis to Chapter 140 ANIMALS, § 140.syn.

ALR

Liability for personal injury or death caused by trespassing or intruding livestock, 49 A.L.R.4th 710.

256.090. Liability when livestock break owner’s fence and enter uninclosed land.

If the owner or bailee of livestock has a lawful fence, and his or her livestock break through or over the fence and upon the premises of another which are not enclosed by a lawful fence, he or she shall not be responsible for the first trespass, but shall be liable for all subsequent trespasses.

HISTORY: 1788; 2017 ch. 129, § 25, effective June 29, 2017.

Research References and Practice Aids

Treatises

Caldwell’s Kentucky Form Book, 5th Ed., Answer to KRS 259.210 Cattle Trespass Complaint Asserting Defense Under KRS 256.090 , Form 140.08.

Caldwell’s Kentucky Form Book, 5th Ed., Complaint for Cattle Trespass on Unenclosed Property by Breaking Through Defendant’s Lawful Fence Under KRS 256.090 , Strict Liability, Form 140.07.

Caldwell’s Kentucky Form Book, 5th Ed., Practice Context for Animals, § 140.00.

Caldwell’s Kentucky Form Book, 5th Ed., Synopsis to Chapter 140 ANIMALS, § 140.syn.

256.100. Railroad treated as other landowners, in respect to fences.

A railroad shall be on equal terms and obligations with other landowners owning adjoining lands in this state.

History. 1789.

NOTES TO DECISIONS

1.Constitutionality.

Kentucky Revised Statutes 256.100 to 256.990 are constitutional. Steadd v. Southern Ry. Co., 109 Ky. 214 , 58 S.W. 581, 22 Ky. L. Rptr. 713 , 1900 Ky. LEXIS 182 (Ky. Ct. App. 1900).

2.Construction.

The words “with other landowners owning adjoining lands,” as used in this section, refer to KRS 256.030 et seq., relating to division fences between adjoining landowners. Snyder v. Shelby County, 261 Ky. 118 , 87 S.W.2d 90, 1935 Ky. LEXIS 594 ( Ky. 1935 ).

3.Liability for Fencing.

Where railroad constructs or attempts to construct a right-of-way fence, and has not compensated owner for fencing, its liability is determined by KRS 256.100 et seq. and not by KRS 277.330 . Crawford v. Southern R. in Kentucky, 153 Ky. 812 , 156 S.W. 861, 1913 Ky. LEXIS 923 ( Ky. 1913 ); Hiens v. Kough, 189 Ky. 806 , 225 S.W. 1082, 1920 Ky. LEXIS 516 ( Ky. 1920 ); Louisville & N. R. Co. v. Calloway, 213 Ky. 235 , 280 S.W. 966, 1926 Ky. LEXIS 487 ( Ky. 1926 ). See further, Louisville, H. & S. L. R. Co. v. Wilson, 181 Ky. 322 , 204 S.W. 72, 1918 Ky. LEXIS 507 ( Ky. 1918 ).

4.Proceedings Against.

Railroads being on same footing as other landowners, they may be proceeded against under former KRS 256.040 as well as KRS 256.120 , 256.990 . Owensboro & N. R. Co. v. Courts, 109 Ky. 154 , 58 S.W. 521, 22 Ky. L. Rptr. 672 , 1900 Ky. LEXIS 176 ( Ky. 1900 ).

256.110. Railroad and adjoining owner to maintain fence.

Except as otherwise provided in KRS 256.130 , 256.160 and 256.170 , every railroad shall construct and maintain a good lawful fence on one-half (1/2) of the distance of the division line between its right-of-way and the adjoining lands, and every owner of lands adjoining the right-of-way of the railroad shall construct and maintain a good lawful fence on one-half (1/2) of the distance of the division between those lands and the right-of-way.

History. 1790.

NOTES TO DECISIONS

“One-half of the fence” means one-half (1/2) of each fence on either side of the right-of-way. One party cannot construct the entire fence on one side of the right-of-way and force the other party to construct the entire fence on the other side. Lexington & E. R. Co. v. Russell, 177 Ky. 79 , 197 S.W. 523, 1917 Ky. LEXIS 544 ( Ky. 1917 ).

Railroad is bound to erect and maintain fence along one-half of division line, as required by this section, without written notice being given by landowner as provided in KRS 256.120 . The purpose of written notice is to set criminal law in motion in order to find party in default. Parrish v. Louisville & N. R. Co., 126 Ky. 638 , 104 S.W. 690, 31 Ky. L. Rptr. 1020 , 1907 Ky. LEXIS 83 ( Ky. 1907 ).

Neither party can require the other to erect a division fence on its part of the line, or recover from the other the cost of erecting a fence, unless the petition alleges that written notice has been given and that the land is improved or inclosed or if unimproved that the land has been inclosed on three sides either by owner or natural barriers. Pitman v. Louisville & N. R. Co., 104 S.W. 693, 31 Ky. L. Rptr. 988 (1907).

Where a railroad company could reasonably anticipate that children would be upon its tracks, the railroad had a duty to prevent children from going upon the tracks and this duty could have been met either by stationing guardsmen at the place where children were entering the tracks, or by erecting a suitable fence; the law imposed such duty on the railroad, unless the cost of fulfilling that duty would have been unreasonable in relation to the risk involved. Kentucky & I. T. R. Co. v. Mann, 312 S.W.2d 451, 1958 Ky. LEXIS 224 ( Ky. 1958 ).

When a lawful fence has been constructed, the party constructing it is only required to exercise reasonable care to maintain it. Crawford v. Southern R. in Kentucky, 153 Ky. 812 , 156 S.W. 861, 1913 Ky. LEXIS 923 ( Ky. 1913 ); Hiens v. Kough, 189 Ky. 806 , 225 S.W. 1082, 1920 Ky. LEXIS 516 ( Ky. 1920 ).

Because railroad owned nothing more than a right-of-way easement, upon abandonment of the easement, it could not be obligated to maintain fencing along the easement and its attempt to convey by quit-claim deed a certain stretch of the right of way to outside parties was ineffective; present owners of the servient estates hold the underlying strips of land discharged with the easement; owners generally holding to the center of the strip of land comprising the easement to be determined on remand. Illinois Cent. R.R. v. Roberts, 928 S.W.2d 822, 1996 Ky. App. LEXIS 139 (Ky. Ct. App. 1996).

Research References and Practice Aids

Cross-References.

Cattle, compensation for, when killed by railroad, KRS 277.330 .

See note to KRS 256.160 under heading “Maintenance”; Hanger v. Louisville & N.R.R., 193 Ky. 419 , 236 S.W. 568, 1922 Ky. LEXIS 11 (1922).

256.120. Railroad or adjoining owner may require other to erect portion of fence.

  1. When a railroad or the owner of lands adjoining the railroad right-of-way constructs a good lawful fence on the division line between the right-of-way and the lands adjoining the right-of-way for one-half (1/2) the length of the line, and the other party has not constructed the fence on the line for half the length, nor has paid a sum sufficient to construct the fence, or any sum by agreement in lieu of such a sum, the party who has constructed the fence shall, in writing, notify the party in default of the length of the division line between them, and that the party serving the notice has constructed a good lawful fence on the division line for one-half (1/2) the length.
  2. The party on whom the notice is served shall construct a good lawful fence on the other half of the distance of the division line, within four (4) months after the date of receiving the notice. Where the railroad is in default, notice may be served on the nearest station agent of the railroad.
  3. No person upon whom the notice has been served shall fail to construct the fence within the time prescribed.

History. 1791.

NOTES TO DECISIONS

1.Private Passway.

Railroad was neither required nor premitted to put a fence with gate across private fenced-in passway of landowner when after being notified by landowner it built its half of fence along its right-of-way. McDavitt v. Louisville & N. R. Co., 199 Ky. 511 , 251 S.W. 647, 1923 Ky. LEXIS 877 ( Ky. 1923 ).

Cited:

Illinois Cent. R.R. v. Roberts, 928 S.W.2d 822, 1996 Ky. App. LEXIS 139 (Ky. Ct. App. 1996).

256.130. Railroad to erect entire fence if given right-of-way.

When the owner of any lands, or any immediate or remote grantor or vendor of the owner, has given to a railroad, after February 25, 1893, a right-of-way through the lands free of charge, the entire fencing on the division lines between such lands and the right-of-way of the railroad shall be done by and at the cost of the railroad.

History. 1797.

NOTES TO DECISIONS

1.Application.

This section applies only to grants of land made after its enactment. Steadd v. Southern Ry. Co., 109 Ky. 214 , 58 S.W. 581, 22 Ky. L. Rptr. 713 , 1900 Ky. LEXIS 182 (Ky. Ct. App. 1900); Ringo v. Chesapeake & O. R. Co., 111 Ky. 679 , 64 S.W. 522, 23 Ky. L. Rptr. 941 , 1901 Ky. LEXIS 240 ( Ky. 1901 ).

This section does not apply where the title of the railroad to its right-of-way was procured by adverse possession before its enactment. Louisville & N. R. Co. v. Thompson, 64 S.W. 515, 23 Ky. L. Rptr. 936 , 1901 Ky. LEXIS 529 (Ky. Ct. App. 1901).

Where land was donated to railroad company for right-of-way before this section was enacted, the railroad company is not required to erect and maintain the entire fencing at its own cost. Southern R. Co. v. Dawson, 282 Ky. 198 , 138 S.W.2d 326, 1940 Ky. LEXIS 144 ( Ky. 1940 ).

Cited:

Illinois Cent. R.R. v. Roberts, 928 S.W.2d 822, 1996 Ky. App. LEXIS 139 (Ky. Ct. App. 1996).

256.140. Owner who erected entire fence may remove half.

Any landowner who has already erected a lawful fence along the whole distance of the division line between his land and the right-of-way of a railroad may, in the absence of any agreement to the contrary, move one-half (1/2) of the fence, after giving three (3) months’ notice to the railroad of his intention to move one-half (1/2) of the fence. Notice shall be served on the nearest station agent. The landowner shall not, in removing such part of his fence, cause the railroad to erect watergaps or erect fences at points where the grade of the roadbed is of such character as may render fencing unnecessary.

History. 1794.

256.150. Railroad to erect cattle guards.

All railroads shall erect and maintain cattle guards at all terminal points of fences constructed along their lines, except at points where the lines are not required to be fenced on both sides, and at public crossings. Where there is a private passway across the railroad, the landowner for whose benefit the passway is kept open shall bear one-half (1/2) of the expense of cattle guards and gates, and shall erect the gates. The railroad shall erect the cattle guards.

History. 1793.

NOTES TO DECISIONS

1.Cattle Guards.

“Cattle guard” means such an appliance as will prevent animals from escaping from inclosures and crossing railroad tracks into lands of others adjoining the right-of-way. Any neglect of railroad to keep cattle guards in proper condition for this purpose renders it liable for any injuries that may result therefrom, but cattle guards need not be so constructed that cattle can pass over them with safety as this would defeat purpose of their requirement. Louisville, H. & S. L. R. Co. v. Beauchamp, 108 Ky. 47 , 55 S.W. 716, 21 Ky. L. Rptr. 1476 , 1900 Ky. LEXIS 9 ( Ky. 1900 ).

This section applies only to railroads, and does not by implication make a cattle guard a lawful fence within the meaning of KRS 256.010 . Burgin v. Forbes, 293 Ky. 456 , 169 S.W.2d 321, 1943 Ky. LEXIS 652 ( Ky. 1943 ).

2.— Placement.

Cattle guards should be erected and maintained at all terminal points of fences parallel to railroad, not at terminal points of fences on one side only of the railroad, nor when the railroad enters or leaves a person’s inclosures or farm, unless this should be the terminal of the fencing on both or one side of the railroad. Parrish v. Louisville & N. R. Co., 126 Ky. 638 , 104 S.W. 690, 31 Ky. L. Rptr. 1020 , 1907 Ky. LEXIS 83 ( Ky. 1907 ).

Railroad cannot be required to erect cattle guards except at points where construction of fencing may be required, nor until such fencing has been erected. Parrish v. Louisville & N. R. Co., 126 Ky. 638 , 104 S.W. 690, 31 Ky. L. Rptr. 1020 , 1907 Ky. LEXIS 83 ( Ky. 1907 ).

A railroad is required to erect and maintain cattle guards at such places only as this section designates. Mansfield v. Frankfort & C. R. Co., 193 Ky. 95 , 234 S.W. 956, 1921 Ky. LEXIS 185 ( Ky. 1921 ).

3.— Failure to Erect.

Neglect of railroad to erect cattle guards at public crossings and keep them in repair renders it liable for injuries to cattle escaping from a highway upon its track. McGhee v. Guyn, 98 Ky. 209 , 32 S.W. 615, 17 Ky. L. Rptr. 794 , 1895 Ky. LEXIS 39 ( Ky. 1895 ).

Railroad cannot excuse itself, for failure to erect cattle guards at private passway, as against one other than the owner of the passway upon the ground that owner of the passway has not required the erection of guards or has not offered to contribute to their erection. Mansfield v. Frankfort & C. R. Co., 193 Ky. 95 , 234 S.W. 956, 1921 Ky. LEXIS 185 ( Ky. 1921 ).

4.— Sufficiency.

Fact that type of cattle guard is in general use by railroads is not conclusive that such cattle guard is sufficient; cattle guard need not afford absolute protection against trespassing stock but must be reasonably sufficient to prevent cattle from crossing it. Nashville C. & S. L. R. Co. v. Russell, 129 Ky. 14 , 110 S.W. 317, 33 Ky. L. Rptr. 447 , 1908 Ky. LEXIS 133 ( Ky. 1908 ).

5.— Private Passway.

Owner of a private passway, over a railroad, cannot require railroad to erect and maintain cattle guards on each side of the passway unless he offers to pay one-half (1/2) cost of erection and maintenance. Payton v. Louisville & N. R. Co., 115 Ky. 53 , 72 S.W. 346, 24 Ky. L. Rptr. 1896 , 1903 Ky. LEXIS 69 ( Ky. 1903 ).

6.— Expense.

Owner cannot acquire prescriptive right to require railroad to maintain cattle guards at its sole expense on sides of his passway across tracks, on ground that railroad has for long period of time constructed and maintained such cattle guards at its sole expense. Payton v. Louisville & N. R. Co., 115 Ky. 53 , 72 S.W. 346, 24 Ky. L. Rptr. 1896 , 1903 Ky. LEXIS 69 ( Ky. 1903 ).

7.— Maintenance.

Neglect of railroad to maintain cattle guard where stock may stray on track will render it liable for damage to stock. McGhee v. Gaines, 98 Ky. 182 , 32 S.W. 602, 17 Ky. L. Rptr. 748 , 1895 Ky. LEXIS 35 ( Ky. 1895 ).

It was duty of railroad to maintain cattle guard so as to attract attention of livestock, and permitting it to be overgrown with weeds and grass so that it could not be seen by livestock was negligence. Louisville, H. & S. L. R. Co. v. Beauchamp, 108 Ky. 47 , 55 S.W. 716, 21 Ky. L. Rptr. 1476 , 1900 Ky. LEXIS 9 ( Ky. 1900 ).

Railroad has as much duty to maintain cattle guards as it has to erect them. Nashville C. & S. L. R. Co. v. Russell, 129 Ky. 14 , 110 S.W. 317, 33 Ky. L. Rptr. 447 , 1908 Ky. LEXIS 133 ( Ky. 1908 ).

Cited:

Burgin v. Forbes, 293 Ky. 456 , 169 S.W.2d 321, 1943 Ky. LEXIS 652 ( Ky. 1943 ).

256.160. Exemptions from KRS 256.100 to 256.170.

KRS 256.100 to 256.170 shall not:

  1. Apply in any case where any railroad has furnished the material to construct a fence or condemned its right-of-way, and paid the owner or his vendor damages, in the estimation of which the cost of fencing was taken into consideration;
  2. Apply to land where the owner or his vendor has received compensation for fencing;
  3. Require the railroad to build any fence along the line through any town or city or across any public or private passway; nor
  4. Require the railroad to construct fences through unimproved lands until the owner of those lands has previously inclosed those lands on three (3) sides with sufficient fences or unless that land is so inclosed with fences and a river, creek, bluff or other natural barrier as to prevent the egress of stock.

History. 1792, 1796.

NOTES TO DECISIONS

1.Compensation of Owner.

Where deed conveying right-of-way to railroad makes no reference to fencing, deed does not show that vendor was compensated for fencing, and railroad must show that vendor in fact received compensation in order to bring itself within subsection (2) of this section. Owensboro & N. R. Co. v. Townsend, 107 Ky. 291 , 53 S.W. 662, 21 Ky. L. Rptr. 997 , 1899 Ky. LEXIS 166 ( Ky. 1899 ); Owensboro & N. R. Co. v. Courts, 109 Ky. 154 , 58 S.W. 521, 22 Ky. L. Rptr. 672 , 1900 Ky. LEXIS 176 ( Ky. 1900 ).

In order for railroad to bring its case within subsection (2) of this section, it must show that the owner or his vendor in fact received compensation for fencing the land. Crawford v. Southern Ry in Kentucky, 150 Ky. 741 , 150 S.W. 990, 1912 Ky. LEXIS 980 ( Ky. 1912 ), rev'd, Crawford v. Southern R. in Kentucky, 153 Ky. 812 , 156 S.W. 861, 1913 Ky. LEXIS 923 ( Ky. 1913 ).

Where deed conveying right-of-way makes no reference to fencing, it is considered, in absence of proof to the contrary, that the vendor has not been compensated for fencing. Crawford v. Southern R. in Kentucky, 153 Ky. 812 , 156 S.W. 861, 1913 Ky. LEXIS 923 ( Ky. 1913 ).

2.Maintenance.

Where, in condemnation proceedings for right-of-way, cost of fencing was considered in fixing damages, railroad is not required to contribute to cost of maintaining fences. Hanger v. Louisville & N. R. Co., 193 Ky. 419 , 236 S.W. 568, 1922 Ky. LEXIS 11 ( Ky. 1922 ).

3.Pleading.

Exceptions are matters of defense to be pleaded by railroad. Steadd v. Southern Ry. Co., 109 Ky. 214 , 58 S.W. 581, 22 Ky. L. Rptr. 713 , 1900 Ky. LEXIS 182 (Ky. Ct. App. 1900).

Owner cannot require railroad to erect its portion of division fence, or recover from railroad the cost of erecting fence, unless the petition alleges that the land is improved or inclosed or if unimproved that the land has been inclosed on three (3) sides either by owner or natural barriers. Pitman v. Louisville & N. R. Co., 104 S.W. 693, 31 Ky. L. Rptr. 988 (1907).

Cited:

Mann v. Kentucky & I. T. R. Co., 290 S.W.2d 820, 1955 Ky. LEXIS 9 ( Ky. 1955 ).

256.170. Parallel railroads need not have fence between them.

Where the lands or rights-of-way of two (2) railroads adjoin and run parallel with no tillable or grazing lands between their rights-of-way, the railroad need not build any fence along its side next to the other railroad, unless the other railroad has first built its half along the division line.

History. 1799.

256.990. Penalties.

Any person who violates subsection (3) of KRS 256.120 shall be fined one dollar ($1) for each day, after the expiration of the time in which the fence should have been constructed, until the fence is constructed.

History. 1791.

CHAPTER 257 Livestock and Poultry Disease Control

Definitions

257.010. Definitions for chapter.

As used in this chapter, unless the context requires otherwise:

  1. “Abandon” means to forsake entirely, or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner or his agent;
  2. “Board” means the Board of Agriculture;
  3. “Commission” means the Kentucky Livestock Care Standards Commission;
  4. “Commissioner” means the Commissioner of Agriculture;
  5. “Communicable disease” means a disease that can be directly or indirectly transmitted from one (1) animal to another;
  6. “Compost” means the humus-like product of the process of composting domestic livestock, poultry, or fish, which may be used as a soil conditioner or enhancer;
  7. “Composting” means the biological decomposition of organic matter;
  8. “Council” means the Kentucky Equine Health and Welfare Council;
  9. “Department” means the Department of Agriculture;
  10. “Fish” means the bodies and parts of bodies of all animal aquatic life being raised, or kept for sale to a wholesaler or retailer, or for direct sale to the public;
  11. “Livestock” means:
    1. Cattle, sheep, swine, goats, horses, llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species; and
    2. Deer, elk, and any other animal of the cervid species whose regulatory requirements are under KRS Chapters 150 and 246, and are privately owned and raised in a confined area for breeding stock, food, fiber, and other products;
  12. “National animal identification system” means a national program intended to identify animals and track them as they come into contact with or commingle with animals other than herdmates from their premises of origin;
  13. “National Poultry Improvement Plan” shall have the same meaning as set out in the United States Code of Federal Regulations, 9 C.F.R. Part 145, and the auxiliary provisions in 9 C.F.R. Part 147;
  14. “Owner” means any person owning or leasing from another, or having in charge any domestic animal;
  15. “Poultry” means chickens, ducks, turkeys, or other domestic fowl being raised or kept on any premises in the Commonwealth;
  16. “Premises” means any portion of land, or any structure erected on land; and
  17. “Reportable disease” means an animal disease that shall be reported to state or federal animal health officials when suspected or diagnosed.

History. 63c-1, 4618-78: amend. Acts 1962, ch. 248, § 1; 1986, ch. 6, § 1, effective July 15, 1986; 1996, ch. 58, § 1, effective July 15, 1996; 2002, ch. 88, § 12, effective March 28, 2002; 2005, ch. 115, § 1, effective June 20, 2005; 2006, ch. 27, § 3, effective July 12, 2006; 2009, ch. 22, § 1, effective June 25, 2009; 2010, ch. 106, § 4, effective July 15, 2010.

Research References and Practice Aids

Cross-References.

Apiaries, KRS ch. 252.

“Cattle” defined, KRS 446.010 .

Dogs, KRS ch. 258.

Strays and animals running at large, KRS ch. 259.

Treatises

Kentucky Instructions To Juries (Civil), 5th Ed., Animals, §§ 15.04, 15.05.

ALR

Communicable disease, extent of liability of seller of livestock infected with. 14 A.L.R.4th 1096.

Livestock

257.020. Duties of Board of Agriculture.

The board shall:

  1. Enforce the provisions of this chapter;
  2. Adopt and enforce measures as it deems necessary to protect and promote the livestock, poultry, fish, and animal industries. Measures falling within the scope of KRS 257.196 shall be adopted and enforced in conformity with that section;
  3. Prevent, control, and eradicate any communicable disease of livestock, poultry, and fish;
  4. Investigate the prevalence of communicable diseases in livestock, poultry, and fish upon receipt of reports of those diseases;
  5. Issue information as it deems necessary for public distribution;
  6. Give information and instruction to farmers and breeders and feeders of livestock, poultry, and fish in the nature, cause, prevention, and control of communicable diseases; and
  7. Regulate the importation, sale, use, and distribution of products or material used in the diagnosis, treatment, or prevention of animal diseases.

History. 63c-13: amend. Acts 1970, ch. 92, § 78; 2009, ch. 22, § 2, effective June 25, 2009; 2010, ch. 106, § 5, effective July 15, 2010.

NOTES TO DECISIONS

Cited:

Spillman v. Beauchamp, 362 S.W.2d 33, 1962 Ky. LEXIS 253 , 2 A.L.R.3d 814 ( Ky. 1962 ).

Opinions of Attorney General.

The state board of agriculture has authority to promulgate a regulation requiring any cattle owner of beef stock under quarantine to round up the herd with reasonable notice and at a specified time for the purpose of permitting a representative of the department to inspect the cattle individually for any violation of the quarantine. OAG 60-416 .

The state veterinarian and his representatives have the authority and power to proceed to inspect and test cattle, wherever found, for contagious or communicable disease and any person who refuses to permit such inspection or testing will be subject to prosecution under KRS 246.990(2), 257.990(1) or 257.990(10). OAG 60-973 .

Research References and Practice Aids

Cross-References.

Administrative regulations, adoption date and effective date, KRS 13A.330 .

257.030. Powers of board.

The board may:

  1. Cooperate with universities and other entities in conducting the necessary scientific investigations relating to the cause, nature, prevention , and treatment of communicable diseases of livestock, poultry, and fish;
  2. Establish, maintain, and enforce any quarantine and other measures as it deems necessary in controlling the movement of livestock, poultry, and fish into, through, or within the state;
  3. Order and enforce the cleaning and disinfection of premises and all articles and materials by which communicable diseases may be transmitted, and the destruction of diseased and exposed animals and all property and materials, as may be necessary in the eradication of disease;
  4. Adopt, issue, and enforce administrative regulations necessary for the proper administration and enforcement of the provisions of this chapter, and for the accomplishment of the purposes intended to be accomplished by this chapter. Administrative regulations falling within the scope of KRS 257.196 shall be adopted, issued, and enforced in conformity with that section; and
  5. Employ necessary scientific, field, stenographic, and clerical assistants and fix their salaries.

History. 63c-13, 63c-14: amend. Acts 1948, ch. 19, § 1; 2009, ch. 22, § 3, effective June 25, 2009; 2010, ch. 106, § 6, effective July 15, 2010.

NOTES TO DECISIONS

Cited:

Spillman v. Beauchamp, 362 S.W.2d 33, 1962 Ky. LEXIS 253 , 2 A.L.R.3d 814 ( Ky. 1962 ).

Research References and Practice Aids

Cross-References.

Administrative regulations, adoption date and effective date, KRS 13A.330 .

Experiment station; substation, KRS 247.020 .

Functions of experiment station, KRS 247.030 to 247.060 .

257.040. Places diseased animals prohibited.

No person who has in his possession any domestic animal infected with a reportable disease shall:

  1. Permit such an animal to run at large;
  2. Keep such an animal where other domestic animals, not affected with or previously exposed to the disease, may become infected with or exposed to it;
  3. Permit such an animal to go on, across, or along any public highway, or in any field or lot adjacent to any public highway, or in any field through which flows a stream; or
  4. Transport, sell, offer for sale, trade or give away such an animal, except upon permission or approval from the state veterinarian.

History. 63c-3; 2009, ch. 22, § 4, effective June 25, 2009.

NOTES TO DECISIONS

1.Indictment.

An indictment under this section must directly aver that defendant knew that animals were diseased. Commonwealth v. Garner, 210 Ky. 439 , 276 S.W. 126, 1925 Ky. LEXIS 699 ( Ky. 1925 ) (decided under prior law).

2.Action for Damages.

In action to recover damages resulting from defendant driving hogs diseased with cholera onto plaintiff’s premises plaintiff must allege that defendant knew or had reason to know that hogs were diseased. Alfrey v. Shouse, 163 Ky. 333 , 173 S.W. 792, 1915 Ky. LEXIS 224 ( Ky. 1915 ) (decided under prior law).

Research References and Practice Aids

Treatises

Kentucky Instructions To Juries (Civil), 5th Ed., Animals, §§ 15.04, 15.05.

ALR

Communicable disease, extent of liability of seller of livestock infected with. 14 A.L.R.4th 1096.

257.050. Violation of quarantine and concealing diseased animals prohibited.

No person shall willfully obstruct, evade or disregard any quarantine which the board declares, or violate any regulation for the prevention of the spread of communicable diseases among livestock, poultry, and fish, or conceal or attempt to conceal an animal infected with or exposed to a communicable disease.

History. 63c-5; 2009, ch. 22, § 5, effective June 25, 2009.

257.060. Importation of diseased animals prohibited — Violation of regulations.

  1. Except upon permission or approval from the state veterinarian, no person shall:
    1. Transport or in any other way bring into this state an animal that is infected with a communicable disease or that has within the previous thirty (30) days been exposed to a communicable disease; or
    2. Bring into this state any animal in violation of any order or regulation of the board that establishes an interstate quarantine to prevent the entrance of disease into this state.
  2. No common carrier shall transport any animal into this state in violation of law or regulations of the board.

History. 63c-4, 63c-6; 2009, ch. 22, § 6, effective June 25, 2009.

Research References and Practice Aids

Cross-References.

Importation of diseased bees, quarantine against, KRS 252.200 .

257.070. Animals to be imported according to regulations.

  1. The movement of domestic animals from other states into this state shall be made only in compliance with regulations of the board.
  2. Any animal brought into this state in violation of any regulation of the board shall:
    1. Be placed in quarantine until the necessary inspection or test has been completed by a representative or agent of the board. All expenses incident to the quarantine, including the inspection and testing, shall be borne by the owner; or
    2. Be removed from the state at the direction of the state veterinarian.

History. 63c-6; 2009, ch. 22, § 7, effective June 25, 2009.

257.075. Swine not to be imported without certificate of immunization. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 86, § 1) was repealed by Acts 1968, ch. 164, § 2.

257.080. Animal diseases to be reported.

Every veterinarian, laboratory, owner, or person having knowledge of the existence of any reportable disease of livestock, poultry, or fish within the state shall immediately report the disease to the state veterinarian. The department shall promulgate administrative regulations listing all reportable diseases of livestock, poultry, and fish and setting out the conditions under which the diseases shall be reported.

History. 63c-2; 2009, ch. 22, § 8, effective June 25, 2009.

257.090. Glandered animal — Destruction — Indemnity for. [Repealed.]

Compiler’s Notes.

This section (47, 47a, 1332) was repealed by Acts 1978, ch. 118, § 19, effective June 17, 1978.

257.100. Destruction of suffering, abandoned, or hopelessly diseased animal — “Abandonment” defined.

  1. Any peace officer, animal control officer, or any person authorized by the board may destroy or kill or cause to be destroyed or killed, any animal found abandoned and suffering and not properly cared for, or appearing to be injured, diseased, or suffering past recovery for any useful purpose.
  2. Before destroying the animal the officer shall obtain the judgment to that effect of a veterinarian, or of two (2) reputable citizens called by him to view the animal in his presence, or shall obtain consent to the destruction from the owner of the animal.
    1. Any animal placed in the custody of a licensed veterinarian for treatment, boarding, or other care, which shall be unclaimed by its owner or his agent for a period of more than ten (10) days after written notice by certified mail, return receipt requested, is given the owner or his agent at his last known address, shall be deemed to be abandoned and may be turned over to the nearest humane society or animal shelter or disposed of as the custodian may deem proper.
    2. The giving of notice to the owner, or the agent of the owner of the animal by the licensed veterinarian shall relieve the licensed veterinarian and any custodian to whom the animal may be given of any further liability for disposal.
  3. Abandonment shall constitute the relinquishment of all rights and claims by the owner to the animal.

History. 1246-2, 1246-3, 1246-4: amend. Acts 1976, ch. 109, § 1; 1980, ch. 114, § 56, effective July 15, 1980; 2004, ch. 189, § 27, effective July 13, 2004; 2009, ch. 22, § 9, effective June 25, 2009.

Research References and Practice Aids

Cross-References.

Cattle, horse, ass or mule, constable’s fee for killing and burying, KRS 64.190 .

257.105. Sale of unclaimed animals held by veterinarian.

  1. In addition to KRS 257.100 or any other provision authorized by law, any unclaimed animal held by a licensed veterinarian for more than ten (10) days of veterinary care and treatment requested by the owner or lawful possessor of the animal may be summarily sold by the veterinarian for the reasonable value of the animal upon compliance with the procedures set forth in this section.
  2. The veterinarian under subsection (1) of this section shall give written notice of the required payment for services performed and notice of the proposed sale of the animal to the owner or lawful possessor of the animal and to any lienholders of record by certified mail. If the whereabouts of the owner or lawful possessor of the animal cannot be ascertained with reasonable diligence, a notice of the proposed sale shall be published in a newspaper, qualified under KRS 424.120 , circulated in the county where the animal is located at least ten (10) days preceding the sale. The notice shall state the amount due and the date, place and time of sale.
  3. The proceeds of a sale under this section shall first be used to reimburse the veterinarian for an amount equal to the reasonable value of the veterinary care and treatment, plus any other care and board given the animal; the excess amount, if any, from a sale shall be paid to the owner or lawful possessor of the animal or to other persons legally entitled thereto. If the proceeds from the sale fail to cover the amount owed the veterinarian, the owner or lawful possessor of the animal shall remain liable for the unpaid portion.
  4. A sale under this section shall not relieve the owner or lawful possessor of the animal from any other obligation to the veterinarian.
  5. Any veterinarian making a sale provided for in this section shall make a sworn statement setting forth the following:
    1. The kind and number of animals sold;
    2. The amount realized from any such sale;
    3. The amount claimed due by the veterinarian;
    4. The name of the former owner or lawful possessor requesting the care and treatment performed by the veterinarian on the animal or animals sold;
    5. The dates when the treatment was commenced and was completed;
    6. The date or dates when notice of the proposed sale was given the owner or lawful possessor of the animal or animals sold;
    7. The description or the identification number of the animal or animals sold, and if branded, the brand thereon;
    8. The name and address of the veterinarian making the sale; and
    9. The name and address of the purchaser of the animal or animals sold.

The record shall be filed within five (5) days of the sale in the office of the county clerk of the county in which the sale is made.

History. Enact. Acts 1990, ch. 452, § 1, effective July 13, 1990; 2009, ch. 22, § 10, effective June 25, 2009.

Research References and Practice Aids

Kentucky Bench & Bar.

Schneiter, Equine Statutory Liens, Vol. 67, No. 4, July 2003, Ky. Bench & Bar 23.

257.110. Board may have diseased animals destroyed or slaughtered.

When the board or any of its authorized agents determines that any domestic animal is infected with or exposed to any communicable disease and that to prevent the spread of disease it is necessary to destroy or slaughter that animal, the animal shall be destroyed or slaughtered, and the owner indemnified as provided in KRS 257.120 .

History. 63c-7: amend. Acts 1990, ch. 97, § 1, effective July 13, 1990.

NOTES TO DECISIONS

Cited:

Spillman v. Beauchamp, 362 S.W.2d 33, 1962 Ky. LEXIS 253 , 2 A.L.R.3d 814 ( Ky. 1962 ).

257.115. Retest for brucellosis — Application, effect of negative finding. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1968, ch. 4) was repealed by Acts 2009, ch. 22, § 20, effective June 25, 2009.

257.120. Indemnity for destruction or slaughter of animal.

  1. Indemnities shall be paid by the state or federal government for animals mandated to be destroyed or slaughtered on account of a reportable or United States Department of Agriculture (USDA) program disease. The indemnities shall be based on fair market value as determined by the USDA or independent appraisal.
  2. No state-funded indemnity shall be paid for any animal unless it was the property of the person claiming indemnity, and was within the state, for a period of at least six (6) months prior to the time of the first test, except when animals are destroyed or slaughtered on account of a foreign animal or zoonotic disease.
  3. No indemnity shall be paid for any animal:
    1. Owned by the United States, the state or any county or city;
    2. Brought into this state in violation of the law or any regulation of the board;
    3. When the owner at the time of coming into possession of the animal had any reason to believe that it was infected; or
    4. When the board or its authorized agents have satisfactory evidence that the owner has been guilty of negligence in permitting the animal to become exposed to the communicable disease.

History. 63c-7: amend. Acts 1978, ch. 296, § 1, effective June 17, 1978; 1982, ch. 310, § 3, effective July 15, 1982; 2009, ch. 22, § 11, effective June 25, 2009.

257.130. Indemnity for materials destroyed.

In case of an epizootic of such character as to necessitate the destruction of property or materials to prevent the spread of disease, the property or materials shall be destroyed and indemnities paid as provided for in KRS 257.110 , 257.120 , 257.140 , and 257.150 .

History. 63c-7: amend Acts 1990, ch. 97, § 2, effective July 13, 1990; 2009, ch. 22, § 12, effective June 25, 2009.

257.140. Premises to be disinfected before indemnities paid.

The owner shall, before indemnities are paid, thoroughly clean and disinfect the premises and any animal that has been exposed to infection, as the board, or its authorized agent, may determine. The disinfection shall be done at the expense of the owner and under the supervision of the board or its authorized agent.

History. 63c-7: amend. Acts 1990, ch. 97, § 3, effective July 13, 1990.

257.150. Payment of state indemnity.

After carcass disposal, cleaning, and disinfection has been completed, the board shall execute a voucher upon the Finance and Administration Cabinet for the amount of the indemnity due the owner, for payment from funds appropriated for this purpose. The voucher shall be approved by the state veterinarian and the chairman of the board. When the check for payment is issued by the State Treasurer, he shall forward it to the chairman of the board who shall pay it to the owner.

History. 63-7: amend. Acts 1990, ch. 97, § 4, effective July 13, 1990; 2009, ch. 22, § 13, effective June 25, 2009.

257.160. Disposition of carcasses — How and when made.

  1. All carcasses of domestic livestock, poultry, and fish which have died or which have been destroyed on account of any disease, except as determined and permitted by the state veterinarian or other representative of the board, shall be disposed of by:
    1. Complete incineration of the entire carcass and all of its parts and products;
    2. Boiling the carcass and all of its parts and products in water or heating it with steam at a temperature above boiling, continuously for two (2) hours or more;
    3. Burying the carcass and all of its parts and products in the earth at a point which is never covered with the overflow of ponds or streams and which is not less than one hundred (100) feet distant from any watercourse, sinkhole, well, spring, public highway, residence, or stable. The carcass shall be placed in an opening in the earth at least four (4) feet deep, the abdominal and thoracic cavities opened wide their entire length with a sharp instrument, and the entire carcass covered with two (2) inches of quicklime and at least three (3) feet of earth.
    4. Removal of the carcass by a duly-licensed rendering establishment;
    5. Deposition of the carcass in a contained landfill approved pursuant to KRS Chapter 224;
    6. Composting of the carcass in a facility according to the board’s administrative regulations and approved in accordance with KRS Chapter 224;
    7. Any combination of the methods set forth in paragraphs (a) to (f) of this subsection; or
    8. Any other scientifically-proven method of disposal approved by the board.
  2. The owner shall dispose of the carcass of domestic livestock, poultry, and fish as provided in subsection (1) of this section, within forty-eight (48) hours after the carcass is found unless the carcass is otherwise preserved in cold storage.
  3. The board is authorized to promulgate administrative regulations to implement this section.

History. 63-8: amend. Acts 1980, ch. 188, § 233, effective July 15, 1980; 1996, ch. 58, § 2, effective July 15, 1996; 2009, ch. 22, § 14, effective June 25, 2009.

NOTES TO DECISIONS

1.Action for Damages.

In action by owner of hogs for damages for death of hogs alleged to have been caused by failure of adjoining landowner to properly dispose of carcasses of hogs which had died of a contagious disease, where only disease disclosed in evidence was hog cholera, court was not required, in instructing jury, to define “communicable disease” as in KRS 257.010 or to mention any disease other than hog cholera. Dalzell v. McClintock, 294 Ky. 319 , 171 S.W.2d 467, 1943 Ky. LEXIS 442 ( Ky. 1943 ).

In action by owner of hogs for damages for death of hogs alleged to have been caused by failure of adjoining landowner to properly dispose of carcasses of hogs which had died of cholera, plaintiff had burden of proving that his hogs contracted disease because of defendant’s failure to comply with this statute. Dalzell v. McClintock, 294 Ky. 319 , 171 S.W.2d 467, 1943 Ky. LEXIS 442 ( Ky. 1943 ).

Cited:

Commonwealth v. Wiman, 308 Ky. 565 , 215 S.W.2d 283, 1948 Ky. LEXIS 1004 ( Ky. 1948 ).

Opinions of Attorney General.

Animal carcasses must be cremated, or boiled, or buried under three feet of earth. Any other method of disposal would be in violation of this section. OAG 92-97 .

Certain parties may experiment with the disposal of poultry carcasses by composting them. Since chickens are not animals under the definition of “animal,” the disposal of chicken carcasses are not subject to regulation under this section. OAG 92-97 .

Research References and Practice Aids

Treatises

Kentucky Instructions To Juries (Civil), 5th Ed., Animals, §§ 15.04, 15.05.

257.170. Loading of carcasses with live animals prohibited.

An animal carcass shall not be loaded in cars, crates, boats, wagons or other vehicles containing live animals, except on special permit from the state veterinarian.

History. 63c-10; 2009, ch. 22, § 15, effective June 25, 2009.

257.180. Importation of animal disease producing agent prohibited unless approved — Sales restricted.

  1. No corporation, company, partnership, organization, or individual shall ship, transport, or cause to be imported into the Commonwealth of Kentucky any live unattenuated pure culture of a pathogenic bacteria, virus, or disease-producing agent of animal origin unless a permit is secured from the United States Department of Agriculture and the board. All biologics for immunization or treatment offered for sale, use, or distribution in the Commonwealth shall be approved by the United States Department of Agriculture or the board.
  2. No live or modified live viruses, vaccines, antigens, or disease-producing organisms shall be sold to any person, firm, or corporation in the Commonwealth of Kentucky unless such person, firm, or corporation shall be a licensed veterinarian, druggist, firm, or corporation authorized under the Kentucky statutes to receive, hold, and sell biologics.

History. 63a-11(5): amend. Acts 1968, ch. 164, § 1.

257.190. Manufacture and use of hog serum. [Repealed.]

Compiler’s Notes.

This section (61c-11) was repealed by Acts 1968, ch. 164, § 2.

257.192. Kentucky Livestock Care Standards Commission — Members.

The Kentucky Livestock Care Standards Commission is hereby created to make recommendations to the board to establish, maintain, or revise standards governing the care and well-being of on-farm livestock and poultry. The commission shall be attached to the Department of Agriculture for administrative purposes and shall consist of sixteen (16) members as follows:

  1. The state veterinarian, who shall be a nonvoting member;
  2. The co-chairs of the Interim Joint Committee on Agriculture, who shall be nonvoting, ex officio members; and
  3. Thirteen (13) voting members as follows:
    1. The Commissioner or the Commissioner’s designee, who shall serve as chair;
    2. The dean of the University of Kentucky College of Agriculture or the dean’s designee;
    3. The chair of the Animal Control Advisory Board or the chair’s designee;
    4. The director of the University of Kentucky Livestock Disease Diagnostic Center or the director of the Murray State University Breathitt Veterinary Center. Each director shall serve one (1) year terms on a rotating basis;
    5. Four (4) members appointed by the Governor as follows:
      1. One (1) person selected from a list of three (3) submitted by the Kentucky Farm Bureau;
      2. One (1) person selected from a list of three (3) submitted by the Kentucky County Judge/Executive Association;
      3. One (1) veterinarian selected from a list of three (3) submitted by the Kentucky Veterinary Medical Association. The veterinarian’s practice shall include working on one (1) or more of the species named in paragraph (f) of this subsection; and
      4. One (1) citizen at large with an interest in food safety; and
    6. Five (5) members actively engaged in farming and appointed by the Governor with assistance by the department. The department shall contact commodity organizations named in this paragraph, collect a list of potential representatives from the organizations, and deliver the list to the Governor. The Governor shall appoint:
      1. One (1) active producer from the list submitted by Kentucky commodity organizations representing bovine species;
      2. One (1) active producer from the list submitted by Kentucky commodity organizations representing ovine and caprine species;
      3. One (1) active producer from the list submitted by Kentucky commodity organizations representing porcine species;
      4. One (1) active producer from the list submitted by Kentucky commodity organizations representing equine species; and
      5. One (1) active producer from the list submitted by Kentucky commodity organizations representing poultry species.

History. Enact. Acts 2010, ch. 106, § 7, effective July 15, 2010.

257.194. Terms of commission members — Meetings — Appointments — Quorum.

  1. Initial terms of appointed members shall be staggered by the Governor. Thereafter, terms shall be for four (4) years or until their successors are duly appointed and qualified. Vacancies on the commission shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
  2. The commission shall meet at the call of the chair or a majority of the voting members.
  3. The Governor shall name the appointed members of the commission by August 1, 2010.
  4. No members of the commission shall be a lobbyist as defined by KRS 11A.010 .
  5. No appointed member of the commission shall concurrently serve on the board.
  6. A majority of the voting members shall:
    1. Constitute a quorum for conducting business; and
    2. Be required in order for the commission to take any action.

History. Enact. Acts 2010, ch. 106, § 8, effective July 15, 2010.

257.196. Commission to recommend on-farm livestock and poultry care standards to board — Approval or rejection — Administrative regulations — Construction — Preemption.

  1. The commission shall make recommendations to the board to establish, maintain, or revise standards governing the care and well-being of on-farm livestock and poultry. The board shall approve or reject recommendations within ninety (90) days of receiving recommendations. If approved, the board shall promulgate administrative regulations establishing the standards within thirty (30) days of approval. If rejected, the board shall notify the commission in writing within thirty (30) days of the rejection, and shall list the reasons for the rejection. The board shall not establish, maintain, or revise on-farm livestock and poultry care standards without a recommendation by the commission.
  2. Before recommending on-farm livestock and poultry care standards to the board, the commission may consult with agricultural representatives from Kentucky State University, Western Kentucky University, Eastern Kentucky University, Morehead State University, and Murray State University.
  3. When developing recommendations for on-farm livestock and poultry care standards to the board, the commission shall consider factors that include but are not limited to:
    1. Animal well-being and agricultural best management practices;
    2. Herd health; and
    3. Safe, affordable, healthy food supplies for consumers.
  4. Nothing in this section shall be construed to abrogate the regulatory authority of:
    1. The Kentucky Horse Racing Commission to inspect, investigate, and supervise horses and other participants in horse racing as provided by KRS Chapter 230 and the administrative regulations promulgated under KRS Chapter 230, or any other law applicable to the regulation of horse racing in the Commonwealth;
    2. The Kentucky Board of Veterinary Examiners to license and certify veterinarians as provided by KRS Chapter 321 and the administrative regulations promulgated under KRS Chapter 321, or any other law applicable to the regulation of veterinarians in the Commonwealth; or
    3. The Board of Agriculture to prevent, control, or eradicate any communicable disease of on-farm livestock or poultry as provided by this chapter and the administrative regulations promulgated under this chapter, or any other law applicable to the prevention, control, or eradication of communicable diseases of on-farm livestock or poultry.
    1. A city, town, county, urban-county, charter county, consolidated local government, unified local government, or other political subdivision of the Commonwealth shall not adopt any ordinance, resolution, rule, or regulation regarding on-farm livestock or poultry care that is more stringent than the administrative regulations promulgated by the board under subsection (1) of this section. Local legislation in violation of this subsection is void and unenforceable.
    2. Nothing in this subsection shall be construed to preempt any local ordinance or regulation affecting planning and zoning adopted in accordance with KRS Chapter 100.
    3. The provisions of paragraph (a) of this subsection shall not affect ordinances, resolutions, rules, or regulations adopted before July 15, 2010.

History. Enact. Acts 2010, ch. 106, § 9, effective July 15, 2010.

Legislative Research Commission Note.

(7/15/2010). A reference to the “Kentucky Horse Racing Authority” in subsection (4) of this section, as created by 2010 Ky. Acts ch. 106, sec. 9, has been changed in codification to the “Kentucky Horse Racing Commission” to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. This change was made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

257.200. Manufacture of hog serum at experiment station; sale price. [Repealed.]

Compiler’s Notes.

This section (2089a-1, 2089a-2, 2089a-3) was repealed by Acts 1968, ch. 164, § 2.

257.210. State veterinarian.

  1. The board shall appoint the state veterinarian.
  2. The state veterinarian shall be a licensed veterinarian who has practiced veterinary medicine for at least five (5) years prior to his or her appointment.
  3. The state veterinarian shall serve for a term of four (4) years and until a successor has been appointed.
  4. He or she shall be subject to removal from office by the board at any time for cause.
  5. The office of the state veterinarian shall be in the Department of Agriculture.

History. 63c-16; 2020 ch. 13, § 1, effective March 16, 2020.

NOTES TO DECISIONS

Cited:

Robertson v. Schein, 305 Ky. 528 , 204 S.W.2d 954, 1947 Ky. LEXIS 1051 ( Ky. 1947 ).

257.220. Compensation of state veterinarian. [Repealed.]

Compiler’s Notes.

This section (63c-16: amend. Acts 1948, ch. 18) was repealed by Acts 1950, ch. 123, § 29. For present law see KRS 64.640 .

257.230. Functions of state veterinarian.

The state veterinarian shall be an agent of the board, shall enforce the administrative regulations of the board pertaining to livestock, poultry, and fish and, under the direction of the board, shall supervise and control the action of all deputies, inspectors, agents and specialists within the Office of the State Veterinarian. He or she shall devote his or her entire time to the duties of the office. He or she shall recommend from time to time such changes in the administrative regulations of the board, as he or she deems necessary, and do all other things necessary and proper for the successful enforcement of this chapter.

History. 63c-16, 63c-17; 2021 ch. 150, § 2, effective March 29, 2021; 2022 ch. 215, § 8, effective July 14, 2022.

257.240. Deputy state veterinarian.

  1. Upon the recommendation of the state veterinarian, the board may within its discretion appoint a deputy state veterinarian.
  2. The deputy state veterinarian shall hold office for a term of four (4) years and until a successor has been elected and qualified. He or she shall be subject to removal from office by the board at any time for cause.
  3. The deputy state veterinarian shall be a licensed veterinarian who has practiced veterinary medicine for at least three (3) years prior to his or her appointment.

History. 63c-16: amend. Acts 1950, ch. 123, § 29; 2020 ch. 13, § 2, effective March 16, 2020.

Compiler’s Notes.

This section formerly contained four subsections. However, subsection (4) was repealed by Acts 1950, ch. 123, § 29.

257.250. Functions of deputy state veterinarian.

The deputy state veterinarian shall assist the state veterinarian in the enforcement of the regulations of the board, and shall in the absence or incapacity of the state veterinarian be executive agent of the board with the same duties and powers as the state veterinarian. He shall devote his entire time to the duties of his office.

History. 63c-17.

257.260. State livestock inspector. [Repealed.]

Compiler’s Notes.

This section (63c-15) was repealed by Acts 2009, ch. 22, § 20, effective June 25, 2009.

257.270. Board may employ veterinarians.

The board may employ veterinarians for the purpose of carrying out the provisions of this chapter.

History. 63c-13: amend. Acts 1942, ch. 196, § 2; 1948, ch. 20; 1982, ch. 310, § 2, effective July 15, 1982.

257.280. County livestock inspector. [Repealed.]

Compiler’s Notes.

This section (63c-18) was repealed by Acts 1978, ch. 118, § 19, effective June 17, 1978.

257.290. Functions of county livestock inspector. [Repealed.]

Compiler’s Notes.

This section (63c-19) was repealed by Acts 1978, ch. 118, § 19.

257.300. Board may cooperate with other agencies.

The board may cooperate with the United States Department of Agriculture and with officials in charge of livestock, poultry, and fish sanitation in other states, or with any other agency that, in the opinion of the board, is for the best interests of the livestock, poultry, and fish industries, in maintaining interstate quarantine and in the prevention, control and eradication of any communicable disease in livestock, poultry, and fish.

History. 63c-15; 2009, ch. 22, § 16, effective June 25, 2009.

257.310. Birds that carry disease to be destroyed. [Repealed.]

Compiler’s Notes.

This section (63c-9) was repealed by Acts 2009, ch. 22, § 20, effective June 25, 2009.

257.315. Administrative regulations relating to ratites.

The Board of Agriculture shall promulgate administrative regulations relating to the health of, and disease control in, ratites.

History. Enact. Acts 1994, ch. 68, § 2, effective July 15, 1994.

Poultry

257.320. Definitions for KRS 257.330 to 257.350.

The term “baby chicks” or “baby poults” as used in KRS 257.330 to 257.350 means any domestic fowl under the age of six (6) weeks. The term “person” includes also firms and corporations.

History. Enact. Acts 1946, ch. 103, § 6.

257.330. Permit required for auction or community sale of baby chicks or poults — Application — Fee — Inspection — Destruction of diseased chicks or poults.

  1. Before any baby chicks or baby poults are offered for sale at any auction or auctions, sale barn, or community sale, except public sales conducted by farmers selling baby chicks or baby poults reared on their own premises, a permit shall be secured from the Division of Animal Health of the Department of Agriculture, or the state veterinarian.
  2. Any person who desires to offer baby chicks or baby poults for sale at any auction or auctions, sale barn, or community sale, shall apply to the division or the state veterinarian for a permit to hold the sale. A form shall be prescribed and furnished by the division. This application shall be submitted at least three (3) days before the sale to allow time for inspection of the chicks or poults offered, by a representative of the division or the state veterinarian before any chicks or poults are sold. This application shall be signed by the person who proposes to conduct the sale, together with the person who owns the property in or on which the sale is to be conducted, if the person who proposes to conduct the sale does not own the property. The application shall designate the date of the proposed sale, the number and breed of the chicks or poults to be offered for sale, and the person or firm by whom they were produced, and shall be accompanied by a fee in the sum of one dollar ($1) per hundred (100) chicks or poults to be offered for sale. The division or the state veterinarian shall be authorized in their discretion to grant or to deny the permit requested in the application, and if deemed necessary or advisable to require the applicant to submit a certificate in a form as the division or the state veterinarian may prescribe, certifying that the baby chicks or baby poults which may be offered for sale are in healthy condition.
  3. On inspection by the representative of the division or state veterinarian, if the chicks or poults offered for sale are found to be diseased, the representative may confiscate all chicks or poults found to be diseased and may destroy the chicks and poults.

History. Enact. Acts 1946, ch. 103, §§ 1, 2, 5; 2002, ch. 49, § 7, effective July 15, 2002.

257.340. Labeling of containers for chicks or poults.

Before any such chicks or poults are offered for sale, or sold, each box, crate, coop or other container shall be plainly labeled with an appropriate statement giving the kind and number of chicks or poults in each container, the date on which such chicks or poults were hatched, and by whom hatched, and any other representations at or prior to the time of sale relative to the purity of the breed, the freedom of such chicks or poults from disease, such as chick bronchitis, and official certification that tests have been made on the parent stock for pullorum disease and that such flock is United States pullorum-tested, United States pullorum-controlled, United States pullorum-passed or United States pullorum-clean. The container should also specify whether it contains males, females or unsexed chicks or poults.

History. Enact. Acts 1946, ch. 103, § 3.

257.350. Reports of sales — Liability of seller on guarantees.

Within three (3) days after the sale, the person who conducted the sale shall submit a statement to the Division of Animal Health of the Department of Agriculture or the state veterinarian, giving a complete list of the number and kind of baby chicks or poults sold, name and address of each purchaser, together with a copy of representation and guarantee made in relation to the sale, if any were made by the person who conducted the sale, and the person conducting the sale shall be held to have had full knowledge of the representations and guarantees made at the time of the sale and shall be as fully responsible and liable for any representation and guarantee as is the person who set forth the representation and guarantee on the containers as provided in KRS 257.340 .

History. Enact. Acts 1946, ch. 103, § 4; 2002, ch. 49, § 8, effective July 15, 2002.

257.360. Revolving fund for Department of Agriculture.

All money collected under the provisions of KRS 257.330 to 257.350 shall be paid to the State Treasurer and by him placed in a revolving fund to be used by the Kentucky Department of Agriculture for the purpose of enforcing the provisions of KRS 257.330 to 257.350 .

History. Enact. Acts 1946, ch. 103, § 9.

257.370. Pullorum disease — State and federal cooperation in regulations to control.

In order to promote the poultry industry of this state, the Division of Animal Health of the Department of Agriculture is hereby authorized to cooperate with the United States Department of Agriculture in the promulgation and enforcement of regulations for the control and eradication of pullorum disease.

History. Enact. Acts 1948, ch. 165, § 1; 2002, ch. 49, § 9, effective July 15, 2002.

257.380. Regulations by Division of Animal Health to enforce KRS 257.370 to 257.460.

The Division of Animal Health is hereby authorized to promulgate administrative regulations as may be necessary, after public hearing following due public notice, to carry out the provisions of KRS 257.370 to 257.460 .

History. Enact. Acts 1948, ch. 165, § 2; 2002, ch. 49, § 10, effective July 15, 2002.

Research References and Practice Aids

Cross-References.

Administrative regulations, adoption date and effective date, KRS 13A.330 .

257.390. Importation of poultry over five months of age.

Chickens, turkeys, or other poultry over five (5) months of age intended for breeding purposes shall not be imported into the state unless they have passed a negative agglutination test for pullorum disease under the supervision of a Division of Animal Health authority of the Office of State Veterinarian within thirty (30) days preceding date of importation, or have originated from flocks authoritatively participating in a pullorum control and eradication phase of the National Poultry Improvement Plan or other USDA-administered plan.

History. Enact. Acts 1948, ch. 165, § 3; 2002, ch. 49, § 11, effective July 15, 2002; 2005, ch. 115, § 2, effective June 20, 2005.

257.400. Newly hatched poultry and hatching eggs must originate from approved flocks.

Hatching eggs and all poultry under five (5) months of age including baby chicks, started chicks, turkey poults, and other newly hatched domestic poultry except those intended for immediate slaughter which may be imported into the state under permit issued by the Division of Animal Health of the Office of State Veterinarian, and sold or offered for sale in this state, shall have originated from flocks that meet the pullorum requirements of the National Poultry Improvement Plan or other USDA-administered plan, and the regulations promulgated by authority of KRS 257.370 to 257.460 for the control and eradication of pullorum disease. Nothing in KRS 257.370 to 257.460 , however, shall require any hatchery, dealer, or flock owner to participate in the National Poultry Improvement Plan.

History. Enact. Acts 1948, ch. 165, § 4; 2002, ch. 49, § 12, effective July 15, 2002; 2005, ch. 115, § 3, effective June 20, 2005.

257.410. Importation of newly hatched poultry and hatching eggs — Labels.

Hatching eggs and all poultry under five (5) months of age, including baby chicks, started chicks, turkey poults, other newly hatched domestic poultry, except those intended for immediate slaughter, that are imported into this state shall have originated in flocks that meet the pullorum requirements of the National Poultry Improvement Plan, or other USDA-administered plan, and the administrative regulations promulgated by authority of KRS 257.370 to 257.460 . Every container of poultry under five (5) months of age, including baby chicks, started chicks, turkey poults, and any other newly hatched domestic poultry, except those intended for immediate slaughter, and hatching eggs imported into this state shall bear an official label or certificate showing the name and address of the importer, the authority under which the testing for pullorum disease was done, and the pullorum control and eradication class of the product, the use of the certificate or label to be approved by the official state agency or the Division of Animal Health official of the state of origin.

History. Enact. Acts 1948, ch. 165, § 5; 2002, ch. 49, § 13, effective July 15, 2002; 2005, ch. 115, § 4, effective June 20, 2005.

257.420. Permits for hatcheries and dealers in chicks or eggs.

No person, firm, or corporation shall operate a public hatchery, and no person, dealer, jobber, peddler, or huckster in baby chicks, started chicks, turkey poults, other newly hatched domestic poultry, and hatching eggs shall operate as a public hatchery within this state without obtaining an annual permit from the Division of Animal Health to so operate, and paying a permit fee of ten dollars ($10) per annum. This is not intended to require a permit of hatcheries, chick dealers, chick salesmen, or corporations selling less than one thousand (1,000) chicks per year, or egg dealers selling less than thirty-five hundred (3,500) eggs per year.

History. Enact. Acts 1948, ch. 165, § 6; 2002, ch. 49, § 14, effective July 15, 2002.

Research References and Practice Aids

ALR

Construction and effect of restrictive covenant in deed or conveyance specifically prohibiting or limiting the keeping of animals, such as livestock, fowl, etc., on the premises. 89 A.L.R.2d 990.

Keeping poultry as nuisance. 2 A.L.R.3d 965.

257.430. Permit year.

The permit year shall extend from July 1 of each year to June 30 of the following year.

History. Enact. Acts 1948, ch. 165, § 10.

257.440. Refusal, suspension, or revocation of permit — Appeal.

Any permit may be suspended or canceled by the Division of Animal Health, after opportunity for a hearing to be conducted in accordance with KRS Chapter 13B, for any violation of KRS 257.370 to 257.460 or the regulations promulgated under KRS 257.370 to 257.460 . Any person who is refused a permit or whose permit is revoked after a hearing may appeal the final order to the Circuit Court of Franklin County in accordance with KRS Chapter 13B.

History. Enact. Acts 1948, ch. 165, § 8; 1996, ch. 318, § 182, effective July 15, 1996; 2002, ch. 49, § 15, effective July 15, 2002.

257.450. Quarantine of illegally produced or imported eggs or poultry — Destruction.

All poultry of whatever age or species and all hatching eggs that are sold or offered for sale within this state or enter into this state not in compliance with the provisions of KRS 257.370 to 257.460 shall be quarantined by the Division of Animal Health. Where possible, the division shall make the tests necessary to determine whether or not pullorum disease is present in any of the quarantined poultry. With respect to all other poultry where tests are not possible, and to hatching eggs, sufficient proof must be presented that they have originated from approved flocks. The poultry or flocks found to be infected with pullorum disease, and the poultry and hatching eggs lacking the required proof of origin from approved flocks, shall be destroyed.

History. Enact. Acts 1948, ch. 165, § 9; 1950, ch. 10, § 1; 2002, ch. 49, § 16, effective July 15, 2002.

257.460. Revolving fund for enforcement.

All money collected under the provisions of KRS 257.370 to 257.450 shall be paid to the State Treasurer and by him placed in a revolving fund to be used by the Kentucky Department of Agriculture for the purpose of enforcing the provisions of KRS 257.370 to 257.450 .

History. Enact. Acts 1948, ch. 165, § 11.

Research References and Practice Aids

Cross-References.

Revolving, trust and agency funds, KRS 45.253 .

257.470. Access for enforcement.

For the purpose of enforcing the provisions of KRS 257.330 to 257.440 , the inspectors of the Division of Animal Health shall have free access to any premises or vehicles for the purpose of inspection.

History. Enact. Acts 1950, ch. 10, § 2; 2002, ch. 49, § 17, effective July 15, 2002.

Equines

257.472. Kentucky Equine Health and Welfare Council — Duties — Members — Meetings — Construction of KRS 257.472 to 257.476.

  1. The Kentucky Equine Health and Welfare Council is hereby established and shall be attached to the Kentucky Department of Agriculture for administrative purposes only. The council shall:
    1. Assist, advise, and consult with the commission created by KRS 257.192 on equine health and welfare issues;
    2. Act to maintain the health, welfare, and safety of equines in the Commonwealth; and
    3. Carry out the duties assigned to the council in KRS 257.474 .
  2. The council shall be composed of thirteen (13) voting members and two (2) nonvoting ex officio members as follows:
    1. The Commissioner of Agriculture or his or her designee;
    2. The state veterinarian or his or her designee;
    3. One (1) representative of the University of Kentucky College of Agriculture Equine Initiative to be designated by the dean of the University of Kentucky College of Agriculture;
    4. One (1) representative of the University of Louisville Equine Industry Program to be designated by the dean of the College of Business;
    5. One (1) representative of equine education programs chosen by Morehead State University, Murray State University, or Western Kentucky University on a rotating basis at the pleasure of the university to serve a one (1) year term;
    6. The executive director of the University of Kentucky Livestock Disease Diagnostic Center, or his or her designee, or the executive director of the Murray State University Breathitt Veterinary Center, or his or her designee, who shall serve one (1) year terms on a rotating basis;
    7. One (1) representative of the Kentucky Farm Bureau Federation with an interest in equine issues;
    8. One (1) veterinarian representing the Kentucky Equine Health and Welfare Alliance Inc.;
    9. One (1) member representing the Kentucky Veterinary Medical Association;
    10. One (1) member to be appointed by the Governor from a list of three (3) nominees submitted by the Kentucky Horse Council;
    11. One (1) member representing organized horse rescue entities to be selected by the Governor from a listing of those who apply for membership on the council;
    12. Two (2) members at large who live in diverse regions of the state to be appointed by the Governor. Each member at large shall primarily represent one (1) of the following:
      1. Equine breeders and owners; and
      2. Agricultural interests;
    13. The chair of the Senate Standing Committee on Agriculture, who shall serve as a nonvoting ex officio member; and
    14. The chair of the House Standing Committee on Agriculture and Small Business, who shall serve as a nonvoting ex officio member.
  3. Initial terms of members serving under subsection (2)(c), (d), and (g) to (l) of this section shall be staggered by the Governor. Thereafter, terms shall be for four (4) years or until their successors are duly appointed and qualified. Vacancies on the council shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
  4. Consideration shall be given to racial and gender equity in the appointment of council members.
  5. The council shall elect one (1) of its members to serve as chair for a term of two (2) years.
  6. The council shall meet quarterly or upon the call of the chair. The first meeting of the council shall occur at the beginning of the quarter following appointments to the council.
  7. A quorum of the council shall consist of seven (7) voting members. A majority of the voting members present may act upon matters before the council.
  8. Members of the council shall serve without compensation.
  9. Nothing in KRS 257.472 to 257.476 shall be construed to infringe upon the regulatory authority of:
    1. The Kentucky Horse Racing Commission to inspect, investigate, and supervise horses and other participants in horse racing and breeders incentive funds as provided by KRS Chapter 230, administrative regulations promulgated under KRS Chapter 230, or any other law applicable to the regulation of horse racing in the Commonwealth;
    2. The Kentucky Board of Veterinary Examiners to license and certify veterinarians as provided by KRS Chapter 321, administrative regulations promulgated under KRS Chapter 321, or any other law applicable to the regulation of veterinarians in the Commonwealth; or
    3. The Kentucky Livestock Care Standards Commission to make recommendations to the Board of Agriculture to establish, maintain, or revise standards governing the care and well-being of on-farm livestock and poultry, or any other authority of the commission authorized under this chapter.

History. Enact. Acts 2010, ch. 106, § 1, effective July 15, 2010.

Legislative Research Commission Note.

(7/15/2010). A reference to the “Kentucky Horse Racing Authority” in subsection (9) of this section, as created by 2010 Ky. Acts ch. 106, sec. 1, has been changed in codification to the “Kentucky Horse Racing Commission” to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. This change was made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

(7/15/2010). The proposed Senate Committee Substitute to House Bill 398, which became 2010 Ky. Acts ch. 106, attached the text of Senate Bill 105/HCS to HB 398 and made several changes to the existing provisions, including the addition of paragraph (c) to subsection (9) of this statute. As drafted, paragraph (c) contained the phrase, “commission authorized under this Act.” After examination of the materials in the bill folder and consultation with the drafter, “this Act” was changed to “this chapter” during codification, as all sections of 2010 Ky. Acts ch. 106 are located in KRS Chapter 257. This substitution was made by the Reviser of Statutes under the authority of KRS 7.136(1)(f).

257.474. Duties and functions of council.

In addition to the duties relating to equine health and welfare matters set forth in KRS 257.472(1), the duties and functions of the council include but are not limited to:

  1. Undertaking research, conducting public hearings, and collecting data to determine the prevalent equine health and welfare issues;
  2. Striving to develop regional centers of care for unwanted, abused, neglected, or confiscated equines. The development of the centers may be undertaken in cooperation with state and local governments, private entities, universities, or other groups;
  3. Creating a system of voluntary certification of equine rescue and retirement operations that includes, at a minimum, industry-accepted standards of care for equines;
  4. Researching and offering suggestions to the commission for statutory changes affecting equine health, welfare, abuse, and neglect issues;
  5. Assisting veterinarians and others in maintaining the health and welfare of equines by identifying and referring to the appropriate authorities critical areas of need; and
  6. Submitting a written report annually to the Governor, the Department of Agriculture, and the Legislative Research Commission regarding its administrative, financial, and programmatic activities.

History. Enact. Acts 2010, ch. 106, § 2, effective July 15, 2010.

257.476. Equine health and welfare fund.

  1. The equine health and welfare fund is created in the State Treasury as a trust and agency account to be administered by the council for the purposes provided in this section.
  2. Notwithstanding KRS 45.229 , any moneys accruing to this fund in any fiscal year, including state appropriations, gifts, grants, federal funds, interest, and any other funds both public and private, shall not lapse but shall be carried forward to the next fiscal year.
  3. Any interest earnings of the fund shall become a part of the fund and shall not lapse.
  4. Moneys received in the fund shall be used for carrying out the provisions of KRS 257.472 to 257.476 .

History. Enact. Acts 2010, ch. 106, § 3, effective July 15, 2010.

General Provisions

257.480. Legislative policy declared.

It is the legislative policy that every Kentucky citizen exert the maximum local effort to enforce the livestock, poultry, and fish disease control programs in KRS 257.010 to KRS 257.470 and provide protection to the citizens and livestock, poultry, and fish of the Commonwealth.

History. Enact. Acts 1972, ch. 244, § 1; 2009, ch. 22, § 17, effective June 25, 2009.

257.490. Designation of employees as peace officers — Qualifications — Powers — Manual.

  1. The Commissioner shall have the power to employ persons to serve as peace officers. All persons employed as peace officers by the department shall meet the qualifications set forth in KRS 15.380 to 15.404 concerning officer certification and training.
  2. Officers employed by the department shall have full powers as peace officers and shall be limited to the enforcement of Department of Agriculture statutes and administrative regulations, except when it is necessary to enforce KRS Chapter 514 related to theft cases involving animals, KRS Chapter 516 related to forgery of animal health certificates, or KRS Chapter 525 related to animal cruelty, mistreatment, or torture.
  3. The department shall establish and maintain an operational procedures manual outlining specific actions to be taken by officers pursuant to this section.

History. Enact. Acts 1972, ch. 244, § 2; 1978, ch. 296, § 2, effective June 17, 1978; 2002, ch. 49, § 18, effective July 15, 2002; 2009, ch. 22, § 18, effective June 25, 2009.

Confidentiality of Information

257.495. Board not to release agricultural or food system information considered part of critical infrastructure — Exceptions.

  1. Except as provided in subsections (2) and (3) of this section, the board shall not release any agricultural or food system records, data, or information considered a part of the critical infrastructure. “Critical infrastructure” shall have the same meaning as in 42 U.S.C. sec. 5195 c(e).
  2. Any records, data, or information excluded under application of subsection (1) of this section shall be subject to inspection only upon order of a court of competent jurisdiction.
  3. Nothing in this section shall limit the release of records, data, or information to another state or federal agency if the release of the information is necessary to prevent or control disease or to protect public health, safety, or welfare.

History. Enact. Acts 2006, ch. 27, § 1, effective July 12, 2006.

257.497. National animal identification system — Voluntary system — Mandatory system — Restrictions on board — Exceptions.

  1. The board may promulgate administrative regulations necessary to carry out the provisions of the national animal identification system if the system becomes mandatory through final federal action in accordance with the Administrative Procedure Act, 5 U.S.C. sec. 500 et seq., as amended. If the system becomes mandatory, the administrative regulations shall be no more stringent than the federal law or regulations.
  2. As long as the national animal identification system is voluntary, the board shall not:
    1. Mandate or force participation in the system or any other similar system that regulates livestock or poultry, as defined by KRS 246.010 , including premise registration, animal identification, or the tracking or surveillance of livestock or poultry;
    2. Withhold indemnity as provided in KRS 257.120 and 257.130 based solely on nonparticipation in the national animal identification system; or
    3. Deny, revoke, or limit services, licenses, permits, grants, or other benefits or incentives to a person if that person does not participate in the national animal identification system.
  3. Nothing in this section shall be construed as prohibiting:
    1. The board from establishing or participating in disease control programs specifically designed to address a known disease in a specific species of livestock;
    2. The board from operating livestock identification, brand registration, or inspection programs as authorized under the Kentucky Revised Statutes; or
    3. Private agricultural industry organizations from establishing voluntary source verification programs for their own members or others who elect to participate.
  4. No city, town, county, or other political subdivision of the Commonwealth shall adopt or continue in effect any ordinance, resolution, rule, or regulation requiring participation in the national animal identification system or any other similar system that regulates livestock or poultry, as defined by KRS 246.010 , including premise registration, animal identification, or the tracking or surveillance of livestock or poultry. Local legislation in violation of this subsection shall be void and unenforceable.
  5. Except as provided in subsections (6) and (7) of this section, the board shall not release any records, data, or information collected, recorded, or otherwise, deemed confidential for the purposes of the national animal identification system.
  6. Any records, data, or information deemed confidential under application of subsection (5) of this section shall be subject to inspection only upon order of a court of competent jurisdiction.
  7. Nothing in this section shall limit the release of records, data, or information to another state or federal agency if the release of the information is necessary to prevent or control disease or to protect public health, safety, or welfare.

History. Enact. Acts 2006, ch. 27, § 2, effective July 12, 2006; 2008, ch. 85, § 1, effective July 15, 2008.

Livestock Dealers

257.510. Definitions for KRS 257.520 and 257.530. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 277, § 1; 2002, ch. 49, § 19, effective July 15, 2002) was repealed by Acts 2006, ch. 255, § 15, effective July 12, 2006.

257.520. Exceptions. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 277, § 2) was repealed, reenacted and amended as KRS 261.370 by Acts 2006, ch. 225, § 12, effective July 12, 2006.

257.530. License required — Renewal, records of transactions — Violations — License revocation or suspension — Review by Franklin Circuit Court. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 277, § 3; 1976, ch. 167, § 1; 1982, ch. 310, § 1, effective July 15, 1982; 1996, ch. 318, § 183, effective July 15, 1996) was repealed, reenacted and amended as KRS 261.375 by Acts 2006, ch. 225, § 13, effective July 12, 2006.

257.540. Restriction on regulations. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 167, § 3) was repealed, reenacted and amended as KRS 261.380 by Acts 2006, ch. 225, § 14, effective July 12, 2006.

Cervids

257.550. Kentucky Cervid CWD Surveillance and Identification Program.

  1. There shall be a ban on the importation of live members of the animal family Cervidae into the Commonwealth that have not been subject to a program of surveillance and identification for cervid chronic wasting disease (CWD) that meets or exceeds:
    1. The requirements of the Kentucky Cervid CWD Surveillance and Identification (CCWDSI) Program set forth in this section and in administrative regulations promulgated by the Kentucky Department of Agriculture; and
    2. Any other health requirements as regulated by the Kentucky Department of Agriculture or the United States Department of Agriculture for cervids.
  2. The Kentucky Department of Agriculture shall be responsible for authorizing importation of the members of the animal family Cervidae into the Commonwealth that have been subject to a program of surveillance and identification for cervid CWD that meets or exceeds:
    1. The requirements of the Kentucky CCWDSI Program set forth in this section and in administrative regulations promulgated by the Kentucky Department of Agriculture; and
    2. Any other health requirements as regulated by the Kentucky Department of Agriculture or the United States Department of Agriculture for cervids.
  3. Members of the animal family Cervidae shall not be eligible for importation into the Commonwealth unless the program of surveillance and identification for cervid CWD to which they have been subject:
    1. Has been certified by the exporting state’s state veterinarian or agency having jurisdiction over that state’s surveillance and identification program;
    2. Has been approved by the Kentucky state veterinarian as meeting or exceeding the standards imposed under the Kentucky CCWDSI Program; and
    3. Meets, at a minimum, the following requirements:
      1. The program shall require cervid owners to obtain identification and laboratory diagnosis from brain tissue as directed by the exporting state’s state veterinarian or agency with jurisdiction for cervids twelve (12) months of age or greater that:
        1. Display clinical signs of CWD;
        2. Die, including deaths by slaughter or by hunting, including hunting on hunting preserves; or
        3. Are ill or injured, regardless of whether the illness or injury results in death; and
      2. The program shall require cervid owners to obtain cervids from herds that have been monitored for at least five (5) years and that have complied with the standards contained in the Kentucky CCWDSI Program.
  4. Cervids originating from a state that has reported a confirmed case of CWD in wild or captive cervids shall not be imported into Kentucky until the United States Department of Agriculture approves:
    1. Regulations that allow importation from states with confirmed cases of CWD; and
    2. A live test for CWD that is available for live testing of cervids.
  5. Importation of members of the animal family Cervidae into the Commonwealth shall be consistent with this section and with administrative regulations promulgated by the Kentucky Department of Agriculture in cooperation with the Kentucky Department of Fish and Wildlife Resources.

History. Enact. Acts 2009, ch. 62, § 1, effective June 25, 2009.

257.552. Cervid holder in violation of state law or administrative regulation — Compliance timeframe — Quarantine.

If any person holding captive cervids regulated under KRS 150.725 to 150.735 is determined in violation of a Kentucky statute or administrative regulation pertaining to the health requirements, eradication of diseases, importation, and identification of those cervids, then that person shall have sixty (60) days from when the violation was identified to come into compliance. During the sixty (60) day period, the cervids shall be subject to quarantine by the Kentucky Department of Agriculture. The permit holder may request an administrative hearing pursuant to KRS Chapter 13B within thirty (30) days of the notice of violation and may appeal the final decision to Franklin Circuit Court in accordance with KRS Chapter 13B. If a final determination upholds the Kentucky Department of Agriculture, the permit holder’s cervids may be disposed of by the department without compensation to the owner.

History. Enact. Acts 2009, ch. 62, § 7, effective June 25, 2009.

Swine

257.600. Regulations on feeding of untreated garbage to swine —- Permit — Inspections.

The Department of Agriculture shall promulgate regulations governing the feeding of garbage to swine. The department may conduct such inspections as are required to enforce this section.

History. Enact. Acts 1982, ch. 286, § 1, effective April 2, 1982; 2009, ch. 22, § 19, effective June 25, 2009.

Penalties

257.990. Penalties.

    1. Except as provided by paragraph (b) of this subsection, any person who violates any administrative regulation promulgated by the board under the provisions of this chapter, for the violation of which no other penalty is provided in this section, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the first offense; for each subsequent offense he shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or be imprisoned not more than thirty (30) days, or both.
    2. This subsection shall not apply to administrative regulations promulgated under KRS 257.196 .
  1. Any person who violates KRS 257.040 shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
  2. Any person who violates KRS 257.050 shall be fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500) for the first offense; for each subsequent offense he shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), and shall be imprisoned for not less than sixty (60) days nor more than one hundred and twenty (120) days.
  3. Any person who violates subsection (1) of KRS 257.060 shall be fined not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) for the first offense; for each subsequent offense he shall be fined not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000), and shall be imprisoned for not less than sixty (60) days nor more than one hundred and twenty (120) days.
  4. Any person who violates subsection (2) of KRS 257.060 shall be fined not more than one thousand dollars ($1,000).
  5. Any person who violates any of the provisions of KRS 257.080 or 257.180 shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
  6. Any person who violates any of the provisions of KRS 257.160 shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the first offense. For each subsequent offense, he shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or be imprisoned not more than thirty (30) days, or both.
  7. Any person who violates any ruling of the board or who hinders any agent of the board in carrying out the duties assigned to him, or any officer who refuses to enforce the provisions of this chapter when called upon by the board to do so, or any other person who in any way attempts to hinder or obstruct the board in carrying out the provisions of this chapter shall be fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500) for each offense.
  8. Any person who violates any provision of KRS 257.330 to 257.350 or the regulations made thereunder for carrying out their provisions, or who fails or refuses to comply with or intends to deceive, or who answers or represents falsely in response to any requirement of KRS 257.330 to 257.350 , or who willfully interferes with the Office of State Veterinarian or their employees or agents, in the carrying out of their duties provided in KRS 257.330 to 257.350, shall be guilty of a misdemeanor. Any person who shall violate any of the provisions of KRS 257.330 to 257.350 shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not to exceed five hundred dollars ($500).
  9. Any person, firm, or corporation who shall violate any provision of KRS 257.370 to 257.460 or any rule or regulation made under authority thereof shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not to exceed five hundred dollars ($500) for each offense.
  10. Any person who resists, obstructs, interferes with, threatens, attempts to intimidate, or in any other manner interferes with an officer under KRS 257.490 or who willfully refuses to obey his lawful orders shall be fined not more than one thousand dollars ($1,000), or imprisoned in the county jail not more than thirty (30) days, or both.

History. 47, 47a, 63a-11(5), 63c-2 to 63c-6, 63c-8, 63c-11, 63c-14, 1332: amend. Acts 1942, ch. 196, § 2; 1946, ch. 86, § 2; 1946, ch. 103, §§ 7, 8; 1948, ch. 19, § 2; 1948, ch. 165, § 7; 1970, ch. 92, § 79; 1972, ch. 244, § 3; 1972, ch. 277, § 4; 1976, ch. 167, § 2; 1978, ch. 296, § 3, effective June 17, 1978; 1980, ch. 188, § 234, effective July 15, 1980; 1990, ch. 97, § 6, effective July 13, 1990; 1994, ch. 120, § 2, effective July 15, 1994; 2006, ch. 225, § 11, effective July 12, 2006; 2010, ch. 106, § 10, effective July 15, 2010.

Opinions of Attorney General.

The state veterinarian and his representatives have the authority and power to proceed to inspect and test cattle, wherever found, for contagious or communicable disease and any person who refuses to permit such inspection or testing will be subject to prosecution under KRS 246.990(2), 257.990(1) or 257.990(10). OAG 60-973 .

CHAPTER 258 Animal Control and Protection

258.005. Definitions for KRS 258.005 to 258.087.

As used in KRS 258.005 to 258.087 , unless the context requires otherwise:

  1. “Dog” means any canine three (3) months of age or older for which there exists a United States Department of Agriculture approved rabies vaccine;
  2. “Owner” means any person owning, keeping, or harboring a dog, cat, or ferret in Kentucky;
  3. “Veterinarian” means a licensed practitioner of veterinary medicine;
  4. “Qualified person” means a person granted a permit by the secretary for health and family services to vaccinate his own dog against rabies;
  5. “Vaccination” means the administration by a veterinarian or other qualified person of rabies vaccine approved by and administered in accordance with administrative regulations promulgated by the secretary for health and family services;
  6. “Cat” means any feline three (3) months of age or older for which there exists a United States Department of Agriculture approved rabies vaccine;
  7. “Animal control officer” means an individual who is employed or appointed by, or has contracted with:
    1. A city, county, urban-county, charter county, or consolidated local government to enforce the provisions of this chapter, the provisions of the Kentucky Revised Statutes relating to cruelty, mistreatment, sexual crimes against, or torture of animals, and local animal control ordinances; or
    2. An entity that has contracted with a city, county, urban-county, charter county, or consolidated local government to enforce the provisions of this chapter, the provisions of the Kentucky Revised Statutes relating to cruelty, mistreatment, sexual crimes against, or torture of animals, and local animal control ordinances;
  8. “Ferret” means any musteline three (3) months of age or older for which there exists a United States Department of Agriculture approved rabies vaccine; and
  9. “Quarantine” means the confinement of an animal for observation of clinical signs of illness indicating rabies infection, and the prevention of escape or contact with any person or other animal.

History. Enact. Acts 1954, ch. 119, § 1, effective June 17, 1954; 1974, ch. 74, Art. VI, § 107(1); 1978, ch. 37, § 1, effective June 17, 1978; 1998, ch. 426, § 514, effective July 15, 1998; 2004, ch. 189, § 2, effective July 13, 2004; 2005, ch. 99, § 568, effective June 20, 2005; 2019 ch. 184, § 2, effective June 27, 2019.

NOTES TO DECISIONS

Cited:

Board of Education v. Tierney, 280 S.W.2d 201, 1955 Ky. LEXIS 148 ( Ky. 1955 ); Tipton v. White, 287 S.W.2d 422, 1956 Ky. LEXIS 456 ( Ky. 1956 ); Upchurch v. Clinton County, 330 S.W.2d 428, 1959 Ky. LEXIS 200 ( Ky. 1959 ).

Opinions of Attorney General.

The administration of rabies vaccines is the practice of veterinary medicine pursuant to KRS 321.181(5)(a). However, the legislature in its power to regulate the health and safety of its citizens has authorized in KRS 258.015 and subsection (4) of this section two limited exceptions granting certain individuals temporary permits to administer rabies shots to dogs. OAG 92-155 .

Since the law requires that all dogs over four months old be given a rabies vaccine administered by a veterinarian or a qualified person pursuant to this section and KRS 258.015 and after the initial rabies vaccine, a dog must be re-vaccinated at the expiration of the immunization period as certified by the veterinarian. A dog owner is not exempted by virtue of KRS 321.200(1)(b) from the requirement that the dog must have a current rabies vaccination administered by either a veterinarian or other qualified person. OAG 92-155 .

Research References and Practice Aids

Northern Kentucky Law Review.

ADA Amendments Issue: Note: Monkeys and Horses and Ferrets Oh My! Non-Traditional Service Animals Under the ADA, 37 N. Ky. L. Rev. 415 (2010).

258.010. Definitions. [Repealed.]

Compiler’s Notes.

This section (68b-2, 68b-3: amend. Acts 1948, ch. 32) was repealed by Acts 1954, ch. 119, § 41.

258.015. Dogs, cats, and ferrets to be vaccinated against rabies — Issuance and distribution of certificates — Tags for dogs — Requirements for compliance by qualified persons — Cat and ferret owners.

  1. Every owner shall have his dog, cat, or ferret initially vaccinated against rabies by the age of four (4) months and revaccinated at the expiration of the immunization period as certified by the veterinarian. The veterinarian who vaccinates a dog, cat, or ferret shall issue to the owner a vaccination certificate on a form approved by the Cabinet for Health and Family Services. The vaccination certificate shall be prepared and issued in duplicate, one (1) copy to be retained by the issuing veterinarian and one (1) copy to be given to the owner of the dog, cat, or ferret vaccinated. Each certificate shall bear the name and address of the veterinarian who issued it. The veterinarian shall also furnish each dog owner with a rabies tag bearing a serial number corresponding to the vaccination certificate with the year of immunization. The tag shall be affixed to a collar or harness furnished by the owner and shall be worn by the dog for which the tag was issued. No one except the owner or his duly authorized agent shall remove the tag.
  2. Every qualified person who vaccinates his own dog shall comply with the vaccination certificate and tag requirement provisions of subsection (1) of this section.
  3. Every owner of a cat or ferret shall show proof of a valid rabies vaccination upon request of an animal control officer or peace officer.

History. Enact. Acts 1954, ch. 119, § 2, effective June 17, 1954; 1974, ch. 74, Art. VI, § 107(1); 1978, ch. 37, § 2, effective June 17, 1978; 1998, ch. 426, § 515, effective July 15, 1998; 2004, ch. 189, § 3, effective July 13, 2004; 2005, ch. 99, § 569, effective June 20, 2005; 2019 ch. 28, § 1, effective June 27, 2019.

Opinions of Attorney General.

Since KRS 258.145 (now repealed) require[d] all dogs to carry a license tag and this section requires all dogs to carry a rabies vaccination identification tag, all dogs are required to wear two tags to be within state law. OAG 79-186 .

The administration of rabies vaccines is the practice of veterinary medicine pursuant to KRS 321.181(5)(a). However, the Legislature in its power to regulate the health and safety of its citizens has authorized in this section and KRS 258.005(4) two limited exceptions granting certain individuals temporary permits to administer rabies shots to dogs. OAG 92-155 .

Since the law requires that all dogs over four (4) months old be given a rabies vaccine administered by a veterinarian or a qualified person pursuant to this section and KRS 258.015 and after the initial rabies vaccine, a dog must be re-vaccinated at the expiration of the immunization period as certified by the veterinarian. A dog owner is not exempted by virtue of KRS 321.200(1)(b) from the requirement that the dog must have a current rabies vaccination administered by either a veterinarian or other qualified person. OAG 92-155 .

258.020. Commissioner to enforce law. [Repealed.]

Compiler’s Notes.

This section (68b-32) was repealed by Acts 1954, ch. 119, § 41.

258.025. Secretary may exempt dogs from vaccination. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 119, § 3, effective June 17, 1954; 1974, ch. 74, Art. VI, § 107(1); 1978, ch. 37, § 3, effective June 17, 1978) was repealed by Acts 2004, ch. 189, § 31, effective July 13, 2004.

258.030. Owner may be summoned to produce dog in court; bond. [Repealed.]

Compiler’s Notes.

This section (68b-29a, 68b-29a-2) was repealed by Acts 1954, ch. 119, § 41.

258.035. Dog, cat, or ferret vaccinated in other state need not be revaccinated.

Any owner who has had his dog, cat, or ferret vaccinated against rabies in another state by the proper authority shall not be required to have the dog, cat, or ferret revaccinated when brought into this state provided the requirements of the state under which the vaccination was made were of a standard not lower than those required in this state, and provided further that the dog wears a tag affixed to its collar or harness bearing the year of the vaccination and the owner of the cat or ferret shows proof of a valid rabies vaccination. One (1) year after the date of the vaccination, the dog, cat, or ferret shall be revaccinated unless provided otherwise by administrative regulations promulgated by the secretary for health and family services. The secretary for health and family services may promulgate administrative regulations governing the matter of reciprocity with other states.

History. Enact. Acts 1954, ch. 119, § 4, effective June 17, 1954; 1998, ch. 426, § 516, effective July 15, 1998; 2004, ch. 189, § 4, effective July 13, 2004; 2005, ch. 99, § 570, effective June 20, 2005.

258.040. Proceedings against dog; dog may be ordered destroyed; county attorney’s fee; record. [Repealed.]

Compiler’s Notes.

This section (68b-29a-1, 68b-29a-3) was repealed by Acts 1954, ch. 119, § 41.

258.043. Mass immunization clinics.

  1. A local health department may sponsor mass rabies immunization clinics and shall contract with local veterinarians to administer the rabies vaccine. If the services of veterinarians are not available in the area, the local health department may contract with other veterinarians. The cabinet shall promulgate administrative regulations to establish a reasonable fee, not to exceed administrative costs of the program, to be charged to the owner of each dog, cat, or ferret to help defray the cost of the clinic.
  2. No owner shall be required to have his dog, cat, or ferret vaccinated at a public clinic if he elects to have his dog, cat, or ferret vaccinated privately by a veterinarian of his choice.
  3. No owner shall be required to have his dog vaccinated at a public clinic if he is a qualified person and elects to vaccinate his dog himself.

History. Enact. Acts 1978, ch. 37, § 4, effective June 17, 1978; 1994, ch. 260, § 1, effective July 15, 1994; 1998, ch. 426, § 517, effective July 15, 1998; 2004, ch. 189, § 5, effective July 13, 2004; 2018 ch. 136, § 18, effective July 1, 2019.

258.045. Vaccination by veterinarians and other persons — Fees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 119, § 5) was repealed by Acts 1978, ch. 37, § 7, effective June 17, 1978.

258.050. Appeal to circuit court; bond. [Repealed.]

Compiler’s Notes.

This section (68b-29a-1, 68b-29a-2) was repealed by Acts 1954, ch. 119, § 41.

258.055. Quarantine in case of rabies epidemic — Emergency vaccinations.

If a local board of health has reason to believe or has been notified by the Cabinet for Health and Family Services that there is danger that rabies may spread within the county, the board shall publish a notice requiring owners of specified animals in the affected area of the county to confine the animals for any periods that may be necessary to prevent the spread of rabies. If it is deemed advisable in the interest of public health, the local board of health shall order all specified animals in the affected area to be vaccinated against rabies, except animals that have been vaccinated within the past six (6) months under the provisions of KRS 258.005 to 258.087 . If the local board fails or neglects to order a vaccination, the Cabinet for Health and Family Services shall do so. The Cabinet for Health and Family Services may aid the local health department in the execution of any emergency vaccinations.

History. Enact. Acts 1954, ch. 119, § 6, effective June 17, 1954; 1998, ch. 426, § 518, effective July 15, 1998; 2004, ch. 189, § 6, effective July 13, 2004; 2005, ch. 99, § 571, effective June 20, 2005.

258.060. Commonwealth’s and county attorney to prosecute case upon appeal. [Repealed.]

Compiler’s Notes.

This section (68b-29a-3) was repealed by Acts 1954, ch. 119, § 41.

258.065. Physicians to report persons bitten by dogs, cats, ferrets, and other animals — Reporting when local health department is closed.

  1. Except as provided in subsection (2) of this section, every physician shall, within twelve (12) hours after his first professional attendance of a person bitten by a dog, cat, ferret, or other animal, report to the local health department the name, age, sex, and precise location of the person so bitten. If a child is bitten and no physician attends, the report shall be made by his parents or guardian. If an adult is bitten and no physician attends, he or the person caring for him shall make the report.
  2. If the local health department is closed when a physician, parent, guardian, or other adult attends to a bitten person, the physician, parent, guardian, or other adult shall report the incident on the next working day of the health department.

History. Enact. Acts 1954, ch. 119, § 7, effective June 17, 1954; 2004, ch. 189, § 7, effective July 13, 2004.

258.070. Mad dog to be ordered killed; fee; concealment prohibited. [Repealed.]

Compiler’s Notes.

This section (68a-9) was repealed by Acts 1954, ch. 119, § 41.

258.075. Secretary for health services to administer rabies law.

The secretary for health and family services may administer the provisions of KRS 258.005 to 258.087 through the local health departments and may promulgate any administrative regulations and employ such personnel as are necessary to effectuate the purposes of KRS 258.005 to 258.087 .

History. Enact. Acts 1954, ch. 119, § 8, effective June 17, 1954; 1998, ch. 426, § 519, effective July 15, 1998; 2004, ch. 189, § 8, effective July 13, 2004; 2005, ch. 99, § 572, effective June 20, 2005.

NOTES TO DECISIONS

Cited:

Tipton v. White, 287 S.W.2d 422, 1956 Ky. LEXIS 456 ( Ky. 1956 ).

Opinions of Attorney General.

Where the state board of health (now secretary for human resources) has issued a regulation pursuant to its authority, any city ordinance which is in conflict with the regulation would be invalid. OAG 72-743 .

258.080. Dogs that may be killed by any person. [Repealed.]

Compiler’s Notes.

This section (68a-9, 68b-21, 68b-24) was repealed by Acts 1954, ch. 119, § 41.

258.085. Quarantine of animals suspected of having rabies — Destruction of animal in lieu of quarantine — Exceptions — Head of animal suspected of being rabid to be sent to laboratory.

    1. A health officer or his agent shall have the authority to quarantine for a period not to exceed:
      1. One hundred eighty (180) days any animal bitten by another animal known or suspected to have rabies;
      2. Ten (10) days any dog, cat, or ferret which has bitten a human being; or
      3. Ten (10) days any dog, cat, or ferret which exhibits symptoms of rabies.
    2. In lieu of the quarantines provided in paragraph (a) of this subsection, a health officer or his agent may order an animal to be destroyed and tested for rabies.
    3. If a wild or exotic animal bites a human being or exhibits symptoms of rabies, that animal shall be destroyed and tested for rabies.
    4. Service animals, as defined in KRS 525.010 , and service animals in training, that are vaccinated in accordance with KRS 258.015 , are under the control of a law enforcement agency, and are acting in the line of duty, shall be exempt from the quarantine described in paragraph (a)2. of this subsection.
  1. If an animal dies with rabies, is suspected of having died with rabies, or is destroyed because of having been suspected of being rabid, the owner, if known, whether the animal had been previously quarantined or not, shall send the head of the animal to a laboratory approved by the secretary for health and family services to be tested for rabies.
    1. The owner of any animal quarantined or tested under this section shall be liable for any expenses incurred as a result of the quarantine or testing.
    2. Any owner who destroys or disposes of an animal that has bitten a human being shall be liable for any rabies postexposure treatment if the animal is destroyed or disposed of in a manner that does not allow for rabies testing or quarantine.

History. Enact. Acts 1954, ch. 119, § 9, effective June 17, 1954; 1974, ch. 74, Art. VI, § 107(1); 1978, ch. 37, § 5, effective June 17, 1978; 1998, ch. 426, § 520, effective July 15, 1998; 2004, ch. 189, § 9, effective July 13, 2004; 2005, ch. 99, § 573, effective June 20, 2005; 2008, ch. 52, § 1, effective July 15, 2008.

Opinions of Attorney General.

Kentucky law does not impose a general requirement upon either a local health department or a city for the payment of the expense of housing animals that have bitten people. OAG 68-387 .

258.087. Authorization to provide for more stringent regulation of rabies control.

Any city, county, urban-county, charter county, or consolidated local government may, by the adoption of an appropriate ordinance or resolution, provide for more stringent regulation of rabies control in dogs, cats, ferrets, and other animals than set forth in KRS 258.005 to 258.087 .

History. Enact. Acts 1978, ch. 37, § 6, effective June 17, 1978; 2004, ch. 189, § 10, effective July 13, 2004.

258.090. Poisoning dog prohibited — City ordinances not affected. [Repealed.]

Compiler’s Notes.

This section (68a-8) was repealed by Acts 1954, ch. 119, § 41.

258.095. Definitions for KRS 258.095 to 258.500.

As used in KRS 258.095 to 258.500 , unless the context requires otherwise:

  1. “Department” means the Department of Agriculture;
  2. “Commissioner” means the Commissioner of Agriculture;
  3. “Board” means the Animal Control Advisory Board created by KRS 258.117 ;
  4. “Dog” means any domestic canine, six (6) months of age or older;
  5. “Owner,” when applied to the proprietorship of a dog, includes:
    1. Every person having a right of property in the dog; and
    2. Every person who:
      1. Keeps or harbors the dog;
      2. Has the dog in his or her care;
      3. Permits the dog to remain on or about premises owned and occupied by him or her; or
      4. Permits the dog to remain on or about premises leased and occupied by him or her;
  6. “Attack” means a dog’s attempt to bite or successful bite of a human being. This definition shall not apply to a dog’s attack of a person who has illegally entered or is trespassing on the dog owner’s property in violation of KRS 511.060 , 511.070 , 511.080 , or 511.090 ;
  7. “Vicious dog” means any individual dog declared by a court to be a vicious dog;
  8. “Animal control officer” means an individual who is employed or appointed by, or has contracted with:
    1. A city, county, urban-county, charter county, or consolidated local government to enforce the provisions of this chapter, the provisions of the Kentucky Revised Statutes relating to cruelty, mistreatment, sexual crimes against, or torture of animals, and local animal control ordinances; or
    2. An entity that has contracted with a city, county, urban-county, charter county, or consolidated local government to enforce the provisions of this chapter, the provisions of the Kentucky Revised Statutes relating to cruelty, mistreatment, sexual crimes against, or torture of animals, and local animal control ordinances;
  9. “Designated license facility” means any person, facility, or business designated by resolution of the governing body of the county to collect license fees under KRS 258.135 ;
  10. “Cat” means any domestic feline three (3) months of age or older;
  11. “Ferret” means any domestic musteline three (3) months of age or older;
  12. “Euthanasia” means the act of putting an animal to death in a humane manner by methods specified as acceptable for that species by the most recent report of the American Veterinary Medical Association Panel on Euthanasia, subject to the requirements provided by KRS 258.505 ;
  13. “Animal shelter” means any facility used to house or contain animals, operated or maintained by a governmental body, incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization;
  14. “Quarantine” means the confinement of an animal for observation of clinical signs of illness indicating rabies infection, and the prevention of escape or contact with any person or other animal;
  15. “Livestock” means poultry; ratites; and cervine, bovine, ovine, porcine, caprine, or equine animals that are privately owned and raised in a confined area for breeding stock, food, fiber, or other products; and
  16. “Poultry” means chickens, ducks, turkeys, or other domestic fowl.

History. Enact. Acts 1954, ch. 119, § 12, effective June 17, 1954; 1998, ch. 440, § 1, effective July 15, 1998; 2000, ch. 179, § 1, effective July 14, 2000; 2004, ch. 189, § 11, effective July 13, 2004; 2017 ch. 30, § 1, effective June 29, 2017; 2019 ch. 184, § 3, effective June 27, 2019.

NOTES TO DECISIONS

1.Owner Liability for Dog Bites.

Where KRS 258.095 in defining owner as any person who accepts custody of a dog, operated to insulate the legal owner from liability against another owner of the dog, the trial court properly entered judgment against the dog groomer who accepted the owner’s dog which later bit the groomer’s face. Jordan v. Lusby, 81 S.W.3d 523, 2002 Ky. App. LEXIS 1399 (Ky. Ct. App. 2002).

Parent of one of the dog owners, who was waiting by request at the owners’ residence for an animal control officer to arrive and take the dog, was a statutory owner under KRS 258.095(5) when the parent saw the officer in a truck parked two blocks away from the owners’ house, walked up to the truck with the dog, and motioned for the officer to get out of the truck. However, the officer did not become an owner of the dog for then getting out of the truck. Fetchko v. Morgan, 2008 Ky. App. LEXIS 195 (Ky. Ct. App. June 27, 2008), review denied, ordered not published, 2009 Ky. LEXIS 134 (Ky. Feb. 11, 2009).

Landlords were the statutory owners under KRS 258.095(5) of a tenant’s dog for purposes of establishing liability under KRS 258.235(4) because the statute unambiguously stated that a person who permitted a dog to remain on the premises that he owned was deemed an owner for purposes of the dog-bite liability statute, and the landlords knew that the dog was on the leased premises, but did not take any affirmative steps to make sure the dog was removed from the property after revoking the tenant’s permission to keep it. Benningfield v. Zinsmeister, 367 S.W.3d 561, 2012 Ky. LEXIS 83 ( Ky. 2012 ).

Where ownership of a dog is premised on permission for the dog to remain on property, there must be an element of tenancy, even for a short period of time, in order to establish liability; therefore, liability would not extent to temporary excursions onto another’s property, even when done so with the landowner’s permission, for example when a dog entered a public park in which dogs were allowed. Benningfield v. Zinsmeister, 367 S.W.3d 561, 2012 Ky. LEXIS 83 ( Ky. 2012 ).

2.County Ordinances.

County ordinance that banned the possession of pit bull terriers was not invalid. It was supplemental to, rather than inconsistent with, KRS ch. 258, which banned vicious dogs generally, since it did not limit the statute’s application but instead provided a more comprehensive plan of protection. Bess v. Bracken County Fiscal Court, 210 S.W.3d 177, 2006 Ky. App. LEXIS 347 (Ky. Ct. App. 2006).

Cited in:

Tipton v. White, 287 S.W.2d 422, 1956 Ky. LEXIS 456 ( Ky. 1956 ); Blevins v. Commonwealth, — S.W.3d —, 2014 Ky. App. LEXIS 107 (Ky. Ct. App. 2014).

Opinions of Attorney General.

A dog warden is not a peace officer so far as the dog act is concerned. OAG 60-597 .

A county may only contract with a governmental or non-profit entity to operate an animal shelter. A county may contract with a for-profit entity to provide an animal control officer. OAG 2015-02

Research References and Practice Aids

Treatises

Kentucky Instructions To Juries (Civil), 5th Ed., Animals, §§ 15.01, 15.02.

258.100. Owner may recover if his dog is illegally killed. [Repealed.]

Compiler’s Notes.

This section (68b-35) was repealed by Acts 1954, ch. 119, § 41.

258.105. Enforcement by Commissioner of Agriculture — Employment and powers of personnel. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 119, § 13, effective June 17, 1954) was repealed by Acts 2004, ch. 189, § 31, effective July 13, 2004.

258.110. Female dog not to be at large when in heat. [Repealed.]

Compiler’s Notes.

This section (68b-23) was repealed by Acts 1954, ch. 119, § 41.

258.115. Advisory committee. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 119, § 14, effective June 17, 1954; 1978, ch. 154, § 30, effective June 17, 1978) was repealed by Acts 2004, ch. 189, § 31, effective July 13, 2004.

258.117. Animal Control Advisory Board — Purpose — Promulgation of administrative regulations — Membership.

  1. The Animal Control Advisory Board is hereby created for the purposes of evaluating applications for and reviewing disbursements from the animal control and care fund, creating training programs, and other duties relating to animal control and care in the counties of the Commonwealth. The Animal Control Advisory Board shall promulgate administrative regulations to carry out the provisions of this section.
  2. The advisory board shall be attached to the Kentucky Department of Agriculture for administrative purposes.
  3. The advisory board shall be composed of the following members appointed by the Governor as specified:
    1. Two (2) members selected from a list of three (3) submitted by the Kentucky Animal Control Association;
    2. Two (2) members selected from a list of three (3) submitted by the Kentucky Veterinary Medical Association;
    3. Two (2) members selected from a list of three (3) submitted by the Kentucky Farm Bureau;
    4. Two (2) members selected from a list of three (3) submitted by the Kentucky Association of Counties;
    5. Two (2) members selected from a list of three (3) submitted by the Kentucky Houndsmen Association; and
    6. Two (2) members selected from a list of three (3) submitted by the Kentucky League of Cities.
  4. Appointed members shall serve for a term of four (4) years. Vacancies shall be filled in the same manner as the original appointment for the unexpired portion of the term.
  5. Members of the advisory board shall receive one hundred dollars ($100) per day for attendance at meetings and shall be entitled to reimbursement for expenses incurred for travel. No per diem or travel expenses shall be paid except for meetings of the full advisory board.
  6. The advisory board shall elect one (1) of its members to serve as chair for a term of two (2) years.
  7. The advisory board shall meet quarterly or upon the call of the chair.

History. Enact. Acts 1998, ch. 608, § 1, effective July 15, 1998; 2004, ch. 189, § 12, effective July 13, 2004.

258.119. Animal control and care fund — Distribution of moneys — Eligibility requirements.

  1. The “Animal Control and Care Fund” is hereby created as a special fund in the State Treasury. The fund may also receive gifts, grants from public and private sources, state appropriations, and federal funds. Any unallotted or unencumbered balances in this fund shall be invested as provided for in KRS 42.500(9). Income earned from the investments shall be credited to the fund. Any fund balance at the close of the fiscal year shall not lapse but shall be carried forward to the next fiscal year, and moneys in this fund shall be continuously appropriated only for the purposes specified in this section.
  2. Moneys from the fund shall be used by the Animal Control Advisory Board for board expenses, for the creation and support of statewide programs related to animal control and care, and for training animal control officers. “Statewide programs” includes, but is not limited to, the reimbursement of costs for preexposure rabies vaccinations for all animal control and care workers. When determining the distribution of the moneys relating to training, the need of the applicant shall be one (1) of the criteria considered by the board. Based on recommendations of the Animal Control Advisory Board, any moneys not expended under this subsection may be distributed annually as grants to counties with an established animal control and care program meeting the requirements of subsection (3) of this section or approved plan to establish an animal control and care program under subsection (4) of this section.
  3. As used in this section, “animal control and care program” means a program in which the county:
    1. Employs, appoints, or contracts with an animal control officer, or contracts with an entity that employs, appoints, or contracts with an animal control officer, as required by KRS 258.195 , who is a high school graduate and has completed the training requirements set forth by the Animal Control Advisory Board; and
    2. Maintains an animal shelter, enters into an intergovernmental agreement for the establishment of a regional animal shelter, or contracts with an entity authorized to maintain sheltering and animal control services, to provide services that:
      1. Segregate male and female animals by species in runs and holding areas;
      2. Provide separate runs or holding areas for ill or injured animals. An ill or injured animal shall be treated with proper veterinary care or euthanized;
      3. Provide quarantine for dogs and cats presented to the shelter when quarantine by the owner is not feasible or desirable, the cost of quarantine to be borne by the animal owner at the shelter’s regular housing costs and fees. Quarantined dogs and cats shall be held in isolation for observation of symptoms of rabies for a period of ten (10) days from the date the dog or cat bit a person. If the dog or cat dies or is euthanized while in quarantine, it shall be submitted to the local health department for testing for the presence of the rabies virus. The cost of the testing shall be borne by the animal owner or the local health department may bear the cost at its discretion;
      4. Provide holding areas with protection from the weather, including heated quarters during cold weather. Holding areas shall be free of debris or standing water; shall provide adequate lighting, ventilation, and sanitary conditions to promote a safe, healthy environment; and shall provide adequate space to allow for normal movement, including standing to full height, sitting, turning, and lying down in a natural position without coming in contact with the top or sides of the enclosure or another animal;
      5. Provide runs and cages built of materials which can be readily cleaned and disinfected, including floors made of an impervious material;
      6. Provide access to the public for no less than twenty-four (24) hours in one (1) week, with the hours that the facility is open to the public posted in a visible location;
      7. Employ euthanasia methods specified as acceptable for that species by the most recent report of the American Veterinary Medical Association Panel on Euthanasia;
      8. Provide potable, uncontaminated water to every animal at all times, and palatable, uncontaminated food daily; and
      9. Maintain a record on each animal impounded. Records shall be maintained for a period of two (2) years and shall include:
        1. Date impounded;
        2. Location found or picked up;
        3. Sex of animal and spay or neuter status, if known;
        4. Breed or description, and color; and
        5. Date reclaimed, adopted, or euthanized.
  4. Counties submitting plans proposing to establish an animal control and care program for approval by the Animal Control Advisory Board shall comply with the requirements of:
    1. Paragraph (a) of subsection (3) of this section within twelve (12) months of the date the documentation is submitted; and
    2. Paragraph (b) of subsection (3) of this section within twenty-four (24) months of the date the documentation is submitted.
  5. To be eligible for any moneys distributed as grants to counties under subsection (2) of this section, counties shall submit an application to the commissioner, on a form prescribed by the Department of Agriculture, by July 15 of each year. Moneys shall be used for construction, equipment, educational supplies, and other uses or programs approved by the advisory board, but shall not be used to increase wages of animal control officers or other personnel. Counties receiving money from the Department of Agriculture shall comply with the terms of the plan or program. If the terms of the plan or program are not complied with, the county shall refund the money to the Department of Agriculture.

History. Enact. Acts 1998, ch. 608, § 2, effective July 15, 1998; 2000, ch. 179, § 2, effective July 14, 2000; 2004, ch. 189, § 13, effective July 13, 2004.

Compiler’s Notes.

Section 7 of Acts 2000, ch. 179, effective July 14, 2000, read: “Any moneys remaining in the Animal Shelter Trust Fund on the effective date of this Act shall be transferred to the Animal Control and Care Fund created by Section 2 of this Act [this section].”

258.120. Sheriff to impound dogs, when; seizure of unlicensed dogs. [Repealed.]

Compiler’s Notes.

This section (68b-18) was repealed by Acts 1954, ch. 119, § 41.

258.121. Animal shelter trust fund — Allocation of moneys. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 608, § 3, effective July 15, 1998) was repealed by Acts 2000, ch. 179, § 6, effective July 14, 2000.

258.125. Livestock fund created — Expenditures — Reversion of excess. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 119, § 15, effective June 17, 1954) was repealed by Acts 2004, ch. 189, § 31, effective July 13, 2004.

258.130. Impounded dog to be sold or destroyed; disposition of sale moneys. [Repealed.]

Compiler’s Notes.

This section (68b-19) was repealed by Acts 1954, ch. 119, § 41.

258.135. Establishment of dog licensing program by county or city ordinance.

  1. The governing body of each county may establish an animal licensing program by ordinance. It shall be the responsibility of each county to administer and enforce its licensing program.
  2. In addition to the licensing program provided in subsection (1) of this section, any city may establish an animal licensing program by ordinance. It shall be the responsibility of the city to administer and enforce its licensing program.

History. Enact. Acts 1954, ch. 119, § 16, effective June 17, 1954; 1990, ch. 385, § 1, effective July 13, 1990; 1998, ch. 163, § 3, effective July 15, 1998; 1998, ch. 440, § 12, effective July 15, 1998; 2000, ch. 179, § 3, effective July 14, 2000; 2004, ch. 189, § 14, effective July 13, 2004.

NOTES TO DECISIONS

Cited:

Tipton v. White, 287 S.W.2d 422, 1956 Ky. LEXIS 456 ( Ky. 1956 ).

Opinions of Attorney General.

While the state imposes a license fee on dogs pursuant to this section, there is nothing under the state dog act prohibiting a city from also imposing a license fee and from regulating dogs. In fact, KRS 258.365 provides, in effect, that nothing under the act shall be construed to prohibit or limit the right of any city to pass or enforce any ordinance regulating dogs, the provisions of which are not inconsistent with the provisions of this chapter. OAG 71-160 .

Under this section and KRS 258.195 , a county dog warden paid by the fiscal court a salary of $1,200 per year is entitled to retain the sum of 25¢ for each dog license issued and, in addition, if he operates the county dog pound at his own expense, he is entitled to reimbursement for his expenses actually so incurred in addition to his salary and the 25¢ fees he is entitled to retain. OAG 73-557 .

An operator of a pet store who sells dogs under a permit from a city must also comply with state requirements pertaining to the licensing of dogs by obtaining from the dog warden a license under this section for each dog six (6) months old or over owned or kept by him or he must obtain a kennel license from the dog warden pursuant to former KRS 258.165 (now repealed) for the dogs required to be licensed under this section. OAG 74-699 .

The department of agriculture, with the approval of the Governor, could authorize members of 4-H clubs throughout the state to act as agents of the department for the purpose of selling dog licenses and receive for such services a 25¢ fee for each license sold. OAG 77-578 .

Based on the decision of the Court of Appeals in Hines v. Commonwealth, Department of Treasury, 41 S.W.3d 872, 2001 Ky. App. LEXIS 39 (Ky. Ct. App. 2001), and the fact that an open records related public purpose supports disclosure of the names of licensees appearing in the report required by former KRS 258.185 (1), the portion of the former KRS 258.185 report that identifies the person to whom the animal license was issued must be disclosed. OAG 03-ORD-247.

258.140. Fees for keeping and impounding dogs. [Repealed.]

Compiler’s Notes.

This section (68b-19) was repealed by Acts 1954, ch. 119, § 41.

258.145. Licenses and tags — Tattooing of dogs — Tag to be affixed to collar — Burden of proof of license. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 119, § 17, effective June 17, 1954) was repealed by Acts 2004, ch. 189, § 31, effective July 13, 2004.

258.150. Keeping unlicensed dog prohibited. [Repealed.]

Compiler’s Notes.

This section (68b-17, 68b-22) was repealed by Acts 1954, ch. 119, § 41.

258.155. License for part of year. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 119, § 18, effective June 17, 1954) was repealed by Acts 2004, ch. 189, § 31, effective July 13, 2004.

258.160. Dogs temporarily in state need not be licensed. [Repealed.]

Compiler’s Notes.

This section (68b-13) was repealed by Acts 1954, ch. 119, § 41.

258.165. Kennel licenses and tags. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 119, § 19; 1970, ch. 92, § 80) was repealed by Acts 2004, ch. 189, § 31, effective July 13, 2004.

258.170. Dog licenses; application; fees. [Repealed.]

Compiler’s Notes.

This section (68b-4) was repealed by Acts 1954, ch. 119, § 41.

258.175. Dogs to be kept in kennel. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 119, § 20, effective June 17, 1954) was repealed by Acts 2004, ch. 189, § 31, effective July 13, 2004.

258.180. Form and duration of license. [Repealed.]

Compiler’s Notes.

This section (68b-5) was repealed by Acts 1954, ch. 119, § 41.

258.185. Records of dog and kennel licenses. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 119, § 21, effective June 17, 1954; 2000, ch. 179, § 4, effective July 14, 2000) was repealed by Acts 2004, ch. 189, § 31, effective July 13, 2004.

258.190. Form of tag. [Repealed.]

Compiler’s Notes.

This section (68b-6) was repealed by Acts 1954, ch. 119, § 41.

258.195. Employment, appointment, or contract with animal control officers — Establishment and maintenance of animal shelters — Intergovernmental agreements — Authority of animal control officers.

  1. The governing body of each county shall employ, appoint, or contract with an animal control officer, or shall contract with an entity that employs, appoints, or contracts with an animal control officer, and shall establish and maintain an animal shelter as a means of facilitating and administering KRS 258.095 to 258.500 . One (1) or more counties may enter into intergovernmental agreements for the establishment of regional animal shelters, or may contract with entities authorized to maintain sheltering and animal control services. Animal shelters shall meet the standards provided by KRS 258.119(3)(b) within three (3) years after July 13, 2004. Governing bodies may adopt additional standards and ordinances related to public health, safety, enforcement, and the efficient and appropriate operation of their shelters and their animal control programs.
  2. Cities may employ, appoint, or contract with animal control officers, or may contract with an entity that employs, appoints, or contracts with animal control officers, for the enforcement of this chapter and local animal control ordinances within their corporate limits. Cities may enter into agreements with the counties for the enforcement of the county’s animal control ordinances. The agreement shall include, but shall not necessarily be limited to, setting out the jurisdiction and the duties of the animal control officer respective to the agreement.
  3. Animal control officers shall have the authority to issue uniform citations, local citations, or local notices for the enforcement of the provisions of this chapter, the provisions of the Kentucky Revised Statutes relating to cruelty, mistreatment, or torture of animals, and animal control ordinances in their respective jurisdictions.

History. Enact. Acts 1954, ch. 119, § 22, effective June 17, 1954; 1998, ch. 440, § 2, effective July 15, 1998; 2004, ch. 189, § 15, effective July 13, 2004.

NOTES TO DECISIONS

1.Duty.

The duty required to be performed under this act is ministerial, not discretionary. Upchurch v. Clinton County, 330 S.W.2d 428, 1959 Ky. LEXIS 200 ( Ky. 1959 ).

There is a distinct duty imposed on the members of the fiscal court of the county to hire a dog warden and to bring into existence a dog pound. Upchurch v. Clinton County, 330 S.W.2d 428, 1959 Ky. LEXIS 200 ( Ky. 1959 ).

2. Liability for Dereliction of Duty.

Where this section was violated by fiscal court who failed to appoint dog warden and erect dog pound, and plaintiff was unable to recover livestock losses from commissioner of agriculture because of fiscal court’s dereliction of duty, plaintiff could recover from fiscal court members individually. Upchurch v. Clinton County, 330 S.W.2d 428, 1959 Ky. LEXIS 200 ( Ky. 1959 ).

Cited:

Tipton v. White, 287 S.W.2d 422, 1956 Ky. LEXIS 456 ( Ky. 1956 ).

Opinions of Attorney General.

The fiscal court could appoint, as the county dog warden, a deputy sheriff who is presently serving in this capacity without there existing an incompatible situation. OAG 66-398 .

Where the fiscal court failed to designate the position of a deputy sheriff to serve as dog warden, if the sheriff has not appointed all the deputies that he is permitted by law, he can appoint the present dog warden as one of his deputies. OAG 66-398 .

A dog warden appointed by the fiscal court pursuant to this section is not a peace officer and consequently does not possess the powers of a peace officer. OAG 68-18 .

A dog warden may seize unlicensed dogs running at large but may not go on private premises to apprehend these dogs without a warrant. OAG 68-93 ; OAG 82-597 .

Kentucky law does not impose a general requirement upon either a local health department or a city for the payment of the expense of housing animals that have bitten people. OAG 68-387 .

A city could contract with the county to supplement the county dog warden’s salary for the purpose of utilizing his services in helping enforce the provisions of an ordinance regulating dogs within the city. OAG 70-492 .

The fiscal court can require the dog warden to pick up dogs that are unlicensed and running loose upon the public ways in the city as well as in the county, particularly under a contract with the city. OAG 70-492 .

Under this section and KRS 258.135 , a county dog warden paid by the fiscal court a salary of $1,200 per year is entitled to retain the sum of 25¢ for each dog license issued and, in addition, if he operates the county dog pound at his own expense, he is entitled to reimbursement for his expenses actually so incurred in addition to his salary and the 25¢ fees he is entitled to retain. OAG 73-557 .

This section would not apply to a city dog warden, which is a position created solely by ordinance. OAG 74-320 .

A dog warden appointed by the fiscal court is not a peace officer, unless separately made so by, for example, being appointed a deputy sheriff, and has no power of arrest, unless made a peace officer, to enforce the provisions of the dog laws, although the fiscal court may require him to seize unlicensed dogs running at large as well as to perform other duties not inconsistent with the dog laws or in conflict with other statutory provisions. OAG 75-383 ; OAG 82-597 .

The word “shall” as used in subsection (1) of this section is mandatory and thus the fiscal court is required to employ a dog warden and establish and maintain a dog pound. OAG 78-756 .

Subsection (1) of this section provides in part that the fiscal court of each county shall employ a dog warden and that the fiscal court of each county shall establish and maintain a dog pound, and since the word “shall” is mandatory, the fiscal court is required to employ a dog warden and to establish and maintain a dog pound. OAG 79-161 .

While there are no express statutory provisions in this section requiring the county dog warden to pick up dogs anywhere in the county, the fiscal court pursuant to its regulatory powers may require the dog warden to pick up such dogs that are unlicensed and loose upon the public way and if the dog warden has been so instructed by the fiscal court, the service should be supplied to the entire county and not just to unincorporated areas, particularly where the city or cities in the county do not have a dog ordinance. OAG 79-161 .

While the state department of agriculture does have certain responsibilities in connection with this chapter, the fiscal court, and not the department, is responsible for the appointment of a dog warden and the establishment and maintenance of a dog pound. OAG 79-161 .

A city cannot, through a city ordinance, impose duties and responsibilities on the county dog warden since his basic duties are set forth in KRS Chapter 258 and any additional duties could only be imposed by the fiscal court. OAG 80-330 .

Where the county dog pound is located on the private premises of the county dog warden pursuant to subsection (1) of this section, the dog warden, as a minor county officer, is required to make his facilities available to the public for the transaction of legitimate business activities at least five (5) days a week for seven to eight (8) hours per day, as required by KRS 61.160 . OAG 81-251 .

Counties may enact ordinances relative to dog control but whether they do or not, they must fulfill their statutory obligations as set forth in KRS Chapter 258. While cities have the authority to enact dog control measures they cannot impose obligations upon a county which the county does not agree to and which are in excess of the county’s duties and obligations under the provisions of KRS Chapter 258. OAG 82-447 .

The county has definite and prescribed obligations under KRS Chapter 258 but they do not include the duty to accept dogs at its pound picked up by municipal dog control authorities, particularly where violations of municipal ordinances are involved. While the cities and the county have the authority to enter into a joint or cooperative agreement concerning dog control and the use of the county dog pound, which could include a boarding fee for dogs delivered to the pound by city dog control officers, the cities, in the absence of an agreement with the county, cannot require the county to accept dogs picked up for violations of municipal ordinances; absent an agreement between the cities and the county relative to dog control, the cities will enforce their ordinances only, and the county and all peace officers will enforce the provisions of KRS Chapter 258. OAG 82-447 .

Neither this section nor any other section of KRS Chapter 258 makes a dog warden a peace officer and, therefore, he does not possess the powers of a peace officer; he could be made a peace officer by being appointed, for example, a deputy sheriff but such an appointment could not involve an increase in the number of deputy sheriff positions beyond the number established by the fiscal court pursuant to KRS 64.530 . OAG 82-597 .

Since a dog warden does not possess the power of a police officer unless he is made a peace officer by being appointed as such, a dog warden who has not acquired the status of a peace officer cannot utilize the provisions of KRS 431.015 and has no legal authority to issue a citation. OAG 82-597 .

While there are no express statutory provisions requiring the dog warden to pick up dogs anywhere in the county, the fiscal court pursuant to its regulatory powers under this section could require the dog warden to pick up such dogs as are unlicensed and loose upon the public way; however, a dog warden has no authority to enter upon private premises for the purpose of picking up an owner’s unlicensed dog without a warrant. OAG 82-597 .

While there are no express statutory provisions requiring the dog warden to pick up dogs anywhere in the county, the fiscal court pursuant to its regulatory powers under KRS 258.195 may require the dog warden to pick up unlicensed or unidentified dogs found running at large. OAG 83-209 .

258.200. Tag to be kept on dog; dog without tag prima facie unlicensed. [Repealed.]

Compiler’s Notes.

This section (68b-5, 68b-31) was repealed by Acts 1954, ch. 119, § 41.

258.205. Dog temporarily in state need not be licensed — Burden of proof. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 119, § 23, effective June 17, 1954) was repealed by Acts 2004, ch. 189, § 31, effective July 13, 2004.

258.210. Removal of tag prohibited. [Repealed.]

Compiler’s Notes.

This section (68b-22) was repealed by Acts 1954, ch. 119, § 41.

258.212. Tampering with or removal of domesticated animal’s identification prohibited — Exceptions — Penalty.

  1. No person other than the owner shall tamper with or remove without permission an identification tag, chip, locator, or electronic tracking device from a domesticated animal of any age, including but not limited to a hound or dog used in the sport of hunting.
  2. Subsection (1) of this section shall not apply to a person removing an identification tag, chip, locator, or electronic tracking device if the removal is:
    1. Necessary to prevent or treat an injury to the animal;
    2. Done by a law enforcement officer or animal control officer for a legitimate purpose; or
    3. Done with the written permission of the owner of the animal.
  3. Any person who violates the provisions of this section shall be guilty of a Class A misdemeanor.

History. Enact. Acts 2009, ch. 21, § 1, effective June 25, 2009.

Research References and Practice Aids

Cross-References.

Designation of offenses; penalties, see KRS 532.020 .

Sentence of imprisonment for misdemeanor, see KRS 532.090 .

258.215. Seizure, impounding, and destruction of dog lacking rabies tag or other identification — Holding period before destruction — Notice to owner — Reclamation of dog, cat, or ferret — Fees — Quarantine — Exemption of hunting dog.

  1. Peace officers or animal control officers shall seize and impound any dog which does not bear a valid rabies tag or other legible identification which is found running at large. Any dog which an officer or animal control officer seizes shall be impounded in the designated animal shelter of the county and confined in a humane manner. If, after a reasonable effort, the seizure of an unrestrained dog cannot be made, or the dog presents a hazard to public safety or property or has an injury or physical condition which causes the dog to suffer, the animal control officer or peace officer may immediately destroy the dog by the most reasonable and humane means then available.
    1. Impounded dogs shall be kept for not less than five (5) days, unless reclaimed by their owners. Dogs not reclaimed and those not placed in suitable new homes may be humanely euthanized after the five (5) day holding period, unless the dog has an injury or physical condition which causes it to suffer. In those cases the animal shelter may immediately euthanize the dog, and if a human being has been bitten by the dog, the dog shall be tested for rabies.
    2. If an owner is identified, the impounding agency shall immediately notify the owner of the impoundment by the most expedient means available.
    3. Any animal shelter, public or private, which takes in stray animals and does not have regular hours for public access, shall post semimonthly either in a local newspaper or the newspaper with the highest circulation in the county, the shelter location, hours of operation, the period that impounded animals shall be held, and a contact number.
  2. Upon reclaiming an impounded dog, cat, or ferret, the owner shall show proof of a valid rabies vaccination. If proof of the vaccination cannot be provided, the owner shall purchase a vaccination voucher from the animal shelter. The voucher shall be valid for ten (10) days from the date of issuance and shall be used in the prescribed time period. The animal shelter shall reimburse the veterinarian for the amount of the voucher upon presentation to the shelter by the administering veterinarian.
  3. The owner of an impounded animal is responsible for all fees associated with the impoundment of the animal. If the owner can be identified, the fees are due even if the owner does not reclaim the animal.
  4. Dogs, cats, or ferrets which have bitten a person shall be maintained in quarantine by the owner for ten (10) days from the date of the bite. Owners who fail to properly quarantine their animals shall be subject to a citation for violation of this subsection and the dog, cat, or ferret shall be removed to the animal shelter for the remainder of the quarantine period. The owner shall be responsible for all associated fees of the quarantine and impoundment.
  5. A hound or other hunting dog which has been released from confinement for hunting purposes shall be deemed to be under reasonable control of its owner or handler while engaged in or returning from hunting, and, if a hunting dog becomes temporarily lost from a pack or wanders from actual control or sight of its owner or handler, the owner or handler shall not be deemed to be in violation of the provisions of this section as a result of the dog’s having become temporarily lost or having wandered from immediate control or sight of the owner or handler.

History. Enact. Acts 1954, ch. 119, § 24, effective June 17, 1954; 1998, ch. 440, § 3, effective July 15, 1998; 2000, ch. 179, § 5, effective July 14, 2000; 2004, ch. 189, § 16, effective July 13, 2004.

Opinions of Attorney General.

A city ordinance providing that any dog without a proper license tag or other legible identification and which is found running at large may be seized by a peace officer is valid under this section, but such ordinance should also contain a provision, in accordance with subsection (1) of this section, requiring that unlicensed dogs that are picked up be impounded for seven days before they are destroyed. OAG 73-105 .

“Destruction of a dog in a humane manner” would include shooting which would not constitute cruelty as long as death was instantaneous. OAG 73-105 .

Although only those dogs six months of age or older are required to be licensed, any dog which does not bear either a proper license tag or other legible identification may be seized and impounded by a peace officer if it is found to be running at large. OAG 76-149 .

Contrary to the clause in this section about “sold in accordance with other provisions of this chapter,” there are no provisions in KRS Chapter 258 relative to the selling of dogs which have been held for the seven-day period and not claimed. OAG 82-595 .

While there are no express statutory provisions requiring the dog warden to pick up dogs anywhere in the county, the fiscal court pursuant to its regulatory powers under KRS 258.195 may require the dog warden to pick up unlicensed or unidentified dogs found running at large. OAG 83-209 .

While an unlicensed dog loose and unattended on the public way is clearly running at large and subject to being picked up by a peace officer or a dog warden (when he has been so instructed by his employing governmental entity), the status of a dog which is loose and unattended on the private property of someone other than his owner is not clear. OAG 83-209 .

Research References and Practice Aids

ALR

Validity of statute or ordinance providing for destruction of dogs, 56 A.L.R.2d 1024.

Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it, 2 A.L.R.3d 822.

Construction and application of ordinances relating to unrestrained dogs, cats, or other domesticated animals, 1 A.L.R.4th 994.

Construction of provisions of statute or ordinance governing occasion, time, or manner of summary destruction of domestic animals by public authorities, 42 A.L.R.4th 839.

Action in Replevin for Recovery of Dog or Cat, 85 A.L.R.6th 429.

258.220. Replacement of tag. [Repealed.]

Compiler’s Notes.

This section (68b-6) was repealed by Acts 1954, ch. 119, § 41.

258.225. Peace officers and animal control officers required to perform duties — Interference prohibited.

  1. It shall be unlawful for any peace officer or animal control officer to refuse to perform his duties under the provisions of this chapter.
  2. It shall be unlawful for any person to interfere with any peace officer, animal control officer, or agent in the enforcement of this chapter.

History. Enact. Acts 1954, ch. 119, § 25, effective June 17, 1954; 1998, ch. 440, § 4, effective July 15, 1998; 2004, ch. 189, § 17, effective July 13, 2004.

Opinions of Attorney General.

Not only does a county dog warden have responsibilities under the state dog law but so does the city marshal, as he is a peace officer and is required to enforce the provisions of the state dog law, and this duty exists whether or not the city has a valid dog control ordinance. OAG 80-330 .

Other than the requirements imposed upon peace officers, cities are not required to enforce the provisions of KRS Chapter 258. OAG 82-447 .

258.230. Deputy sheriff may issue licenses; to make report and accounting. [Repealed.]

Compiler’s Notes.

This section (68b-7) was repealed by Acts 1954, ch. 119, § 41.

258.235. Authority to kill or seize dog — Return by court to owner of vicious dog — Liability for damage — Proceeding by person attacked by dog — Disposition of dog after seizure — Powers of animal control officer — Vicious dog not to run at large.

  1. Any person, without liability, may kill or seize any dog which is observed attacking any person.
  2. Any livestock owner or his agent, without liability, may kill any dog trespassing on that owner’s property and observed in the act of pursuing or wounding his livestock.
  3. Any dog determined to be vicious by a court and allowed to be returned to an owner shall be confined in a locked enclosure at least seven (7) feet high or a locked kennel run with a secured top. The dog may leave the enclosure only to visit the veterinarian or to be turned in to an animal shelter. The dog shall be muzzled if leaving the enclosure for either of these purposes.
  4. Any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage.
    1. Any person who has been attacked by a dog, or anyone acting on behalf of that person, may make a complaint before the district court, charging the owner or keeper of the dog with harboring a vicious dog. A copy of the complaint shall be served upon the person so charged in the same manner and subject to the laws regulating the service of summons in civil actions directing him to appear for a hearing of the complaint at a time fixed in the complaint. If the person fails to appear at the time fixed, or if upon a hearing of the parties and their witnesses, the court finds the person so charged is the owner or keeper of the dog in question, and that the dog has viciously and without cause, attacked a human being when off the premises of the owner or keeper, the person shall be subject to the penalties set forth in KRS 258.990(3)(b), and the court shall further order the owner or keeper to keep the dog securely confined as provided by subsection (3) of this section, or the court may order the dog to be destroyed.
    2. The animal control officer shall act as an officer of the court for the enforcement of any orders of the court in his jurisdiction pertaining to this subsection.
  5. For his services in the proceedings, a peace officer shall be entitled to the same fees to which he is entitled for performing similar services in civil cases. In all proceedings under this section, the court shall place the costs upon either party as it may determine.
  6. It shall be unlawful for the owner or keeper of any vicious dog, after receiving an order under subsection (5) of this section, to permit the dog to run at large, or to appear in public except as provided in subsection (3) of this section. Any vicious dog found running at large may be killed by any animal control officer or peace officer without liability for damages for the killing.

History. Enact. Acts 1954, ch. 119, § 26; 1976 (Ex. Sess.), ch. 14, § 223, effective January 2, 1978; 1998, ch. 440, § 5, effective July 15, 1998; 2004, ch. 189, § 18, effective July 13, 2004.

NOTES TO DECISIONS

1.In General.

County ordinance that banned the possession of pit bull terriers was not invalid. It was supplemental to, rather than inconsistent with, KRS ch. 258, which banned vicious dogs generally, since it did not limit the statute’s application but instead provided a more comprehensive plan of protection. Bess v. Bracken County Fiscal Court, 210 S.W.3d 177, 2006 Ky. App. LEXIS 347 (Ky. Ct. App. 2006).

Partial summary judgment on the issue of strict liability under KRS 258.235(4) was proper for the mother of a child that was attacked by homeowners’ dog while she was being watched by the homeowners in the pursuit of a day care business. The child was too young to be contributorily negligent, and no third party could be implicated for liability. May v. Holzknecht, 320 S.W.3d 123, 2010 Ky. App. LEXIS 142 (Ky. Ct. App. 2010).

2.Liability of Owner.

Because former KRS 258.275(1) (now see KRS 258.235(4)) did not impose strict liability upon the owner or keeper of a dog, and the trial court instructed the jury consistent with the holdings of other cases that the dog owner had to have had reason to believe the injured person would be in the vicinity of the animal, there was no error in the trial court’s instructions as to the dog owner’s duties. Carmical v. Bullock, 251 S.W.3d 324, 2007 Ky. App. LEXIS 257 (Ky. Ct. App. 2007).

Landlords were the statutory owners under KRS 258.235(4) of a tenant’s dog for purposes of establishing liability under KRS 258.095(5) because the statute unambiguously stated that a person who permitted a dog to remain on the premises that he owned was deemed an owner for purposes of the dog-bite liability statute, and the landlords knew that the dog was on the leased premises, but did not take any affirmative steps to make sure the dog was removed from the property after revoking the tenant’s permission to keep it. Benningfield v. Zinsmeister, 367 S.W.3d 561, 2012 Ky. LEXIS 83 ( Ky. 2012 ).

Although landlords were the statutory owners under KRS 258.235(4) of a tenant’s dog, they were not liable under KRS 258.095(5) for injuries a minor sustained when attacked by the dog because the dog attack occurred off the premises, and liability could only arise for attacks occurring on or about the premises. Benningfield v. Zinsmeister, 367 S.W.3d 561, 2012 Ky. LEXIS 83 ( Ky. 2012 ).

Where ownership of a dog is premised on permission for the dog to remain on property, there must be an element of tenancy, even for a short period of time, in order to establish liability; therefore, liability would not extent to temporary excursions onto another’s property, even when done so with the landowner’s permission, for example when a dog entered a public park in which dogs were allowed. Benningfield v. Zinsmeister, 367 S.W.3d 561, 2012 Ky. LEXIS 83 ( Ky. 2012 ).

Trial court properly instructed the jury to determine a dog owner's liability under a negligence standard because the proper inquiry was whether the owner had reason to anticipate the victim's presence or whether he failed to exercise ordinary care in controlling the dogs for the safety of others. Maupin v. Tankersley, 2016 Ky. App. LEXIS 165 (Ky. Ct. App. Sept. 16, 2016), rev'd, 540 S.W.3d 357, 2018 Ky. LEXIS 84 ( Ky. 2018 ).

Language of subsection (4) is clear, but equally clear is the language of subsequent case law interpreting and applying that clear language; this case law applies a general negligence standard where an unexpected visitor wanders onto an owner's property and is attacked. Maupin v. Tankersley, 2016 Ky. App. LEXIS 165 (Ky. Ct. App. Sept. 16, 2016), rev'd, 540 S.W.3d 357, 2018 Ky. LEXIS 84 ( Ky. 2018 ).

3.Defenses.

Firefighter’s Rule did not apply to a situation where: (1) an animal control officer, who was responding to a call to pick up a dog that had bitten someone, parked the officer’s truck two blocks from the residence of the dog owners; (2) the parent of one of the owners saw the truck and walked the dog to the truck; (3) the parent motioned for the officer to get out of the truck; (4) the officer, not knowing who the parent was or that the dog was the one for which the officer had come, got out of the truck; and (5) the dog bit the officer. Fetchko v. Morgan, 2008 Ky. App. LEXIS 195 (Ky. Ct. App. June 27, 2008), review denied, ordered not published, 2009 Ky. LEXIS 134 (Ky. Feb. 11, 2009).

Assumption of risk doctrine did not apply to a situation where: (1) an animal control officer, who was responding to a call to pick up a dog that had bitten someone, parked the officer’s truck two blocks from the residence of the dog owners; (2) the parent of one of the owners saw the truck and walked the dog to the truck; (3) the parent motioned for the officer to get out of the truck; (4) the officer, not knowing who the parent was or that the dog was the one for which the officer had come, got out of the truck; and (5) the dog bit the officer. Fetchko v. Morgan, 2008 Ky. App. LEXIS 195 (Ky. Ct. App. June 27, 2008), review denied, ordered not published, 2009 Ky. LEXIS 134 (Ky. Feb. 11, 2009).

4.Insurance Issues.

Summary judgment was properly granted for an insurer in an action under KRS 258.235(4) by the mother of a child that was attacked by an insured’s dog because the insured’s homeowner’s policy was unambiguous and barred coverage for a claim against the insured, who was watching child while pursuing a business interest in a home day care facility. Holzknecht v. Ky. Farm Bureau Mut. Ins. Co., 320 S.W.3d 115, 2010 Ky. App. LEXIS 143 (Ky. Ct. App. 2010).

Opinions of Attorney General.

A police officer has authority to kill a dog on private property when he has entered the private property to investigate a report that the dog has bitten a child outside the private property and the dog attacks the police officer and, because of the provisions of KRS 258.245 exempting police officers from its provisions, he may do so even though the dog bears a license tag for the current year. OAG 71-3 .

Research References and Practice Aids

Cross-References.

Cruelty to animals, Penal Code, KRS 525.130 .

Treatises

Kentucky Instructions To Juries (Civil), 5th Ed., Animals, §§ 15.01, 15.02.

ALR

Validity of statute or ordinance providing for destruction of dogs. 56 A.L.R.2d 1024.

Liability for injuring or killing dog to protect cat. 73 A.L.R.2d 1039, 8 A.L.R.4th 1287.

Privilege to kill or injure non-trespassing licensed dog to defend third person from harm or attack by animal. 74 A.L.R.2d 770.

Liability to social guest injured by dog. 79 A.L.R.2d 995.

Measure and elements of damages for killing or injuring dog. 1 A.L.R.3d 997.

Personal liability of public officer for killing or injuring animals while carrying out statutory duties with respect to it. 2 A.L.R.3d 822.

Liability of owner of dog known by him to be vicious for injuries to trespasser. 64 A.L.R.3d 1039.

Landlord’s liability to third person for injury resulting from attack by dangerous or vicious animal kept by tenant. 87 A.L.R.4th 1004.

Validity and construction of statute, ordinance, or regulation applying to specific dog breeds, such as “pit bulls” or “bull terriers”, 80 A.L.R.4th 7.

Contributory negligence, assumption of risk, or intentional provocation as defense to action for injury by dog. 11 A.L.R.5th 127.

Keeping of Domestic Animal As Constituting Public or Private Nuisance, 90 A.L.R.5th 619.

Dog as Deadly or Dangerous Weapon for Purposes of Statutes Aggravating Offenses Such as Assault and Robbery, 124 A.L.R.5th 657.

Action in Replevin for Recovery of Dog or Cat, 85 A.L.R.6th 429.

258.240. License for part of year. [Repealed.]

Compiler’s Notes.

This section (68b-8) was repealed by Acts 1954, ch. 119, § 41.

258.245. Dogs with rabies vaccination and identification considered personal property — Destruction prohibited.

All dogs that have a valid rabies vaccination and bear identification are hereby declared to be personal property and subjects of larceny. Except as provided in KRS 258.235 , it shall be unlawful for any person except a peace officer or animal control officer to destroy, or attempt to destroy, any dog that bears identification.

History. Enact. Acts 1954, ch. 119, § 27, effective June 17, 1954; 1998, ch. 440, § 6, effective July 15, 1998; 2003, ch. 181, § 3, effective June 24, 2003; 2004, ch. 189, § 19, effective July 13, 2004.

Opinions of Attorney General.

Under the provisions of subsection (1) of this section, a county attorney would not be authorized to prosecute a person who shot and killed another person’s unlicensed dog. OAG 72-99 .

258.250. License not to be transferred from one dog to another. [Repealed.]

Compiler’s Notes.

This section (68b-9) was repealed by Acts 1954, ch. 119, § 41.

258.255. Confinement and control of female dog when in heat.

Every female dog in heat shall be confined in a building or secure enclosure in such a manner that the female dog cannot come in contact with a male dog except for a planned breeding.

History. Enact. Acts 1954, ch. 119, § 28, effective June 17, 1954; 2004, ch. 189, § 20, effective July 13, 2004.

258.260. Issuance of license when dog removed to another county. [Repealed.]

Compiler’s Notes.

This section (68b-10) was repealed by Acts 1954, ch. 119, § 41.

258.265. Care and control of dog — Destruction of dog running at large at night — Exemption for hunting dogs.

  1. An owner shall exercise proper care and control of his dog to prevent the dog from violating any local government nuisance ordinance.
  2. Any peace officer or animal control officer may seize or destroy any dog found running at large between the hours of sunset and sunrise and unaccompanied and not under the control of its owner or handler. A peace officer or animal control officer shall be under a duty to make a fair and reasonable effort to determine whether any dog found at large between sunset and sunrise is a hound or other hunting dog which has become lost temporarily from a pack or wandered from immediate control of its owner, or handler, and if he is reasonably sure that the dog is a hunting dog, then he shall not destroy the dog, unless it is found in the act of pursuing or wounding livestock, or wounding or killing poultry, or attacking human beings.
  3. A hound or hunting dog may be unrestrained when engaged in lawful hunting activities while on private or public property designated or authorized for that purpose.

History. Enact. Acts 1954, ch. 119, § 29, effective June 17, 1954; 1998, ch. 440, § 7, effective July 15, 1998; 2004, ch. 189, § 21, effective July 13, 2004.

Opinions of Attorney General.

A city ordinance providing that any dog running loose at night, whether licensed or not, may be destroyed should make destruction optional and conditioned on those factors contained in subsection (2) of this section. OAG 73-105 .

258.270. Kennel licenses; application; form; fees. [Repealed.]

Compiler’s Notes.

This section (68b-11) was repealed by Acts 1954, ch. 119, § 41.

258.275. Liability for property loss or injury by dog or coyote — Procedures for enforcing claims for damages. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 119, § 30, effective June 17, 1954; 1978, ch. 39, § 1, effective June 17, 1978; 1988, ch. 63, § 1, effective July 15, 1988) was repealed by Acts 2004, ch. 189, § 31, effective July 13, 2004. For comparable provisions, see KRS 258.235 .

258.280. Kennel license tags; to be kept on dog. [Repealed.]

Compiler’s Notes.

This section (68b-11, 68b-12) was repealed by Acts 1954, ch. 119, § 41.

258.285. Payments from livestock fund — Subrogation of claimant’s rights. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 119, § 31, effective June 17, 1954; 1988, ch. 63, § 2, effective July 15, 1988) was repealed by Acts 2004, ch. 189, § 31, effective July 13, 2004.

258.290. Dogs to be kept in kennel. [Repealed.]

Compiler’s Notes.

This section (68b-11, 68b-12) was repealed by Acts 1954, ch. 119, § 41.

258.295. Payment by dog owner bars payment from livestock fund — Maximum sums for certain livestock and poultry — Appraisal value. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 119, § 32, effective June 17, 1954; 1988, ch. 63, § 3, effective July 15, 1988) was repealed by Acts 2004, ch. 189, § 31, effective July 13, 2004.

258.300. County tax commissioner to list dogs; fee; reports. [Repealed.]

Compiler’s Notes.

This section (68b-16) was repealed by Acts 1954, ch. 119, § 41.

258.305. Compensation of dog owner where licensed dog is killed. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 119, § 33, effective June 17, 1954; 1998, ch. 440, § 8, effective July 15, 1998) was repealed by Acts 2004, ch. 189, § 31, effective July 13, 2004.

258.310. Sheriff to keep record of licenses and transfers of dogs. [Repealed.]

Compiler’s Notes.

This section (68b-14), was repealed by Acts 1954, ch. 119, § 41.

258.315. Validity and payment of claims for loss or damage under prior law. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 119, § 34) was repealed by Acts 1968, ch. 152, § 168.

258.320. County livestock fund; sheriff to keep record of collections. [Repealed.]

Compiler’s Notes.

This section (68b-15, 68b-19, 68b-33) was repealed by Acts 1954, ch. 119, § 41.

258.325. Confinement and destruction of dog found to have caused loss or damage to livestock, persons, or poultry — Harborer of unlicensed dog forfeits rights in livestock fund. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 119, § 35, effective June 17, 1954; 1998, ch. 440, § 9, effective July 15, 1998) was repealed by Acts 2004, ch. 189, § 31, effective July 13, 2004.

258.330. Sheriff to turn over six percent of license moneys to commissioner. [Repealed.]

Compiler’s Notes.

This section (68b-32) was repealed by Acts 1954, ch. 119, § 41.

258.335. False statements and concealment of facts prohibited.

It shall be unlawful for any person knowingly to make any false statement or to conceal any fact required to be disclosed under any of the provisions of this chapter.

History. Enact. Acts 1954, ch. 119, § 36, effective June 17, 1954.

258.340. County may aid when fund insufficient; surplus to be paid to school fund. [Repealed.]

Compiler’s Notes.

This section (68b-27, 68b-29, 68b-37) was repealed by Acts 1954, ch. 119, § 41.

258.345. Quarantine of dogs in case of excessive damage to livestock, poultry, or domestic game birds — Destruction of dogs in violation of quarantine. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 119, § 37; 1966, ch. 239, § 177; 1998, ch. 440, § 10, effective July 15, 1998) was repealed by Acts 2004, ch. 189, § 31, effective July 13, 2004.

258.350. Sheriff’s fee for issuing licenses. [Repealed.]

Compiler’s Notes.

This section (68b-15) was repealed by Acts 1954, ch. 119, § 41.

258.355. Nonliability of state for losses, injuries or destruction of livestock, poultry or dogs except claims arising after June 30, 1954. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 119, § 38; 1956, ch. 120, § 1) was repealed by Acts 2004, ch. 189, § 31, effective July 13, 2004.

258.360. Sheriff to make annual report to commissioner. [Repealed.]

Compiler’s Notes.

This section (68b-36a) was repealed by Acts 1954, ch. 119, § 41.

258.365. Other state and local laws not affected.

Nothing in this chapter shall be construed to prohibit or limit the right of any governing body to pass or enforce any ordinance with respect to the regulation of dogs or other animals, the provisions of which are not inconsistent with the provisions of this chapter. Nothing in this chapter shall be construed to repeal any of the provisions of the fish and game laws of the Commonwealth of Kentucky now in effect, nor any laws relating to the powers and duties of the secretary for health and family services, or any health officer relating to rabid animals or animals affected with any disease, or to prohibit the destroying of any animal in accordance with the provisions of any quarantine regulations, made in accordance with the provisions of any local or state health law.

History. Enact. Acts 1954, ch. 119, § 39, effective June 17, 1954; 1998, ch. 426, § 521, effective July 15, 1998; 2004, ch. 189, § 22, effective July 13, 2004; 2005, ch. 99, § 574, effective June 20, 2005.

NOTES TO DECISIONS

1.County Ordinances.

County ordinance that banned the possession of pit bull terriers was not invalid. It was supplemental to, rather than inconsistent with, KRS ch. 258, which banned vicious dogs generally, since it did not limit the statute’s application but instead provided a more comprehensive plan of protection. Bess v. Bracken County Fiscal Court, 210 S.W.3d 177, 2006 Ky. App. LEXIS 347 (Ky. Ct. App. 2006).

Opinions of Attorney General.

A city may by ordinance require the licensing or registering of dogs and impose a license fee or tax upon keeping them as a clear exercise of the city’s police power. OAG 66-501 .

A dog warden appointed under a county animal control program and having county wide peace officer powers by virtue of his being a deputy sheriff has the power to enforce the respective dog ordinances of cities that are members of the program. OAG 74-122 .

Cities of all classes are authorized to enact legislation controlling and regulating dogs under their general police powers. OAG 76-149 .

City ordinance that provided that dogs must be chained or secured between sunset and sunrise to prevent them running at large and that owners must keep their dogs under their personal control at all times to prevent them from trespassing on and destroying and damaging property is a valid ordinance and complies with the State dog law and the terms of this section. OAG 78-260 .

If a city has an ordinance regulating dogs under the authority of this section, it could enter into a contract with the humane society for the establishment and joint operation of a dog pound within or without the city, or at least a contract for its use upon construction, and appropriate public funds for such purpose. OAG 78-516 .

Where the penalty imposed by a city ordinance for failure to confine dogs in heat is less than the penalties imposed by state statute, the ordinance is improper. OAG 80-330 .

A city, pursuant to this section, may enact an ordinance relating to dog control so long as it does not conflict with the provisions of KRS Chapter 258. OAG 82-597 .

A city, pursuant to this section and KRS 82.082 , is authorized to enact ordinances, with respect to the regulation of dogs, which are not inconsistent with the provisions of KRS Chapter 258 and which could include authorizing the city dog warden to pick up dogs found running at large; such an ordinance could apply to licensed and unlicensed dogs. OAG 83-209 .

258.370. Dog license collector — Appraisal of livestock injured by dog. [Repealed.]

Compiler’s Notes.

This section (68c-1: amend. Acts 1944, ch. 114) was repealed by Acts 1954, ch. 119, § 41.

258.380. License collector’s term; removal. [Repealed.]

Compiler’s Notes.

This section (68c-5: amend. Acts 1944, ch. 114, § 1) was repealed by Acts 1954, ch. 119, § 41, effective June 17, 1954.

258.390. Bond of license collector. [Repealed.]

Compiler’s Notes.

This section (68c-4: amend. Acts 1944, ch. 114, § 1) was repealed by Acts 1954, ch. 119, § 41, effective June 17, 1954.

258.400. Compensation of license collector; disposition of license moneys. [Repealed.]

Compiler’s Notes.

This section (68c-3: amend. Acts 1944, ch. 114, § 1) was repealed by Acts 1954, ch. 119, § 41, effective June 17, 1954.

258.410. Functions of dog licnese collector. [Repealed.]

Compiler’s Notes.

This section (68c-2: amend. Acts 1944, ch. 114, § 1) was repealed by Acts 1954, ch. 119, § 41, effective June 17, 1954.

258.420. Liability of owner of dog injuring livestock; county to indemnify livestock owner; when. [Repealed.]

Compiler’s Notes.

This section (68b-25) was repealed by Acts 1954, ch. 119, § 41, effective June 17, 1954.

258.430. Appraisal of livestock injured by dog. [Repealed.]

Compiler’s Notes.

This section (68b-24) was repealed by Acts 1954, ch. 119, § 41, effective June 17, 1954.

258.440. Maximum amounts to be paid for livestock. [Repealed.]

Compiler’s Notes.

This section (68b-28) was repealed by Acts 1954, ch. 119, § 41, effective June 17, 1954.

258.450. Judge to make certificate of appraisal; confirmation by fiscal court. [Repealed.]

Compiler’s Notes.

This section (68b-26) was repealed by Acts 1954, ch. 119, § 41, effective June 17, 1954.

258.460. Fiscal court to deliver papers to claimant; claimant to deliver them to sheriff. [Repealed.]

Compiler’s Notes.

This section (68b-26) was repealed by Acts 1954, ch. 119, § 41, effective June 17, 1954.

258.470. Sheriff to draw warrant for payment; certification by judge. [Repealed.]

Compiler’s Notes.

This section (68b-27) was repealed by Acts 1954, ch. 119, § 41, effective June 17, 1954.

258.480. Claims to continue until paid in full. [Repealed.]

Compiler’s Notes.

This section (68b-29) was repealed by Acts 1954, ch. 119, § 41, effective June 17, 1954.

258.490. Making of false statements prohibited. [Repealed.]

Compiler’s Notes.

This section (68b-30) was repealed by Acts 1954, ch. 119, § 41, effective June 17, 1954.

258.500. Persons with assistance dogs not to be denied accommodations, transportation, or elevator service — Conditions — Exemption from licensing fees — Denial of emergency medical treatment for assistance dog prohibited.

  1. As used in subsections (1) to (11) of this section, “person” means a “person with a disability” as defined by KRS 210.770 . “Person” also includes a trainer of an assistance dog.
  2. If a person is accompanied by an assistance dog, neither the person nor the dog shall be denied admittance to any hotel, motel, restaurant, or eating establishment, nor shall the person be denied full and equal accommodations, facilities, and privileges of all public places of amusement, theater, or resort when accompanied by an assistance dog.
  3. Any person accompanied by an assistance dog shall be entitled to full and equal accommodations on all public transportation, if the dog does not occupy a seat in any public conveyance, nor endanger the public safety.
  4. No person shall be required to pay additional charges or fare for the transportation of any accompanying assistance dog.
  5. No person accompanied by an assistance dog shall be denied admittance and use of any public building, nor denied the use of any elevator operated for public use.
  6. Any person accompanied by an assistance dog may keep the dog in his immediate custody while a tenant in any apartment, or building used as a public lodging.
  7. All trainers accompanied by an assistance dog shall have in their personal possession identification verifying that they are trainers of assistance dogs.
  8. The provisions of this section shall not apply unless the person complies with the legal limitations applicable to nondisabled persons and unless all requirements of KRS 258.015 and 258.135 have been complied with.
  9. Assistance dogs are exempt from all state and local licensing fees.
  10. Licensing authorities shall accept that the dog for which the license is sought is an assistance dog if the person requesting the license is a person with a disability or the trainer of the dog.
  11. Emergency medical treatment shall not be denied to an assistance dog assigned to a person regardless of the person’s ability to pay prior to treatment.
  12. No person shall willfully or maliciously interfere with an assistance dog or the dog’s user.

History. Enact. Acts 1966, ch. 118, §§ 1 to 4; 1970, ch. 92, § 81; 1978, ch. 184, § 1, effective June 17, 1978; 1982, ch. 44, § 1, effective July 15, 1982; 1990, ch. 44, § 1, effective July 13, 1990; 1998, ch. 163, § 1, effective July 15, 1998; 2002, ch. 94, § 2, effective July 15, 2002; 2004, ch. 189, § 23, effective July 13, 2004; 2007, ch. 48, § 1, effective June 26, 2007.

NOTES TO DECISIONS

1.Improper Muzzle.

Where defendant, standing on what he thought were his statutory rights, challenged the authority of the police, in that he could have left the premises, but instead invited his own arrest, where the evidence was clear that the police acted cautiously and reasonably and only arrested defendant at his own insistence, and where the evidence was clear beyond reasonable doubt that the seeing-eye dog was not properly muzzled, defendant’s arrest was therefore proper. Myers v. Louisville, 590 S.W.2d 348, 1979 Ky. App. LEXIS 488 (Ky. Ct. App. 1979).

Opinions of Attorney General.

A blind woman may, pursuant to this section, take her guide dog with her to her place of employment at the concession stand in a county courthouse building provided she and the guide dog satisfy all the requirements of this section. OAG 80-122 .

Research References and Practice Aids

Northern Kentucky Law Review.

ADA Amendments Issue: Note: Monkeys and Horses and Ferrets Oh My! Non-Traditional Service Animals Under the ADA, 37 N. Ky. L. Rev. 415 (2010).

258.505. Use of gunshot as euthanasia.

Gunshot shall not be used as a routine method of euthanasia in animal shelter settings. This prohibition shall not apply in animal shelter settings if an animal presents a threat to the health or safety of anyone lawfully on the premises of the shelter. The prohibition against gunshot shall also not apply to peace officers or animal control officers outside animal shelter situations if an animal:

  1. Cannot be seized;
  2. Presents a threat to the health or safety of the general public; or
  3. Has an injury or physical condition which causes the animal to suffer.

History. Enact. Acts 2004, ch. 189, § 1, effective July 13, 2004.

Penalties

258.990. Penalties.

  1. Any person who violates KRS 258.015 , 258.035 , 258.055 , 258.065 , or 258.085 shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100). Each day of violation shall constitute a separate offense.
  2. The owner of any dog, cat, or ferret which bites a human being shall be liable to pay all damages for personal injuries resulting from the bite of the dog, cat, or ferret.
    1. Any person violating or failing or refusing to comply with KRS 258.095 to 258.365 , except KRS 258.235(5)(a), shall, upon conviction, be fined not less than five dollars ($5) nor more than one hundred dollars ($100), or be imprisoned in the county jail for not less than five (5) nor more than sixty (60) days, or both.
    2. Any person violating KRS 258.235(5)(a) shall be punished by a fine of not less than fifty dollars ($50) nor more than two hundred dollars ($200), or by imprisonment in the county jail for not less than ten (10) nor more than sixty (60) days, or both.
  3. All fines collected under subsection (3) of this section shall after costs and commissions have been deducted, be paid to the department to be credited to the animal control and care fund.

History. Enact. Acts 1954, ch. 119, §§ 11 and 40; 1958, ch. 126, § 34; 1998, ch. 440, § 11, effective July 15, 1998; 2004, ch. 189, § 24, effective July 13, 2004.

Compiler’s Notes.

Former KRS 258.990 (68a-8, 68a-9, 68b-20, 68b-33) was repealed by Acts 1954, § 41.

NOTES TO DECISIONS

Cited:

Upchurch v. Clinton County, 330 S.W.2d 428, 1959 Ky. LEXIS 200 ( Ky. 1959 ); May v. Holzknecht, 320 S.W.3d 123, 2010 Ky. App. LEXIS 142 (Ky. Ct. App. 2010).

Opinions of Attorney General.

Where a county failed to appoint a dog warden or establish a dog pound, the penalty provisions of this section would apply to the fiscal court members in their initial capacity, even though the county itself is cloaked with sovereign immunity. OAG 79-161 .

Research References and Practice Aids

Treatises

Kentucky Instructions To Juries (Civil), 5th Ed., Animals, §§ 15.01, 15.02.

258.991. Penalties.

Any person violating KRS 258.500(2), (3), (4), (5), (6), (11), or (12) shall be punished by a fine of not less than two hundred and fifty dollars ($250), nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not less than ten (10) nor more than thirty (30) days, or both. No person shall be charged with a violation of KRS 258.500(2), (3), (4), (5), (6), (11), or (12) if the requirements of KRS 258.500(7) are not met.

History. Enact. Acts 1966, ch. 118, § 5; 1998, ch. 163, § 2, effective July 15, 1998; 2002, ch. 94, § 3, effective July 15, 2002; 2007, ch. 48, § 2, effective June 26, 2007.

CHAPTER 259 Strays and Animals Running at Large

259.010. Cattle not to run at large where highways are under construction. [Repealed.]

Compiler’s Notes.

This section (4645m-7) was repealed by Acts 1950, ch. 20, § 6.

259.020. County, justice’s district or precinct may prohibit cattle from running at large. [Repealed.]

Compiler’s Notes.

This section (4645m-1, 4645m-4, 4645m-7) was repealed by Acts 1950, ch. 20, § 6.

259.030. Petition for election; time of election. [Repealed.]

Compiler’s Notes.

This section (4645m-1) was repealed by Acts 1950, ch. 20, § 6.

259.040. Fiscal court to decide how much territory election to apply to; decision and election result to last four years. [Repealed.]

Compiler’s Notes.

This section (4645m-1) was repealed by Acts 1950, ch. 20, § 6.

259.050. Petitioners to pay cost of election. [Repealed.]

Compiler’s Notes.

This section (4645m-2) was repealed by Acts 1950, ch. 20, § 6.

259.060. Notice of election to be given. [Repealed.]

Compiler’s Notes.

This section (4645m-3) was repealed by Acts 1950, ch. 20, § 6.

259.070. Question to be placed on ballots. [Repealed.]

Compiler’s Notes.

This section (4645m-4) was repealed by Acts 1950, ch. 20, § 6.

259.080. Declaration and record of election results. [Repealed.]

Compiler’s Notes.

This section (4645m-6) was repealed by Acts 1950, ch. 20, § 6.

259.090. Effect of election. [Repealed.]

Compiler’s Notes.

This section (4645m-4) was repealed by Acts 1950, ch. 20, § 6.

259.100. What allegations are sufficient in prosecution. [Repealed.]

Compiler’s Notes.

This section (4645m-5) was repealed by Acts 1950, ch. 20, § 6.

259.105. Definitions for chapter.

The following definitions apply in this chapter unless the context otherwise requires:

  1. “Local government” means any city, county, urban-county, charter county, consolidated local government, or unified local government;
  2. “Stray cattle” means any animal of the bovine, ovine, porcine, or caprine species for which the owner is no longer claiming ownership or for which the owner cannot be determined, but not including any member of the equine species; and
  3. “Stray equine” means any animal of the equine species for which the owner is no longer claiming ownership or for which the owner cannot be determined.

History. Enact. Acts 2010, ch. 92, § 1, effective July 15, 2010.

259.110. Stray equine may be taken up — By whom — When.

A stray equine may be taken up and posted by any person or entity if it is found running at large outside of its enclosure or if it can be determined from the circumstances that its owner has abandoned it. Stray cattle may be taken up and posted by any freeholder by legal or equitable title or by a tenant of an unexpired lease for not less than three (3) years when found on his place of residence.

History. 4652, 4653; 2010, ch. 92, § 2, effective July 15, 2010.

NOTES TO DECISIONS

1.Posting.

The taker-up of a stray cannot use it before it is posted, except where necessary for stray’s preservation. Barrett v. Lightfoot, 17 Ky. 241 , 1824 Ky. LEXIS 203 ( Ky. 1824 ) (decided under prior law).

Where one in possession of a stray horse, which he had never posted, bailed the horse to defendant, he could recover the horse or, if the horse could not be had, its value. Borron's Adm'r v. Landes, 62 Ky. 299 , 1864 Ky. LEXIS 67 ( Ky. 1864 ) (decided under prior law).

Cited:

True v. Shelton, 314 Ky. 446 , 235 S.W.2d 1009, 1951 Ky. LEXIS 668 ( Ky. 1951 ).

Research References and Practice Aids

Cross-References.

“Cattle” defined, KRS 446.010 .

Diseased animals not to be allowed to run at large, KRS 257.040 .

Dogs running at large at night may be destroyed by peace officers, KRS 258.265 .

General assembly not to pass special or local legislation regulating the running at large of stock, Const., § 59(17).

Hogs not to be allowed to run at large on public levees, KRS 266.210 .

259.120. Method of taking up and posting stray equines and stray cattle — Fees.

Stray equines and stray cattle shall be taken up and posted in the following manner:

    1. Documentation of stray equines shall be taken before a county judge/executive of the district, who shall administer to the taker-up an oath, in substance, that the equine was taken up by him as a stray and that he has not defaced or altered the marks, brands, or other identifiers, including but not limited to microchips or freeze brands, of the equine.
    2. Documentation of stray cattle shall be taken before a county judge/executive of the district, who shall administer to the taker-up an oath, in substance that the cattle were taken by him as strays on his premises within the preceding ten (10) days and that he has not defaced or altered the marks or brands of the cattle.
    3. Duties of the county judge/executive pertaining to stray equines shall be to:
      1. Contract with a licensed veterinarian, who shall document the stray equine’s breed, color, sex, marks, brands, scars, and other distinguishing features, perform a microchip scan, and identify the existence of lip tattoos, freeze brands, or microchips;
      2. Record the veterinarian’s findings, the name and residence of the taker-up, and the location of the stray equine in a book to be kept by him for that purpose;
      3. Maintain documentation in electronic and paper format; and
      4. Send a copy of the documentation of the stray equine to the Office of the State Veterinarian, who shall post notification on the Office of the State Veterinarian’s Web site. The Office of the State Veterinarian shall post one (1) photograph of the stray equine’s front view, including its head and feet, and one (1) photograph of the stray equine’s side view from muzzle to tail;
  1. The county judge/executive shall give to the taker-up a copy of the documentation for the record and immediately deliver to the county clerk a certified copy of the same record;
  2. The clerk shall immediately record the stray certificate of the county judge/executive as provided by the taker-up in a book to be kept by him for that purpose;
  3. The taker-up shall immediately post a copy of the county judge/executive’s certificate in the sheriff’s office with jurisdiction over the area where the stray cattle or stray equine was taken up after he has posted the stray. Hold time for stray equines shall begin after all documentation has been properly filed and posted by the county judge/executive and taker-up; and
    1. If ownership is found from identifiers of the stray equine such as lip tattoos, freeze brands, or microchips, efforts shall be made by the county/judge executive or his designee to ascertain the owner by investigatory due diligence in locating the owner and providing notice before holding time expires. The owner/claimants of the stray equine shall reimburse the county judge/executive for the cost of the veterinarian’s assessment per the contracted agreement.
    2. The taker-up shall be paid by the owner of the stray, if and when he claims the stray or its value, the actual itemized costs incurred by the taker-up for keeping the stray equine or cattle. In the event that a dispute arises relating to ownership, adverse claimants, third-party claims or liens, value of the equine, or actual itemized expenses incurred, the parties may file an action in a court of competent jurisdiction of the county in which the stray equine was taken up. The filing of an action under this paragraph shall toll holding time as to vesting of ownership interests.
    3. The taker-up may have the stray equine sterilized only after the fifteen (15) day holding period has expired and ownership vested pursuant to KRS 259.130 , and any pending court cases pertaining to the stray equine have been resolved.

HISTORY: 4657: amend. Acts 1966, ch. 239, § 178; 2010, ch. 92, § 3, effective July 15, 2010; 2015 ch. 13, § 1, effective June 24, 2015.

NOTES TO DECISIONS

1.Lien.

Taker-up of a stray has a lien on the property taken up for his fee for his trouble, and cost of feeding, and cannot be divested of possession until they are paid. Garabrant v. Vaughn, 41 Ky. 327 , 1842 Ky. LEXIS 39 ( Ky. 1842 ) (decided under prior law).

259.130. Property vests in taker-up after fifteen days following posting.

The absolute ownership of a stray equine shall vest in the taker-up at the expiration of fifteen (15) days after the county judge/executive has received the evidence of the required documentation, administered the oath to the taker-up, and the county judge/executive and taker-up have filed and posted the required documentation pursuant to KRS 259.120 . The absolute ownership of stray cattle shall vest in the taker-up after the expiration of twelve (12) months from the day on which the cattle have been posted.

HISTORY: 4654; 2010, ch. 92, § 4, effective July 15, 2010; 2015 ch. 13, § 2, effective June 24, 2015.

NOTES TO DECISIONS

1.Sale.

The sale of stray horse by taker-up at the expiration of two (2) years without demand, divests the original owner of his right to the horse and substitutes a right to its reported value; but where the horse is sold before the two (2) years without demand, the owner may recover the horse from any person in possession. Hudson v. Agee & Son, 69 Ky. 366 , 1869 Ky. LEXIS 160 ( Ky. 1869 ) (decided under prior law).

259.140. Taker-up to pay owner value of stray equines or cattle, when — Limitation of liability.

  1. If cattle taken up under KRS 259.120 are sold for a profit before absolute ownership of the stray cattle has vested in the taker-up as provided by KRS 259.130 , then the taker-up shall pay to the owner upon demand and proof of ownership the amount received for the stray cattle less the amount owed by the owner to the taker-up under KRS 259.120 . The owner shall not be entitled to any payment from the taker-up under this section if demand for payment is made more than fifteen (15) days after the posting of the stray equine and vesting of ownership pursuant to KRS 259.130 or more than twelve (12) months after the posting of the stray cattle under KRS 259.120.
  2. County judges/executive or participating state agency, county clerks, and all other local government employees acting in good faith in the discharge of the duties imposed by KRS 259.105 , 259.110 , 259.120 , 259.130 , and this section shall be immune from criminal and civil liability for any act related to the taking up and posting of stray equines or stray cattle.

HISTORY: 4655; 2010, ch. 92, § 5, effective July 15, 2010; 2015 ch. 13, § 3, effective June 24, 2015.

259.150. Altering marks, removal and destruction of strays prohibited. [Repealed.]

Compiler’s Notes.

This section (4656) was repealed by Acts 2010, ch. 92, § 7, effective July 15, 2010.

259.160. Horse, jack or bull running at large may be taken up — Notice when owner known. [Repealed.]

Compiler’s Notes.

This section (43, 46) was repealed by Acts 2010, ch. 92, § 7, effective July 15, 2010.

259.170. Animal taken up to be gelded. [Repealed.]

Compiler’s Notes.

This section (43, 44) was repealed by Acts 2010, ch. 92, § 7, effective July 15, 2010.

259.180. Owner of animal unknown — Notice — Gelding. [Repealed.]

Compiler’s Notes.

This section (45) was repealed by Acts 2010, ch. 92, § 7, effective July 15, 2010.

259.190. Fees of taker-up — Property vests in taker-up, when — Recovery by owner. [Repealed.]

Compiler’s Notes.

This section (44, 45) was repealed by Acts 2010, ch. 92, § 7, effective July 15, 2010.

259.200. Trespassing on park, camp grounds or floodwalls prohibited.

No person shall permit any cattle to run or trespass upon any state or national parks, encampment grounds, scout camps, grounds dedicated to religious, educational or recreational purposes or floodwalls erected at public expense.

History. 4645n-2: amend. Acts 1954, ch. 229, § 1.

Opinions of Attorney General.

The legislature has seen fit to impose fines on persons who permit cattle to run or trespass on certain public lands but apparently no broader criminal liabilty for trespassing animals has been imposed. OAG 82-262 .

259.210. Cattle not to run at large — Damages — Lien, impounding — Powers of cities.

  1. No person shall permit any cattle owned by him or under his control or in his custody, to run at large.
  2. If any damage is committed by cattle permitted to run at large, the owner of the cattle shall be liable for all damages, whether the place where the damages occurred is inclosed by lawful fence or not. The person damaged shall have a lien on the cattle committing the damage for the amount of the damage and cost of suit.
  3. The sheriff or any other peace officer shall impound any cattle found running at large in the county, and the owner or bailee of the cattle shall pay to the officer impounding, for each head impounded, one dollar ($1) and the cost of feeding and taking care of the cattle, but the cost of impounding any number of cattle shall not exceed three dollars ($3) and the cost of feeding. The sheriff or any other peace officer shall have a lien on the cattle impounded for his fees and expenses, which he may enforce in the same manner in which mortgage liens are enforced.
  4. Nothing in this section shall be construed as limiting any powers possessed by cities to regulate cattle running at large.

History. Enact. Acts 1950, ch. 20, §§ 1 to 4.

NOTES TO DECISIONS

1.Hogs.

The term “cattle” includes hogs. Woodford v. Hall, 257 S.W.2d 902, 1953 Ky. LEXIS 810 ( Ky. 1953 ).

2.Unenclosed Land.

Under this section the owner of hogs must restrain them from unenclosed lands and the landowner may recover for damages because of trespassing hogs in spite of the fact that he has not constructed a lawful fence. Woodford v. Hall, 257 S.W.2d 902, 1953 Ky. LEXIS 810 ( Ky. 1953 ).

3.Prima Facie Case.

After plaintiffs established that their automobile ran into a cow on the public highway and that defendant owned the cow, the defendant is required to come forward with the facts of how the cow got loose or permit the plaintiff’s prima facie case to go to the jury. Ellington v. Strader, 285 S.W.2d 497, 1955 Ky. LEXIS 81 ( Ky. 1955 ).

If a person is damaged by an animal at large, the plaintiff has made a prima facie case by proving the accident and the defendant’s ownership or control. Campbell v. White, 357 S.W.2d 849, 1962 Ky. LEXIS 146 ( Ky. 1962 ).

The unexplained presence of a cow on a highway creates against the owner a rebuttable presumption of negligence. Sparks v. Doe, 379 S.W.2d 252, 1964 Ky. LEXIS 235 ( Ky. 1964 ).

Where the evidence of the owner of the cattle presented to the jury a question of credibility as to whether or not he had inspected the fence and whether it was in rotten condition at a time prior to the accident when he either knew about it or should have known about it and should have repaired it, the question of the owner’s negligence was properly submitted to the jury. Oliver Trucking Co. v. Harris, 441 S.W.2d 775, 1969 Ky. LEXIS 330 ( Ky. 1969 ).

The unexplained presence of livestock on the highway creates against the owner or custodian of the livestock a rebuttable presumption of negligence which will entitle an injured plaintiff to a directed verdict as to the defendant’s negligence unless the animal’s keeper adduces rebutting evidence on that issue. Rankin v. Blue Grass Boys Ranch, Inc., 469 S.W.2d 767, 1971 Ky. LEXIS 312 ( Ky. 1971 ).

Where the plaintiff presented evidence that a pony and a mule owned by the defendant were turned into a pasture but were on the adjoining road when the plaintiff hit the mule, such proof made out a prima facie case against the defendant. Rankin v. Blue Grass Boys Ranch, Inc., 469 S.W.2d 767, 1971 Ky. LEXIS 312 ( Ky. 1971 ).

4.Verdict.

Where animals owned by the defendant were on a road without explanation of how they got there although they might have gotten there by several means, it was not within the ambit of forbidden speculation for the jury to find that the animals escaped by reason of the defendant’s failure to exercise ordinary care to prevent their escape. Rankin v. Blue Grass Boys Ranch, Inc., 469 S.W.2d 767, 1971 Ky. LEXIS 312 ( Ky. 1971 ).

5.Applicability.

Lessors of land were not statutorily liable for injuries sustained by a lessee of the land from a horse on the leased property because Ky. Rev. Stat. Ann. § 259.210 only applied to animals present on a public roadway. Groves v. Woods, 2018 Ky. App. LEXIS 59 (Ky. Ct. App. Jan. 26, 2018, sub. op., 2018 Ky. App. Unpub. LEXIS 687 (Ky. Ct. App. Jan. 26, 2018).

Cited:

Massie v. Salmon, 277 S.W.2d 49, 1955 Ky. LEXIS 463 ( Ky. 1955 ); Louisville & N. R. Co. v. Faulkner, 307 S.W.2d 196, 1957 Ky. LEXIS 83 ( Ky. 1957 ).

Opinions of Attorney General.

Where cattle are roaming over a road which is not a county road, the owner of the cattle claims fee simple ownership of the road, and the cattle are contained on the landowner’s premises, including the road, by means of cattle guards, whether this section has been violated or not depends on the status of the road. If it is in fact the private property of the cattle’s owner, there is no violation; on the other hand, if the road has attained the status of a public road, then the other property owners along the road may have a cause of action. OAG 88-59 .

Research References and Practice Aids

Cross-References.

Cattle, definition of, KRS 446.010 .

Treatises

Caldwell’s Kentucky Form Book, 5th Ed., Answer to KRS 259.210 Cattle Trespass Complaint Asserting Defense Under KRS 256.090 , Form 140.08.

Caldwell’s Kentucky Form Book, 5th Ed., Complaint for Cattle Trespass on Unenclosed Property by Breaking Through Defendant’s Lawful Fence Under KRS 256.090 , Strict Liability, Form 140.07.

Caldwell’s Kentucky Form Book, 5th Ed., Complaint for Cattle Trespass under KRS 259.210 , Negligence, Form 140.05.

Caldwell’s Kentucky Form Book, 5th Ed., Practice Context for Animals, § 140.00.

Caldwell’s Kentucky Form Book, 5th Ed., Synopsis to Chapter 140 ANIMALS, § 140.syn.

Kentucky Instructions To Juries (Civil), 5th Ed., Animals, § 15.03.

259.990. Penalties.

  1. Any person who violates KRS 259.200 shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100), and each head of cattle trespassing shall constitute a separate offense.
  2. Any person who violates KRS 259.210 shall be fined not less than five dollars ($5) nor more than twenty-five dollars ($25).

History. 4645m-4, 4645n-2, 4656: amend. Acts 1950, ch. 20, § 5; 1954, ch. 229, § 2; 2010, ch. 92, § 6, effective July 15, 2010.

Compiler’s Notes.

Original subsection (1) (4658) of this section was repealed by Acts 1950, ch. 20, § 6.

Opinions of Attorney General.

The legislature has seen fit to impose fines on persons who permit cattle to run or trespass on certain public lands but apparently no broader criminal liability for trespassing animals has been imposed. OAG 82-262 .

Research References and Practice Aids

Treatises

Kentucky Instructions To Juries (Civil), 5th Ed., Animals, § 15.03.

CHAPTER 260 Marketing of Agricultural Products

260.010. Definitions.

As used in this chapter, unless the context requires otherwise:

  1. “Commissioner” means the Commissioner of Agriculture.
  2. “Experiment station” means the agricultural experiment station.
  3. “Hay” means grass, alfalfa, clover, or other forage crop cut and dried as fodder.
  4. “Producer” means a person who cultivates or harvests hay or other agricultural products for sale.

History. 42c-3a, 1905a-30: amend. Acts 1988, ch. 160, § 1, effective July 15, 1988; 2006, ch. 35, § 1, effective July 12, 2006.

Research References and Practice Aids

Cross-References.

Department of agriculture, KRS ch. 246.

Foods, drugs and poisons, KRS ch. 217.

Promotion of agriculture and horticulture, KRS ch. 247.

Market Services

260.015. Logo or labeling statement program — Licensing — Penalty. [Repealed, reenacted and amended.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 407, § 1, effective July 13, 1990; 1994, ch. 169, § 1, effective July 15, 1994; 1996, ch. 43, § 1, effective July 15, 1996; 2000, ch. 239, § 1, effective July 14, 2000) was repealed, reenacted and amended as KRS 260.017 by Acts 2008, ch. 154 § 3, effective July 15, 2008.

260.016. Definitions for KRS 260.016 to 260.019.

As used in KRS 260.016 to 260.019 :

  1. “Agricultural product” means any farm product grown, raised, or produced as a result of being in the business of “agriculture,” as defined by KRS 246.010 ; and
  2. “Kentucky-grown agricultural product” means any agricultural product grown, raised, produced, processed, or manufactured in Kentucky; and any product processed or manufactured from one (1) of the following fish species, provided the fish were harvested from a river, lake, or other body of water located in Kentucky: Asian carp, paddlefish, or sturgeon.

History. Enact. Acts 2008, ch. 154, § 3, effective July 15, 2008; 2021 ch. 101, § 1, effective June 29, 2021.

260.017. Kentucky Proud™ Program — Logo or statement labeling — Licensing — Penalty.

  1. The Commissioner shall establish a Kentucky Proud™ Program to promote the sale of agricultural products and, if funds are available, shall develop a logo or labeling statement for use in identifying Kentucky-grown agricultural products that qualify for the program. The Commissioner may develop labeling statements that apply to specific marketing or promotional needs.
  2. The logo or labeling statement shall not be used without a license from the Commissioner, except that wholesalers and retailers may use the logo or labeling statement for displaying and advertising products that qualify for the Kentucky Proud™ Program. The Commissioner may deny the use of the logo or labeling statements if they are used in a manner that does not meet the criteria of the program.
  3. The logo or labeling statement shall not supersede or replace any federal or state label or grade statement that is required by law.
  4. A person shall not use the logo or labeling statement without an annual license from the Commissioner.
  5. In order to accomplish the purposes of this section, the Commissioner may participate jointly with persons in appropriate logo programs and projects and may enter into contracts necessary to carry out those programs and projects.
  6. If funds are available, the Department of Agriculture may provide grants-in-aid and other assistance to those persons who wish to participate in the Kentucky Proud™ Program.
  7. The Commissioner may promulgate administrative regulations necessary to carry out the provisions of KRS 260.016 to 260.019 , and may establish a fee schedule for persons who process, manufacture, or distribute eligible agricultural products in Kentucky. Those persons may be required to pay a fee into the fund created by KRS 260.019 in order to participate in the Kentucky Proud™ Program.
  8. It shall be the duty of the department, or upon the request of the Commissioner of Agriculture, of the Attorney General, to bring an action for the recovery of the penalties provided in this section, and to bring an action for an injunction against any person violating or threatening to violate any of the provisions of KRS 260.016 to 260.019 or the administrative regulations promulgated in accordance with KRS 260.016 to 260.019 .
  9. A person who is required to have a license to participate in the Kentucky Proud™ Program and uses the logo or labeling statement without a license after being notified by the Commissioner that a license is required shall be liable to a civil penalty not to exceed the sum of one hundred dollars ($100) for the violation, and an additional civil penalty not to exceed one hundred dollars ($100) for each day during which the violation continues. The penalties shall be recoverable in an action brought in the name of the Commonwealth of Kentucky by the department or, upon the department’s request, by the Attorney General.

History. Repealed, reenact. and amend., Acts 2008, ch. 154, § 4, effective July 15, 2008.

Compiler’s Notes.

This section was formerly compiled as KRS 260.015 .

260.018. Kentucky Proud™ Advisory Council.

    1. The Kentucky Proud Advisory Council is hereby created for the purpose of advising the department concerning the implementation and administration of the Kentucky Proud™ Program authorized by KRS 260.017 . The council shall consist of the following twelve (12) members:
      1. Commissioner, or the Commissioner’s designee, who shall serve as chair and who shall appoint the members in subparagraphs 3. to 11. of this paragraph;
      2. Dean, University of Kentucky College of Agriculture, or the dean’s representative;
      3. One (1) farmer member of the Kentucky Proud Program;
      4. One (1) Kentucky food retailer;
      5. One (1) Kentucky food distributor;
      6. One (1) Kentucky food processor;
      7. One (1) Kentucky agritourism venue operator;
      8. One (1) representative of a Kentucky agriculture commodity organization;
      9. One (1) Kentucky restaurateur;
      10. One (1) producer of a Kentucky Proud product; and
      11. Two (2) at-large members.
    2. Each appointed member of the council shall serve for a term of two (2) years or until a successor is appointed and may be reappointed for additional terms.
    3. The chair or a majority of the members may call a meeting to order, and the council may meet as often as necessary for the conduct of its business. A majority of the membership shall constitute a quorum for the transaction of business.
    4. The council shall:
      1. Advise the department concerning the implementation and administration of the Kentucky Proud™ Program; and
      2. Make recommendations to the department regarding the content of administrative regulations promulgated by the department in accordance with KRS 260.016 to 260.019
  1. Appointed council members may be reimbursed for reasonable and necessary expenses incurred while engaged in carrying out the official duties of the council.
  2. The council shall be attached to the Department of Agriculture for administrative purposes.

History. Enact. Acts 2008, ch. 154, § 5, effective July 15, 2008.

260.019. Kentucky Proud™ promotion fund.

  1. The Kentucky Proud™ promotion fund is created in the State Treasury as a trust and agency account to be administered by the department for the purposes provided in this section.
  2. Notwithstanding the provisions of KRS 45.229 , any moneys accruing to this fund in any fiscal year, including state appropriations, gifts, grants, federal funds, interest, and any other funds both public and private, shall not lapse but shall be carried forward to the next fiscal year.
  3. Moneys received in the fund shall be used for administrative expenses to support the Kentucky Proud™ Program, provide grants-in-aid, and other purposes and expenses related to promoting Kentucky-grown agricultural products.
  4. No producer or processor of wild caught Asian carp, paddlefish, or sturgeon shall be eligible for moneys from the Kentucky Proud™ promotion fund or the rural development fund as provided under KRS 248.655 . An aquaculture producer who raises paddlefish or sturgeon in Kentucky under controlled or semi-controlled conditions shall be eligible for such funds.

History. Enact. Acts 2008, ch. 154, § 6, effective July 15, 2008; 2021 ch. 101, § 2, effective June 29, 2021.

260.020. Office of Agricultural Marketing — Executive director — Administrative Regulations.

  1. The Office of Agricultural Marketing in the Department of Agriculture shall be under the supervision of the Commissioner, and shall consist of personnel determined and appointed by the Commissioner.
  2. The Office of Agricultural Marketing shall be headed by an executive director appointed by the Commissioner.
  3. The Commissioner may promulgate administrative regulations to carry out the provisions of any programs established under the Office of Agricultural Marketing, and may establish fees for the administration of those programs.

HISTORY: 42a-3: amend. Acts 1948, ch. 138; 1966, ch. 255, § 223; 1990, ch. 393, § 3, effective July 13, 1990; 1994, ch. 121, § 2, effective July 15, 1994; 1998, ch. 358, § 1, effective July 15, 1998; 2002, ch. 209, § 2, effective July 15, 2002; 2018 ch. 3, § 5, effective July 14, 2018.

260.030. Functions of Office of Agricultural Marketing.

  1. The Office of Agricultural Marketing shall:
    1. Promote and develop markets for Kentucky agricultural products, assist in setting up farm cooperatives, and assist in coordinating feasibility studies, loans, grants, and funding activities for producers and cooperatives;
    2. Gather and disseminate information concerning supply, demand, prevailing prices, and commercial movement, including common and cold storage of food products, and maintain market news service for the purpose of disseminating this information;
    3. Foster and encourage the inspection, grading, standardizing, labeling, and branding of farm products; provide standards of excellence and brands for the use of producers and consumers in the marketing of Kentucky-grown products; and promote the standardization of packages and containers for those purposes;
    4. Promulgate administrative regulations for the grading, packing, hauling, storing, and sale of farm products if the administrative regulations are authorized by statutes, and enforce those administrative regulations;
    5. Act as mediator or arbitrator, when invited, in any issue that may arise between producers and distributors of agricultural products;
    6. Encourage the establishment of public markets and direct dealing between producer and consumer;
    7. Promote the sale of Kentucky-grown products locally, and in domestic and international markets;
    8. Encourage the development of a market for the commercial production of earthworms;
    9. Negotiate and enter into cooperative agreements with the United States Department of Agriculture or any other appropriate federal agency for carrying out the provisions of this section;
    10. Develop opportunities for the diversification of Kentucky agriculture, including additional crops and enterprises for tobacco growers; and
    11. Establish an Organic Agricultural Product Certification Program.
  2. The functions of the office shall be supplementary to, and not in duplication of, the educational activities of the College of Agriculture of the University of Kentucky.
  3. In accomplishing its purposes, the office shall not compete with business operated by private capital.

HISTORY: 42a-4: amend. Acts 1948, ch. 137; 1980, ch. 362, § 1, effective July 15, 1980; 1990, ch. 393, § 4, effective July 13, 1990; 1994, ch. 121, § 3, effective July 15, 1994; 1998, ch. 358, § 2, effective July 15, 1998; 2002, ch. 209, § 3, effective July 15, 2002; 2018 ch. 3, § 6, effective July 14, 2018.

Research References and Practice Aids

Cross-References.

Administrative regulations, adoption date and effective date, KRS 13A.330 .

260.031. Kentucky Farmers Market Nutrition Program — Fund.

  1. The Kentucky Farmers Market Nutrition Program is created within the Kentucky Department of Agriculture, in collaboration with the Cabinet for Health and Family Services, for the purpose of enhancing nutrition. The program’s services may include the provision of fresh, locally grown produce to low-income citizens, including but not limited to seniors and recipients of the Special Supplemental Nutrition Program for Women, Infants, and Children provided by the federal Food and Nutrition Service.
  2. The department may collaborate with the United States Department of Agriculture, the University of Kentucky College of Agriculture Cooperative Extension Service, local Area Agencies on Aging, community agencies, foundations, philanthropic organizations, farmers, and local fiscal courts to:
    1. Identify funding sources;
    2. Establish services and a program delivery strategy;
    3. Market the program to citizens and farmers; and
    4. Develop strategies to introduce fresh, locally grown fruits and vegetables into school food programs.
  3. The department may promulgate administrative regulations to establish eligibility criteria and implement the program established in subsection (1) of this section.
  4. The department may accept gifts, grants, federal or state funds, or any other public or private funds to develop or implement the program.
  5. The Kentucky Farmers Market Nutrition Program fund is created in the State Treasury as a trust and agency account. Moneys deposited in the fund shall be disbursed by the State Treasurer upon the warrant of the Commissioner of the Kentucky Department of Agriculture. This fund shall be used solely for the purpose of providing nutritious food to low-income citizens. The fund shall not lapse, and funds not expended during any fiscal year shall carry forward to the next fiscal year.

History. Enact. Acts 2007, ch. 116, § 1, effective June 26, 2007.

Legislative Research Commission Note.

(6/26/2007). A manifest clerical or typographical error in this section has been corrected by the Reviser of Statutes under the authority of KRS 7.136 .

260.032. Annual report on the Kentucky Farmers Market Nutrition Program.

The Commissioner of the Kentucky Department of Agriculture shall submit an annual report to the Interim Joint Committee on Health and Welfare and the Interim Joint Committee on Agriculture, which includes but is not limited to:

  1. The amount of funding received for the Kentucky Farmers Market Nutrition Program;
  2. The economic impact of the program;
  3. Strategies implemented to market the program and improve nutrition; and
  4. Statistics related to the number of individuals served and farmers’ markets participating in the program.

History. Enact. Acts 2007, ch. 116, § 2, effective June 26, 2007; 2010, ch. 135, § 7, effective July 15, 2010.

260.033. Hay grading program.

  1. The Department of Agriculture shall promote the sale of hay produced in the state by administering a standard grading program for evaluating hay quality.
  2. The department shall, after consultation with the University of Kentucky College of Agriculture and associations actively involved in promoting the sale of hay within the state, promulgate administrative regulations establishing quality standards and procedures for grading hay, and shall promote the sale of hay produced by participants in the department’s standard grading program.

History. Enact. Acts 1988, ch. 160, § 2, effective July 15, 1988; 1996, ch. 318, § 184, effective July 15, 1996; 2006, ch. 31, § 1, effective July 12, 2006.

260.035. Identification of opportunities in procurement process to encourage agricultural economy — Report.

The Commissioner of Agriculture shall identify opportunities in the state procurement process for the Commonwealth to use its purchasing power to support and encourage the growth of Kentucky’s agricultural economy. Those opportunities shall include the sale of Kentucky-grown agricultural products, as defined in KRS 45A.630 , to any public purchasing unit, as defined in KRS 45A.295(3), including but not limited to the Department of Parks, the Department of Corrections, public universities, school districts, and local governments across the Commonwealth. The Commissioner shall report those opportunities to the Governor, the secretary of the Finance and Administration Cabinet, and the Legislative Research Commission by October 1, 2002. The report shall also include recommended changes in the procurement system that may accommodate the sale of more Kentucky-grown agricultural products to state agencies.

History. Enact. Acts 2002, ch. 344, § 2, effective July 15, 2002.

260.036. Agricultural products grading program.

  1. The Department of Agriculture may promote the sale of raw agricultural products produced in the state by operating, maintaining, and administering a standard grading program for evaluating raw agricultural products.
  2. The department may, after consultation with the University of Kentucky College of Agriculture and associations actively involved in promoting the sale of agricultural products within the state, promulgate standards for grading, marking, weighing, storing, transporting, and harvesting these agricultural products. These standards shall promote the sale of agricultural products by standardizing the quality and quantity of the raw agricultural products produced by participants in the department’s standard grading program.
  3. The department may undertake appropriate measures to aid, encourage, foster, and promote the sale, development, and improvement of raw agricultural products produced in the state which have been graded by a department standard grading program.
  4. The department may employ persons to carry out the provisions of this section.
  5. The department may administer the provisions of this section and adopt administrative regulations to carry out the provisions of this section. The department may conduct examinations, inspections, or hearings for the proper administration of this standard grading program. All authorized hearings shall be conducted in accordance with KRS Chapter 13B.
  6. The department may collect a reasonable fee for grading services provided to a participant in the standard grading program. However, the fee shall not exceed thirty dollars ($30) per sample graded by the department’s employees. All fees collected under the provisions of this section shall be credited to the department for use in carrying out the standard grading program.

History. Enact. Acts 1988, ch. 160, § 3, effective July 15, 1988; 1996, ch. 318, § 185, effective July 15, 1996.

260.037. Certificate of free sale — Fee — Administrative regulations.

  1. As used in this section, “certificate of free sale” means a document attesting that a product is legally sold or distributed in the open, without restriction, in the country of origin.
  2. The Department of Agriculture is authorized to issue certificates of free sale for products that are manufactured or processed in Kentucky and not intended for human consumption.
  3. The department shall charge a reasonable fee for issuing certificates of free sale.
  4. The department may adopt rules and promulgate administrative regulations necessary to carry out this section.

HISTORY: 2018 ch. 48, § 1, effective July 14, 2018.

260.038. Organic certification fund.

  1. There is hereby established in the State Treasury a separate trust and agency account to be known as the “organic certification fund” to be administered by the Department of Agriculture for the purposes provided in this section. Any moneys accruing to this fund in any fiscal year shall not lapse but shall be carried forward to the next fiscal year.
    1. Any moneys deposited in the fund shall be used to provide for a portion of the operating costs of the Organic Agricultural Product Certification Program required under KRS 260.030 ;
    2. Any moneys received from the collection of certification fees from the Organic Agricultural Product Certification Program shall be deposited in the fund; and
    3. The fund may receive state appropriations, gifts, grants, and federal funds.

History. Enact. Acts 2002, ch. 209, § 1, effective July 15, 2002.

Apples

260.040. Commissioner to enforce law — Apples exempt. [Repealed.]

Compiler’s Notes.

This section (1905a-20, 1905a-28, 1905a-32) was repealed by Acts 2006, ch. 35, § 3, effective July 12, 2006.

260.050. Packages of apples to be marked. [Repealed.]

Compiler’s Notes.

This section (1905a-20, 1905a-21, 1905a-23) was repealed by Acts 2006, ch. 35, § 3, effective July 12, 2006.

260.060. Sale or distribution of improperly marked, adulterated or misbranded apples prohibited. [Repealed.]

Compiler’s Notes.

This section (1905a-22, 1905a-24, 1905a-27) was repealed by Acts 2006, ch. 35, § 3, effective July 12, 2006.

260.070. Standard barrel for apples — Dimensions. [Repealed.]

Compiler’s Notes.

This section (1905a-32) was repealed by Acts 2006, ch. 35, § 3, effective July 12, 2006.

260.080. Standard grades for apples. [Repealed.]

Compiler’s Notes.

This section (1905a-20) was repealed by Acts 2006, ch. 35, § 3, effective July 12, 2006.

260.090. Minimum size of apples — Tolerances. [Repealed.]

Compiler’s Notes.

This section (1905a-20) was repealed by Acts 2006, ch. 35, § 3, effective July 12, 2006.

260.100. When apple packages deemed misbranded. [Repealed.]

Compiler’s Notes.

This section (1905a-25) was repealed by Acts 2006, ch. 35, § 3, effective July 12, 2006.

260.110. When apple packages deemed adulterated. [Repealed.]

Compiler’s Notes.

This section (1905a-26) was repealed by Acts 2006, ch. 35, § 3, effective July 12, 2006.

260.120. Guaranty relieves recipient from liability — Guarantor liable. [Repealed.]

Compiler’s Notes.

This section (1905a-29) was repealed by Acts 2006, ch. 35, § 3, effective July 12, 2006.

Strawberries

260.130. Growers exempt. [Repealed.]

Compiler’s Notes.

This section (42c-3c) was repealed by Acts 2006, ch. 35, § 3, effective July 12, 2006.

260.140. Packages of strawberries to be marked. [Repealed.]

Compiler’s Notes.

This section (42c-3c) was repealed by Acts 2006, ch. 35, § 3, effective July 12, 2006.

260.150. Standard grades for strawberries. [Repealed.]

Compiler’s Notes.

This section (42c-3b) was repealed by Acts 2006, ch. 35, § 3, effective July 12, 2006.

260.160. Commissioner to enforce KRS 260.130 to 260.160 — Functions. [Repealed.]

Compiler’s Notes.

This section (42c-3d: amend. Acts 1956, ch. 167) was repealed by Acts 2006, ch. 35, § 3, effective July 12, 2006.

Grapes

260.165. Kentucky Grape and Wine Council — Composition.

  1. The Kentucky Grape and Wine Council is hereby created within the Department of Agriculture. The purpose of the council shall be to promote and facilitate the development of a Kentucky-based grape industry in the Commonwealth of Kentucky.
  2. The council shall be composed of the Commissioner of Agriculture, or his designee, and nine (9) members appointed by the Governor. Of the nine (9) gubernatorial appointments, the Governor shall appoint one (1) from a list of three (3) candidates submitted by the director of the University of Kentucky Agriculture Experiment Station, one (1) from a list of three (3) candidates submitted by the secretary of the Tourism, Arts and Heritage Cabinet, three (3) winery operators from a list of six (6) candidates submitted by the Commissioner of Agriculture, two (2) grape producers from a list of four (4) candidates submitted by the Commissioner of Agriculture, and two (2) citizens at large.
  3. Of the members appointed after January 1, 2007, three (3) members shall serve a term of one (1) year, two (2) shall serve a term of two (2) years, two (2) shall serve a term of three (3) years, and two (2) shall serve a term of four (4) years, as the Governor designates. Thereafter, appointed members shall serve terms of four (4) years and until their successors are appointed and qualify. A vacancy in an unexpired term shall be filled for the unexpired portion of the term in the same manner as the original appointment to that term.
  4. The council shall select a chairman and shall meet at least once every three (3) months at the times and places the chairman designates. Six (6) members present at any meeting shall constitute a quorum. Upon the written request of any five (5) members, the chairman shall call a meeting of the council at the time and place requested.
  5. The council may enact bylaws concerning the conduct of the council’s business and other administrative procedures as the council deems necessary.
  6. Members shall receive no compensation but shall be reimbursed, payable from the Kentucky Grape and Wine Council fund, for any actual travel expense incurred while attending meetings of the council.

History. Enact. Acts 1990, ch. 54, § 2, effective July 13, 1990; 1998, ch. 48, § 21, effective July 15, 1998; 2002, ch. 49, § 20, effective July 15, 2002; 2002, ch. 315, § 4, effective July 15, 2002; 2005, ch. 95, § 52, effective June 20, 2005; 2006, ch. 179, § 5, effective January 1, 2007; 2009, ch. 16, § 67, effective June 25, 2009.

Legislative Research Commission Note.

(7/15/2002). This section was amended by 2002 Ky. Acts chs. 49 and 315, which are in conflict. Under KRS 446.250 , Acts ch. 315, which was last enacted by the General Assembly, prevails.

260.166. Powers and duties of Kentucky Grape and Wine Council.

  1. The Kentucky Grape and Wine Council, created in KRS 260.165 to promote and facilitate the development of a grape, grape products, and wine industry, may:
    1. Conduct and contract with others to conduct research on grapes, grape products, and wine in Kentucky and elsewhere for use in Kentucky, including but not limited to:
      1. Methods of marketing, market development, and distribution;
      2. Methods of storage, refrigeration, processing, and transportation;
      3. Methods of production and product development;
      4. Methods of agronomic, enological, and viticultural practices to improve these practices in Kentucky; and
      5. Economic benefits and impact from the industry;
    2. Publish and provide and contract with others to publish and provide wholesalers and retailers in the Kentucky grape, grape products, and wine industry with information on proper methods of handling and selling grapes, grape products, and wine;
    3. Publish and provide and contract with others to publish and provide producers of Kentucky grapes, grape products, and wine, as well as the general public, with information relating to Kentucky grapes, grape products, and wine; and
    4. Design and implement or contract with others to design and implement activities relating to Kentucky grapes, grape products, and wine, including but not limited to:
      1. Market surveys and analyses;
      2. Industry promotion programs;
      3. Market maintenance and expansion plans;
      4. Education programs;
      5. Public relations programs;
      6. Economic impact analyses; and
      7. Other analysis or research relating to the promotion and sale of Kentucky grapes, grape products, and wine.
  2. The Kentucky Grape and Wine Council, to the extent that funds are available, shall:
    1. Promote the sale of grapes, grape products, and wine for the purpose of maintaining and expanding present markets and creating new markets for Kentucky grapes, grape products, and wine for the maximum economic impact on the agricultural economy of Kentucky;
    2. Inform the public, producers, and vendors about Kentucky grapes, grape products, and wine, including uses and benefits of these products;
    3. Advise the Commissioner to:
      1. Expend moneys from the Kentucky Grape and Wine Council fund created in KRS 260.168 to carry out the duties and recommendations of the council; and
      2. Hire staff to carry out the duties and recommendations of the council; and
      3. Promulgate administrative regulations to carry out the duties and recommendations of the council;
    4. Coordinate with the Kentucky Department of Agriculture and other state agencies in carrying out these duties;
    5. Report annually to the Governor and the General Assembly on the activities of the Kentucky Grape and Wine Council; and
    6. Report by November 1 of each year to the Interim Joint Committee on Licensing and Occupations of the Kentucky General Assembly and the Agricultural Development Board on the coordination between Kentucky wineries and Kentucky wholesalers to promote the availability of Kentucky wine to retailers.

History. Enact. Acts 2002, ch. 315, § 1, effective July 15, 2002; 2006, ch. 179, § 3, effective January 1, 2007.

260.167. Duties of Commissioner relating to Kentucky Grape and Wine Council.

The Commissioner shall, to the extent that funds are available and with the advice and recommendation of the council:

  1. Receive and disburse funds from the Kentucky Grape and Wine Council fund created in KRS 260.168 ;
  2. Hire staff to carry out the duties and recommendations of the council;
  3. Promulgate administrative regulations to carry out the duties and recommendations of the council;
  4. Assist in the preparation of the annual report of the council; and
  5. Monitor the activities of the council to ensure timely performance of the duties of the council under KRS 260.166 .

History. Enact. Acts 2002, ch. 315, § 2, effective July 15, 2002.

260.168. Kentucky Grape and Wine Council fund.

There is established and created in the State Treasury, a fund entitled the “Kentucky Grape and Wine Council fund” to provide funds to offset the costs of the Kentucky Grape and Wine Council. The fund may receive state appropriations, gifts, grants, federal funds, and any other funds both public and private. Money deposited in the fund shall be disbursed by the State Treasurer upon the warrant of the Commissioner of Agriculture or the Commissioner’s representative. Any unallocated or unencumbered balances in the fund shall be invested as provided in KRS 42.500(9), and any income earned from the investments along with the unallotted or unencumbered balances in the fund shall not lapse, and shall be deemed a trust and agency account and made available solely for the purposes and benefits of the Kentucky Grape and Wine Council.

History. Enact. Acts 2002, ch. 315, § 3, effective July 15, 2002.

260.170. Testing of milk and cream. [Repealed.]

Compiler’s Notes.

This section (1905a-51, 1905a-52) was repealed by Acts 1956, ch. 128, § 16.

260.175. Kentucky small farm wineries support fund.

  1. The Kentucky small farm wineries support fund is created as a separate revolving fund. The support fund shall consist of amounts transferred to the fund pursuant to the provisions of subsection (2) of this section and any other proceeds from grants, contributions, appropriations, or other moneys made available for the purposes of the fund. Fund amounts not expended at the close of the fiscal year shall not lapse but shall be carried forward into the next fiscal year. Any interest earnings of the fund shall become a part of the fund and shall not lapse.
  2. A total of four hundred thousand dollars ($400,000) shall be deposited in the Kentucky small farm wineries support fund each fiscal year from the general fund. The funds shall be used by the Kentucky Grape and Wine Council as follows:
    1. Two hundred thousand dollars ($200,000) of these funds shall be used for the promotion, advertising, and marketing in Kentucky of wine produced by small farm wineries located in Kentucky. The Grape and Wine Council shall collaborate with the Kentucky Department of Agriculture and the Kentucky Department of Travel and Tourism to develop a marketing plan that shall include brand development, direct mail and e-marketing, Web site development, collateral brochures and maps, advertising, familiarization trips, a retail program, and any other topics that the marketing plan developers deem appropriate or that may be established through the promulgation of administrative regulations;
    2. One hundred thousand dollars ($100,000) of these funds shall be used by the Grape and Wine Council, in collaboration with the Kentucky Department of Agriculture and the Kentucky Department of Travel and Tourism, to establish a local marketing cost-share program. For the purposes of this section, “local marketing cost-share program” means a mechanism to provide Kentucky small farm wineries with access to matching funds reimbursements for projects that promote and market their products. Standards for the application for, and receipt of, matching funds reimbursements authorized in this section shall be established through the promulgation of administrative regulations;
    3. Twenty-five thousand dollars ($25,000) of these funds shall be used for funding the administrative costs of the Kentucky Grape and Wine Council. The costs shall include but not be limited to reimbursement for the council’s appointed members’ travel expenses while attending meetings of the council;
    4. Seventy-five thousand dollars ($75,000) shall be used for the payment of fees to licensed wholesalers who apply to the Kentucky Grape and Wine Council to participate in a wine distribution program established by the Kentucky Grape and Wine Council. A licensed wholesaler shall apply and shall be eligible for consideration for the program. The licensed wholesaler shall agree to distribute the wine produced by small farm wineries licensed under KRS 243.155 and shall agree to sell the wine to retailers for the same price the wholesaler paid for the wine; and
    5. The funds allocated to each purpose under paragraphs (a) to (d) of this subsection shall be used exclusively for the purpose designated. Use of the funds designated for each purpose shall be strictly adhered to, and the funds shall not be used to support any other purpose. If at the end of any fiscal year funds designated for one (1) of the purposes are unused, the unused funds shall not lapse and shall be carried forth to the succeeding year for the original purpose designated.
  3. The Kentucky Grape and Wine Council shall advise the Commissioner of the Department of Agriculture regarding promulgation of administrative regulations necessary to carry out the provisions and purposes of subsection (2) of this section. The Department of Agriculture shall collaborate with the Kentucky Department of Travel and Tourism and the Kentucky Grape and Wine Council in developing any administrative regulations promulgated under the authority of this section.

History. Enact. Acts 2006, ch. 179, § 4, effective January 1, 2007; 2009, ch. 16, § 68, effective June 25, 2009; 2010, ch. 65, § 6, effective July 15, 2010.

Official Comments

2022-2024 Budget Reference.

See State/Executive Branch Budget, 2022 Ky. Acts ch. 199, Pt. I, A, 21, (4) at 1645.

NOTES TO DECISIONS

1.Constitutionality.

KRS 260.175 does not discriminate against out-of-state wineries inasmuch as both in-state and out-of-state wineries can apply for Kentucky licenses. Cherry Hill Vineyards, LLC v. Hudgins, 488 F. Supp. 2d 601, 2006 U.S. Dist. LEXIS 93266 (W.D. Ky. 2006 ), aff'd, 553 F.3d 423, 2008 FED App. 0458P, 2008 U.S. App. LEXIS 26086 (6th Cir. Ky. 2008 ).

260.180. Milk buyer to employ licensed tester; license for tester. [Repealed.]

Compiler’s Notes.

This section (1905a-49, 1905a-52) was repealed by Acts 1956, ch. 128, § 16.

260.190. Examining board. [Repealed.]

Compiler’s Notes.

This section (1905a-50) was repealed by Acts 1956, ch. 128, § 16.

260.200. Fraudulent manipulation of weights and unfair sampling prohibited. [Repealed.]

Compiler’s Notes.

This section (1905a-46) was repealed by Acts 1956, ch. 128, § 16.

260.210. Falsifying Babcock tests prohibited. [Repealed.]

Compiler’s Notes.

This section (1905a-48) was repealed by Acts 1956, ch. 128, § 16.

260.220. Standard and approved testing apparatus required; inspection fee. [Repealed.]

Compiler’s Notes.

This section (1905a-47, 1905a-52) was repealed by Acts 1956, ch. 128, § 16.

260.230. Standard milk test bottles. [Repealed.]

Compiler’s Notes.

This section (1905a-57) was repealed by Acts 1956, ch. 128, § 16.

260.240. Standard cream test bottles. [Repealed.]

Compiler’s Notes.

This section (1905a-57) was repealed by Acts 1956, ch. 128, § 16.

260.250. Standard pipette. [Repealed.]

Compiler’s Notes.

This section (1905a-58) was repealed by Acts 1956, ch. 128, § 16.

260.260. Standard weight. [Repealed.]

Compiler’s Notes.

This section (1905a-59) was repealed by Acts 1956, ch. 128, § 16.

260.270. Experiment station to employ assistants and issue publications. [Repealed.]

Compiler’s Notes.

This section (1905a-53) was repealed by Acts 1956, ch. 128, § 16.

260.300. Definitions for KRS 260.300 to 260.390. [Repealed.]

Compiler’s Notes.

This section (1954 Ky. Acts ch. 129, sec. 1, effective June 17, 1954) was repealed by Acts 1960, ch. 193, § 21.

260.310. Kentucky Dairy Commission — Nonliability of state. [Repealed.]

Compiler’s Notes.

This section (1954 Ky. Acts ch. 129, sec. 2, effective June 17, 1954) was repealed by Acts 1960, ch. 193, § 21.

260.320. Powers and duties of commission. [Repealed.]

Compiler’s Notes.

This section (1954 Ky. Acts ch. 129, sec. 3, effective June 17, 1954) was repealed by Acts 1960, ch. 193, § 21.

260.330. Registration of handlers — Permits — Assessment on milk and butterfat. [Repealed.]

Compiler’s Notes.

This section (1954 Ky. Acts ch. 129, sec. 4, effective June 17, 1954) was repealed by Acts 1960, ch. 193, § 21.

260.340. Payment of money into revolving fund. [Repealed.]

Compiler’s Notes.

This section (1954 Ky. Acts ch. 129, sec. 5, effective June 17, 1954) was repealed by Acts 1960, ch. 193, § 21.

260.350. Bonds of commission officers, agents and employes. [Repealed.]

Compiler’s Notes.

This section (1954 Ky. Acts ch. 129, sec. 6, effective June 17, 1954) was repealed by Acts 1960, ch. 193, § 21.

260.360. Records — Returns to be filed. [Repealed.]

Compiler’s Notes.

This section (1954 Ky. Acts ch. 129, sec. 7, effective June 17, 1954) was repealed by Acts 1960, ch. 193, § 21.

260.370. Hearings — Revocation of permits. [Repealed.]

Compiler’s Notes.

This section (1954 Ky. Acts ch. 129, sec. 8, effective June 17, 1954) was repealed by Acts 1960, ch. 193, § 21.

260.380. Referendum on assessment. [Repealed.]

Compiler’s Notes.

This section (1954 Ky. Acts ch. 129, sec. 9, effective June 17, 1954) was repealed by Acts 1960, ch. 193, § 21.

260.390. Enforcement duties of Attorney General and Commonwealth’s attorney. [Repealed.]

Compiler’s Notes.

This section (1954 Ky. Acts ch. 129, sec. 10, effective June 17, 1954) was repealed by Acts 1960, ch. 193, § 21.

260.400. Definitions for KRS 260.400 to 260.530. [Repealed.]

Compiler’s Notes.

This section (Acts 1956, ch. 128, § 1) was repealed by Acts 1960, ch. 120, § 17.

260.410. Prohibited practices by buyer. [Repealed.]

Compiler’s Notes.

This section (Acts 1956, ch. 128, § 2) was repealed by Acts 1960, ch. 120, § 17.

260.420. Unlawful practices by sampler or weigher. [Repealed.]

Compiler’s Notes.

This section (Acts 1956, ch. 128, § 3) was repealed by Acts 1960, ch. 120, § 17.

260.430. Unlawful practices by milk tester. [Repealed.]

Compiler’s Notes.

This section (Acts 1956, ch. 128, § 4) was repealed by Acts 1960, ch. 120, § 17.

260.440. Buyer’s license — Application for — Issuance — Expiration. [Repealed.]

Compiler’s Notes.

This section (Acts 1956, ch. 128, § 5) was repealed by Acts 1960, ch. 120, § 17.

260.450. Tester’s license required — Exception — Temporary permit. [Repealed.]

Compiler’s Notes.

This section (Acts 1956, ch. 128, § 6) was repealed by Acts 1960, ch. 120, § 17.

260.460. License required for persons who weigh, measure or sample milk or cream — Application for license — Issuance — Expiration. [Repealed.]

Compiler’s Notes.

This section (Acts 1956, ch. 128, § 7) was repealed by Acts 1960, ch. 120, § 17.

260.470. Testing equipment to be inspected by Experiment Station — Inspection fee. [Repealed.]

Compiler’s Notes.

This section (Acts 1956, ch. 128, § 8) was repealed by Acts 1960, ch. 120, § 17.

260.480. License fees. [Repealed.]

Compiler’s Notes.

This section (Acts 1956, ch. 128, § 9) was repealed by Acts 1960, ch. 120, § 17.

260.490. Director to enforce KRS 260.400 to 260.530 — Authority — Personnel — Rules and regulations. [Repealed.]

Compiler’s Notes.

This section (Acts 1956, ch. 128, § 10) was repealed by Acts 1960, ch. 120, § 17.

260.500. Revocation or suspension of licenses. [Repealed.]

Compiler’s Notes.

This section (Acts 1956, ch. 128, § 11) was repealed by Acts 1960, ch. 120, § 17.

260.510. Appeals fom orders of revocation. [Repealed.]

Compiler’s Notes.

This section (Acts 1956, ch. 128, § 12) was repealed by Acts 1960, ch. 120, § 17.

260.520. Examining board — Duties — Membership — Appointment — Terms — Meetings — Quorum — Compensation. [Repealed.]

Compiler’s Notes.

This section (Acts 1956, ch. 128, § 13) was repealed by Acts 1960, ch. 120, § 17.

260.530. Special fund — Expenditures. [Repealed.]

Compiler’s Notes.

This section (Acts 1956, ch. 128, § 14) was repealed by Acts 1960, ch. 120, § 17.

Egg Marketing Law

260.540. Definitions for KRS 260.540 to 260.650.

As used in KRS 260.540 to 260.650 , unless the context otherwise requires:

  1. “Ambient temperature” means the atmospheric temperature surrounding or encircling shell eggs;
  2. “Board” means the Egg Marketing Board;
  3. “Candle” means to determine the interior quality of a shell egg based on the use of a candling light as defined in the USDA Handbook 75(7 CFR Part 56);
  4. “Candled and graded” means candled and graded under state and federal standards and regulations;
  5. “Case” means a container of thirty (30) dozen shell eggs as used in commercial practice in the United States. The term “half-case” shall mean a container of fifteen (15) dozen eggs. Case also means any other quantity packaging which is considered a wholesale pack;
  6. “Check” means an egg that has a broken shell or a crack in the shell, but whose membranes are intact and whose contents are not leaking;
  7. “Commissioner” means the Commissioner of Agriculture;
  8. “Consumer” means all persons purchasing eggs for consumption and not resale;
  9. “Department” means the Department of Agriculture;
  10. “Dealer” means a person, organization, or cooperative engaged in the business of buying eggs from producers or other persons, either on his own account or as an agent, and selling or transferring eggs by the case or other quantity to a wholesaler, processor, retailer, specialty egg processor, or other persons or consumers;
  11. “Dirty egg” means an egg that has a shell that is unbroken and has adhering dirt or foreign material, or prominent stains covering more than one-fourth (1/4) of the shell surface;
  12. “Distributor” means any person who sells, offers, or otherwise exposes shell eggs or egg products to a wholesaler, retailer, or food service facility. “Distributor” also means any person or producer who distributes shell eggs or egg products to his or her own retail outlet, store, or food service facility;
  13. “Egg product” means processed and convenience forms of eggs for home and commercial use, including hard-cooked, or specialty egg products and pasteurized liquid, pasteurized frozen, or pasteurized dried egg products;
  14. “FDA” means the Federal Food and Drug Administration;
  15. “Handler” means a dealer, packer, processor, wholesaler, distributor, or retailer;
  16. “Inedible” means an egg that is unfit for human food in whole or in part, addled or moldy, containing black rot, white rot, blood ring, adherent yolks, or bloody whites, incubated beyond the blood ring stage, or consisting to any extent of filthy decomposed substance. This also includes any eggs unfit for human consumption due to causes other than those listed in this subsection;
  17. “Leaker” means an egg that has a crack or break in the shell and shell membranes to the extent that the egg contents are exposed or are exuding or free to exude through the shell;
  18. “Loss” means an egg that is unfit for human food because it is smashed or broken so that its contents are leaking; or overheated, frozen, or contaminated; or an incubator reject; or contains a bloody white, large meat spots, a large quantity of blood, or other foreign material;
  19. “Lot” means any given quantity of two (2) or more eggs of a named grade, billed on an invoice or inspected by the department;
  20. “Lot consolidation” means the removal of damaged eggs from consumer labeled cartons and replacement of the damaged eggs with eggs of the same grade, size, sell-by date, brand, lot, and source;
  21. “Packer” means any person who grades, sizes, candles, and packs eggs for purposes of sale;
  22. “Person” means any individual, firm, partnership, corporation, company, association, or any other type of business entity that traffics in, handles, or sells eggs, and shall include any trustee, receiver, or similar representative;
  23. “Producer” means any person who exercises control over the production of eggs and disposes of eggs from the output of his or her personally owned flock;
  24. “Registered lot consolidator” means a person who has successfully completed a training course in lot consolidation approved by the department and who is registered with the department;
  25. “Repacking” means changing the identity of a lot of shell eggs by removing them from the original container labeled by a packer and placing them into another container not labeled by the packer at the point of origin with the same grade, size, sell-by date, lot number, source, and brand;
  26. “Retailer” means any person selling or offering eggs for sale to consumers in this state;
  27. “Sell” means to offer for sale, expose for sale, have in possession for sale, exchange, barter, or trade;
  28. “Shell eggs” means the product of the domesticated hen and any other egg from the avian species offered for human consumption in its shell form;
  29. “Specialty egg processor” means a person who operates a plant for the purpose of breaking eggs for freezing or drying or commercial food manufacturing, and includes a person distributing his or her products from out-of-state. A specialty egg processor may also be known as a breaker or breaking plant;
    1. “Specialty egg products” means egg specialties processed for the food service industry including: wet-pack and dry-pack prepeeled hard-cooked eggs, either whole, wedged, sliced, chopped, or pickled; long rolls of hard-cooked eggs; frozen omelets; egg patties; quiche; quiche mix; frozen French toast; frozen scrambled egg mix in boilable pouches; frozen fried eggs; frozen precooked scrambled eggs; freeze-dried scrambled eggs; ultra-pasteurized liquid eggs; free-flowing frozen egg pellets; and specially coated shelf-stable hard-cooked eggs.
    2. “Specialty egg products” does not include eggs that are combined with other products in a convenience pack such as a meal, if the total package weight cannot be fairly divided between all items in the package allowing the egg product to have a separate calculated weight;
  30. “Stop order” means an order issued by an inspector or other authorized agent of the department removing the shell egg or egg products from sale until a release or change of order has been issued by an inspector or authorized agent of the department;
  31. “Ungraded and candled” means the general run of edible eggs as they come from the producer, not sized or graded, but candled;
  32. “USDA” means the United States Department of Agriculture;
  33. “Wholesaler” means a handler who is engaged in the business of buying eggs from producers or other persons on the handler’s own account and selling or transferring eggs to other dealers, wholesalers, processors, or retailers, or through other distribution channels; and
  34. “Withdraw from sale order” means an order issued by an inspector or other authorized agent of the department, permanently removing shell eggs or egg products from sale or distribution.

History. Enact. Acts 1956, ch. 121, § 1, effective January 1, 1957; 1998, ch. 208, § 1, effective July 15, 1998; 2005, ch. 40, § 1, effective June 20, 2005; 2008, ch. 66, § 1, effective July 15, 2008; 2014, ch. 4, § 1, effective March 5, 2014.

260.550. Prohibition against buying, selling, or processing eggs without license — Exceptions — Stop orders and withdraw from sale orders imposed for certain violations.

  1. No person shall buy, sell, trade, traffic, or process eggs in Kentucky without a license issued pursuant to the egg marketing law, with the following exceptions:
    1. Hatcheries purchasing eggs to be used exclusively for hatching purposes;
    2. Hotels, restaurants, and other eating places where all eggs purchased are served in the establishment;
    3. Bakeries, confectioneries, and ice cream manufacturers who use eggs in a manufactured product;
    4. Consumers buying eggs for their own consumption; or
    5. Producers who sell only directly to consumers and do not exceed a sales limit of sixty (60) dozen eggs per calendar week.
  2. Any person engaged in the act of selling shell eggs or egg products under any of the following circumstances shall have all shell eggs and egg products placed under a stop order:
    1. Selling or otherwise marketing shell eggs or egg products without a license;
    2. Selling or otherwise marketing shell eggs or egg products without first submitting an emergency recall plan to the department; or
    3. Failing to remit or pay fines owed to the department.
  3. Any person engaged in the act of selling or otherwise marketing shell eggs under the following conditions shall have those eggs placed under a stop order for:
    1. Failing to have the proper labels attached, as required by KRS 260.630 ; or
    2. Failing to meet the tolerances of consumer grades and consumer grade quality standards, as required by KRS 260.620 .
  4. Any person engaged in the act of selling or otherwise marketing shell eggs or egg products shall have these shell eggs or egg products placed under a withdraw from sale order for the following reasons:
    1. Ambient temperature above forty-five (45) degrees Fahrenheit for a period of four (4) hours or more; or
    2. Contamination or any condition which may render the shell eggs or egg products unfit for human consumption.

The withdraw from sale order shall remain in effect until such time as the disposition of the shell eggs or egg products has been determined by the department.

History. Enact. Acts 1956, ch. 121, § 2, effective January 1, 1957; 1998, ch. 208, § 2, effective July 15, 1998; 2005, ch. 40, § 2, effective June 20, 2005; 2006, ch. 215, § 1, effective July 12, 2006; 2008, ch. 66, § 2, effective July 15, 2008.

260.560. Department to administer egg marketing law — Administrative regulations — Hearings — Appeals.

  1. The department shall administer all provisions and exercise all administrative powers in the egg marketing law. The department may promulgate reasonable administrative regulations necessary to carry out the provisions of the egg marketing law.
  2. The department may conduct administrative hearings, in accordance with KRS Chapter 13B, to the extent necessary for proper administration of the egg marketing law.
  3. Any final order of the department refusing, revoking, or suspending an egg license may be appealed by the aggrieved party to the Franklin Circuit Court in accordance with KRS Chapter 13B.

History. Enact. Acts 1956, ch. 121, § 3, effective January 1, 1957; 1996, ch. 318, § 186, effective July 15, 1996.

260.570. Egg marketing board — Functions — Membership — Appointment — Terms — Qualifications — Meetings — Compensation.

  1. There shall be an egg marketing board in the Department of Agriculture. The board shall act in an advisory capacity to the Commissioner in all matters pertaining to the administration of the egg marketing law.
  2. The board shall be composed of the Commissioner, chairman ex officio, and six (6) members appointed by the Governor from lists of names submitted by egg producing and marketing organizations within the Commonwealth approved by the Commissioner for the purpose of submitting such lists. Appointments shall be for three (3) years, except that in the case of the members first appointed, two (2) members shall be appointed for one (1) year, two (2) members for two (2) years, and two (2) members for three (3) years. All members shall be residents of the Commonwealth and not more than three (3) shall be of the same political party.
  3. The board shall meet at least once each calendar year and at such other times as the Commissioner, acting chairman, or a quorum of the board may deem necessary. The chairman shall serve without additional compensation, but the members shall receive reimbursement for their necessary traveling expenses and the sum of fifty dollars ($50) per day for each day they attend board meetings, payable out of funds derived from administration of the egg marketing law.

History. Enact. Acts 1956, ch. 121, § 4, effective January 1, 1957; 1978, ch. 154, § 31, effective June 17, 1978; 2005, ch. 40, § 3, effective June 20, 2005; 2008, ch. 66, § 3, effective July 15, 2008.

260.580. Regulations.

The department shall prescribe reasonable regulations setting up standards governing the form and schedule for processing applications for egg licenses, the determination of whether an application for license shall be granted or denied, and the procedures and grounds for the suspension and revocation of a license.

History. Enact. Acts 1956, ch. 121, § 5, effective January 1, 1957.

Research References and Practice Aids

Cross-References.

Administrative regulations, adoption date and effective date, KRS 13A.330 .

260.590. Appeals from order of department. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1956, ch. 121, § 6, effective January 1, 1957) was repealed by Acts 1996, ch. 318, § 357, effective July 15, 1996.

260.600. Licensing requirement — Fees.

  1. Any person requiring a license may obtain an application by calling the Kentucky Department of Agriculture, Division of Regulation and Inspection. A license may be renewed when accompanied by a renewal application and the required fees. A license for the current year shall not be issued if there are past due license fees and penalties pending for previous years. With regard to shell egg dealers, wholesalers, and packers, and specialty egg processors, dealers, and wholesalers, all of the previous year’s assessment fees shall be current before licenses shall be renewed. Any person selling eggs without the required license will be subject to having the eggs removed from sale until a license has been acquired.
  2. A license is required of each handler of eggs selling in the Commonwealth subject to the exceptions specified in KRS 260.550 . The annual license fees are as follows, varying for dealers, distributors, wholesalers, producers, and packers, according to the average weekly volume of the month in which the licensee handled the most eggs during the preceding year:
    1. Retailers . . . . .  $20.00
    2. Shell egg dealers, distributors, wholesalers, producers, and packers within Kentucky or out-of-state: 1-25 cases or 1-750 dozen . . . . . $20.00 26-50 cases or 751-1500 dozen . . . . . $30.00 Over 50 cases or over 1500 dozen . . . . . $50.00
    3. Specialty egg processors, dealers, and wholesalers within Kentucky or out-of-state  . . . . . $50.00.
  3. Any egg handler engaged in more than one (1) type of activity for which a license is provided shall pay that license fee which is the highest of the licenses prescribed for each type of activity in which he is engaged.
  4. All eggs bought or sold within the Commonwealth of Kentucky shall bear a two cent ($0.02) assessment fee for each fifteen (15) dozen shell egg lot or portion thereof. Pasteurized liquid and pasteurized frozen egg products shall be assessed a fee of one-half (1/2) cent ($0.005) per ten (10) pound lot. Dried, dehydrated, hard-cooked, or specialty egg products shall be assessed a fee of one cent ($0.01) per ten (10) pound lot. These assessment fees shall be assessed and paid one (1) time as agreed between responsible parties as the product moves through the distribution network. All reports and fees are due monthly and shall be received by the department prior to the fifteenth of the month following the month of activity, unless there is an agreement with the department to report and pay these fees on a quarterly, semi-annual, or annual basis. In this event, the reports and fees shall be received prior to the fifteenth of the month following the period of activity.
  5. All licenses shall expire on April 1 of each year. Handlers having more than one (1) place of business shall hold a license for each location. Licenses shall not be transferred.
  6. Those that are exempt from licensing under KRS 260.550 are not exempt from inspection, with the exception of consumers. The shell eggs or egg products used by these persons are not exempt from the required assessment fee.

History. Enact. Acts 1956, ch. 121, § 7; 1960, ch. 36, § 1; 1962, ch. 195, § 2; 1980, ch. 120, § 17, effective July 15, 1980; 1998, ch. 208, § 3, effective July 15, 1998; 2005, ch. 40, § 4, effective June 20, 2005.

Opinions of Attorney General.

License fees under the egg marketing act are established by this section and a delinquent fee for a license purchased after the renewal deadline cannot be imposed without statutory authorization. OAG 68-464 .

260.610. Grade identification — Handling — Conditions requiring removal from retail display — Retailers prohibited from repacking eggs into full cartons — Lot consolidation permitted under supervision of registered lot consolidator — Prohibition of sale or possession for sale of inedible eggs — Emergency recall plan.

  1. All eggs bought or sold by or to retailers, consumers, and institutional users by licensees shall be identified according to grade and size, using USDA standards and weight classes for consumer grades.
  2. Eggs to be offered for sale for human consumption shall be handled to maintain and preserve the quality and grade in which they are to be offered for sale, including but not limited to storage, transportation, temperature, and sanitation.
  3. A carton of eggs with any of the following existing conditions shall be removed from a retail display on a daily basis:
    1. Cracked eggs;
    2. Leaking eggs;
    3. Frozen eggs; or
    4. A combination of any of the above.
  4. A retailer shall not rework or repack eggs into full cartons. Repacking shall be done only by the original packer. A retailer may, however:
    1. Sell an incomplete dozen size carton provided that the quantity labeling on the carton is changed to reflect the number of eggs in the carton; or
    2. Perform lot consolidation, provided the process is performed by or under the supervision of a registered lot consolidator. The Commissioner may promulgate administrative regulations governing the requirements for lot consolidation registration and may assess a fee of no more than twenty dollars ($20) needed to defray the costs of the registration program.
  5. No person shall sell, offer or expose for sale, or have in his possession for sale, for human consumption, eggs that are inedible, including eggs that are unfit for human food in whole or in part, addled or moldy, containing black rot, white rot, or blood ring, adherent yolks, or bloody whites, incubated beyond the blood ring stage, or consisting to any extent of filthy decomposed substance.
  6. No later than June 30 of each year, all packing plants and distributors shall submit an emergency recall plan to the department. The plan shall address policies and procedures that will be followed in the event of a recall of eggs or egg products pursuant to an inedible product designation, as described in subsection (5) of this section. If there have been no changes in the plan from the previous year, a statement to that effect shall be submitted in lieu of a plan on an annual basis.

History. Enact. Acts 1956, ch. 121, § 8; 1960, ch. 36, § 2; 1962, ch. 195, § 1; 1998, ch. 208, § 4, effective July 15, 1998; 2006, ch. 215, § 2, effective July 12, 2006; 2008, ch. 66, § 4, effective July 15, 2008; 2014, ch. 4, § 2, effective March 5, 2014.

Opinions of Attorney General.

This section permits retailers to sell not more than five cases of eggs purchased from Kentucky producers, as ungraded and unclassified eggs, and does not restrict such retailers from selling at the same time any quantity of eggs required to be graded and classified because of being purchased from dealers, wholesalers, processors or out of state producers. OAG 68-214 .

260.620. Graded eggs — Standards.

Eggs offered for sale as graded eggs shall conform to the standards prescribed in administrative regulations adopted by the department. These standards shall conform to the federal standards promulgated by USDA and FDA for grading eggs for sale.

History. Enact. Acts 1956, ch. 121, § 9; 1960, ch. 36, § 3; 1998, ch. 208, § 5, effective July 15, 1998.

260.630. Labeling requirements.

  1. All wholesale egg packs consisting of cases or portions of cases shall bear a legible label designating contents; quality; quantity; date of packing and an expiration or best-by date; dealer’s name, address, and plant number; and size and grade of eggs. Expiration dating shall include qualifying prefixes such as “EXP,” “Expiration date,” “Sell by,” “Not to be sold after date on end of carton,” “Purchase by,” “Last sale date on end of carton,” or other similar language denoting stock rotation. The dates associated with these prefixes shall be calculated from the date the eggs are originally packed into the container and may not exceed thirty (30) days including the day of pack. Best-by dating shall include qualifying prefixes such as “Use before,” “Use by,” “Best before,” “Best by,” or other similar language to generally indicate the maximum time frame for expected quality. The dates associated with these prefixes shall be calculated from the date the eggs are packed into the container and may not exceed forty-five (45) days including the day of pack. The letters on the label shall not be less than one-sixteenth (1/16) inch in height.
  2. Graded eggs shall be offered for sale in cartons or other consumer packs and shall be plainly and legibly marked as to grade; size; quantity; dealer’s name, address, and plant number; and date of packing and an expiration or best-by date. Expiration dating shall include qualifying prefixes such as “EXP,” “Expiration date,” “Sell by,” “Not to be sold after date on end of carton,” “Purchase by,” “Last sale date on end of carton,” or other similar language denoting stock rotation. The dates associated with these prefixes shall be calculated from the date the eggs are originally packed into the container and may not exceed thirty (30) days including the day of pack. Best-by dating shall include qualifying prefixes such as “Use before,” “Use by,” “Best before,” “Best by,” or other similar language to generally indicate the maximum time frame for expected quality. The dates associated with these prefixes shall be calculated from the date the eggs are packed into the container and may not exceed forty-five (45) days including the day of pack. The marking letters shall not be less than one-sixteenth (1/16) inch in height. The information on the label shall not be altered or replaced. The quantity may be changed in accordance with KRS 260.610(4).
  3. Eggs offered for sale that are not in a carton shall be in a container that:
    1. Contains all information required by this section; and
    2. Displays the information in legible letters at least one-sixteenth (1/16) inch on a label attached to the container.
  4. The required label information on wholesale egg packs, cases, or portions of cases shall match the required label information on the carton or other consumer pack contained therein, with the exception of the dealer’s name and address.
  5. If eggs are packed in retail “breakaway” cartons that can be divided by the consumer or retailer into smaller units for the purpose of selling lesser amounts of eggs, each half or portion of the container shall contain full information as required by subsection (2) of this section.
  6. Wholesale egg packs, cases, or portions of cases shall be used only in the following manner:
    1. All original label information shall be redacted completely in such a manner so that it is obvious that the container is being reused;
    2. The new label shall contain all of the information otherwise required by this section; and
    3. The cases shall be clean, sturdy, and intact.
  7. Egg cartons cannot be reused.
  8. If a producer who sells directly to consumers only is using stock cartons, the cartons shall be labeled “ungraded” followed by “produced by:” (producer’s name and address) and “sold directly to the consumer.” This information may be hand printed on the carton if it is legible and appears on the top panel of the egg carton.
  9. Plastic or wire crates, change baskets, or racks may be used as wholesale packs without bearing the required label information only if the required label information is visible on the carton or consumer egg pack.

History. Enact. Acts 1956, ch. 121, § 11; 1960, ch. 36, § 4; 1998, ch. 208, § 6, effective July 15, 1998; 2004, ch. 31, § 1, effective July 13, 2004; 2008, ch. 66, § 5, effective July 15, 2008.

260.640. Employment of inspectors — Authority of inspectors — Access by the department — Licensees to keep records.

  1. The Commissioner may employ inspectors for the purpose of enforcing the provisions of the egg marketing law. These inspectors may examine any eggs offered or exposed for sale for human consumption at the times and places and in a manner as the Commissioner may direct.
  2. The department shall have free access, at all reasonable hours when the business is open to the general public, to any establishment, premises, or building where eggs are processed, stored, or offered for sale, and to any vehicle used to transport or hold eggs, for the purpose of inspecting the establishment, premises, building, or vehicle or the eggs to determine compliance with the provisions of the Kentucky egg marketing law.
  3. The department shall have free access at all reasonable hours when the business is open to the general public, to any restaurant kitchen, hotel kitchen, or kitchen of any other public eating place, including schools, hospitals, nursing homes, or other similar institutions, to determine compliance with the provisions of the Kentucky egg marketing law. If the inspector determines that inspected eggs fail to comply with the Kentucky egg marketing law or standards as established by USDA, the inspector shall take the necessary action and issue an advisory on proper procedures.
  4. All licensees shall keep a record of all eggs handled during the license year, and any other records the department shall require. These records shall be available for examination by authorized agents of the department.
  5. An inspector may, for the purpose of enforcing the Kentucky egg marketing law, break any form of sealing on any case or retail container. If a broken seal necessitates the repacking of the cases or containers, the original packer shall absorb all expenses involved.

History. Enact. Acts 1956, ch. 121, § 11, effective January 1, 1957; 1998, ch. 208, § 7, effective July 15, 1998; 2005, ch. 40, § 5, effective June 20, 2005; 2008, ch. 66, § 6, effective July 15, 2008.

Research References and Practice Aids

Cross-References.

Personnel employed by Commonwealth, KRS Ch. 18A.

260.650. Disposition of fees.

All fees collected under the provisions of the egg marketing law shall be credited to the department for use in carrying out the provisions of the egg marketing law.

History. Enact. Acts 1956, ch. 121, § 13, effective January 1, 1957.

260.660. Legislative intent of KRS 260.660 to 260.665. [Repealed]

History. Enact. Acts 2009, ch. 67, § 1, effective June 25, 2009; repealed by 2019 ch. 90, § 29, effective June 27, 2019.

260.661. Definitions for KRS 260.660 to 260.665. [Repealed]

History. Enact. Acts 2009, ch. 67, § 2, effective June 25, 2009; repealed by 2019 ch. 90, § 29, effective June 27, 2019.

260.662. Kentucky Milk Commission established. [Repealed]

History. Enact. Acts 2009, ch. 67, § 3, effective June 25, 2009; 2010, ch. 27, § 1, effective July 15, 2010; repealed by 2019 ch. 90, § 29, effective June 27, 2019.

260.663. Membership of commission — Terms — Meetings. [Repealed]

History. Enact. Acts 2009, ch. 67, § 4, effective June 25, 2009; repealed by 2019 ch. 90, § 29, effective June 27, 2019.

260.664. Duties of commission. [Repealed]

History. Enact. Acts 2009, ch. 67, § 5, effective June 25, 2009; 2010, ch. 140, § 1, effective July 15, 2010; repealed by 2019 ch. 90, § 29, effective June 27, 2019.

260.665. Dairy industry fund. [Repealed]

History. Enact. Acts 2009, ch. 67, § 6, effective June 25, 2009; repealed by 2019 ch. 90, § 29, effective June 27, 2019.

Southern Dairy Compact

260.670. Southern Dairy Compact. [Effective upon contingency — See compiler’s note.]

The Southern Dairy Compact is enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

History. Enact. Acts 1998, ch. 471, § 1, effective upon contingency.

ARTICLE I STATEMENT OF PURPOSE, FINDINGS, AND DECLARATION OF POLICY

Section 1. Statement of purpose, findings, and declaration of policy.

The purpose of this compact is to recognize the interstate character of the southern dairy industry and the prerogative of the states under the United States Constitution to form an interstate commission for the southern region. The mission of the commission is to take such steps as are necessary to assure the continued viability of dairy farming in the South, and to assure consumers of an adequate, local supply of pure and wholesome milk.

The participating states find and declare that the dairy industry is an essential agricultural activity of the South. Dairy farms, and associated suppliers, marketers, processors, and retailers, are an integral component of the region’s economy. Their ability to provide a stable, local supply of pure, wholesome milk is a matter of great importance to the health and welfare of the region.

The participating states further find that dairy farms are essential, and they are an integral part of the region’s rural communities. The farms preserve land for agricultural purposes and provide needed economic stimuli for rural communities.

By entering into this compact, the participating states affirm that their ability to regulate the price that southern dairy farmers receive for their product is essential to the public interest. Assurance of a fair and equitable price for dairy farmers ensures their ability to provide milk to the market and the vitality of the southern dairy industry, with all the associated benefits.

Recent dramatic price fluctuations, with a pronounced downward trend, threaten the viability and stability of the southern dairy region. Historically, individual state regulatory action had been an effective emergency remedy available to farmers confronting a distressed market. The system of federal orders, implemented by the Agricultural Marketing Agreement Act of 1937, establishes only minimum prices paid to producers for raw milk, without preempting the power of states to regulate milk prices above the minimum levels so established.

In today’s regional dairy marketplace, cooperative, rather than individual, state action is needed to more effectively address the market disarray. Under our constitutional system, properly authorized states acting cooperatively may exercise more power to regulate interstate commerce than they may assert individually without such authority. For this reason, the participating states invoke their authority to act in common agreement, with the consent of Congress, under the compact clause of the Constitution.

In establishing their constitutional regulatory authority over the region’s fluid milk market by this compact, the participating states declare their purpose that this compact neither displace the system of federal orders nor encourage the merging of federal orders. Specific provisions of the compact itself set forth this basic principle.

Designed as a flexible mechanism able to adjust to changes in a regulated marketplace, the compact also contains a contingency provision should the system of federal orders be discontinued. In that event, the interstate commission may regulate the marketplace in lieu of the system of federal orders. This contingent authority does not anticipate such a change, however, and should not be so construed. It is only provided should developments in the market other than establishment of this compact result in discontinuance of the system of federal orders.

ARTICLE II DEFINITIONS AND RULES OF CONSTRUCTION

Section 2. Definitions.

For the purposes of this compact, and of any supplemental or concurring legislation enacted pursuant thereto, except as may be otherwise required by the context:

  1. “Class I milk” means milk disposed of in fluid form or as a fluid milk product, subject to further definition in accordance with the principles expressed in subsection (b) of Section 3 of this compact.
  2. “Commission” means the Southern Dairy Compact Commission established by this compact.
  3. “Commission marketing order” means regulations adopted by the commission pursuant to Sections 9 and 10 of this compact in place of a terminated federal marketing order or state dairy regulation. Such order may apply throughout the region or in any part or parts thereof as defined in the regulations of the commission. Such order may establish minimum prices for any or all classes of milk.
  4. “Compact” means this interstate compact.
  5. “Compact over-order price” means a minimum price required to be paid to producers for Class I milk established by the commission in regulations adopted pursuant to Sections 9 and 10 of this compact, which is above the price established in federal marketing orders or by state farm price regulation in the regulated area. Such price may apply throughout the region or in any part or parts thereof as defined in the regulations of the commission.
  6. “Milk” means the lacteal secretion of cows and includes all skim, butterfat, or other constituents obtained from separation or any other process. The term is used in its broadest sense and may be further defined by the commission for regulatory purposes.
  7. “Partially regulated plant” means a milk plant not located in a regulated area but having Class I distribution within such area. Commission regulations may exempt plants having such distribution or receipts in amounts less than the limits defined therein.
  8. “Participating state” means a state which has become a party to this compact by the enactment of concurring legislation.
  9. “Pool plant” means any milk plant located in a regulated area.
  10. “Region” means the territorial limits of the states which are parties to this compact.
  11. “Regulated area” means any area within the region governed by and defined in regulations establishing a compact over-order price or commission marketing order.
  12. “State dairy regulation” means any state regulation of dairy prices and associated assessments, whether by statute, marketing order, or otherwise.
Section 3. Rules of construction.
  1. This compact shall not be construed to displace existing federal milk marketing orders or state dairy regulation in the region but to supplement them. In the event some or all federal orders in the region are discontinued, the compact shall be construed to provide the commission the option to replace them with one or more commission marketing orders pursuant to this compact.
  2. This compact shall be construed liberally in order to achieve the purposes and intent enunciated in Section 1 of this compact. It is the intent of this compact to establish a basic structure by which the commission may achieve those purposes through the application, adaptation, and development of the regulatory techniques historically associated with milk marketing and to afford the commission broad flexibility to devise regulatory mechanisms to achieve the purposes of this compact. In accordance with this intent, the technical terms which are associated with market order regulation and which have acquired commonly understood general meanings are not defined in this compact, but the commission may further define the terms used in this compact and develop additional concepts and define additional terms as it may find appropriate to achieve its purposes.

ARTICLE III COMMISSION ESTABLISHED

Section 4. Commission established.

There is hereby created a commission to administer the compact, composed of delegations from each state in the region. The commission shall be known as the Southern Dairy Compact Commission. A delegation shall include not less than three (3) nor more than five (5) persons. Each delegation shall include at least one (1) dairy farmer who is engaged in the production of milk at the time of appointment or reappointment, and one (1) consumer representative. Delegation members shall be residents and voters of, and subject to such confirmation process as is provided for in, the appointing state. Delegation members shall serve no more than three (3) consecutive terms with no single term of more than four (4) years, and be subject to removal for cause. In all other respects, delegation members shall serve in accordance with the laws of the state represented. The compensation, if any, of the members of a state delegation shall be determined and paid by each state, but their expenses shall be paid by the commission.

Section 5. Voting requirements.

All actions taken by the commission, except for the establishment or termination of an over-order price or commission marketing order, and the adoption, amendment, or rescission of the commission’s bylaws, shall be by majority vote of the delegations present. Each state delegation shall be entitled to one (1) vote in the conduct of the commission’s affairs. Establishment or termination of an over-order price or commission marketing order shall require at least a two-thirds (2/3) vote of the delegations present. The establishment of a regulated area that covers all or part of a participating state shall require also the affirmative vote of that state’s delegation. A majority of the delegations from the participating states shall constitute a quorum for the conduct of the commission’s business.

Section 6. Administration and management.
  1. The commission shall elect annually from among the members of the participating state delegations a chairperson, a vice-chairperson, and a treasurer. The commission shall appoint an executive director and fix his or her duties and compensation. The executive director shall serve at the pleasure of the commission, and, together with the treasurer, shall be bonded in an amount determined by the commission. The commission may establish through its bylaws an executive committee composed of one (1) member elected by each delegation.
  2. The commission shall adopt bylaws for the conduct of its business by a two-thirds (2/3) vote and shall have the power by the same vote to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form with the appropriate agency or officer in each of the participating states. The bylaws shall provide for appropriate notice to the delegations of all commission meetings and hearings and of the business to be transacted at such meetings or hearings. Notice also shall be given to other agencies or officers of participating states as provided by the laws of those states.
  3. The commission shall file an annual report with the Secretary of Agriculture of the United States, and with each of the participating states by submitting copies to the Governor, both houses of the legislature, and the head of the state department having responsibilities for agriculture.
  4. In addition to the powers and duties elsewhere prescribed in this compact, the commission may engage in all of the following:
  1. Sue and be sued in any state or federal court.
  2. Have a seal and alter the same at pleasure.
  3. Acquire, hold, and dispose of real and personal property by gift, purchase, lease, license, or other similar manner, for its corporate purposes.
  4. Borrow money and issue notes, provide for the rights of the holders thereof, and pledge the revenue of the commission as security therefor, subject to the provisions of Section 18 of this compact.
  5. Appoint such officers, agents, and employees as it may deem necessary, and prescribe their powers, duties, and qualifications.
  6. Create and abolish such offices, employments, and positions as it deems necessary for the purposes of the compact and provide for the removal, term, tenure, compensation, fringe benefits, pension, and retirement rights of its officers and employees.
  7. Retain personal services on a contract basis.
Section 7. Rule-making power.

In addition to the power to promulgate a compact over-order price or commission marketing orders as provided by this compact, the commission is further empowered to make and enforce such additional rules and regulations as it deems necessary to implement any provisions of this compact, or to effectuate in any other respect the purposes of this compact.

ARTICLE IV POWERS OF THE COMMISSION

Section 8. Powers to promote regulatory uniformity, simplicity, and interstate cooperation.

The commission may:

  1. Investigate or provide for investigations or research projects designed to review the existing laws and regulations of the participating states, to consider their administration and costs, and to measure their impact on the production and marketing of milk and their effects on the shipment of milk and milk products within the region.
  2. Study and recommend to the participating states joint or cooperative programs for the administration of the dairy marketing laws and regulations and prepare estimates of cost savings and benefits of such programs.
  3. Encourage the harmonious relationships between the various elements in the industry for the solution of their material problems. Conduct symposia or conferences designed to improve industry relations, or a better understanding of problems.
  4. Prepare and release periodic reports on activities and results of the commission’s efforts to the participating states.
  5. Review the existing marketing system for milk and milk products and recommend changes in the existing structure for assembly and distribution of milk which may assist, improve, or promote more efficient assembly and distribution of milk.
  6. Investigate costs and charges for producing, hauling, handling, processing, distributing, selling, and for all other services, performed with respect to milk.
  7. Examine current economic forces affecting producers, probable trends in production and consumption, the level of dairy farm prices in relation to costs, the financial conditions of dairy farmers, and the need for an emergency order to relieve critical conditions on dairy farms.
Section 9. Equitable farm prices.
  1. The powers granted in this section and Section 10 of this compact shall apply only to the establishment of a compact over-order price, so long as federal milk marketing orders remain in effect in the region. In the event that any or all such orders are terminated, this article authorizes the commission to establish one (1) or more commission marketing orders, as provided in this compact, in the region or parts thereof as defined in the order.
  2. A compact over-order price established pursuant to this section shall apply only to Class I milk. Such compact over-order price shall not exceed one dollar and fifty cents ($1.50) per gallon at Atlanta, Georgia; however, this compact over-order price shall be adjusted upward or downward at other locations in the region to reflect differences in minimum federal order prices. Beginning in 1990, and using that year as a base, the foregoing one dollar and fifty cents ($1.50) per gallon maximum shall be adjusted annually by the rate of change in the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. For purposes of the pooling and equalization of an over-order price, the value of milk used in other use classifications shall be calculated at the appropriate class price established pursuant to the applicable federal order or state dairy regulation and the value of unregulated milk shall be calculated in relation to the nearest prevailing class price in accordance with and subject to such adjustments as the commission may prescribe in regulations.
  3. A commission marketing order shall apply to all classes and uses of milk.
  4. The commission may establish a compact over-order price for milk to be paid by pool plants and partially regulated plants. The commission also may establish a compact over-order price to be paid by all other handlers receiving milk from producers located in a regulated area. This price shall be established either as a compact over-order price or by one or more commission marketing orders. Whenever such a price has been established by either type of regulation, the legal obligation to pay such price shall be determined solely by the terms and purpose of the regulation without regard to the situs of the transfer of title, possession, or any other factors not related to the purposes of the regulation and this compact. Producer-handlers as defined in an applicable federal market order shall not be subject to a compact over-order price. The commission shall provide for similar treatment of producer-handlers under commission marketing orders.
  5. In determining the price, the commission shall consider the balance between production and consumption of milk and milk products in the regulated area, the costs of production including, but not limited to, the price of feed, the cost of labor including the reasonable value of the producer’s own labor and management, machinery expense and interest expense, the prevailing price for milk outside the regulated area, the purchasing power of the public, and the price necessary to yield a reasonable return to the producer and distributor.
  6. When establishing a compact over-order price, the commission shall take such other action as is necessary and feasible to help ensure that the over-order price does not cause or compensate producers so as to generate local production of milk in excess of those quantities necessary to assure consumers of an adequate supply for fluid purposes.
  7. The commission shall whenever possible enter into agreements with state or federal agencies for exchange of information or services for the purpose of reducing regulatory burden and cost of administering the compact. The commission may reimburse other agencies for the reasonable cost of providing these services.
Section 10. Optional provisions for pricing order.

Regulations establishing a compact over-order price or a commission marketing order may contain, but shall not be limited to, any of the following:

  1. Provisions classifying milk in accordance with the form in which or purpose for which it is used, or creating a flat pricing program.
  2. With respect to a commission marketing order only, provisions establishing or providing a method for establishing separate minimum prices for each use classification prescribed by the commission, or a single minimum price for milk purchased from producers or associations of producers.
  3. With respect to an over-order minimum price, provisions establishing or providing a method for establishing such minimum price for Class I milk.
  4. Provisions for establishing either an over-order price or a commission marketing order may make use of any reasonable method for establishing such price or prices including flat pricing and formula pricing. Provision may also be made for location adjustments, zone differentials, and competitive credits with respect to regulated handlers who market outside the regulated area.
  5. Provisions for the payment to all producers and associations of producers delivering milk to all handlers of uniform prices for all milk so delivered, irrespective of the uses made of such milk by the individual handler to whom it is delivered, or for the payment of producers delivering milk to the same handler of uniform prices for all milk delivered by them.
    1. With respect to regulations establishing a compact over-order price, the commission may establish one (1) equalization pool within the regulated area for the sole purpose of equalizing returns to producers throughout the regulated area.
    2. With respect to any commission marketing order, as defined in Section 2, subdivision (3), of this compact, which replaces one (1) or more terminated federal orders or state dairy regulation, the marketing area of now separate state or federal orders shall not be merged without the affirmative consent of each state, voting through its delegation, which is partly or wholly included within any such new marketing area.
  6. Provisions requiring persons who bring Class I milk into the regulated area to make compensatory payments with respect to all such milk to the extent necessary to equalize the cost of milk purchased by handlers subject to a compact over-order price or commission marketing order. No such provisions shall discriminate against milk producers outside the regulated area. The provisions for compensatory payments may require payment of the difference between the Class I price required to be paid for such milk in the state of production by a federal milk marketing order or state dairy regulation and the Class I price established by the compact over-order price or commission marketing order.
  7. Provisions specially governing the pricing and pooling of milk handled by partially regulated plants.
  8. Provisions requiring that the account of any person regulated under the compact over-order price shall be adjusted for any payments made to or received by such persons with respect to a producer settlement fund of any federal or state milk marketing order or other state dairy regulation within the regulated area.
  9. Provision requiring the payment by handlers of an assessment to cover the costs of the administration and enforcement of such order pursuant to subsection (a) of Section 18 of Article VII of this compact.
  10. Provisions for reimbursement to participants of the Women, Infants and Children Special Supplemental Food Program of the United States Child Nutrition Act of 1966.
  11. Other provisions and requirements as the commission may find are necessary or appropriate to effectuate the purposes of this compact and to provide for the payment of fair and equitable minimum prices to producers.

ARTICLE V RULE-MAKING PROCEDURE

Section 11. Rule-making procedure.

Before promulgation of any regulations establishing a compact over-order price or commission marketing order, including any provision with respect to milk supply under subsection (f) of Section 9 of this compact, or amendment thereof, as provided in Article IV of this compact, the commission shall conduct an informal rule-making proceeding to provide interested persons with an opportunity to present data and views. Such rule-making proceeding shall be governed by Section 4 of the Federal Administrative Procedure Act, as amended (5 U.S.C. sec. 553 ). In addition, the commission shall, to the extent practicable, publish notice of rule-making proceedings in the official register of each participating state. Before the initial adoption of regulations establishing a compact over-order price or a commission marketing order and thereafter before any amendment with regard to prices or assessments, the commission shall hold a public hearing. The commission may commence a rule-making proceeding on its own initiative or may in its sole discretion act upon the petition of any person including individual milk producers, any organization of milk producers or handlers, general farm organizations, consumer or public interest groups, and local, state or federal officials.

Section 12. Findings and referendum.
  1. In addition to the concise general statement of basis and purpose required by section 4(b) of the Federal Administrative Procedure Act, as amended (5 U.S.C. sec. 553(c) ), the commission shall make findings of fact with respect to:
  1. Whether the public interest will be served by the establishment of minimum milk prices to dairy farmers under Article IV of this compact.
  2. What level of prices will assure that producers receive a price sufficient to cover their costs of production and will elicit an adequate supply of milk for the inhabitants of the regulated area and for manufacturing purposes.
  3. Whether the major provisions of the order, other than those fixing minimum milk prices, are in the public interest and are reasonably designed to achieve the purposes of the order.
  4. Whether the terms of the proposed regional order or amendment are approved by producers as provided in Section 13 of this compact.
Section 13. Producer referendum.
  1. For the purpose of ascertaining whether the issuance or amendment of regulations establishing a compact over-order price or a commission marketing order, including any provision with respect to milk supply under subsection (f) of Section 9 of this compact, is approved by producers, the commission shall conduct a referendum among producers. The referendum shall be held in a timely manner, as determined by regulation of the commission. The terms and conditions of the proposed order or amendment shall be described by the commission in the ballot used in the conduct of the referendum, but the nature, content, or extent of such description shall not be a basis for attacking the legality of the order or any action relating thereto.
  2. An order or amendment shall be deemed approved by producers if the commission determines that it is approved by at least two-thirds (2/3) of the voting producers who, during a representative period determined by the commission, have been engaged in the production of milk the price of which would be regulated under the proposed order or amendment.
  3. For purposes of any referendum, the commission shall consider the approval or disapproval by any cooperative association of producers, qualified under the provisions of the Act of Congress of February 18, 1922, as amended, known as the Capper-Volstead Act, bona fide engaged in marketing milk, or in rendering services for or advancing the interests of producers of such commodity, as the approval or disapproval of the producers who are members or stockholders in, or under contract with, such cooperative association of producers, except as provided in subdivision (1) of this subsection and subject to the provisions of subdivisions (2) through (5) of this subsection.
  1. No cooperative that has been formed to act as a common marketing agency for both cooperatives and individual producers shall be qualified to block vote for either.
  2. Any cooperative that is qualified to block vote shall, before submitting its approval or disapproval in any referendum, give prior written notice to each of its members as to whether and how it intends to cast its vote. The notice shall be given in a timely manner as established, and in the form prescribed, by the commission.
  3. Any producer may obtain a ballot from the commission in order to register approval or disapproval of the proposed order.
  4. A producer who is a member of a cooperative which has provided notice of its intent to approve or not to approve a proposed order, and who obtains a ballot and with such ballot expresses his or her approval or disapproval of the proposed order, shall notify the commission as to the name of the cooperative of which he or she is a member, and the commission shall remove such producer’s name from the list certified by such cooperative with its corporate vote.
  5. In order to ensure that all milk producers are informed regarding a proposed order, the commission shall notify all milk producers that an order is being considered and that each producer may register his or her approval or disapproval with the commission either directly or through his or her cooperative.
Section 14. Termination of over-order price or marketing order.
  1. The commission shall terminate any regulations establishing an over-order price or commission marketing order issued under this article whenever it finds that such order or price obstructs or does not tend to effectuate the declared policy of this compact.
  2. The commission shall terminate any regulations establishing an over-order price or a commission marketing order issued under this article whenever it finds that such termination is favored by a majority of the producers who, during a representative period determined by the commission, have been engaged in the production of milk, the price of which is regulated by such order; but such termination shall be effective only if announced on or before such date as may be specified in such marketing agreement or order.
  3. The termination or suspension of any order or provision thereof, shall not be considered an order within the meaning of this article and shall require no hearing, but shall comply with the requirements for informal rule making prescribed by Section 4 of the Federal Administrative Procedure Act, as amended (5 U.S.C. sec. 553 ).

ARTICLE VI ENFORCEMENT

Section 15. Records, reports, access to premises.
  1. The commission may by rule and regulation prescribe recordkeeping and reporting requirements for all regulated persons. For purposes of the administration and enforcement of this compact, the commission may examine the books and records of any regulated person relating to his or her milk business and for that purpose, the commission’s properly designated officers, employees, or agents shall have full access during normal business hours to the premises and records of all regulated persons.
  2. Information furnished to or acquired by the commission officers, employees, or its agents pursuant to this section shall be confidential and not subject to disclosure except to the extent that the commission deems disclosure to be necessary in any administrative or judicial proceeding involving the administration or enforcement of this compact, an over-order price, a compact marketing order, or other regulations of the commission. The commission may adopt rules further defining the confidentiality of information pursuant to this section. Nothing in this section shall be deemed to prohibit (i) the issuance of general statements based upon the reports of a number of handlers, which do not identify the information furnished by any person, or (ii) the publication by direction of the commission of the name of any person violating any regulation of the commission, together with a statement of the particular provisions violated by such person.
  3. No officer, employee, or agent of the commission shall intentionally disclose information, by inference or otherwise, that is made confidential pursuant to this section. Any person violating the provisions of this section shall, upon conviction, be subject to a fine of not more than one thousand dollars ($1,000) or to imprisonment for not more than one (1) year, or both, and shall be removed from office. The commission shall refer any allegation of a violation of this section to the appropriate state enforcement authority or United States Attorney.
Section 16. Subpoena, hearings, and judicial review.
  1. The commission is hereby authorized and empowered by its members and its properly designated officers to administer oaths and issue subpoenas throughout all signatory states to compel the attendance of witnesses and the giving of testimony and the production of other evidence.
  2. Any handler subject to an order may file a written petition with the commission stating that any order or any provision of any such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. The handler shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations made by the commission. After such hearing, the commission shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law.
  3. The district courts of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, are hereby vested with jurisdiction to review such ruling, provided a complaint for that purpose is filed within thirty (30) days from the date of the entry of the ruling. Service of process in these proceedings may be had upon the commission by delivering to it a copy of the complaint. If the court determines that the ruling is not in accordance with law, it shall remand such proceedings to the commission with directions either (i) to make such ruling as the court shall determine to be in accordance with law, or (ii) to take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted pursuant to this subdivision shall not impede, hinder, or delay the commission from obtaining relief pursuant to Section 17 of this compact. Any proceedings brought pursuant to Section 17 of this compact, except where brought by way of counterclaim in proceedings instituted pursuant to this section, shall abate whenever a final decree has been rendered in proceedings between the same parties, and covering the same subject matter, instituted pursuant to this section.
Section 17. Enforcement with respect to handlers.
  1. Any violation by a handler of the provisions of regulation establishing an over-order price or a commission marketing order, or other regulations adopted pursuant to this compact shall:
  1. Constitute a violation of the laws of each of the signatory states. Such violation shall render the violator subject to a civil penalty in an amount as may be prescribed by the laws of each of the participating states, recoverable in any state or federal court of competent jurisdiction. Each day such violation continues shall constitute a separate violation.
  2. Constitute grounds for the revocation of license or permit to engage in the milk business under the applicable laws of the participating states.

    (b) With respect to handlers, the commission shall enforce the provisions of this compact, regulations establishing an over-order price, a commission marketing order, or other regulations adopted hereunder by:

    (1) Commencing an action for legal or equitable relief brought in the name of the commission in any state or federal court of competent jurisdiction; or

    (2) Referral to the state agency for enforcement by judicial or administrative remedy with the agreement of the appropriate state agency of a participating state.

    (c) With respect to handlers, the commission may bring an action for injunction to enforce the provisions of this compact or the order or regulations adopted thereunder without being compelled to allege or prove that an adequate remedy of law does not exist.

ARTICLE VII FINANCE

Section 18. Finance of start-up and regular costs.
  1. To provide for its start-up costs, the commission may borrow money pursuant to its general power under Section 6, subdivision (d), paragraph 4 of this compact. In order to finance the cost of administration and enforcement of this compact, including payback of start-up costs, the commission may collect an assessment from each handler who purchases milk from producers within the region. If imposed, this assessment shall be collected on a monthly basis for up to one (1) year from the date the commission convenes, in an amount not to exceed $0.015 per hundred weight of milk purchased from producers during the period of the assessment. The initial assessment may apply to the projected purchases of handlers for the two (2) month period following the date the commission convenes. In addition, if regulations establishing an over-order price or a compact marketing order are adopted, they may include an assessment for the specific purpose of their administration. These regulations shall provide for establishment of a reserve for the commission’s ongoing operating expenses.
  2. The commission shall not pledge the credit of any participating state or of the United States. Notes issued by the commission and all other financial obligations incurred by it shall be its sole responsibility, and no participating state or the United States shall be liable therefor.
Section 19. Audit and accounts.
  1. The commission shall keep accurate accounts of all receipts and disbursements, which shall be subject to the audit and accounting procedures established under its rules. In addition, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
  2. The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the participating states and by any persons authorized by the commission.
  3. Nothing contained in this article shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any participating state or of the United States.

ARTICLE VIII ENTRY INTO FORCE; ADDITIONAL MEMBERS; AND WITHDRAWAL

Section 20. Entry into force; additional members.

The compact shall enter into force effective when enacted into law by any three (3) states of the group of states composed of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia, and when the consent of Congress has been obtained.

Section 21. Withdrawal from compact.

Any participating state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one (1) year after notice in writing of the withdrawal is given to the commission and the governors of all the participating states. No withdrawal shall affect any liability already incurred by or chargeable to a participating state prior to the time of such withdrawal.

Section 22. Severability.

If any part or provision of this compact is adjudged invalid by any court, such judgment shall be confined in its operation to the part or provision directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this compact. In the event Congress consents to this compact subject to conditions, said conditions shall not impair the validity of this compact when said conditions are accepted by three (3) or more compacting states. A compact state may accept the conditions of Congress by implementation of this compact.

Legislative Research Commission Note.

1998 Ky. Acts ch. 471, sec. 4, provides: “This Act becomes effective at such time as three states of the group of states given in Section 20 of the Southern Dairy Compact set out in Section 1 (KRS 260.670 ) of this Act enact that compact into law, substantially in the form given in this Act, and when the consent of the Congress has been obtained to that compact.”

NOTES TO DECISIONS

Cited:

Kentucky Milk Marketing & Antimonopoly Com. v. Kroger Co., 691 S.W.2d 893, 1985 Ky. LEXIS 224 ( Ky. 1985 ).

Research References and Practice Aids

Kentucky Law Journal.

Comments, State Action Immunity and Preemption in Antitrust Challenges to State Pricing Laws: Alcoholic Beverage Control Board v. Taylor Drug Stores, Inc., 71 Ky. L.J. 703 (1982-83).

Northern Kentucky Law Review.

Kazee, The Sherman Act and the Arbitrary Power Section of the Kentucky Constitution As Applied to Kentucky Fair Trade Laws, 20 N. Ky. L. Rev. 297 (1993).

260.672. Kentucky delegation to Southern Dairy Compact. [Effective upon contingency — See compiler’s note.]

  1. The delegation from the Commonwealth of Kentucky to the Southern Dairy Compact Commission, as established in Article III of the compact, set out in KRS 260.670 , shall be composed of five (5) members appointed by the commissioner of agriculture as follows:
    1. Two (2) members shall represent the Commonwealth at large;
    2. One (1) member shall be a dairy farmer engaged in the production of milk at the time of appointment or reappointment;
    3. One (1) member shall represent consumers of milk; and
    4. One (1) member shall represent fluid milk processors.
  2. Members must be registered to vote in the state.
  3. Members shall serve a term of four (4) years and may be reappointed, but no member shall serve more than three (3) consecutive terms. Members shall serve until their successors are duly appointed. Any appointment to fill an unexpired term shall be for the balance of the unexpired term and shall be made by the appropriate appointing authority. A member may be removed by the appointing authority for cause. The Commissioner of Agriculture shall designate one (1) member of the delegation to serve as chair, at the pleasure of the Commissioner.
  4. Members of the delegation shall receive one hundred dollars ($100) per diem while performing official duties for the commission.
  5. A majority of the delegation shall constitute a quorum for the transaction of business.
  6. All clerical and other services required by the delegation shall be provided by the Commissioner of Agriculture.

History. Enact. Acts 1998, ch. 471, § 2, effective upon contingency.

Legislative Research Commission Note.

1998 Ky. Acts ch. 471, sec. 4, provides: “This Act becomes effective at such time as three states of the group of states given in Section 20 of the Southern Dairy Compact set out in Section 1 (KRS 260.670 ) of this Act enact that compact into law, substantially in the form given in this Act, and when the consent of the Congress has been obtained to that compact.”

Milk Marketing Law

260.675. Title of KRS 260.675 to 260.760. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 193, § 1, effective June 16, 1960) was repealed by Acts 2002, ch. 31, § 2, effective July 15, 2002. For present law, see KRS 260.670 .

260.680. Definitions for KRS 260.675 to 260.760. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 193, § 2, effective June 16, 1960; 1990, ch. 393, § 9, effective July 13, 1990) was repealed by Acts 2002, ch. 31, § 2, effective July 15, 2002.

260.685. Milk marketing and anti-monopoly commission. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 193, § 2, effective June 16, 1960) was repealed by Acts 1990, ch. 393, § 24, effective July 13, 1990.

260.690. Administration of KRS 260.675 to 260.760. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 193, § 4, effective June 16, 1960; 1990, ch. 393, § 10, effective July 13, 1990) was repealed by Acts 2002, ch. 31, § 2, effective July 15, 2002 and Acts 2002, ch. 49, § 27, effective July 15, 2002.

260.695. Only the commission is liable for its obligations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 193, §§ 5, effective June 16, 1960) was repealed by Acts 1990, ch. 393, § 24, effective July 13, 1990.

260.700. Commission personnel. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 193, §§ 6, effective June 16, 1960) was repealed by Acts 1990, ch. 393, § 24, effective July 13, 1990.

260.705. Prohibited marketing practices. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 193, § 7, effective June 16, 1960; 1990, ch. 393, § 11, effective July 13, 1990) was repealed by Acts 2002, ch. 31, § 2, effective July 15, 2002.

260.710. Filing price schedules. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 193, § 8, effective June 16, 1960; 1990, ch. 393, § 12, effective July 13, 1990) was repealed by Acts 2002, ch. 31, § 2, effective July 15, 2002.

260.715. Powers and duties of department. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 193, § 9; 1974, ch. 282, § 1; 1990, ch. 393, § 13, effective July 13, 1990) was repealed by Acts 2002, ch. 31, § 2, effective July 15, 2002.

260.720. Copies of department record are admissible. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 193, § 10, effective June 16, 1960; 1990, ch. 393, § 14, effective July 13, 1990) was repealed by Acts 2002, ch. 31, § 2, effective July 15, 2002.

260.725. Powers of department with respect to other governmental agencies. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 193, § 11, effective June 16, 1960; 1990, ch. 393, § 15, effective July 13, 1990) was repealed by Acts 2002, ch. 31, § 2, effective July 15, 2002.

260.730. License for dealers and handlers. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 193, § 12, effective June 16, 1960; 1990, ch. 393, § 16, effective July 13, 1990) was repealed by Acts 2002, ch. 31, § 2, effective July 15, 2002.

260.735. Grounds for suspension, revocation, or refusal to issue license. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 193, § 13, effective June 16, 1960; 1990, ch. 393, § 17, effective July 13, 1990) was repealed by Acts 2002, ch. 31, § 2, effective July 15, 2002.

260.740. Hearing and notice on suspension, revocation, or refusal to issue license — Judicial review. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 193, § 14, effective June 16, 1960; 1974, ch. 315, § 36; 1980, ch. 114, § 57, effective July 15, 1980; 1990, ch. 393, § 18, effective July 13, 1990; 1996, ch. 318, § 187, effective July 15, 1996) was repealed by Acts 2002, ch. 31, § 2, effective July 15, 2002.

260.745. Appeal from department’s order. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 193, § 15, effective June 16, 1960; 1990, ch. 393, § 19, effective July 13, 1990) was repealed by Acts 1996, ch. 318, § 357, effective July 15, 1996.

260.750. Assessment of dairy products — Confidential nature of information received by department. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 193, § 16; 1972, ch. 330, § 1; 1978, ch. 143, § 1, effective June 17, 1978; 1990, ch. 393, § 20, effective July 13, 1990) was repealed by Acts 2002, ch. 31, § 2, effective July 15, 2002.

260.755. Revolving fund. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 193, § 17, effective June 16, 1960; 1990, ch. 393, § 21, effective July 13, 1990) was repealed by Acts 2002, ch. 31, § 2, effective July 15, 2002.

260.760. Injunction. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 193, § 18, effective June 16, 1960; 1990, ch. 393, § 22, effective July 13, 1990) was repealed by Acts 2002, ch. 31, § 2, effective July 15, 2002.

Food Safety

260.765. Definitions for KRS 260.765 to 260.772.

As used in KRS 260.765 to 260.772 , unless context requires a different meaning:

    1. “Covered produce” means food that is:
      1. Produce as defined in 21 C.F.R pt. 112 and is a raw agricultural commodity; or
      2. A fruit or vegetable, including but not limited to: almonds, apples, apricots, apriums, artichokes-globe-type, Asian pears, avocados, babacos, bananas, Belgian endive, blackberries, blueberries, boysenberries, Brazil nuts, broad beans, broccoli, Brussels sprouts, burdock, cabbages; Chinese cabbages including but not limited to bok choy, mustard, and Napa; cantaloupes, carambolas, carrots, cauliflower, celeriac, celery, chayote fruit, sweet cherries, chestnuts, chicory roots and tops; citrus including but not limited to clementine, grapefruit, lemons, limes, mandarin, oranges, tangerines, tangors, and uniq fruit; cowpea beans, cress-garden, cucumbers, curly endive, currants, dandelion leaves, fennel-Florence, garlic, genip, gooseberries, grapes, green beans, guavas; herbs including but not limited to basil, chives, cilantro, oregano, and parsley; honeydew, huckleberries, Jerusalem artichokes, kale, kiwifruit, kohlrabi, kumquats, leek, lettuce, lychees, macadamia nuts, mangos; other melons including but not limited to Canary, Crenshaw, and Persian; mulberries, mushrooms, mustard greens, nectarines, onions, papayas, parsnips, passion fruit, peaches, pears, peas, and peas-pigeon; peppers including but not limited to bell and hot; pine nuts, pineapples, plantains, plums, plumcots, quince, radishes, raspberries, rhubarb, rutabagas, scallions, shallots, snow peas, soursop, and spinach; sprouts including but not limited to alfalfa and mung bean; strawberries; summer squash including but not limited to patty pan, yellow, and zucchini; sweetsop, Swiss chard, taro, tomatoes, and turmeric; turnips including roots and tops; walnuts, watercress, watermelons, and yams; and mixes of intact fruits and vegetables including but not limited to fruit baskets.
    2. “Covered produce” does not include produce that is:
      1. Rarely consumed raw, specifically the produce on the following exhaustive list: asparagus, black beans, great northern beans, kidney beans, lima beans, navy beans, pinto beans; garden beets including roots and tops; sugar beets, cashews, sour cherries, chickpeas, cocoa beans, coffee beans, collards, sweet corn, cranberries, and dates; dill including seeds and weed; eggplants, figs, ginger, hazelnuts, horseradish, lentils, okra, peanuts, pecans, peppermint, potatoes, pumpkins, winter squash, sweet potatoes, and water chestnuts;
      2. Produced by an individual for personal consumption or produced for consumption on the farm or another farm under the same management; or
      3. Not a raw agricultural commodity;
  1. “Covered farm” means a farm or farm mixed-type facility that:
    1. Has an average annual monetary value of produce sold during the previous three (3) year period of more than twenty-five thousand dollars ($25,000) on a rolling basis, adjusted for inflation using 2011 as the baseline year for the calculation of the adjustment; and
    2. Is subject to all applicable requirements of 21 C.F.R. pt. 112, KRS 260.765 to 260.772 , or any administrative regulation adopted pursuant to KRS 260.769 , including registration requirements;
  2. “Department” means the Kentucky Department of Agriculture;
  3. “Farm” has the same meaning as in 21 C.F.R. sec. 112.3;
  4. “Farm mixed-type facility” has the same meaning as in 21 C.F.R. sec. 112.3;
  5. “Food” has the same meaning as in 21 C.F.R. sec. 112.3;
  6. “Produce” has the same meaning as in 21 C.F.R. sec. 112.3;
  7. “Qualified end-user” has the same meaning as in 21 C.F.R. sec. 112.3;
  8. “Raw agricultural commodity” has the same meaning as in 21 C.F.R sec. 112.3; and
  9. “Stop movement order” means an order issued by the department or its representative that removes covered produce and stops the sale of the removed product until a release or change of order has been issued by the department or its representative.

HISTORY: 2020 ch. 68, § 1, effective July 15, 2020.

260.766. Department to implement federal Produce Safety Rule — Conditions for discontinuation of implementation.

  1. The department is directed to implement the Produce Safety Rule, 21 C.F.R. pt. 112, which was promulgated by the United States Food and Drug Administration under the authority of the Food Safety Modernization Act, Pub. L. No. 111-353.
  2. Notwithstanding any provision of the law to the contrary, the department shall discontinue its implementation efforts upon the earliest of the following occurrences:
    1. The federal government declines to provide funds to the department for the implementation of 21 C.F.R. pt. 112; or
    2. The exhaustion of the federal funds received by the department for implementation of 21 C.F.R. pt. 112.

HISTORY: 2020 ch. 68, § 2, effective July 15, 2020.

260.767. Department guaranteed access to certain farms — Required inspections — Interference with performance of duty prohibited.

  1. A representative of the department shall have access, at reasonable hours, to enter onto any covered farm or any farm that is eligible for an exemption in accordance with 21 C.F.R. pt. 112, KRS 260.765 to 260.772 , or any administrative regulation adopted pursuant to KRS 260.769 for the purpose of:
    1. Inspecting the farm;
    2. Securing samples or specimens; or
    3. Making copies of documents.
  2. The department shall make or cause to be made examinations of samples or specimens secured pursuant to this section to determine whether any provision of KRS 260.765 to 260.772 is being violated.
  3. No person shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent a representative of the department or any other person in the performance of his or her duty in connection with KRS 260.765 to 260.772 or any administrative regulation adopted pursuant to KRS 260.769 .

HISTORY: 2020 ch. 68, § 3, effective July 15, 2020.

260.768. Eligibility for exemption from requirements of KRS 260.765 to 260.772 and some federal regulations.

  1. Covered produce is eligible for a commercial processing exemption and the provisions set forth in KRS 260.765 to 260.772 if:
    1. The covered produce receives commercial processing that adequately reduces the presence of microorganisms of public health significance;
    2. The covered farm discloses in documents accompanying the produce, in accordance with the practice of the trade, that the food is “not processed to adequately reduce the presence of microorganisms of public health significance”;
    3. The covered farm complies with the requirements of 21 C.F.R. sec. 112.2;
    4. The requirements of 21 C.F.R. pt. 112 Subpart A and Subpart Q apply to that produce; and
    5. An entity that provides a written assurance under 21 C.F.R. sec. 112.2 acts consistently with the assurance and documents its actions taken to satisfy the written assurance.
  2. A covered farm is not subject to KRS 260.765 to 260.772 if:
    1. It satisfies the requirements in 21 C.F.R. secs. 112.5, 112.6, and 112.7;
    2. An owner, operator, or agent in charge of a covered farm that is eligible for a qualified exemption is required to complete any training courses as designated by the department; and
    3. The United States Food and Drug Administration or the department has not withdrawn the covered farm’s exemption in accordance with the requirements of 21 C.F.R pt. 112 Subpart R, KRS 260.765 to 260.772 or any administrative regulation adopted pursuant to KRS 260.769 .
  3. A covered farm is eligible for a qualified exemption and associated modified requirements in a calendar year if:
    1. During the previous three (3) year period preceding the applicable calendar year, the average annual monetary value of the food the farm sold directly to qualified end-users during that period exceeded the average annual monetary value of the food the farm sold to all other buyers during that period; and
    2. The average annual monetary value of all food the farm sold during the three (3) year period preceding the applicable calendar year was less than five hundred thousand dollars ($500,000), adjusted for inflation, using 2011 as the baseline year for the calculation.
  4. If a farm is eligible for a qualified exemption in accordance with 21 C.F.R. sec. 112.5, then the farm is subject to the requirements of 21 C.F.R. sec. 112 Subparts A, O, Q, and R and the modified requirements established in 21 C.F.R. secs. 112.6 and 112.7.

HISTORY: 2020 ch. 68, § 4, effective July 15, 2020.

260.769. Powers of department in carrying out duties set forth in KRS 260.765 to 260.772.

The department shall have the following powers, and all powers incidental or necessary to same, in carrying out the duties set forth in KRS 260.765 to 260.772 :

  1. Promulgate administrative regulations necessary for the accomplishment of the purposes intended and the proper administration and enforcement of KRS 260.765 to 260.772 ; and
  2. Enter into cooperative agreements with state agencies, federal agencies, universities, and other entities.

HISTORY: 2020 ch. 68, § 5, effective July 15, 2020.

260.770. Stop movement order or order of destruction for violations of KRS 260.765 to 260.772 or federal or state regulations.

  1. If a representative of the department believes any covered produce on a covered farm that is being grown, kept, or exposed for sale or held in possession or under the control of any person to be in violation of any provision of 21 C.F.R. pt. 112, KRS 260.765 to 260.772 , or administrative regulations of the department adopted pursuant to KRS 260.769 , then the department is authorized to issue a stop movement order for that covered produce.
  2. If a representative of the department believes any covered produce on a covered farm that is being grown, kept, or exposed for sale or held in possession or under the control of any person to be in violation of any provision of 21 C.F.R. pt. 112, KRS 260.765 to 260.772 , or administrative regulations of the department adopted pursuant to KRS 260.769 , then the department is authorized to order the destruction of the covered produce.
  3. Prior to an order of destruction of the covered produce, the department shall order that the covered produce be destroyed in accordance with this section and secure written agreement from the person to whom a stop movement order was issued on a form to be provided by the department.

HISTORY: 2020 ch. 68, § 6, effective July 15, 2020.

260.771. Circuit Court order of forfeiture and destruction or sale for other than food of produce found to be in violation of KRS 260.765 to 260.772 or federal or state regulations.

If the covered produce that has been issued a stop movement order or sought to be destroyed is found to be in violation of any provision of 21 C.F.R pt. 112, KRS 260.765 to 260.772 , or administrative regulations adopted pursuant to KRS 260.769 , it shall be the duty of the Circuit Court to render judgment that covered produce be forfeited to the Commonwealth and that the goods be destroyed or sold by the department for any purpose other than to be used for food. Either party may appeal the Circuit Court’s decision to the Court of Appeals.

HISTORY: 2020 ch. 68, § 7, effective July 15, 2020.

Legislative Research Commission Notes.

(7/15/2020). 2020 Ky. Acts ch. 68, sec. 7, provided that a new section of KRS Chapter 249 was to be created for this statute. During codification, the Reviser of Statutes has instead created a new section of KRS Chapter 260 for this statute under the authority of KRS 7.136(1)(a).

260.772. Penalties for violation of KRS 260.765 to 260.772 or federal or state regulations.

  1. No covered farm or farm eligible for a qualified exemption shall violate any provision of 21 C.F.R. pt. 112, KRS 260.765 to 260.772 , or any administrative regulation adopted pursuant to KRS 260.769 .
  2. In addition to other criminal or civil penalties provided for elsewhere by law or by administrative regulation, any person who violates KRS 260.765 to 260.772 , or an administrative regulation adopted pursuant to KRS 260.769 , shall be subject to a civil penalty in an amount not to exceed one thousand dollars ($1,000) per violation.
  3. In determining the amount of any civil penalty, the department shall give due consideration to:
    1. The person’s previous violations, if any;
    2. The seriousness of the violation; and
    3. The demonstrated good faith of the person charged in attempting to achieve compliance after being notified of the violation.

HISTORY: 2020 ch. 68, § 8, effective July 15, 2020.

Cream Stations

260.775. Definitions for KRS 260.775 to 260.845.

As used in KRS 260.775 to 260.845 , unless the context requires otherwise:

  1. “Board” means the Kentucky Milk Handlers Advisory Board;
  2. “Buy” means the receiving of milk from producers or their agents and paying for the milk on the basis of volume and test, or weight and test;
  3. “Director” means the director of the Agricultural Experiment Station, College of Agriculture, University of Kentucky, or his or her designee;
  4. “Handler” means any person who receives, bargains, brokers, or issues payment for or purchases milk from Kentucky permitted producers or the permitted producers’ agents;
  5. “Laboratory” means the location or work area where milk analysis or testing takes place;
  6. “Laboratory license” means the license issued to a milk laboratory;
  7. “License to handle” means the license issued to a handler of milk;
  8. “License to sample and weigh” means the license issued to a milk sampler-weigher;
  9. “License to test” means the license issued to a milk tester;
  10. “Location” means each separate business place where permitted producers’ milk or milk samples are received, stored, or processed, or where records pertaining to permitted producers’ milk tests or payments are kept;
  11. “Milk” means the lacteal secretion and all of its components, obtained by the milking of animals;
  12. “Milk importer” means any person who delivers milk from producers outside the Commonwealth of Kentucky to processors in this state;
  13. “Milk processor” means any location where milk or milk products are collected, handled, processed, stored, pasteurized, bottled, or prepared for distribution by a milk handler;
  14. “Milk receiving station” means any location where producers’ raw farm milk is collected, handled, or stored by a milk handler;
  15. “Permitted producer” means any producer issued a permit by the Kentucky Cabinet for Health and Family Services to offer milk for sale;
  16. “Person” shall mean any individual, bargaining agent, broker, processor, milk plant operator, partnership, cooperation, concern, corporation, organization, company, firm, trustee, association, or agent thereof;
  17. “Producer” means any person keeping animals for the production of milk;
  18. “Record” means any information relating to milk weights, tests, transfers, purchases, receipts, and sales;
  19. “Sampler-weigher” means any person who samples, weighs, or measures milk from producers and submits these samples, weights, or measurements for use in determining the price paid for milk;
  20. “Test” means to analyze a milk sample to determine the amount of a milk component or to determine milk quality;
  21. “Tester” means any person who tests milk from permitted producers to determine its components or quality, or submits these tests for use in determining the price paid for milk;
  22. “Transfer station” means any location where farm bulk milk is transferred directly from one (1) tank to another and producers’ milk samples are collected, handled, stored, and transported to a laboratory for analysis; and
  23. “Transfer station license” means the license issued to operate a transfer station.

History. Enact. Acts 1960, ch. 120, § 1, effective June 16, 1960; 1980, ch. 217, § 1, effective July 15, 1980; 1990, ch. 276, § 1, effective July 13, 1990; 2000, ch. 229, § 1, effective January 1, 2001; 2005, ch. 99, § 575, effective June 20, 2005.

260.777. Application of KRS 260.775 to 260.845 — Unlicensed person not to transact business with permitted producer.

  1. The requirements and prohibitions of KRS 260.775 to 260.845 shall not apply to persons who buy milk for their own consumption.
  2. It is unlawful for any person who is not licensed under KRS 260.775 to 260.845 to transact business with a permitted producer of this state.

History. Enact. Acts 2000, ch. 229, § 2, effective January 1, 2001.

260.780. Prohibited handling practices.

It shall be unlawful for a handler of milk in this state to:

  1. Receive or buy milk from permitted producers or their agents without obtaining a license for each location where milk is received or handled;
  2. Receive milk that is paid for on the basis of weight or volume without having it sampled and weighed or measured by a licensed sampler-weigher;
  3. Manipulate weights, measurements, or tests that are to be used as a basis to purchase milk;
  4. Use false or incorrect records of weights or tests as a basis for payment;
  5. Receive milk purchased from permitted producers by a milk handler that does not have a license to handle;
  6. Use weighing, mixing, sampling, or testing equipment which is inaccurate or nonstandard;
  7. Fail to comply with administrative regulations for weighing, measuring, sampling, and testing milk issued by the director;
  8. Fail to keep records of weights and tests as required by administrative regulation or fail to make such records available for inspection by the director;
  9. Receive milk which is paid for on the basis of tests without having it tested by a licensed tester;
  10. Fail to notify the director in writing of any knowledge of an inaccurately calibrated bulk milk tank; or
  11. Hinder or obstruct any authorized person in the performance of his or her duties under KRS 260.775 to 260.845 .

History. Enact. Acts 1960, ch. 120, § 2, effective June 16, 1960; 1980, ch. 217, § 2, effective July 15, 1980; 2000, ch. 229, § 10, effective January 1, 2001.

Research References and Practice Aids

Cross-References.

Deceptive business practices, Penal Code, KRS 517.020 .

260.783. Prohibited actions of owner or operator of a laboratory.

It shall be unlawful for any owner or operator of any laboratory to;

  1. Operate a laboratory without having a laboratory license;
  2. Fail to comply with administrative regulations promulgated by the director for the proper transporting, handling, storage, and testing of permitted producers’ milk samples;
  3. Manipulate, substitute, or falsify any producer’s milk samples, test results, or records;
  4. Test milk samples from permitted producers that were not obtained by licensed sampler-weighers;
  5. Employ, engage, or obtain the services of a person to test permitted producers’ milk samples who does not have a license to test; or
  6. Hinder or obstruct any authorized person in the performance of his or her duties under KRS 260.775 to 260.845 .

History. Enact. Acts 2000, ch. 229, § 9, effective January 1, 2001.

260.785. Prohibited sampling and weighing practices.

It shall be unlawful for any milk sampler-weigher to:

  1. Sample, weigh, or measure milk from bulk milk tanks without obtaining a license to sample and weigh;
  2. Inaccurately sample, weigh, or measure milk;
  3. Fail to comply with administrative regulations promulgated by the director for the proper sampling, weighing, or measuring of milk and handling, storage, and transportation of permitted producers’ milk samples;
  4. Employ, engage, or obtain the services of a person who does not have a sampler-weigher license to sample and weigh milk;
  5. Manipulate or falsify any producer weights, records, or samples for testing;
  6. Fail to notify the director in writing of any knowledge of inaccurately calibrated bulk milk tanks; or
  7. Hinder or obstruct any authorized person in the performance of his or her duties under KRS 260.775 to 260.845 .

History. Enact. Acts 1960, ch. 120, § 3, effective June 16, 1960; 1980, ch. 217, § 3, effective July 15, 1980; 2000, ch. 229, § 11, effective January 1, 2001.

260.790. Prohibited testing practices.

It shall be unlawful for any milk tester to:

  1. Test milk bought from permitted producers without obtaining a license to test;
  2. Inaccurately test producers’ milk samples;
  3. Use inaccurate, nonstandard, or improperly calibrated equipment in testing milk;
  4. Manipulate or falsify tests or records;
  5. Fail to comply with administrative regulations promulgated by the director for proper sampling, weighing, or testing of milk; or
  6. Hinder or obstruct any authorized person in the performance of his or her duties under KRS 260.775 to 260.845 .

History. Enact. Acts 1960, ch. 120, § 4, effective June 16, 1960; 1980, ch. 217, § 4, effective July 15, 1980; 2000, ch. 229, § 12, effective January 1, 2001.

260.793. Unlawful practices for owner or operator of transfer station.

It shall be unlawful for any owner or operator of any transfer station to:

  1. Operate a transfer station without having a transfer station license;
  2. Fail to comply with administrative regulations promulgated by the director for the proper storage, handling, and transport of producers’ milk samples while at the transfer station and en route to the testing laboratory;
  3. Manipulate, substitute, or falsify any producer milk weights or milk samples;
  4. Transfer milk, samples, or records at a transfer station without having a current sampler-weigher’s license;
  5. Transfer milk that has not been sampled and weighed at the farm by a licensed sampler-weigher;
  6. Fail to notify the director in writing of any knowledge of an inaccurately calibrated bulk milk tank; or
  7. Hinder or obstruct any authorized person in the performance of his or her duties under KRS 260.775 to 260.845 .

History. Enact. Acts 1980, ch. 217, § 5, effective July 15, 1980; 2000, ch. 229, § 13, effective January 1, 2001.

260.795. License to handle.

Each location that handles permitted producers’ milk in accordance with KRS 260.775 to 260.845 shall obtain a license to handle from the director. Application for a license to handle shall be made to the director. The license fee provided for in KRS 260.815 shall accompany the application. Each licensee shall notify the director, in writing, within thirty (30) days of a change of address.

History. Enact. Acts 1960, ch. 120, § 5, effective June 16, 1960; 1980, ch. 217, § 6, effective July 15, 1980; 2000, ch. 229, § 6, effective January 1, 2001.

260.797. Licensing of laboratory locations.

Each laboratory location where permitted producers’ milk is tested shall be licensed. Application for a license shall be made to the director. The license fee provided for in KRS 260.815 shall accompany the application. Each licensee shall notify the director, in writing, within thirty (30) days of a change of address.

History. Enact. Acts 2000, ch. 229, § 3, effective January 1, 2001.

260.800. License to test.

Each person who tests milk from permitted producers shall obtain a license to test. Application for a license shall be made to the director. The license fee provided for in KRS 260.815 shall accompany the application. All applicants shall demonstrate their proficiency in testing by satisfactorily passing an examination prescribed by the director. Prior to taking an examination for a license, an applicant shall obtain a temporary license. Each licensee shall notify the director, in writing, within thirty (30) days of a change of address.

History. Enact. Acts 1960, ch. 120, § 6, effective June 16, 1960; 1980, ch. 217, § 7, effective July 15, 1980; 2000, ch. 229, § 7, effective January 1, 2001.

260.805. License to sample and weigh.

Each person who samples and weighs milk from permitted producers shall obtain a license to sample and weigh. Application for a license shall be made to the director. The license fee provided for in KRS 260.815 shall accompany the application. Applicants who sample and weigh milk from permitted producers shall attend formal training and satisfactorily pass an examination prescribed by the director. Prior to taking an examination for a license, an applicant shall obtain a temporary license. Each licensee shall notify the director, in writing, within thirty (30) days of a change of address.

History. Enact. Acts 1960, ch. 120, § 7, effective June 16, 1960; 1980, ch. 217, § 8, effective July 15, 1980; 2000, ch. 229, § 8, effective January 1, 2001.

260.807. Licensing of transfer station locations.

Each transfer station location where permitted producers’ milk is handled shall be licensed. Application for a license shall be made to the director. The license fee provided for in KRS 260.815 shall accompany the application. Each licensee shall notify the director, in writing, within thirty (30) days of a change of address.

History. Enact. Acts 2000, ch. 229, § 5, effective January 1, 2001.

260.809. Requirements for milk importers.

All milk importers who deliver milk to processors in this state shall be licensed or permitted to sample and weigh milk by the state from which the milk originated and shall comply with KRS 260.775 to 260.845 .

History. Enact. Acts 2000, ch. 229, § 4, effective January 1, 2001.

260.810. Inspection of test equipment and measuring or calibrating devices. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 120, § 8, effective June 16, 1960; 1980, ch. 217, § 9, effective July 15, 1980) was repealed by Acts 2000, ch. 229, § 27, effective January 1, 2001.

260.811. Records to be kept by licensees.

  1. Every licensee shall keep complete records, as defined in KRS 260.775 , for a period of two (2) years.
  2. Each licensed location shall keep records of all its transactions at the location.
  3. All records shall be accessible for inspection by the director during customary business hours.

History. Enact. Acts 2000, ch. 229, § 14, effective January 1, 2001.

260.813. Reports of milk handlers and laboratories — Divulging of information.

  1. Each milk handler and laboratory shall, as required by the director, make and file reports for all matters of which a record is required to be kept.
  2. No information furnished to the director under this section shall be disclosed in a way to divulge the operation of any person.
  3. It shall be unlawful for any person to use to his own advantage, or reveal to a person other than the director, officers of the Kentucky Agricultural Experiment Station, or the courts when relevant in any judicial proceedings, any information acquired under the authority of KRS 260.775 to 260.845 , concerning any method, records, formulations, processes, or financial information which as a trade secret is entitled to protection.
  4. This prohibition shall not be deemed as prohibiting the director, or his duly authorized agent, from exchanging information of a regulatory nature with duly appointed officials of the United States government, or of other states, who are similarly prohibited by law from revealing this information.

History. Enact. Acts 2000, ch. 229, § 15, effective January 1, 2001.

260.815. License fees.

The license fees to be paid for respective licenses provided for in KRS 260.795 , 260.800 , and 260.805 shall be per year or any portion of a year with the license year commencing July 1 and ending June 30. No license may be transferred or assigned. The license fees shall be as follows:

  1. License to handle: For each location:
    1. One hundred twenty-five dollars ($125) per license for those handling less than ten million (10,000,000) pounds of milk during the past year; or
    2. Three hundred fifty dollars ($350) per license for those handling more than ten million (10,000,000) pounds of milk during the past year.
  2. License to test: fifteen dollars ($15) per person for a temporary license or an annual license.
  3. License to sample and weigh: fifteen dollars ($15) per person for a temporary license or an annual license.
  4. Transfer station license: twenty-five dollars ($25) annually.
  5. Laboratory license: twenty-five dollars ($25) annually.
  6. License fees for renewal of licenses that are due and have not been remitted to the director within thirty (30) days following the expiration date shall be assessed a penalty fee prescribed in KRS 260.992 . Assessment of this penalty fee shall not prevent the director from taking other actions under KRS 260.775 to 260.845 .

History. Enact. Acts 1960, ch. 120, § 9, effective June 16, 1960; 1980, ch. 217, § 10, effective July 15, 1980; 1990, ch. 276, § 2, effective July 13, 1990; 2000, ch. 229, § 18, effective January 1, 2001.

260.820. Assessment of milk or cream purchases during month of May. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 120, § 10, effective June 16, 1960; 1980, ch. 217, § 11, effective July 15, 1980; 1990, ch. 276, § 3, effective July 13, 1990) was repealed by Acts 2000, ch. 229, § 27, effective January 1, 2001.

260.821. Inspection fee — Statements and records — Penalties for late fees.

  1. For the financing of the producers’ share of this program, all handlers who issue payments to Kentucky permitted producers shall deduct an inspection fee at the rate of one-half cent ($0.005) per hundredweight from the producer’s payment and shall transfer these funds to the director.
    1. The deduction shall be identified as “Inspection Fee.”
    2. Each handler shall file on forms approved by the director, not later than the last day of January, April, July, and October of each year, a quarterly statement, setting forth the pounds of milk on which payment was issued to permitted producers during the preceding calendar quarter, and upon filing the statement shall transfer the inspection fee payment.
    3. Each handler shall keep the records required by the director to accurately indicate the amount of milk for which payments were issued to permitted producers.
  2. For the financing of the processors’ share of this program, handlers shall pay to the director an inspection fee at the rate of one-half cent ($0.005) per hundredweight on all milk received by processor locations in Kentucky.
    1. Each handler shall file on forms approved by the director, not later than the last day of January, April, July, and October of each year, a quarterly statement, setting forth the pounds of all milk received by processor locations in Kentucky during the preceding calendar quarter, and upon filing the statement shall make the inspection fee payment.
    2. Each handler shall keep the records required by the director to accurately indicate the amount of milk delivered to or received by processor locations in Kentucky.
    3. This fee shall not in any way be passed back to producers. If the fee is found to have been passed back to producers, violators may be penalized as set forth in KRS 260.992 , along with other actions that may be taken by the director under KRS 260.775 to 260.845 .
  3. Inspection fees that are due and have not been remitted to the director within fifteen (15) days following the due date shall be assessed a penalty fee as set forth in KRS 260.992 . Assessment of this penalty fee shall not prevent the director from taking other actions under KRS 260.775 to 260.845 .
  4. Fees collected shall be used to help pay for a portion of the costs of inspection, analysis, and other expenses necessary for the administration of KRS 260.775 to 260.845 .

History. Enact. Acts 2000, ch. 229, § 17, effective January 1, 2001.

260.823. Calibration of bulk milk tanks.

Permitted producers’ bulk milk tanks shall be accurately calibrated upon installation. Bulk milk tank calibrations shall be evaluated for accuracy after January 1, 2001, by the Kentucky Department of Agriculture or at the request of the director or the permitted producer.

History. Enact. Acts 2000, ch. 229, § 16, effective January 1, 2001.

260.825. Enforcement of KRS 260.775 to 260.845 — Authority to promulgate administrative regulations.

  1. The director shall enforce, administer, and implement the provisions of KRS 260.775 to 260.845 through the promulgation of administrative regulations in accordance with KRS Chapter 13A.
  2. For the purpose of the enforcement of KRS 260.775 to 260.845 , the director is authorized during normal business hours to enter any public or private premises, including any vehicle of transport, for the purpose of obtaining samples, gaining access to milk, milk samples, and records pertaining to milk handling, milk weights, milk test results, and milk payments. The director may:
    1. Collect samples obtained by sampler-weighers or testers for inspection purposes;
    2. Inspect equipment and other devices used in testing or sampling and weighing milk to determine the accuracy of this equipment and devices. Accuracy may be determined by requiring sampler-weighers and testers to operate equipment and devices to determine the accuracy of equipment, devices, and procedures;
    3. Condemn inaccurate or improperly operating equipment; and
    4. Examine and copy records and take testimony for the purpose of ascertaining facts necessary to administer KRS 260.775 to 260.845 .
  3. At the request of producers, processors, handlers, sampler-weighers, or testers, the director may test for milk components or other tests of milk quality.
  4. The director shall employ qualified persons to assist in the enforcement of KRS 260.775 to 260.845 .
  5. The director shall establish and maintain milk-testing facilities to determine if milk has been sampled, weighed, and tested correctly. The testing facility established shall be officially named the “Division of Regulatory Services Dairy Laboratory.” The director shall, with approval of the board of trustees of the University of Kentucky, fix the salaries of the analysts, inspectors, and supporting staff.
  6. The director shall cooperate with other federal, state, and local enforcement agencies.

History. Enact. Acts 1960, ch. 120, § 11, effective June 16, 1960; 1980, ch. 217, § 12, effective July 15, 1980; 2000, ch. 229, § 19, effective January 1, 2001.

Compiler’s Notes.

KRS 260.820 , referred to in this section, was repealed by Acts 2000, ch. 229, § 27, effective July 1, 2001.

260.830. Director’s power to suspend or revoke license — Hearings — Appeals.

  1. The director may refuse, revoke, suspend, or probate any license or temporary license issued under authority of KRS 260.775 to 260.845 ; provided, however, that any refusal, revocation, suspension, or probation shall occur only when the licensee has failed to comply with the provisions of KRS 260.775 to 260.845 or the administrative regulations issued thereunder, and provided that any refusal, revocation, suspension, or probation shall occur only after the licensee has had an opportunity, upon due notice, for an informal hearing before the director, to show cause why the license or temporary license should not be refused, revoked, suspended, or probated.
  2. The director may refuse, revoke, suspend, or probate any license or temporary license of a person who has pled guilty to or been convicted of a felony.
  3. If a license is refused, revoked, suspended, or probated as the result of an informal hearing, the decision may be appealed and upon appeal an administrative hearing shall be conducted before the board in accordance with KRS Chapter 13B.
  4. The licensee may appeal the final order of the director by filing a petition in the Fayette Circuit Court in accordance with KRS Chapter 13B.

History. Enact. Acts 1960, ch. 120, § 12, effective June 16, 1960; 1980, ch. 217, § 13, effective July 15, 1980; 1996, ch. 318, § 188, effective July 15, 1996; 2000, ch. 229, § 22, effective January 1, 2001.

260.835. Appeal from order revoking license. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 120, § 13, effective June 16, 1960) was repealed by Acts 1996, ch. 318, § 357, effective July 15, 1996.

260.840. Kentucky Milk Handlers Advisory Board.

  1. The Kentucky Milk Handlers Advisory Board shall consist of:
    1. The coordinator of the dairy section of the Animal Science Department at the University of Kentucky, College of Agriculture;
    2. The chair of the dairy committee of the Kentucky Farm Bureau Federation;
    3. The branch manager of the Milk Safety Branch of the Cabinet for Health and Family Services;
    4. Three (3) permitted producers or permitted producer representatives;
    5. Two (2) processors or processor representatives;
    6. One (1) sampler-weigher or sampler-weigher representative; and
    7. One (1) tester or tester representative.

      The coordinator of the dairy section of the Animal Science Department at the University of Kentucky, College of Agriculture shall act as chair of the board.

  2. The director, or his designated representative, shall be an ex officio member and secretary to the board.
    1. Each permitted producer shall be appointed by the director from a list of two (2) persons nominated by the dairy committee of the Kentucky Farm Bureau Federation. If a permitted producer becomes chair of the dairy committee of the Kentucky Farm Bureau Federation during his or her term, the dairy committee shall appoint an alternate to serve the remainder of the term of the permitted producer.
    2. Each processor shall be appointed by the director from a list of two (2) persons nominated by the executive committee of the Dairy Products Association of Kentucky. If a processor becomes president of the Dairy Products Association of Kentucky during his or her term, the executive committee shall appoint an alternate to serve the remainder of the term of the processor.
    3. The sampler-weigher and tester shall be at-large appointees and shall be appointed by the director.
  3. Appointments to the board shall be for a term of three (3) years, or until their successors are appointed, except that the terms of office of the members first appointed shall be as follows: two (2) members shall be appointed for one (1) year, two (2) members shall be appointed for two (2) years, and three (3) members shall be appointed for three (3) years. The respective terms of the first members shall be designated by the director at the time of their appointment. No appointed board member shall serve more than two (2) consecutive terms.
  4. Board members not already employed by the state shall be compensated at the rate of one hundred dollars ($100) per day for board service and be reimbursed for any actual expense incurred while performing board duties.

History. Enact. Acts 1960, ch. 120, § 14, effective June 16, 1960; 1980, ch. 217, § 14, effective July 15, 1980; 2000, ch. 229, § 20, effective January 1, 2001; 2005, ch. 99, § 576, effective June 20, 2005.

260.842. Meetings of board — Advice to director.

  1. The board shall meet once annually, or when called into session by the chair, or upon the request of the director, or upon the request of any two (2) or more members of the board. Six (6) members present at a meeting shall constitute a quorum.
  2. The board shall advise the director concerning policy and programs necessary to implement or improve implementation of KRS 260.775 to 260.845 .

History. Enact. Acts 2000, ch. 229, § 21, effective January 1, 2001.

260.845. Fees and other receipts constitute special fund.

  1. All funds resulting from the payment of license fees, inspection fees, fines, penalty fees, or other charges provided for in KRS 260.775 to 260.845 shall be paid to the director and shall be expended by the director under authority of the board of trustees of the University of Kentucky.
  2. This money shall be used primarily for discharging expenses incurred in enforcing KRS 260.775 to 260.845 and any portion of the money not necessary for this purpose shall be used to support research pertaining to methods and equipment for sampling and testing dairy products or such other dairy research work as the director may recommend.

History. Enact. Acts 1960, ch. 120, § 15, effective June 16, 1960; 1980, ch. 217, § 15, effective July 15, 1980; 2000, ch. 229, § 23, effective January 1, 2001.

260.8451. Short title for KRS 260.775 to 260.845.

KRS 260.775 to 260.845 shall be known as the “Kentucky Farm Milk Handlers Law.”

History. Enact. Acts 2000, ch. 229, § 25, effective January 1, 2001.

Hemp

260.850. Definitions for KRS 260.850 to 260.869.

As used in KRS 260.850 to 260.869 :

  1. “Commissioner” means the Commissioner of the Kentucky Department of Agriculture;
  2. “Cultivating” means planting, growing, and harvesting a plant or crop;
  3. “Department” means the Kentucky Department of Agriculture;
  4. “Handling” means possessing or storing hemp for any period of time on premises owned, operated, or controlled by a person licensed to cultivate or process hemp. “Handling” also includes possessing or storing hemp in a vehicle for any period of time other than during its actual transport from the premises of a licensed person to cultivate or process hemp to the premises of another licensed person;
  5. “Hemp” or “industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis;
  6. “Hemp products” or “industrial hemp products” means products derived from, or made by, processing hemp plants or plant parts;
  7. “Licensee” means an individual or business entity possessing a license issued by the department under the authority of this chapter to grow, handle, cultivate, process, or market hemp or hemp products;
  8. “Marketing” means promoting or selling a product within the Commonwealth, in another state, or outside of the United States. “Marketing” includes efforts to advertise and gather information about the needs or preferences of potential consumers or suppliers;
  9. “Processing” means converting an agricultural commodity into a marketable form; and
  10. “University” means an accredited institution of higher education located in the Commonwealth.

History. Enact. Acts 2001, ch. 138, § 1, effective June 21, 2001; 2013, ch. 134, § 1, effective June 25, 2013; repealed and reenacted Acts 2017, ch. 45, § 1, effective March 20, 2017; 2019 ch. 39, § 1, effective June 27, 2019; 2020 ch. 1, § 3, effective February 10, 2020.

Legislative Research Commission Notes.

(3/20/2017). 2017 Ky. Acts ch. 45 replaced and restructured the industrial hemp program which was codified in 2001 as KRS 260.850 to 260.869 . Section 1 of that Act (this statute) contains definitions for that range of statutes, and in the drafting of that section, “As used in KRS 260.850 to 260.869 ” concerning the application of the defined terms in that section was charged to read, “As used in Sections 1 to 13 of this Act:”. Sections 1 to 10 of that Act contained the restructured sections concerning the research program, and Sections 11, 12, and 13 amended or created statutes in other KRS chapters and repealed some statutes contained within the range of KRS 260.850 to 260.869. It is clear from the context that retaining the original reference to “ KRS 260.850 to 260.869” in this statute was necessary and proper, and the Reviser of Statutes has corrected this manifest clerical or typographical error under the authority of KRS 7.136(1)(h).

260.8505. Purpose of KRS 260.850 to 260.869 declared to be the support of industrial hemp production, development, and commercialization — Accomplishment of purpose achieved through auspices of Industrial Hemp Commission, research, and pursuit of federal permits or waivers — General Assembly finds that development of industrial hemp is proper governmental purpose and important to Commonwealth’s well-being. [Repealed]

History. Enact. Acts 2013, ch. 134, § 2, effective June 25, 2013; repealed by 2017 ch. 45, § 13, effective March 20, 2017.

Compiler's Notes.

This section (Enact. Acts 2013, ch. 134, § 2, effective June 25, 2013) was repealed by Acts 2017, ch. 45, § 13, effective March 20, 2017.

260.851. Administrative regulations to license research on industrial hemp and hemp products and establish testing criteria and protocols. [Repealed]

History. Enact. Acts 2001, ch. 138, § 2, effective June 21, 2001; 2013, ch. 134, § 3, effective June 25, 2013; repealed by 2017 ch. 45, § 13, effective March 20, 2017.

Compiler's Notes

This section (Enact. Acts 2001, ch. 138, § 2, effective June 21, 2001; 2013, ch. 134, § 3, effective June 25, 2013) was repealed by Acts 2017, ch. 45, § 13, effective March 20, 2017.

260.852. Commonwealth’s hemp policy.

It is the declared policy of the Commonwealth that hemp is a viable agricultural crop in the Commonwealth. The purposes of KRS 260.850 to 260.869 are to:

  1. Promote the research and study methods of cultivating, processing, and marketing hemp;
  2. Promote the expansion of the Commonwealth’s hemp industry to the maximum extent permitted by federal law by allowing citizens of the Commonwealth to cultivate, handle, or process hemp and hemp products for commercial purposes; and
  3. Move the Commonwealth and its citizens to the forefront of the hemp industry.

HISTORY: 2017 ch. 45, § 2, effective March 20, 2017; 2020 ch. 1, § 4, effective February 10, 2020.

Legislative Research Commission Notes.

(3/20/2017). 2017 Ky. Acts ch. 45 contained 13 sections. Sections 1 to 10 of that Act amended, repealed and reenacted, or created statutes relating to the industrial hemp research program found in the statutory range of KRS 260.850 to 260.869 . Sections 11 and 12 amended or created statutes in other KRS chapters, and Section 13 repealed some statutes within KRS 260.850 to 260.869 . The correct reference should have been to only Sections 1 to 10 of this Act, the relevant range affecting the industrial hemp research program, and in codification the Reviser of Statutes has codified that language in this statute accordingly under the authority of KRS 7.136(1)(h) to correct manifest clerical or typographical errors.

260.853. Promotion of research and development of markets for Kentucky industrial hemp and hemp products — Responsibilities of the commission — Establishment of five year research program — Demonstration plots overseen by University of Kentucky Agricultural Experiment Station — Research into new energy technologies — Coordination with universities and the Cabinet for Economic Development — Exemption from criminal liability — Annual report. [Repealed]

History. Enact. Acts 2001, ch. 138, § 3, effective June 21, 2001; 2007, ch. 85, § 277, effective June 26, 2007; 2010, ch. 135, § 8, effective July 15, 2010; 2013, ch. 134, § 4, effective June 25, 2013; repealed by 2017 ch. 45, § 13, effective March 20, 2017.

Compiler’s Notes.

This section (Enact. Acts 2001, ch. 138, § 3, effective June 21, 2001; 2007, ch. 85, § 277, effective June 26, 2007; 2010, ch. 135, § 8, effective July 15, 2010; 2013, ch. 134, § 4, effective June 25, 2013) was repealed by Acts 2017, ch. 45, § 13, effective March 20, 2017.

260.854. Conditions and procedures for issuing industrial hemp research program grower license and industrial hemp grower licenses — Content and processing of applications for licenses — Criminal background checks — Commissioner’s discretion in approving licenses — License fees set by administrative regulations — Monitoring requirements. [Repealed]

History. Enact. Acts 2013, ch. 134, § 11, effective June 25, 2013; repealed by 2017 ch. 45, § 13, effective March 20, 2017.

Compiler’s Notes.

This section (Enact. Acts 2013, ch. 134, § 11, effective July 25, 2013) was repealed by Acts 2017, ch. 45, § 13, effective March 20, 2017.

260.855. Rights and duties of industrial hemp grower licensee — Operational procedures for licensed growers — Standards for transporting industrial hemp off premises of licensed grower — Seizure and disposal of hemp deemed contraband. [Repealed]

History. Enact. Acts 2013, ch. 134, § 12, effective June 25, 2013; repealed by 2017 ch. 45, § 13, effective March 20, 2017.

Compiler’s Notes.

This section (Enact. Acts 2013, ch. 134, § 12, effective June 25, 2013) was repealed by Acts 2017, ch. 45, § 13, effective March 20, 2017.

260.856. Forfeiture of right to grow hemp following revocation of industrial hemp grower license — Failure to comply with administrative regulations — Plea to or conviction of felony — Administrative hearings and appeals. [Repealed]

History. Enact. Acts 2013, ch. 134, § 13, effective June 25, 2013; repealed by 2017 ch. 45, § 13, effective March 20, 2017.

Compiler’s Notes.

This section (Enact. Acts 2013, ch. 134, § 13, effective June 25, 2013) was repealed by Acts 2017, ch. 45, § 13, effective March 20, 2017.

260.857. Kentucky Industrial Hemp Commission — Membership. [Repealed]

History. Enact. Acts 2001, ch. 138, § 4, effective June 21, 2001; 2007, ch. 85, § 278, effective June 26, 2007; 2009, ch. 32, § 3, effective June 25, 2009; 2013, ch. 134, § 5, effective June 25, 2013; 2014, ch. 114, § 1, effective July 15, 2014; repealed by 2017 ch. 45, § 13, effective March 20, 2017.

Compiler’s Notes.

This section (Enact. Acts 2001, ch. 138, § 4, effective June 21, 2001; 2007, ch. 85, § 278, effective June 26, 2007; 2009, ch. 32, § 3, effective June 25, 2009; 2013, ch. 134, § 5, effective June 25, 2013; 2014, ch. 114, § 1, effective July 15, 2014) was repealed by Acts 2017, ch. 45, § 13, effective March 20, 2017.

260.858. Purpose of hemp research pilot program — Lawful and unlawful conduct.

  1. Notwithstanding any other provision of law to the contrary, it is lawful for a licensee, or his or her agent, to cultivate, handle, or process hemp or hemp products in the Commonwealth.
  2. It is unlawful for a person who does not hold a license issued by the department, or who is not an agent of a licensee, to cultivate, handle, process, or market living hemp plants or viable seeds, leaf materials, or floral materials derived from hemp. Penalties for persons who cultivate, handle, process, or market living hemp plants or viable seeds, leaf materials, or floral materials derived from hemp without a license are the same as those penalties that are applicable to persons who violate KRS Chapter 218A, relating to marijuana.
  3. It is unlawful for a person who does not hold a license issued by the department, or who is not an agent of a licensee, to possess hemp extract material having a delta-9 tetrahydrocannabinol concentration in excess of three-tenths of one percent (0.3%). Penalties for persons who possess such hemp extract materials without a license are the same as those penalties that are applicable to persons who violate KRS Chapter 218A, relating to marijuana.
  4. Nothing in this chapter authorizes any person to violate any federal or state law or regulation.

History. 2017 ch. 45, § 3, effective March 20, 2017; 2020 ch. 1, § 5, effective February 10, 2020.

260.859. Quorum for commission — Chair and vice chair. [Repealed]

History. Enact. Acts 2001, ch. 138, § 5, effective June 21, 2001; 2013, ch. 134, § 6, effective June 25, 2013; repealed by 2017 ch. 45, § 13, effective March 20, 2017.

Compiler’s Notes.

This section (Enact. Acts 2001, ch. 138, § 5, effective June 21, 2001; 2013, ch. 134, § 6, effective June 25, 2013) was repealed by Acts 2017, ch. 45, § 13, effective March 20, 2017.

260.860. Hemp Advisory Board.

  1. The Hemp Advisory Board is created for the purpose of providing advice and expertise as may be needed by the department with respect to plans, policies, and procedures applicable to the administration of its respective hemp program.
  2. The Hemp Advisory Board shall be attached to the department for administrative purposes.
  3. The Hemp Advisory Board shall be composed of the following members:
    1. The Commissioner of the department or the Commissioner’s designee;
    2. The dean of the University of Kentucky’s College of Agriculture, Food and Environment or the dean’s designee;
    3. The commissioner of the Department of Kentucky State Police or the commissioner’s designee;
    4. The president of the Kentucky Sheriff’s Association or the president’s designee;
    5. The president of the Kentucky Association of Chiefs of Police or the president’s designee; and
    6. Ten (10) at-large members designated by the Commissioner.
  4. The Commissioner or the Commissioner’s designee shall serve as chair.
  5. A majority of the members of the board shall constitute a quorum.
  6. The board shall meet at least one (1) time annually at the call of the chair.
  7. In making the initial appointments of the board, the Commissioner shall stagger the terms of the board members. Thereafter, members shall be appointed to a term of four (4) years and shall serve until their successors are duly appointed and qualified.
  8. Board members shall receive no compensation but shall be reimbursed, payable from the hemp program fund, for any actual travel expense incurred while attending meetings of the board.

HISTORY: 2017 ch. 45, § 5, effective March 20, 2017; 2020 ch. 1, § 6, effective February 10, 2020; 2021 ch. 12, § 11, effective March 12, 2021.

260.861. Meetings — Compensation of members — Staff services by Department of Agriculture and University of Kentucky Agricultural Experiment Station. [Repealed]

History. Enact. Acts 2001, ch. 138, § 6, effective June 21, 2001; 2013, ch. 134, § 7, effective June 25, 2013; repealed by 2017 ch. 45, § 13, effective March 20, 2017.

Compiler’s Notes.

This section (Enact. Acts 2001, ch. 138, § 6, effective June 21, 2001; 2013, ch. 134, § 7, effective June 25, 2013) was repealed by Acts 2017, ch. 45, § 13, effective March 20, 2017.

260.862. Promulgation of administrative regulations concerning the hemp program — Licensure for cultivation, handling, processing, and marketing of hemp.

  1. In addition to any other powers vested in it by law, the department shall have the authority and power to promulgate administrative regulations to:
    1. License persons who wish to cultivate, handle, process, or market hemp;
    2. Prescribe rules for a university’s participation in, or affiliation with, any hemp program;
    3. Prescribe sampling and testing procedures to ensure that hemp and hemp products cultivated, handled, processed, or marketed under the authority of this section do not exceed the concentration levels defined in federal law as it currently exists or as it may be subsequently amended;
    4. Define classes or categories of hemp products that are eligible for sale, transfer, or distribution to members of the public; and
    5. Establish a schedule of nonrefundable fees for applicants and licensees.
    1. No person shall cultivate, handle, process, or market hemp in the Commonwealth unless the person holds a license issued by the department.
    2. Any person seeking to cultivate hemp shall provide to the department the legal description and global positioning coordinates sufficient for locating the fields or greenhouses to be used to grow hemp.
    3. Any person seeking to cultivate or process hemp shall provide to the department prior written consent allowing representatives of the department, the Department of Kentucky State Police, and other state and local law enforcement agencies to enter onto all premises where hemp is cultivated, processed, or stored for the purpose of conducting physical inspections or ensuring compliance with the requirements of KRS 260.850 to 260.869 and administrative regulations promulgated by the department.
    4. An applicant for a license issued by the department shall submit to and pay for an annual criminal background check conducted by the Department of Kentucky State Police or another state or federal law enforcement agency or another entity selected by the department.
    5. No person who has been convicted of any felony or any drug-related misdemeanor or violation in the previous ten (10) years from the date of application shall be eligible to obtain a license, provided, however, that:
      1. A person who was growing hemp lawfully with a license, registration, or authorization under a pilot program authorized by Section 7606 of the Agricultural Act of 2014, 7 U.S.C. sec. 5940 , shall be eligible to obtain a license to grow hemp; and
      2. A person who was lawfully growing hemp under Section 7606 of the Agricultural Act of 2014 before December 20, 2018, and was convicted prior to December 20, 2018, shall be eligible to obtain a license to grow hemp.

History. 2017 ch. 45, § 4, effective March 20, 2017; 2020 ch. 1, § 7, effective February 10, 2020.

Legislative Research Commission Notes.

(3/20/2017). 2017 Ky. Acts ch. 45 contained 13 sections. Sections 1 to 10 of that Act amended, repealed and reenacted, or created statutes relating to the industrial hemp research program found in the statutory range of KRS 260.850 to 260.869 . Sections 11 and 12 amended or created statutes in other KRS chapters, and Section 13 repealed some statutes within KRS 260.850 to 260.869 . The correct reference should have been to only Sections 1 to 10 of this Act, the relevant range affecting the industrial hemp research program, and in codification the Reviser of Statutes has codified that language in this statute accordingly under the authority of KRS 7.136(1)(h) to correct manifest clerical or typographical errors.

260.863. Recommendations and annual report of commission. [Repealed]

History. Enact. Acts 2001, ch. 138, § 7, effective June 21, 2001; 2010, ch. 135, § 9, effective July 15, 2010; 2013, ch. 134, § 8, effective June 25, 2013; repealed by 2017 ch. 45, § 13, effective March 20, 2017.

Compiler's Notes.

This section (Enact. Acts 2001, ch. 138, § 7, effective June 21, 2001; 2010, ch. 135, § 9, effective July 15, 2010; 2013, ch. 134, § 8, effective June 25, 2013) was repealed by Acts 2017, ch. 45, § 13, effective March 20, 2017.

260.8635. Prohibition against transporting hemp extract material with a THC content of more than three-tenths of one percent (0.3%) — Exception.

  1. As used in this section, “location” means a single contiguous parcel of land and any buildings situated thereon.
  2. No person shall move or transport, or aid or abet another person in moving or transporting, any hemp extract material having a delta-9 tetrahydrocannabinol concentration in excess of three-tenths of one percent (0.3%):
    1. From any location outside the Commonwealth to any location within the Commonwealth;
    2. From any location inside the Commonwealth to any location outside the Commonwealth; or
    3. Except as provided in subsection (3) of this section, from any location inside the Commonwealth to any other location inside the Commonwealth.
  3. A licensed processor, or a person acting as a representative of a licensed processor, may move or transport hemp extract material having a delta-9 tetrahydrocannabinol concentration in excess of three-tenths of one percent (0.3%) from one (1) licensed processing location in the Commonwealth to another licensed processing location in the Commonwealth, provided that:
    1. The hemp extract material shall move directly from one (1) licensed processing location to another; and
    2. The licensed processor shall provide written notice to the department of the planned movement at least twenty-four (24) hours in advance to include the following information:
      1. The date of the movement;
      2. The address of the origin;
      3. The address of the destination; and
      4. Other information required by the department.

HISTORY: 2020 ch. 1, § 2, effective February 10, 2020.

260.864. Disciplinary actions against hemp program licensees — Monetary civil penalty authorized — Exception.

  1. The department may temporarily suspend a license up to sixty (60) days if the licensee is alleged to have:
    1. Violated any provision of KRS 260.850 to 260.869 or an administrative regulation promulgated under the authority of KRS 260.850 to 260.869 ;
    2. Made any false statement to the department or its representatives;
    3. Pled guilty to, or been convicted of, any felony or drug-related misdemeanor or violation;
    4. Failed to comply with only those instructions agreed upon in the contract signed by the licensee at the time the hemp license was issued; or
    5. Failed to comply with an order from a representative of the department, representative of the Department of Kentucky State Police, or any law enforcement officer.
  2. The department may temporarily suspend a license up to sixty (60) days without giving the licensee advance notice of the charge against him or her or an opportunity to be heard.
  3. The department shall not permanently revoke a license until the department has notified the licensee of the charge against him or her and given the licensee an opportunity for a hearing before a three (3) person panel whose members have been designated by the Commissioner. The three (3) person panel shall include:
    1. Two (2) members who are employees of the department; and
    2. One (1) member who is not an employee of the department.
  4. The department may permanently revoke a license if the licensee admits, or is found in a hearing, to have:
    1. Violated any provision of KRS 260.850 to 260.869 or an administrative regulation promulgated under the authority of KRS 260.850 to 260.869 ;
    2. Made any false statement to the department or its representative;
    3. Pled guilty to, or been convicted of, any felony or drug-related misdemeanor or violation; or
    4. Failed to comply with any instruction or order from the department, a representative of the Department of Kentucky State Police, or any law enforcement officer.
  5. The department may impose a monetary civil penalty, not to exceed two thousand five hundred dollars ($2,500) per violation, on any person who violates KRS 260.850 to 260.869 or an administrative regulation promulgated under the authority of KRS 260.850 to 260.869 .
  6. The department shall not impose a monetary civil penalty against a person alleged to have violated KRS 260.850 to 260.869 , or an administrative regulation promulgated under the authority of KRS 260.850 to 260.869 , until the department has notified the person of the charge against him or her and given the person the opportunity for a hearing before the three (3) person panel.

HISTORY: 2017 ch. 45, § 9, effective March 20, 2017; 2020 ch. 1, § 8, effective February 10, 2020.

Legislative Research Commission Notes.

(3/20/2017). 2017 Ky. Acts ch. 45 contained 13 sections. Sections 1 to 10 of that Act amended, repealed and reenacted, or created statutes relating to the industrial hemp research program found in the statutory range of KRS 260.850 to 260.869 . Sections 11 and 12 amended or created statutes in other KRS chapters, and Section 13 repealed some statutes within KRS 260.850 to 260.869 . The correct reference should have been to only Sections 1 to 10 of this Act, the relevant range affecting the industrial hemp research program, and in codification the Reviser of Statutes has codified that language in this statute accordingly under the authority of KRS 7.136(1)(h) to correct manifest clerical or typographical errors.

260.865. Mandatory adoption of federal rules and regulations regarding industrial hemp — KRS 260.850 to 260.869 not to conflict with federal law. [Repealed]

History. Enact. Acts 2001, ch. 138, § 8, effective June 21, 2001; 2013, ch. 134, § 9, effective June 25, 2013; repealed by 2017 ch. 45, § 13, effective March 20, 2017.

Compiler's Notes.

This section (Enact. Acts 2001, ch. 138, § 8, effective June 21, 2001; 2013, ch. 134, § 9, effective June 25, 2013) was repealed by Acts 2017, ch. 45, § 13, effective March 20, 2017.

260.866. Hemp program fund.

  1. The hemp program fund is hereby created as a separate trust fund in the State Treasury. The fund shall consist of amounts received from appropriations, and any other proceeds from gifts, grants, federal funds, application fees, or license fees provided by KRS 260.862 , civil penalties as provided by KRS 260.864 , and any other funds, both public and private, made available for purposes of KRS 260.850 to 260.869 .
  2. The hemp program fund shall be administered by the department.
  3. Amounts deposited in the hemp program fund shall be used for the costs of personnel, program administration, testing, actual travel expenses of the advisory board established under KRS 260.860 , and any other costs incurred while conducting the hemp programs under KRS 260.850 to 260.869 .
  4. Notwithstanding KRS 45.229 , the hemp program fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward into the next fiscal year.
  5. Any interest earnings of the hemp program fund shall become part of the fund and shall not lapse.
  6. Moneys in the fund are hereby appropriated for the purposes set forth in this section and shall not be appropriated or transferred by the General Assembly for any other purposes.

History. 2017 ch. 45, § 8, effective March 20, 2017; 2020 ch. 1, § 9, effective February 10, 2020.

Legislative Research Commission Notes.

(3/20/2017). 2017 Ky. Acts ch. 45 contained 13 sections. Sections 1 to 10 of that Act amended, repealed and reenacted, or created statutes relating to the industrial hemp research program found in the statutory range of KRS 260.850 to 260.869 . Sections 11 and 12 amended or created statutes in other KRS chapters, and Section 13 repealed some statutes within KRS 260.850 to 260.869 . The correct reference should have been to only Sections 1 to 10 of this Act, the relevant range affecting the industrial hemp research program, and in codification the Reviser of Statutes has codified that language in this statute accordingly under the authority of KRS 7.136(1)(h) to correct manifest clerical or typographical errors.

260.867. Discontinuation of industrial hemp research pilot program — Conditions — Notice. [Repealed]

History. 2017 ch. 45, § 10, effective March 20, 2017; repealed by 2020 ch. 1, § 10, effective February 10, 2020.

260.868. Eligibility of licensees to receive tobacco settlement funds under Master Settlement Agreement.

A person holding a license issued by the department may be eligible to receive funds received by the state under the Master Settlement Agreement and placed in the rural development fund established in KRS 248.655 .

History. Enact. Acts 2013, ch. 134, § 14, effective June 25, 2013; 2017 ch. 45, § 6, effective March 20, 2017.

260.869. Industrial hemp program fund.

  1. There is established in the State Treasury a trust and agency fund entitled the industrial hemp program fund, to be administered by the commission for the purpose of covering the costs of the commission and the industrial hemp research program, as approved by the commission.
  2. The fund may receive state appropriations, gifts, grants, federal funds, and any other funds both public and private, and shall receive all license application fees and license renewal fees collected by the commission. Money deposited in the fund is hereby appropriated for purposes set out in this section.
  3. Notwithstanding KRS 45.229 , any unallocated or unencumbered balances in the fund shall be invested as provided in KRS 42.500(9), and any interest or other income earned from the investments, along with the unallotted or unencumbered balances in the fund, shall not lapse but shall be carried forward for purposes of the fund.
  4. The industrial hemp program fund shall be closed on July 1, 2017. All moneys remaining in the fund shall be deposited in the industrial hemp research pilot program fund created under KRS 260.866 and shall be used for the purposes established under that section.

History. Enact. Acts 2001, ch. 138, § 9, effective June 21, 2001; 2013, ch. 134, § 10, effective June 25, 2013; 2017 ch. 45, § 7, effective March 20, 2017.

Miscellaneous Products

260.960. Aquaculture.

  1. The General Assembly recognizes the importance of aquaculture to the agricultural economy of the state.
  2. “Aquaculture” means the science, art, and business of producing and raising aquatic organisms under controlled or semicontrolled conditions.
  3. The State Department of Agriculture shall promote the development of markets for aquacultural products. The department shall work cooperatively with Kentucky State University’s aquaculture program utilizing its expertise in the area of aquaculture. The department also shall work cooperatively with other state agencies in assisting aquaculture producers to obtain the necessary permits.

History. Enact. Acts 1990, ch. 7, § 1, effective July 13, 1990; 1998, ch. 3, § 1, effective July 15, 1998; 1998, ch. 265, § 2, effective August 1, 1998.

Legislative Research Commission Note.

(7/15/98). This section was amended by 1998 Ky. Acts chs. 3 and 265 which are identical and have been codified together.

Penalties

260.990. Penalties.

  1. Any person who violates a stop order in violation of KRS 260.550(2) or (3) shall be fined one hundred dollars ($100) for the first offense, be fined two hundred fifty dollars ($250) for the second offense, and have his or her license revoked or suspended or, if the person has no license, be fined one thousand dollars ($1,000) for each subsequent offense.
  2. Any person who violates a withdraw from sale order in violation of KRS 260.550(4) shall be guilty of a Class B misdemeanor.
  3. Any person who violates KRS 260.600(4), involving an untimely payment of an assessment fee, shall be charged a penalty of ten percent (10%) of the original amount and shall be required to pay this penalty in addition to the original assessment fee. The original assessment fee and penalties shall be compounded by ten percent (10%) monthly until paid in full. Any assessment fee and penalties remaining unpaid for three (3) successive months shall result in a license revocation.
  4. Any person who fails to comply with KRS 260.610(6) shall be in violation of the egg marketing law and may be subject to license suspension or revocation. In the event of a suspension or revocation, a stop order shall be issued prohibiting the sale of the product. In the event that the original producer or plant is not required to be licensed because of having no direct distribution in the state and the product is distributed through other distribution channels, the producer or plant shall have its product placed under stop order and returned to the distributor. Further distribution in the state shall be prohibited until the department receives an emergency recall plan from the original producer or plant.
  5. Any person who violates any of the shell egg labeling requirements set forth in KRS 260.630 more than four (4) times within a calendar year shall be fined two hundred fifty dollars ($250) starting at the fifth offense, and an additional two hundred fifty dollars ($250) in addition to the previous fine for each subsequent offense.

History. 42c-3e, 1905a-27: amend. Acts 1954, ch. 129, § 11; 1956, ch. 121, § 12; 1956, ch. 128, § 15; 1962, ch. 210, § 42; 1998, ch. 208, § 8, effective July 15, 1998; 2005, ch. 40, § 6, effective June 20, 2005; 2006, ch. 35, § 2, effective July 12, 2006; 2006, ch. 215, § 3, effective July 12, 2006; 2008, ch. 66, § 7, effective July 15, 2008.

Compiler’s Notes.

Former subsections (3) and (4) (1905a-55) of this section were repealed by Acts 1956, ch. 128, § 16 and former subsections (6) and (7) (Acts 1956, ch. 128, § 15) of this section were repealed by Acts 1960, ch. 120, § 17 and the remaining subsections renumbered.

Research References and Practice Aids

Cross-References.

Designation of offenses; penalties, see KRS 532.020 .

Sentence of imprisonment for misdemeanor, see KRS 532.090 .

260.991. Penalties for milk marketing violations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 193, § 19, effective June 16, 1960; 1990, ch. 393, § 23, effective July 13, 1990) was repealed by Acts 2002, ch. 31, § 2, effective July 15, 2002.

260.992. Penalties.

  1. Any person who violates any provision of KRS 260.785 , 260.790 , 260.800 , 260.805 , or 260.809 shall be fined one hundred dollars ($100) for the first violation and not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each subsequent violation.
  2. Any person who violates any provision of KRS 260.777 , 260.780 , 260.783 , 260.793 , 260.795 , 260.797 , 260.807 , 260.820 , or 260.821(2)(c) shall be fined not more than five hundred dollars ($500), nor more than seven hundred fifty dollars ($750) for each subsequent violation.
  3. Any person who violates any provision of KRS 260.815 shall be assessed a penalty fee of a minimum of fifteen dollars ($15) or ten percent (10%) of the amount due, whichever is greater, when payment is made.
  4. Any person who violates any provision of KRS 260.821(3) shall be assessed a penalty fee of a minimum of twenty-five dollars ($25) or ten percent (10%) of the amount due, whichever is greater, when payment is made.

History. Enact. Acts 1960, ch. 120, § 16; 1966, ch. 255, § 224; 1980, ch. 217, § 16, effective July 15, 1980; 2000, ch. 229, § 24, effective January 1, 2001.

Compiler’s Notes.

KRS 260.820 , referred to in subsection (2), was repealed by Acts 2000, ch. 229, § 27, effective July 1, 2000.

260.993. Penalty for violation of regulation adopted by Southern Dairy Compact Commission. [Effective upon contingency.]

Any handler who violates a regulation adopted by the Southern Dairy Compact Commission established in Article III of the Southern Dairy Compact set out in KRS 260.670 shall be subject to a penalty of up to five thousand dollars ($5,000) per day. Each day of violation shall constitute a separate offense.

History. Enact Acts 1998, ch. 471, § 3, effective upon contingency.

Legislative Research Commission Note.

(6/20/2005). This statute was created as a subsection of KRS 260.990 in 1998 Ky. Acts ch. 471, sec. 3. It has been renumbered as KRS 260.993 by the Reviser of Statutes, acting under KRS 7.136(1). In accordance with 1998 Ky. Acts ch. 471, sec. 4, KRS 260.993 will take effect “at such time as three states of the group of states given in Section 20 of the Southern Dairy Compact set out in [KRS 260.670 ] enact that compact into law, substantially in the form given in [1998 Ky. Acts ch. 471], and when the consent of the Congress has been obtained to that compact.”

CHAPTER 261 Stockyards

261.010. Construction of chapter. [Repealed.]

Compiler’s Notes.

This section (63d-1, 63d-10) was repealed by Acts 1950, ch. 9, § 16.

261.020. Department to enforce chapter and supervise scales. [Repealed.]

Compiler’s Notes.

This section (63d-7) was repealed by Acts 1950, ch. 9, § 16.

261.030. Stockyard license fee. [Repealed.]

Compiler’s Notes.

This section (63d-9) was repealed by Acts 1950, ch. 9, § 16.

261.040. Issuance of license; clerk’s fee. [Repealed.]

Compiler’s Notes.

This section (63d-9) was repealed by Acts 1950, ch. 9, § 16.

261.050. County clerk to report on licenses issued and remit moneys. [Repealed.]

Compiler’s Notes.

This section (63d-9) was repealed by Acts 1950, ch. 9, § 16.

261.060. Scales to be kept in good condition. [Repealed.]

Compiler’s Notes.

This section (63d-6) was repealed by Acts 1950, ch. 9, § 16.

261.070. Commissioner to employ assistants. [Repealed.]

Compiler’s Notes.

This section (63d-7) was repealed by Acts 1950, ch. 9, § 16.

261.080. Functions of inspector. [Repealed.]

Compiler’s Notes.

This section (63d-8) was repealed by Acts 1950, ch. 9, § 16.

261.090. Only bonded weighmen may weigh livestock. [Repealed.]

Compiler’s Notes.

This section (63d-3, 63d-4) was repealed by Acts 1950, ch. 9, § 16.

261.100. Weighman to be bonded; forfeiture of bond. [Repealed.]

Compiler’s Notes.

This section (63d-2) was repealed by Acts 1950, ch. 9, § 16.

261.110. Stockyards to send lists of weighmen to department. [Repealed.]

Compiler’s Notes.

This section (63d-2) was repealed by Acts 1950, ch. 9, § 16.

261.120. Stockyard to report monthly sales of livestock to department. [Repealed.]

Compiler’s Notes.

This section (63d-5) was repealed by Acts 1950, ch. 9, § 16.

261.130. Summary of chapter to be printed and posted. [Repealed.]

Compiler’s Notes.

This section (63d-12) was repealed by Acts 1950, ch. 9, § 16.

261.200. Definitions for chapter.

As used in this chapter, unless the context requires otherwise:

  1. “Department” means the Kentucky Department of Agriculture;
  2. “Commissioner” means the Commissioner of Agriculture;
  3. “Board” means the State Board of Agriculture;
  4. “Stockyard” means a facility regulated by:
    1. The United States Secretary of Agriculture under the Packers and Stockyards Act, 1921 (42 Stat. 159), as amended, and regulations promulgated under these statutes by the Secretary of Agriculture; or
    2. The department under this chapter and administrative regulations promulgated under this chapter.

      A stockyard includes any place, establishment, or facility commonly known as a stockyard, which is conducted, operated, or managed for profit or nonprofit as a public market for livestock producers, feeders, market agencies, and buyers, consisting of pens or other enclosures and their appurtenances, in which livestock are received, held, or kept for sale or shipment in commerce;

  5. “Buying station” means a facility that is conducted, operated, or managed as a private livestock market that offers stockyard services;
  6. “Stockyard services” means services or facilities furnished at a stockyard or buying station in connection with the:
    1. Receiving, buying, or selling of livestock in commerce on a commission basis or otherwise; or
    2. Marketing, feeding, watering, holding, delivering, shipping, weighing, or handling of livestock in commerce;
  7. “Owner or operator” means persons responsible for the operation of each individual stockyard or buying station;
  8. “Market agency” means a person engaged in the business of:
    1. Buying or selling livestock in commerce on a commission basis; or
    2. Furnishing stockyard services;
  9. “Livestock dealer” means any person, not a market agency, who:
    1. Is regularly engaged in the business of buying or selling livestock in commerce, either on his or her own account or as the employee or agent of the vendor or purchaser; or
    2. Owns or operates a buying station; and
  10. “Livestock” means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or other animals of the bovine, ovine, porcine, caprine, equine, or camelid species.

HISTORY: Enact. Acts 1954, ch. 130, § 1, effective June 17, 1954; 2006, ch. 225, § 2, effective July 12, 2006; 2012, ch. 28, § 1, effective July 12, 2012; 2017 ch. 129, § 26, effective June 29, 2017.

Compiler’s Notes.

The Packers and Stockyard Act of 1921 referred to in subsection (4) of this section is compiled as 7 USCS § 201 et seq.

Legislative Research Commission Note.

Pursuant to Acts 1962, ch. 139, § 2, the reviser has substituted “department of agriculture” for “department of agriculture, labor and statistics” in this chapter.

Research References and Practice Aids

Cross-References.

Agriculture department, KRS ch. 246.

Dogs, KRS ch. 258.

Feeds, KRS ch. 250.

Grain warehouses, KRS ch. 251.

Livestock and poultry disease control, KRS ch. 257.

Marketing agricultural products, KRS ch. 260.

Promotion of agriculture, KRS ch. 247.

Strays and animals running at large, KRS ch. 259.

Trade practices, KRS ch. 365.

Veterinarians, KRS ch. 321.

Weights and measures, KRS ch. 363.

261.210. Enforcement and administration by department — Administrative regulations.

The department shall administer and enforce the provisions of this chapter and shall promulgate administrative regulations necessary to carry out the provisions of this chapter.

History. Enact. Acts 1954, ch. 130, § 2, effective June 17, 1954; 2006, ch. 225, § 3, effective July 12, 2006.

Legislative Research Commission Note.

Pursuant to Acts 1962, ch. 139, § 2, the reviser has substituted “department of agriculture” for “department of agriculture, labor and statistics” in this chapter.

261.220. Employment of inspectors and other personnel.

The Commissioner, with the specific approval of the board, shall employ such inspectors and other employees as are necessary for the enforcement of this chapter. Their duties shall be prescribed by the Commissioner and their compensation shall be determined under the provisions of KRS 64.640 .

History. Enact. Acts 1954, ch. 130, § 3, effective June 17, 1954.

261.230. Licenses to operate business of stockyard or buying station — Application — Fee — Stockyards to annually identify and verify dealers.

  1. The owner or operator of a stockyard or buying station shall file annually with the department an application for a license to operate the business under the provisions of this chapter. The applications shall be made on forms furnished by the department and shall state fully and correctly the nature of business to be conducted at the stockyard or buying station, the correct location and post office address, and any other additional information the department may require in accordance with the provisions of this chapter.
  2. The owner or operator of each stockyard or buying station shall pay on or before July 1 of each year a license fee of twenty-five dollars ($25) plus ten dollars ($10) for each scale.
  3. In the case of transfer of ownership of a stockyard or buying station by purchase or otherwise, a new application shall be filed with the department and a new license procured by the new owner or operator before operation may continue.
  4. In instances where two (2) or more stockyards or buying stations are owned and operated by the same person, a separate application for a license shall be filed and an individual license procured for each stockyard or buying station.
  5. Each stockyard shall annually identify all dealers that conduct business within the stockyard and shall verify that the dealers are properly licensed and bonded.
  6. Before issuing a license, the department shall determine that the applicant has satisfactorily complied with the provisions of this chapter, with the applicable provisions of KRS Chapter 257, and with the Packers and Stockyards Act, 7 U.S.C. secs. 181 -229b.
  7. The department may refuse to grant, or may revoke or suspend, any license issued under the provisions of this chapter for any violation of the provisions of this chapter, any applicable provision of KRS Chapter 257, or any applicable provision of the Packers and Stockyards Act, 7 U.S.C. secs. 181 -229b.

History. Enact. Acts 1954, ch. 130, § 4; 1960, ch. 232, § 1; 2006, ch. 225, § 4, effective July 12, 2006; 2012, ch. 28, § 2, effective July 12, 2012.

261.235. Licensure of market agencies.

  1. No person shall engage in the business of being a market agency 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 dollars ($10), payable to the Kentucky State Treasurer. The license shall expire on December 31 and shall be renewed annually.
  2. The terms and conditions for the licensure of market agencies shall be established by administrative regulation promulgated by the department.
  3. If the department determines that a person is required to be licensed both as a dealer and a market agency, then that person shall be required to pay for only one (1) license, but shall be required to obtain both licenses and comply with the requirements of both licenses.

History. Enact. Acts 2012, ch. 28, § 9, effective July 12, 2012.

261.240. Monthly reports of livestock received and sold.

The owner or operator of each stockyard or buying station shall file with the department, at the beginning of each month, a sworn statement showing the exact number of livestock received and sold at that stockyard or buying station during the preceding month. The statements shall be made on forms furnished by the department.

History. Enact. Acts 1954, ch. 130, § 5, effective June 17, 1954; 2012, ch. 28, § 3, effective July 12, 2012.

261.250. Stockyard or buying station owner or licensee to cooperate with 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 control, and all records pertaining to the business of the stockyard or buying station owner or licensee, and make copies of the records. Any necessary facilities for the inspection shall be extended to the representative by the stockyard or buying station owner or licensee.

History. Enact. Acts 1954, ch. 130, § 6, effective June 17, 1954; 2012, ch. 28, § 4, effective July 12, 2012.

261.260. Surety bonds or other security instrument or agreement.

  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. secs. 181 -229b, or regulations promulgated under the Act shall forward a copy of the bond or other security instrument or agreement to the department.
  2. The owner or operator of any stockyard or buying station, any market agency, or any livestock dealer who is not required to file a surety bond or other security instrument or agreement under requirements in the Packers and Stockyards Act, 7 U.S.C. secs. 181 -229b, or the regulations promulgated under the Act, shall file with the department a surety bond issued by a surety company authorized to transact business within the Commonwealth of Kentucky, payable to the Commonwealth with the Commissioner as trustee, or other security instrument or agreement required by the Commissioner. The terms, conditions, and amount of the bond or other security instrument or agreement shall be determined by administrative regulation.
  3. In instances where two (2) or more stockyards or buying stations are owned and operated by the same person, each affiliated stockyard or buying station shall be required to show proof of credit worthiness independent of the other affiliates and shall be required to meet the provisions of subsection (1) or (2) of this section.

History. Enact. Acts 1954, ch. 130, § 7, effective June 17, 1954; 2006, ch. 225, § 5, effective July 12, 2006; 2012, ch. 28, § 5, effective July 12, 2012.

261.270. Scales to be certified and tested.

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 license.

History. Enact. Acts 1954, ch. 130, § 8, effective June 17, 1954; 2006, ch. 225, § 6, effective July 12, 2006; 2012, ch. 28, § 6, effective July 12, 2012.

261.280. Fraudulent manipulation of scales prohibited.

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.

History. Enact. Acts 1954, ch. 130, § 9, effective June 17, 1954; 2006, ch. 225, § 7, effective July 12, 2006; 2012, ch. 28, § 7, effective July 12, 2012.

Research References and Practice Aids

Cross-References.

Deceptive business practices, Penal Code, KRS 517.020 .

261.290. Refusal, revocation and suspension of licenses. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 130, § 10, effective June 17, 1954) was repealed by Acts 2006, ch. 225, § 15, effective July 12, 2006.

261.300. Payment of fees into revolving fund.

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 available for the enforcement of the provisions outlined in KRS Chapter 257.

History. Enact. Acts 1954, ch. 130, § 11, effective June 17, 1954.

261.310. Exemption of posted stockyards. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 130, § 14) was repealed by Acts 1960, ch. 232, § 2.

261.320. Selection of veterinarian.

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 of the owner or operator. Any veterinarian so employed shall be licensed by the Kentucky Board of Veterinary Examiners and accredited by the United States Department of Agriculture.

History. Enact. Acts 1958, ch. 107, effective June 19, 1958; 2006, ch. 225, § 8, effective July 12, 2006.

261.350. Payment for livestock purchased by market agencies or livestock dealers.

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.

History. Enact. Acts 1974, ch. 174, § 1(1) to (4); 2006, ch. 225, § 9, effective July 12, 2006.

261.360. Insurance of livestock.

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 occurrence.

History. Enact. Acts 2006, ch. 225, § 1, effective July 12, 2006.

261.370. Exceptions to provisions of this chapter.

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, trading, or negotiating the transfer of livestock;
  2. A person who purchases only livestock for feeding or breeding purposes and retains said livestock in his possession for a period of thirty (30) days or longer and who is not regularly engaged in the business of buying, selling, trading, or negotiating the transfer of livestock;
  3. A person engaged in the business of buying and slaughtering livestock for food and in marketing the meat products therefrom, provided all animals purchased are slaughtered;
  4. A person engaged in the purchase or sale of livestock used exclusively for exhibition or entertainment purposes in the pursuit of a hobby; and
  5. A person engaged in sales conducted by or for FFA and 4-H groups; county, state, or private fairs or shows; and breed or livestock associations.

History. Repealed, reenact. and amend., Acts 2006, ch. 225, § 12, effective July 12, 2006; 2012, ch. 28, § 10, effective July 12, 2012.

Compiler’s Notes.

This section was formerly compiled as KRS 257.520 .

261.375. License required — Renewal, records of transactions — Violations — 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 dollars ($10), payable to the Kentucky State Treasurer. The license shall expire on December 31 and shall be renewed annually.
  2. Any livestock dealer shall maintain records of all transactions conducted by him for the next preceding two (2) year period, including the names and addresses of persons from whom he has purchased or to whom he has sold livestock and the date of the transactions, and make the records available to department representatives upon request, but shall not be required to maintain or furnish records or information as to the amount paid or received for any head of livestock.
  3. The following acts by any livestock dealer shall be violations of this chapter and may result in a license being revoked or suspended by the Commissioner of Agriculture:
    1. Failing to maintain the records required under subsection (2) of this section;
    2. Failing to provide access to department representatives of records;
    3. Buying or selling livestock under an assumed name or address; and
    4. Violating of any valid administrative regulation or statute governing disease control.
  4. If the Commissioner has reasonable cause to believe any provision of this chapter is being or has been violated by any livestock dealer, the Commissioner shall notify the livestock dealer that his license may be suspended or revoked.

History. Repealed, reenact. and amend., Acts 2006, ch. 225, § 13, effective July 12, 2006.

Compiler’s Notes.

This section was formerly compiled as KRS 257.530 .

261.380. Restriction on administrative regulations.

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.

History. Repealed, reenact. and amend., Acts 2006, ch. 225, § 14, effective July 12, 2006.

Compiler’s Notes.

This section was formerly compiled as KRS 257.540 .

261.990. Penalties — Stop-movement order — Action to recover fees.

  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), or shall be imprisoned for not more than three (3) months, or both.
  2. In determining the fine for violations of KRS 261.350 , each head of livestock that is not paid for in compliance with that section shall be considered a separate offense.
  3. In addition to the penalties provided in subsection (1) of this section, the Commissioner of Agriculture may issue a stop-movement order on livestock to any person required to be licensed or bonded under this chapter who:
    1. Sells, buys, or otherwise markets livestock without a dealer or market agency license;
    2. Sells or otherwise markets livestock without a current bond or other security instrument or agreement in the sufficient required amount on file with the department; or
    3. Fails to remit or pay fines owed to the department.
  4. The department or the Office of the Attorney General may recover fees or administrative penalties in a civil action brought by the Commonwealth of Kentucky.

History. Enact. Acts 1954, ch. 130, § 13; 1974, ch. 174, § 1(5); 2006, ch. 225, § 10, effective July 12, 2006; 2012, ch. 28, § 8, effective July 12, 2012.

Compiler’s Notes.

Former section KRS 261.990 (63d-11) was repealed by Acts 1950, ch. 9, § 16.

CHAPTER 262 Soil and Water Conservation

Soil and Water Conservation

262.010. Definitions.

  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 262.795 ;
  4. “Due notice” means notice published in accordance with the legal notice provisions of KRS Chapter 424;
  5. “Infrastructure” means the plant and assets required for maintaining a district office;
  6. “Land occupier” or “occupier of land” includes any person other than the landowner who is in possession of any lands lying within the district, whether as lessee or otherwise;
  7. “Landowner” or “owner of land” includes any person who holds legal or equitable title to the land within the district determined as follows:
    1. By his, her, or their names appearing on the recorded deed to the land;
    2. By title derived through a probated will or by the laws of descent and distribution under KRS Chapter 391;
    3. Where a minor or person adjudged mentally disabled is the owner of land within the district, the guardian or conservator or whoever has the power of attorney shall have the right to vote for such landowner under the provisions of KRS Chapter 262;
    4. Where the will has not been probated by the date of the referendum or election as provided in KRS Chapter 262, the executor of the deceased landowner shall have the right to vote for the devisee or devisees;
    5. Where the land within the districts is held in trust, the trustee shall have the right to vote for the landowner under the provisions of KRS Chapter 262;
    6. A landowner shall be entitled to but one (1) vote whenever he is given the right to vote under KRS Chapter 262 regardless of the number of tracts or parcels of land which he owns either wholly or in part, within the district;
    7. Where a trustee, executor, guardian, conservator, or other person with authority to vote for a landowner exercises such duty in relation to two (2) or more estates or tracts of land, within a district, such person shall have the right to vote separately for each such landowner which he represents within the district;
    8. In the case of a dispute as to whether or not a person has the right to vote in an election or referendum under the provisions of KRS Chapter 262, the person seeking such right must provide to the satisfaction of the polling superintendent that he has the right to vote under this section.
  8. “Supervisor” means one (1) of the members of the governing body of a conservation district.

History. 42i-3: amend. Acts 1964, ch. 117, § 1; 1966, ch. 23, § 59; 1966, ch. 239, § 179; 1972, ch. 99, § 1; 1982, ch. 141, § 78, effective July 1, 1982; 2007, ch. 51, § 1, effective June 26, 2007.

Compiler’s Notes.

This section was amended by § 83 of Acts 1980, ch. 396, which would have taken effect July 1, 1982; however, Acts 1982, ch. 141, § 146, effective July 1, 1982, repealed Acts 1980, ch. 396.

NOTES TO DECISIONS

Cited:

Johnston v. Staples, 408 S.W.2d 206, 1966 Ky. LEXIS 90 ( Ky. 1966 ).

Opinions of Attorney General.

A landowner’s wife whose name does not appear on the deed would not be entitled to vote in an election to approve or disapprove a proposed assessment in a watershed conservancy district. OAG 71-36 .

If a will leaving benefited property to numerous heirs has been probated and the property passed to the joint heirs, in an election to approve or disapprove a proposed assessment in a watershed conservancy district, each heir has a vote, but if the will has not been probated, the executor has the right to vote for the devisees. OAG 71-36 .

Where property was jointly owned by husband and wife, both the husband and wife would be entitled to one vote each in an election to approve or disapprove a proposed assessment in a watershed conservancy district. OAG 71-36 .

Research References and Practice Aids

Cross-References.

Agriculture department, KRS ch. 246.

Conservation department, KRS ch. 146.

Division of soil and water resources in department of conservation, KRS 146.080 to 146.110 .

Economic development, KRS ch. 154.

Fish and wildlife, KRS ch. 150.

Flood control, KRS ch. 104.

Forestry, KRS ch. 149.

Geological survey, KRS ch. 151.

Mines and minerals, KRS tit. XXVIII.

Parks, KRS chs. 97 and 148.

Promotion of agriculture and horticulture, KRS ch. 247.

Reclamation, KRS tit. XXII.

Regional development, KRS ch. 147.

Roadside lakes, KRS 150.625 .

Sanitation commission and water pollution control, KRS ch. 220.

Trees and plants, KRS ch. 249.

Water districts, KRS ch. 74.

Kentucky Law Journal.

Ausness, Water Use Permits in a Riparian State: Problems, 66 Ky. L.J. 191 (1977-1978).

Kentucky Law Survey, Bratt and Brown, Environmental Law, 70 Ky. L.J. 455 (1981-82).

262.020. Purpose of soil and water conservation district — Methods of achieving 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, development, maintenance and use of the land, water, trees and other renewable natural resources of the district. Such projects and activities shall include but not be limited to conservation practices on agricultural lands, the control of soil erosion, retardation of water runoff, the construction of flood prevention and control reservoirs, the maintenance of flood plains, the promotion of projects to assure an adequate municipal, industrial and agricultural supply of water, watershed stabilization, the avoidance and abatement of sedimentation and pollution in streams and other bodies of water, forestation and reforestation, the establishment of parks and outdoor recreation areas, the protection of open space, greenbelt areas and scenery, the preservation of wilderness areas, the protection of fish and wildlife, working for the location of highways, industries, housing developments, airports and other structures as are consistent with the district’s objectives and will offer the least possible interference with the conservation and best multiple use of the renewable natural resources, and all other activities consistent with the total natural resources development of the district.

History. 42i-2: amend. Acts 1968, ch. 64, § 1.

Opinions of Attorney General.

In view of the broad powers and purposes given to soil and water conservation districts by this section and the narrow scope of authority granted to watershed conservancy districts by KRS 262.700 through KRS 262.990 , it would appear that the former have stronger authority to employ engineers for the purpose of determining whether a specific proposed regional garbage disposal landfill will pollute the water of the watershed so as to interfere with existing water uses and to testify as to their findings in related legal proceedings. OAG 82-88 .

Research References and Practice Aids

ALR

Prohibiting or regulating removal or exploitation of oil and gas, minerals, soil, or other natural products within municipal limits. 10 A.L.R.3d 1226.

Validity of Zoning Regulations Prohibiting or Regulating Removal or Exploitation of Oil and Gas, Including Hydrofracking, 84 A.L.R.6th 133.

262.025. Transfer of State Soil Conservation Committee functions to Soil and 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.

History. Enact. Acts 1960, ch. 68, Art. XIV, § 4; 1966, ch. 23, § 60.

262.030. State Committee; membership; part of the Department of Conservation. [Repealed.]

Compiler’s Notes.

This section (42i-4: amend. Acts 1950, ch. 106, § 1) was repealed by Acts 1960, ch. 68, art. XIV, § 6.

262.040. Chairman of committee; hearings; quorum. [Repealed.]

Compiler’s Notes.

This section (42i-4: amend. Acts 1950, ch. 106, § 2) was repealed by Acts 1960, ch. 68, art. XIV, § 6.

262.050. Compensation of committee. [Repealed.]

Compiler’s Notes.

This section (42i-4) was repealed by Acts 1960, ch. 68, art. XIV, § 6.

262.060. Committee to keep record; to adopt seal. [Repealed.]

Compiler’s Notes.

This section (42i-4) was repealed by Acts 1960, ch. 68, art. XIV, § 6.

262.070. Assistance from other state agencies; delegation of duties. [Repealed.]

Compiler’s Notes.

This section (42i-4: amend. Acts 1950, ch. 106, § 3) was repealed by Acts 1960, ch. 68, art. XIV, § 6.

262.080. Committee to have employes bonded. [Repealed.]

Compiler’s Notes.

This section (42i-4) was repealed by Acts 1946, ch. 27, § 37.

262.090. Functions of state 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 and local governments in the development of a complete soil conservation program.
  4. Perform such acts and promulgate such regulations as may be necessary to carry out its functions.

History. 42i-4: amend. Acts 1950, ch. 106, § 4; 1974, ch. 151, § 1.

Research References and Practice Aids

Cross-References.

Administrative regulations, adoption date and effective date, KRS 13A.330 .

Soil and water resources commission to assist in soil conservation program, KRS 146.110 .

262.095. Appropriations — How used.

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.

History. Enact. Acts 1942, ch. 120, § 1; 1950, ch. 106, § 5.

262.096. Budget reports — What to include. [Repealed]

History. Enact. Acts 1942, ch. 120, § 2; repealed by 2019 ch. 50, § 7, effective June 27, 2019.

262.097. Reports from districts — Compliance with KRS 65A.010 to 65A.090.

  1. The supervisors of the respective soil 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 conservation districts shall comply with the provisions of KRS 65A.010 to 65A.090 .

History. Enact. Acts 1942, ch. 120, § 3; 2013, ch. 40, § 71, effective March 21, 2013.

262.100. Petition for district.

  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 district be organized to function in the territory described in the petition. The petition shall set forth:
    1. The proposed name of the district;
    2. A statement that there is need, in the interest of the public health, safety and welfare, for a district to function in the territory described in the petition;
    3. A description of the territory proposed to be organized as a district, which description need not be given by metes and bounds or by legal subdivisions, but shall be sufficient if generally accurate;
    4. A request that the commission define the boundaries for the district; that a referendum be held within the defined territory on the question of the creation of a district in that territory; and that the commission determine that a district be created.
  2. Where more than one petition is filed covering parts of the same territory, the commission may consolidate all or any of those petitions.

History. 42i-5.

262.110. Hearing on creation of district — Matters to be considered.

  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 creation of the district; of the appropriate boundaries to be assigned to the district; of the propriety of the petition and other proceedings taken under this chapter, and upon all questions relevant to such inquiries. All owners and occupiers of land within the limits of the territory described in the petition and of lands within any territory considered for addition to the described territory, and all other interested parties may attend the hearing and be heard.
  2. If it appears upon the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned, due notice of further hearing shall be given throughout the entire area considered for inclusion in the district and a further hearing shall be held. After that hearing, if the commission determines, upon the facts presented at the hearing and upon other available relevant information, that there is need, in the interest of the public health, safety and welfare, for a district to function in the territory considered at the hearing, it shall make and record the determination, and shall define, by metes and bounds or by legal subdivisions, the boundaries of the district.
  3. In making the determination and in defining the boundaries, the commission shall give weight and consideration to the topography of the area considered and that of the state; the composition of soils; the distribution of erosion; the prevailing land-use practices; the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits those lands may receive from being included within the boundaries; the relation of the proposed area to existing watersheds and agricultural regions and to other districts already organized or proposed for organization under this chapter; and other relevant physical, geographical and economic factors, having regard to the legislative determinations set forth in KRS 262.020 . The territory to be included within the boundaries need not be contiguous. If the commission determines after the hearing, after consideration of the relevant facts, that there is no need for a district to function in the territory considered at the hearing, it shall make and record the determination and shall deny the petition.

History. 42i-5.

262.120. Referendum on creation of district.

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 whether the operation of a district within those boundaries with the powers conferred upon districts in this chapter is administratively practicable and feasible. To assist the commission in the determination of administrative practicability and feasibility, the commission shall, within a reasonable time after entry of the finding that there is need for the organization of the district and the determination of the boundaries of the district, hold a referendum within the proposed district upon the proposition of the creation of the district, and cause due notice of the referendum to be given. The question shall be submitted to the voters in the following form: “For creation of a soil conservation district of the lands below described and lying in the County (or Counties) of . . . . . , . . . . . , and . . . . . ” and “Against creation of a soil conservation district of the lands below described and lying in the County (or Counties) of . . . . . , and . . . . . ” The voter shall be instructed to vote “yes” for one or the other of the propositions, as the voter may favor or oppose creation of the district. The boundaries of the proposed district as determined by the commission shall be set forth. Only owners of lands lying within the boundaries of the territory, as determined by the commission, shall be eligible to vote in the referendum.

History. 42i-5: amend. Acts 1982, ch. 360, § 75, effective July 15, 1982.

262.130. Commission to pay for and supervise conduct of referendum — Equal 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 appropriate regulations governing the conduct of the hearings and referendum and providing for the registration prior to the date of the referendum of all eligible voters, or prescribing some other appropriate procedure for the determination of the eligibility of voters in the referendum.
  2. In all referendums under this chapter, provision shall be made for those opposing the establishment of a district or the adoption of any regulation to have equal representation with the proponents of the measure in the registration and determination of eligibility of voters, in the election officers, in the holding of the referendum, in the custody of the votes cast and in the canvassing and certifying of the returns.

History. 42i-5: amend. Acts 1982, ch. 360, § 76, effective July 15, 1982.

262.140. Commission to determine feasibility of district when majority favor.

  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 district is not administratively practicable and feasible, it shall record the determination and deny the petition. If the commission determines that the operation of the district is administratively practicable and feasible, it shall record the determination and shall proceed with the organization of the district in the manner provided in KRS 262.150 . In making the determination the commission shall give regard and weight to the attitudes of the owners and occupiers of lands lying within the defined boundaries, the number of landowners eligible to vote in the referendum who have voted, the proportion of the votes cast in the referendum in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the landowners and occupiers of the proposed district, the probable expense of carrying on erosion-control operations within the district, and such other economic and social factors as may be relevant to the determination, having due regard to the legislative determinations set forth in KRS 262.020 .
  2. The commission shall not determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district have been cast in favor of creation of the district.

History. 42i-5.

262.150. Appointment of district supervisors by commission — Qualifications — 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 262.240 .
  2. The three (3) supervisors appointed under subsection (1) shall be persons who by training and experience are qualified to perform the services required of them by this chapter, and they shall serve until supervisors are elected at the next regular elections of supervisors as provided for under KRS 262.240 .

History. 42i-5, 42i-7: amend. Acts 1950, ch. 106, § 6; 1974, ch. 151, § 2.

262.160. Supervisors to present application to Secretary of State and file statement 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:
    1. Recitals that a petition for the creation of the district was filed with the commission pursuant to this chapter and that the proceedings were taken pursuant to the petition; that the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body under this chapter; and that the commission has appointed them as supervisors.
    2. The name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office.
    3. The term of office of each of the supervisors.
    4. The name which is proposed for the district.
    5. The location of the principal office of the supervisors of the district.
  2. The application shall be subscribed and sworn to by each of the supervisors before an officer authorized to take and certify oaths, who shall certify upon the application that he personally knows the supervisors and knows them to be the officers as affirmed in the application, and that each has subscribed to the application in the officer’s presence.
  3. The application shall be accompanied by a statement by the committee, which shall certify by mere recitals, that:
    1. A petition was filed, notice was issued and hearing was held.
    2. The commission determined that there was need, in the interest of the public health, safety and welfare, for a district to function in the proposed territory and defined the boundaries of the territory.
    3. Notice was given and a referendum held on the question of the creation of the district and the result of the referendum showed a majority of the votes cast in the referendum to be in favor of the creation of the district.
    4. The commission determined that the operation of the proposed district was administratively practicable and feasible.
  4. The statement shall set forth the boundaries of the district as they have been defined by the commission.

History. 42i-5: amend. Acts 1974, ch. 151, § 3.

262.170. Secretary of State to record application and issue certificate of creation.

  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 and statement and record them in an appropriate book of record in his office.
  2. If the Secretary of State finds that the name proposed for the district is identical with that of any other district or so nearly similar as to lead to confusion and uncertainty, he shall certify that fact to the commission, which shall submit to the Secretary of State a new name which is not subject to such defects. Upon receipt of the new name, free of such defects, the Secretary of State shall record the application and statement, with the name so modified, in an appropriate book of record in his office.
  3. When the application and statement have been made, filed and recorded, as provided in this section, the district shall come into existence as a public body corporate and politic. The Secretary of State shall make and issue to the supervisors a certificate, under the seal of the state, as to the organization of the district, and shall record a copy of the certificate with the application and statement.
  4. In any action involving the validity or enforcement of, or relating to, any contract or action of the district, the district shall be deemed to have been established in accordance with this chapter upon proof of the issuance of the certificate by the Secretary of State. A copy of the certificate properly certified by the Secretary of State shall be admissible in evidence in any such action and shall be proof of the filing and contents of the certificate.

History. 42i-5.

262.180. Territory included in district — Addition of territory — Procedure.

  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 for by KRS 262.100 to 262.180 in the case of petitions to organize a district shall be observed as far as may be practicable in the case of petitions for inclusion. The commission shall prescribe the form for such petitions, which shall be as nearly as may be in the form prescribed by KRS 262.100 for petitions to organize a district. The Secretary of State shall receive the application for inclusion of the area within the district and shall attach such application to the original file containing the papers by which such district was organized. Where the total number of landowners in the area proposed for inclusion is less than twenty-five (25), the petition may be filed when signed by a majority of the landowners of the area, and in that case, no referendum need be held. In a referendum upon a petition for inclusion of additional territory, all owners of land lying within the proposed additional area shall be eligible to vote.

History. 42i-5: amend. Acts 1966, ch. 23, § 61; 1968, ch. 64, § 2; 1972, ch. 99, § 2; 2019 ch. 44, § 30, effective June 27, 2019.

Opinions of Attorney General.

Where a soil conservation district had previously levied a real property tax on all taxable real estate parcels of five (5) acres or more, the amendment of subsection (4) of KRS 262.200 to tax all real property would not, as applied, distinguish between old and new property, including houses and lots under five (5) acres. OAG 81-174 .

262.190. When subsequent petitions may be filed after denial.

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 262.100 to 262.180 .

History. 42i-5.

262.200. Nature of district — Governing body — Corporate powers — Operating 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) supervisors shall be appointed by the committee as provided in KRS 262.150 , and five (5) shall be elected under KRS 262.210 and 262.220 . The supervisors shall hold no other city, county, or state elective office. Where the need for urban representation on the board of supervisors exists, it shall be limited to three (3) members.
  3. The board may sue and be sued in the name of the district; have a seal, which shall be judicially noticed; have perpetual succession unless terminated as provided in KRS 262.530 to 262.560 ; make and execute contracts and other instruments necessary or convenient to exercise its powers.
  4. The board may request annual operating funds from the fiscal court. To support the request, the board shall present to the fiscal court a report of the previous year’s operation, a long range plan for natural resource development, and an annual plan of work. Should a fiscal court fail to approve a requested budget, it shall present a specific list of objections and suggested corrections to the board in writing and within a reasonable time. If a budget request is not approved, the board may submit a revised budget request. Funds for an approved budget shall be supplied either from general funds or from the levy of a millage tax on all real property within the boundaries of the county. The tax shall be collected in the same manner as other county taxes, and shall be credited to the board. The funds so collected shall be expended by the board for the employment of soil conservation aids and for other purposes directly associated with the program, including promotional activities, prize moneys, office equipment and supplies, and incidentals deemed necessary.

History. 42i-5, 42i-7, 42i-8: amend. Acts 1950, ch. 106, § 7; 1958, ch. 151; 1972, ch. 99, § 3; 1980, ch. 199, § 1, effective July 15, 1980; 1992, ch. 272, § 1, effective July 14, 1992.

Opinions of Attorney General.

Since levying a tax under this section was a nonjudicial act of the fiscal court, the court could rescind its order so long as no contract right was involved. OAG 62-671 .

A soil conservation district could not be held liable for a $10.00 license fee required by ordinance to be paid by employers before the commencement of business. OAG 62-1014 .

A watershed conservancy district, being a subdistrict of a soil conservation district, is a governmental subdivision of the state and a public body exercising public power. OAG 63-637 .

A county soil conservation district board may request and the fiscal court of such county may levy a tax of two cents ($0.02) per acre, even though such tax rate is an increase from the rate levied in previous years. OAG 67-346 .

The offices of city treasurer and county soil and water conservation district supervisor under subsection (2) of this section are not incompatible. OAG 71-230 .

This section, as amended in 1972 by ch. 99, § 3, seems to indicate from the use of the term “upon” that the fiscal court has the option of examining the budget of the board and that the budget provisions must be agreed to by the fiscal court and the board and it is only after formal approval of the budget by the court that it becomes mandatory upon it to provide the necessary operating funds. OAG 72-335 .

A school board member may not serve on a soil conservation district board of supervisors. OAG 72-683 .

The available funds derived pursuant to this section and the funds and assets transferred from a defunct district must first be expended for proper maintenance of present improvements as provided in KRS 262.793(2) but the excess each year, if any, may be used for existing and new improvements and practices as provided in KRS 262.793(1). OAG 74-596 .

A soil and water conservation district is a separate governmental subdivision of the state, a public body corporate and politic and does not constitute a municipality, county or agency of state government. OAG 79-149 .

Under this section, as amended in 1980, once the district board’s budget has been submitted to and finally approved by the fiscal court, it is mandatory that the fiscal court fund the budget either from the county’s general fund or by levying the millage ad valorem tax, not to exceed $25,000 for a fiscal year, because subsection (4) of this section says that the funds “shall be supplied;” since the millage ad valorem tax is not a voted levy, and since the tax is characterized by subsection (4) of this section as a “county tax,” the roll-back restrictions of KRS 68.245 apply. OAG 80-260 .

The county sheriff is authorized under KRS 262.770 to pursue delinquent soil and water conservation district taxes just as he would in the case of delinquent state and county taxes, including advertising the sale of delinquent tax claims under former KRS 134.440 (now repealed), since these taxes are considered county taxes under this section. OAG 81-112 .

The amendment of subsection (4) of this section to limit the maximum total tax revenue from real property millage tax to $25,000 per year does not unconstitutionally impact upon KRS 132.023 , since the General Assembly may constitutionally levy rates which lessen taxes. OAG 81-174 .

Where a soil conservation district had previously levied a real property tax on all taxable real estate parcels of five (5) acres or more, the amendment of subsection (4) of this section to tax all real property would not, as applied, distinguish between old and new property, including houses and lots under five acres. OAG 81-174 .

Funds derived from a soil conservation tax imposed under this section are not included in the computation of the 4% increase in revenue permitted under KRS 68.245 . Since the soil and water conservation tax is not subject to KRS 68.245 , it necessarily follows that the revenue it produces should not be included in the calculations of permissible rates for other taxes that are subject to KRS 68.245. OAG 92-113 .

The tax authorized by this section is not subject to the rate rollback provisions of KRS 68.245 . Since this section’s tax already contains its own rollback provision, there is no need to subject it to the additional rollback mechanism in KRS 68.245 . To do so would render the expressed $25,000 ceiling in this section meaningless. OAG 92-113 (overruling OAG 80-260 to the extent of conflict).

Research References and Practice Aids

Cross-References.

Department of law, KRS ch. 15.

262.210. Nomination of supervisors by petition.

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 nomination prior to a general election. Such petitions shall be filed no later than 4 p.m. local time at the place of filing when filed on the last date on which such papers are permitted to be filed. Each nominating petition shall be subscribed by twenty-five (25) or more qualified voters who are residents of the territory to be encompassed by the district. Resident qualified voters may join in nominating by petition more than one (1) candidate for supervisor. The nominating petition shall state the residence and post office address of each candidate, that he is legally qualified to hold the office, and that the subscribers desire, and are legally qualified, to vote for the candidate. The county clerk shall certify the nomination and election of supervisors to the commission.

History. 42i-6: amend. Acts 1974, ch. 151, § 4; 1984, ch. 185, § 29, effective July 13, 1984; 1986, ch. 185, § 5, effective January 1, 1987; 1986, ch. 470, § 42, effective July 15, 1986.

Legislative Research Commission Note.

This section was amended by two 1986 Acts which do not appear to be in conflict and have been compiled together.

262.220. Election for supervisors — County clerk’s duties.

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 water conservation district, where portions of more than one (1) district are within the boundaries of a single voting precinct, separate votes shall be taken for the election of supervisors. The election of soil and water conservation district supervisors shall be subject to the provisions of KRS Chapter 118 for the conduct of regular elections, except that the cost of placing the names of the nominees before the voters shall be borne by the commission.

History. 42i-6: amend. Acts 1950, ch. 106, § 8; 1972, ch. 99, § 4; 1974, ch. 151, § 5; 1980, ch. 188, § 236, effective July 15, 1980; 1982, ch. 360, § 77, effective July 15, 1982.

Research References and Practice Aids

Cross-References.

Conduct of regular elections, KRS ch. 118.

262.230. Board chairman — Quorum.

  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.

History. 42i-7.

262.240. Supervisors’ terms — Nomination and election — Vacancies — Compensation — Removal.

  1. A supervisor’s term begins on January 1 following his election. The two (2) supervisors elected in the general election of 1974 shall be elected for a term of two (2) years. In 1976 a general election shall be conducted for seven (7) supervisors. The four (4) supervisors elected with the highest number of votes in the general election of 1976 shall serve for four (4) years; the other three (3) supervisors elected in 1976 shall serve for two (2) years. In the event only seven (7) nominating petitions for supervisors are filed, the commission shall declare the nominees elected without an election, and shall name four (4) of the nominees to serve terms of four (4) years, and three (3) to serve terms of two (2) years. Thereafter supervisors shall be elected for four (4) years as their terms expire. Nominating petitions for supervisors shall be filed with the county clerk not later than the last date prescribed by the election law generally for filing certificates and petitions of nomination. No such nominating petition shall be accepted by the clerk unless it is signed by twenty-five (25) or more qualified resident voters of the district. Qualified resident voters may sign more than one (1) nominating petition to nominate more than one (1) candidate for supervisor. In the event nominating petitions for only the number of supervisors to be elected are filed, the commission shall declare the nominees elected without holding an election. The county clerk shall examine the petition of each candidate to determine whether it is regular on its face. If there is an error, the county clerk shall notify the candidate by certified mail within twenty-four (24) hours of filing.
  2. A supervisor shall hold office until his successor has been elected and has qualified. Vacancies shall be filled for the unexpired term by appointment by the commission.
  3. A supervisor may be reimbursed for expenses necessarily incurred in the discharge of his duties and may be paid a per diem for attending meetings or otherwise discharging the obligations of his office.
  4. A supervisor shall be a resident of the county or district in which he serves as a supervisor, and upon moving from the county or district, the supervisor shall be ineligible to serve as a supervisor and his office shall be vacant.
  5. A supervisor who has been declared elected without an election pursuant to subsection (1) of this section may be removed from office by the commission in the same manner as provided by KRS 65.007 for removal of an appointed member of the governing body of a special district.

History. 42i-7: amend. Acts 1950, ch. 106, § 9; 1960, ch. 68, Art. XIV, § 5; 1962, ch. 26; 1974, ch. 151, § 6; 1980, ch. 18, § 22, effective July 15, 1980; 1984, ch. 185, § 30, effective July 13, 1984.

Opinions of Attorney General.

A member of the board of supervisors of a conservation district is a local, subdivisional officer and may potentially receive per diem and expenses for serving as such and a state officer could not hold the supervisor’s position because of the prohibition of KRS 61.080(1) and Ky. Const., § 165, but were he not a state officer but a state employee the dual positions would not violate these sections; however, since a member of the board of supervisors receives a per diem it constitutes a paid public office and a person serving as both a member of the board of supervisors and as a state officer or employee would be in violation of KRS 18.310(4) (now 18A.140 ). OAG 76-430 .

262.250. Board may hire employees, delegate functions and bond employees.

  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 duties as it may deem proper.
  3. The supervisors shall provide for the execution of surety bonds for all employees and officers who are entrusted with funds or property.

History. 42i-7.

Opinions of Attorney General.

It is legal for a soil conservation district to employ a person as an aide although such person was also a member of the fiscal court which levied a tax for the benefit of the district. OAG 63-87 .

262.260. Designation of city or county representative to consult with board — 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 the district on all questions of program and policy which may affect the property, water supply, or other interests of the city or county, and to request by resolution that said city and/or county participate wholly or partially in any expense attendant to the execution of any program and/or policy, setting forth in said resolution all details of the program and/or policy together with an estimated annual cost. Should said legislative body approve said program and/or policy, it may expend funds out of its respective tax levy to assist in said program and/or policy.

History. 42i-7: amend. Acts 1946, ch. 83.

262.270. Board may make regulations.

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.

History. 42i-8.

262.280. Board to provide record — Audits of district accounts — Data to be 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. For fiscal periods ending prior to July 1, 2014, an audit of the accounts of each district shall take place once every four (4) years unless the district receives or expends seven hundred fifty thousand dollars ($750,000) or more in any year, in which case the district shall provide for the performance of an annual audit. The audit shall be conducted in accordance with audit standards and requirements stipulated in KRS 65.065(5). For fiscal periods beginning on and after July 1, 2014, the provisions of KRS 65A.030 shall apply to audits of the accounts of each district.
  3. Upon request of the commission, the board shall furnish the commission with copies of ordinances, regulations, orders, contracts, forms, and other documents adopted or employed by the board and any other information requested by the commission concerning the board’s activities.

History. 42i-7: amend. Acts 2007, ch. 114, § 2, effective June 26, 2007; 2013, ch. 40, § 72, effective March 21, 2013.

Legislative Research Commission Note.

(3/21/2013). Under the authority of KRS 7.136 , the Reviser of Statutes has corrected a manifest clerical or technical error in subsection (2) of this statute. A period has been inserted before the phrase “for fiscal periods beginning on and after July 1, 2014,” and the first letter of the word “for” has been capitalized.

262.290. Board may acquire, maintain and dispose of property — Other laws not to 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 of its property or interests in furtherance of this chapter.
  2. The board may construct, improve and maintain structures necessary or convenient for the performance of operations authorized by this chapter.
  3. No statute relating to the acquisition, operation or disposition of property by public bodies shall apply to a district unless the General Assembly specifically so states.

History. 42i-8.

NOTES TO DECISIONS

1.Distribution of Funds.

Where land owned by a dissolved watershed conservancy district was paid for by special assessments from members, the members were entitled to the distribution of funds on the sale of the land. Webster County Soil Conservation Dist. v. Shelton, 437 S.W.2d 934, 1969 Ky. LEXIS 462 ( Ky. 1969 ).

262.300. Board may conduct research work.

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 measures. No district shall initiate any research program except pursuant to a cooperative agreement entered into between the agricultural experiment station and the district.

History. 42i-8.

NOTES TO DECISIONS

Cited:

Webster County Soil Conservation Dist. v. Shelton, 437 S.W.2d 934, 1969 Ky. LEXIS 462 , 38 A.L.R.3d 1375 ( Ky. 1969 ).

262.310. Board may develop soil conservation plans.

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 necessary or desirable for the effectuation of the plans, including the specification of engineering operations, methods of cultivation, the growing of vegetation, cropping programs, tillage practices and changes in use of land. The board shall publish those plans and information and bring them to the attention of owners and occupiers of lands within the district.

History. 42i-8.

262.320. Board may employ erosion-control measures — Cooperation with other 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 262.020 , on lands owned or controlled by this state or any of its agencies, with the consent and cooperation of the agency administering and having jurisdiction of the lands and on any other lands within the district, upon obtaining the consent of the owners and occupiers of the lands or the necessary rights or interests in those lands.
  2. In carrying on erosion-control and prevention operations, the board may cooperate or enter into agreements with any agency, governmental or otherwise, or any owner or occupier of lands within the district, subject to such conditions as the board deems necessary to advance the purposes of this chapter.

History. 42i-8.

262.330. Board may furnish materials and equipment and prescribe conditions for 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, fertilizer, seeds, seedlings and such other material or equipment as will assist the landowners and occupiers to carry on operations upon their lands for the conservation of soil resources and for the prevention and control of soil erosion.
  2. As a condition to the extending of any benefits under this chapter to, or the performance of work upon, any lands not owned or controlled by this state or any of its agencies, the board may require contributions in money, services, materials or otherwise to any operations conferring such benefits, and require landowners and occupiers to enter into and perform such agreements or covenants as to the permanent use of their lands as will tend to prevent or control erosion.

HISTORY: 42i-8; 2022 ch. 239, § 5, effective April 26, 2022.

Legislative Research Commission Notes.

(4/26/2022). The language in subsection (1) of this statute has been modified in codification from the way it was enacted in order to reflect the Governor’s line-item veto of 2022 House Bill 604 ( 2022 Ky. Acts ch. 239, sec. 5).

262.340. Board may take over government projects and receive contributions.

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 States or any of its agencies, or of this state or any of its agencies, any soil-conservation, erosion-control or erosion-prevention project within its boundaries;
  3. Act as agent for the United States or any of its agencies, or for this state or any of its agencies, in connection with the acquisition, construction, operation or administration of any soil-conservation, erosion-control or erosion-prevention project within its boundaries;
  4. Accept contributions in money, services, materials or otherwise from the United States or any of its agencies, or from this state or any of its agencies, and use or expend those moneys, services, materials or other contributions in carrying on its operations.

History. 42i-8.

262.350. Land-use regulations, what they may include.

  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 and preventing and controlling soil erosion. The board may conduct such public meetings and public hearings upon tentative regulations as may be necessary to assist it in this work.
  2. Land-use regulations may include:
    1. Requirements for the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches and other necessary structures;
    2. Requirements for the observance of particular methods of cultivation, including contour cultivating, contour furrowing, lister furrowing, sowing, planting, strip cropping, seeding and planting of lands to water-conserving and erosion-preventing plants, trees and grasses, forestation and reforestation;
    3. Specifications of cropping programs and tillage practices to be observed;
    4. Requirements for the retirement from cultivation of highly erosive areas or of areas on which erosion may not be adequately controlled if cultivation is carried on; and
    5. Provisions for such other measures and programs as may assist conservation of soil resources and prevent or control soil erosion in the district, with regard to KRS 262.020 .

History. 42i-9.

Research References and Practice Aids

ALR

Prohibiting or regulating removal or exploitation of oil and gas, minerals, soil, or other natural products within municipal limits. 10 A.L.R.3d 1226.

Validity of Zoning Regulations Prohibiting or Regulating Removal or Exploitation of Oil and Gas, Including Hydrofracking, 84 A.L.R.6th 133.

262.360. Board not to adopt land-use regulations before referendum.

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 held, and the board has considered the result of the referendum. The proposed regulations shall be embodied in a proposed ordinance.

History. 42i-9.

262.370. Notice of referendum — Form of question.

  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 state where copies of the proposed regulation may be examined.
  2. The question shall be submitted to the voters in the following form: “For approval of proposed ordinance No. . . . . . , prescribing land-use regulations for conservation of soil and prevention of erosion” and “Against approval of proposed ordinance No. . . . . . , prescribing land-use regulations for conservation of soil and prevention of erosion.” The voters shall be instructed to vote “yes” for one or the other of the propositions, as the voter may favor or oppose approval of the proposed regulation.

History. 42i-9: amend. Acts 1982, ch. 360, § 78, effective July 15, 1982.

262.380. Board to supervise referendum — Effect of informalities.

  1. The board shall supervise the referendum, prescribe appropriate regulations governing the conduct of the referendum and publish the result of the referendum. Only owners of lands within the district may vote in the referendum.
  2. No informalities in the conduct of the referendum or in any matters relating to the referendum shall invalidate the referendum or its result if notice of the referendum shall have been given substantially as provided in KRS 262.370 and the referendum has been fairly conducted.

History. 42i-9.

262.390. Votes necessary for approval — Effect of regulation.

  1. The board shall not enact a proposed land-use regulation into law unless at least ninety percent (90%) of the votes cast in the referendum have been cast for approval of the proposed regulation, and unless landowners voting to enact the proposed regulation own at least eighty percent (80%) of the land within the district.
  2. The approval of the regulation by ninety percent (90%) of the votes cast in the referendum shall not require the board to enact the proposed regulation into law.
  3. Land-use regulations, proposed after the board has determined that uncontrolled soil erosion on some lands within the district is causing damage to other lands within the district, and prescribed in regulations adopted by the board shall have the force and effect of law in the district.
  4. Land-use regulations apply to publicly owned lands, and shall be observed by agencies administering such lands.

History. 42i-9, 42i-14.

262.400. Regulations to be uniform in district — Classification of lands.

Land-use regulations shall be uniform throughout the district except that the board may classify the lands within the district with reference to such factors as soil type, degree of slope, threatened or existing degree of erosion, cropping and tillage practices in use, and other relevant factors. The board may provide regulations varying with the type or class of land affected, but uniform as to all lands within each class or type. Copies of land-use regulations adopted shall be printed and made available to all owners and occupiers of lands lying within the district.

History. 42i-9.

262.410. Amendment and repeal of regulations.

Any landowner within a district may at any time file a petition with the board asking that any or all of the land-use regulations prescribed in any ordinance adopted by the board shall be amended, supplemented or repealed. Land-use regulations shall not be amended, supplemented or repealed except in accordance with the procedure prescribed by KRS 262.350 to 262.390 for adoption of land-use regulations. Referendums on adoption, amendment, supplementation or repeal of land-use regulations shall not be held more often than once in six (6) months.

History. 42i-9.

262.420. Civil liability for violation of regulations — Right to enter lands.

  1. The board may provide by ordinance that any landowner or occupier who sustains damages from any violation of land-use regulations by another landowner or occupier may recover damages from the other landowner or occupier for the violation.
  2. The supervisors may go upon lands within the district to determine whether land-use regulations are being observed.

History. 42i-10.

262.430. Board may file petition to compel observance of land-use regulations.

  1. Where a board finds that any of the provisions of land-use regulations are not being observed on particular lands, and that the nonobservance tends to increase erosion on those lands and is interfering with the prevention or control of erosion on other lands within the district, the board may present to the Circuit Court of the county in which the lands of the defendant lie a verified petition setting forth the adoption of the ordinance prescribing land-use regulations, the failure of the defendant landowner or occupier to observe the regulations and to perform particular work, operations or avoidances as required by the regulations, and that such nonobservance tends to increase erosion on the lands and is interfering with the prevention or control of erosion on other lands within the district. In all cases where the person in possession of lands is not the owner, the owner of the lands shall be joined as party defendant. The petition shall pray the court to require the defendant to perform the work, operations or avoidances within a reasonable time and to order that if the defendant fails to perform the board may go on the land, perform the work or other operations, or otherwise bring the condition of the lands into conformity with the regulations, and recover the costs and expenses thereof, with interest, from the defendant.
  2. Upon the presentation of the petition, the court shall cause process to be issued against the defendant and shall hear the case. If it appears to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct, and report the evidence to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made.

History. 42i-11.

262.440. Court may require performance and may authorize board to do work.

The court may dismiss the petition filed under KRS 262.430 , or it may require the defendant to perform the work, operations or avoidances, and may provide that upon the failure of the defendant to initiate performance within the time specified in the order of the court and to prosecute the work to completion with reasonable diligence, the board may enter upon the lands involved and perform the work or operations or otherwise bring the condition of those lands into conformity with the regulations and recover the costs and expenses thereof, with interest at the rate of five percent (5%) per annum, from the defendant.

History. 42i-11.

262.450. Board may recover costs and expenses of performing work.

The court shall retain jurisdiction of the case until after the work required by the court under KRS 262.440 has been completed. Upon completion of the work pursuant to the order of the court the board may file a petition with the court, a copy of which shall be served upon the defendant in the case, stating the costs and expenses sustained by the board in the performance of the work and praying judgment for such costs and expenses, with interest. The court shall have jurisdiction to enter judgment for the amount of costs and expenses, with interest at the rate of five percent (5%) per annum until the costs and expenses are paid, together with the cost of the suit.

History. 42i-11.

262.460. Board of adjustment.

  1. A board that has adopted land-use regulations shall provide by ordinance for the establishment of a board of adjustment consisting of three (3) members, each to be appointed for a term of three (3) years, except that the members first appointed shall be appointed for terms of one (1), two (2) and three (3) years, respectively.
  2. The members of the board of adjustment shall be appointed by the commission, with the advice and approval of the board of the district for which the board of adjustment has been established.
  3. Members of the board of adjustment shall be removable, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason. The hearing shall be conducted jointly by the commission and the board of the district.
  4. Vacancies on the board of adjustment shall be filled in the same manner as original appointments, and shall be for the unexpired term.
  5. Members of the commission and the board shall be ineligible to appointment as members of the board of adjustment.

History. 42i-12.

262.470. Compensation of members of board of adjustment.

The members of the board of adjustment shall receive compensation for their services at the rate of five dollars ($5) per day for time spent on the work of the board of adjustment, in addition to expenses necessarily incurred in the discharge of their duties. The district board shall pay the necessary administrative and other expenses of operation incurred by the board of adjustment upon the certificate of the chairman of the board of adjustment.

History. 42i-12.

262.480. Meetings of board of adjustment — Chairman — Records.

  1. The board of adjustment shall adopt regulations to govern its procedures. The regulations shall be in accordance with this chapter and with any ordinance adopted pursuant to KRS 262.460 .
  2. The board of adjustment shall select a chairman from among its members, and may, from time to time, change the selection.
  3. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board of adjustment may determine. Any two (2) members of the board of adjustment shall constitute a quorum. The chairman, or in his absence such other member of the board of adjustment as he may designate to serve as acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public.
  4. The board of adjustment shall keep a full and accurate record of all proceedings, of all documents filed with it, and of all orders entered, which shall be filed in the office of the board of adjustment and shall be a public record.

History. 42i-12.

262.490. Landowner may petition for variance from regulations.

Any landowner or occupier may file a petition with the board of adjustment alleging that there are great practical difficulties or unnecessary hardship in the way of his carrying out upon his lands the strict letter of the land-use regulations and praying the board of adjustment to authorize a variance from the terms of the land-use regulations in the application of such regulations to the lands occupied by the petitioner. Copies of the petition shall be served by the petitioner upon the chairman of the board of the district and upon the chairman of the commission.

History. 42i-12.

262.500. Hearing before board of adjustment.

The board of adjustment shall fix a time for the hearing of the petition and cause due notice of the hearing to be given. The board of the district and the commission may appear and be heard at the hearing. Any owner or occupier of lands lying within the district who objects to the authorizing of the variance prayed for may intervene and become a party to the proceedings. Any party to the hearing before the board of adjustment may appear in person, by agent or by attorney.

History. 42i-12.

262.510. Board of adjustment may authorize variance.

If, upon the facts presented at the hearing, under KRS 262.500 , the board of adjustment determines that there are great practical difficulties or unnecessary hardship in the way of applying the strict letter of any of the land-use regulations upon the lands of the petitioner, it shall make and record that determination and make and record findings of fact as to the specific conditions which establish those great practical difficulties or unnecessary hardship. Upon the basis of such findings and determination, the board of adjustment may authorize such variance from the terms of the land-use regulations, in their application to the lands of the petitioner, as will relieve the great practical difficulties or unnecessary hardship and will not be contrary to the public interest. The variance shall be such that the spirit of the land-use regulations shall be observed, the public health, safety and welfare secured and substantial justice done.

History. 42i-12.

262.520. Appeal from board of adjustment.

Any petitioner who has been aggrieved by an order of the board of adjustment granting or denying, in whole or in part, the relief sought, or the board of the district or any intervening party may obtain a review of the order of the board of adjustment in the Circuit Court for the county within which the lands of the petitioner lie, by filing in that court a petition with a copy of the order complained of praying that the order of the board of adjustment be modified or set aside. When such a petition is filed with the clerk of the Circuit Court, he shall issue summons on that petition, directed to be served on the chairman of the board of the district. The practice and proceedings on any and all such petitions shall then be the same as that provided in the Kentucky Rules of Civil Procedure with the right of the parties to appeal to the Court of Appeals.

History. 42i-12: amend. Acts 1966, ch. 23, § 62.

262.525. Consolidation of districts.

  1. A petition for consolidating two (2) or more districts shall contain a unanimous resolution by each board of supervisors and filed with the commission requesting the mutual consolidation of these districts. The petition shall contain, as a minimum, the proposed name of the consolidated district, a description of the territory of the district, a statement that there is a need for the consolidation and that the consolidation is in the interest of each board of supervisors and the general public, and other information required by the commission. The commission may conduct public meetings and public hearings for the consideration of the petition.
  2. Within sixty (60) days after a petition for consolidation of two (2) or more districts has been received by the commission, it shall give due notice of the consolidation being considered and allow comments to be received for a minimum of thirty (30) days.
  3. The commission shall determine the feasibility of the petition to consolidate the districts, and if the commission determines that the consolidation is feasible, the commission shall certify that determination to each of the district boards involved in the request. In making that determination the commission shall give regard and weight to the attitudes of each board of supervisors, the attitudes of owners and occupiers of lands lying within the district, and other economic and social factors relevant to the determination.
  4. Upon receipt from the commission of a certification that the commission has determined that the consideration is feasible, the boards shall proceed to consolidate the affairs of the districts. The boards shall file a verified application with the Secretary of State for the dissolution of the existing districts and the establishment of a new consolidated district. The application shall state the proposed procedure, the seven (7) supervisors to remain on the newly-formed board appointed by the commission, and set forth a full accounting of all assets and resources consolidated from each district into the newly-formed district. The Secretary of State shall issue to the board a certificate of consolidation and shall record a copy of the certificate in his office.
  5. Application to the Secretary of State shall provide the following information:
    1. The name which is proposed for the new district;
    2. The land to be included in the new district; and
    3. The term of office of each of the supervisors to serve on the newly-formed board of supervisors.

History. Enact. Acts 1996, ch. 129, § 1, effective July 15, 1996.

262.530. Landowners may petition for discontinuance of district.

At any time after five (5) years from the organization of a district, twenty-five percent (25%) of the owners of land lying within the boundaries of the district may file a petition with the commission praying that the existence of the district be discontinued. The commission may conduct such public meetings and public hearings upon the petition for discontinuance as may be necessary to assist it in the consideration of it.

History. 42i-15: 1994, ch. 28, § 1, effective July 15, 1994.

262.540. Referendum on discontinuance — Form of question — Effect of informalities.

  1. Within sixty (60) days after a petition for discontinuance of a district has been received by the commission it shall give due notice of the holding of a referendum, supervise the referendum and issue appropriate regulations governing the conduct of the referendum.
  2. The question shall be submitted to the voters in the following form: “For terminating the existence of the  . . . . .  (name of the district)” and “Against terminating the existence of the  . . . . .  (name of the district).” The voters shall be instructed to vote “yes” for one or the other of the propositions, as the voter may favor or oppose discontinuance of the district. Only owners of lands lying within the boundaries of the district may vote in the referendum.
  3. No informalities in the conduct of the referendum or in any matters relating to the referendum shall invalidate it or its result if notice of the referendum shall have been given substantially as provided in subsection (1) and the referendum has been fairly conducted.

History. 42i-15: amend. Acts 1982, ch. 360, § 79, effective July 15, 1982.

262.550. Commission to determine feasibility of continuance of district.

  1. The commission shall publish the result of the referendum and shall determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible. If the commission determines that the continued operation of the district is administratively practicable and feasible, it shall record the determination and deny the petition. If the commission determines that the continued operation of the district is not administratively practicable and feasible, it shall record that determination and shall certify that determination to the board of the district. In making that determination the commission shall give regard and weight to the attitudes of the owners and occupiers of lands lying within the district, the number of landowners eligible to vote in the referendum who have voted, the proportion of the votes cast in the referendum in favor of the discontinuance of the district to the total number of votes cast, the approximate wealth and income of the landowners and occupiers of the district, the probable expense of carrying on erosion-control operations within the district and such other economic and social factors as are relevant to the determination.
  2. The commission shall not determine that the continued operation of the district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum have been cast in favor of the continuance of the district.

History. 42i-15.

262.560. Board to terminate affairs of discontinued district — Certification of discontinuance.

Upon receipt from the commission of a certification that the commission has determined that the continued operation of the district is not administratively practicable and feasible, the board shall forthwith proceed to terminate the affairs of the district. The board shall dispose of all property belonging to the district at public auction and shall pay the proceeds of the sale into the State Treasury. The board shall file a verified application with the Secretary of State for the discontinuance of the district, and shall transmit with the application the certificate of the commission setting forth the determination of the commission that the continued operation of the district is not administratively practicable and feasible. The application shall recite that the property of the district has been disposed of and the proceeds paid over as provided in this section, and shall set forth a full accounting of such properties and proceeds of the sale. The Secretary of State shall issue to the board a certificate of dissolution and shall record a copy of the certificate in his office.

History. 42i-15.

262.570. Effect of discontinuance.

Upon issuance of a certificate of dissolution under KRS 262.560 , all ordinances and regulations theretofore adopted and in force within those districts shall be of no further force and effect. All contracts theretofore entered into, to which the district is a party, shall remain in force and effect for the period provided in those contracts. The commission shall be substituted for the district as a party to such contracts. The commission shall be entitled to all benefits and subject to all duties and liabilities under such contracts which the board would have had. The dissolution shall not affect the lien of any judgment entered under KRS 262.440 or 262.450 , nor the pendency of any action instituted under KRS 262.430 , and the commission shall succeed to all the rights and obligations of the board as to those liens and actions.

History. 42i-15.

262.580. Discontinuance petition for same district limited to one in five years.

The commission shall not entertain petitions for the discontinuance of any district, conduct referendums upon petitions nor make determinations pursuant to such petitions in accordance with this chapter more often than once in five (5) years.

History. 42i-15.

262.590. State agencies and subdivisions to cooperate with district.

Agencies of this state which have jurisdiction over or are charged with the administration of, any state-owned lands, and of any governmental subdivision of the state which has jurisdiction over, or is charged with the administration of, any publicly-owned lands, lying within the boundaries of any district, shall cooperate to the fullest extent with the boards of those districts in the effectuation of programs and operations undertaken by the board under this chapter. The boards of such districts may, with consent of such agencies of this state, enter and perform work upon the publicly-owned lands.

History. 42i-14.

262.600. Districts may cooperate with one another.

The boards of any two (2) or more districts may cooperate with one another in the exercise of any or all powers conferred in this chapter.

History. 42i-13.

262.610. Acquisitions of equipment or infrastructure by Soil and Water Conservation Commission.

  1. The Soil and Water Conservation Commission as referred to in KRS Chapter 146, subject to the supervision of the commissioner of the Department for Natural Resources, to the restrictions provided in KRS 262.330KRS 262.610 to 262.660 , and to the requirements of KRS Chapters 42 and 45A, is hereby authorized to acquire and to make available, or to assist in acquiring or making available to soil and water conservation districts, heavy or specialized equipment or infrastructure which an individual district cannot itself economically obtain.
  2. When the commission acquires or makes available to any district the equipment or infrastructure above referred to, it shall require said district to fully amortize, in the form of rentals or payments, to the Division of Conservation, as referred to in KRS Chapter 146, any amount so expended by the commission for such assistance. The amount and method of amortization for each piece of heavy equipment or infrastructure shall be determined by the commission, subject to approval of the commissioner of the Department for Natural Resources. The amount and method of amortization for each piece of heavy or specialized equipment shall be determined on the basis of the lease or a rental fee to be charged by the district to the lessee or other user of equipment sufficient to:
    1. Fully amortize to the division the capital outlay for the machinery itself over the period of its reasonably anticipated full usefulness;
    2. Cover the cost of operation, maintenance and repairs;
    3. Pay the usual cost of providing an operator; and
    4. Compensate the district for the usual costs of transportation from one (1) job to another.
  3. In giving effect to all of the foregoing, the commission shall estimate the amount of time such equipment would ordinarily be idle.

HISTORY: Enact. Acts 1948, ch. 79; 1966, ch. 23, § 63; 1990, ch. 496, § 59, effective July 13, 1990; 2007, ch. 51, § 4, effective June 26, 2007; 2022 ch. 239, § 6, effective April 26, 2022.

Legislative Research Commission Notes.

(4/26/2022). The language in subsection (1) of this statute has been modified in codification from the way it was enacted in order to reflect the Governor’s line-item veto of 2022 House Bill 604 ( 2022 Ky. Acts ch. 239, sec. 6).

(6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

262.620. Title to equipment or infrastructure — Retention — Transfer to district.

The Division of Conservation shall retain title to each piece of heavy or specialized equipment or any infrastructure purchased and made available to any soil and water conservation district until such time as the soil and water conservation districts fully amortize the commission’s investment in the equipment or the infrastructure. If the soil and water conservation district purchases infrastructure with use of funds made available by the Division of Conservation for that purpose, then the Division of Conservation shall be listed on the deed to the property jointly with the district. After the commission’s investment in the equipment or infrastructure has been fully amortized, it is authorized and empowered to transfer the title thereto to the district. If the district has purchased infrastructure with funds made available by the Division of Conservation, the district shall consult with the division prior to the dispossession of the property.

History. Enact. Acts 1948, ch. 79; 1966, ch. 23, § 64; 2007, ch. 51, § 2, effective June 26, 2007.

Legislative Research Commission Note.

(6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

262.630. Public records to be kept on equipment and infrastructure — Accounts.

  1. Each soil and water conservation district which receives or uses the equipment referred to in KRS 262.610 shall maintain its public records to show for each piece of equipment:
    1. The hours same has worked on each job in each district;
    2. The amounts collected from each job in each district;
    3. The expense of repairing, moving, manning and other usual costs of operation; and
    4. The amount paid by each district for the purpose of amortizing the commission’s investment in the equipment.
  2. Each soil and water conservation district which leases or otherwise obtains a right of use of the infrastructure with the support of the Division of Conservation pursuant to KRS 262.610 shall maintain in public records a copy of the lease or other contract which provides the district a right of use of the infrastructure; and
    1. In the case of a purchase, the amount paid by each district for the purpose of amortizing the commission’s investment in the infrastructure; or
    2. In the case of lease without right of purchase or some other contractual arrangement or agreement, the payments made to the Division of Conservation for the right of use of the infrastructure.
  3. Each of the soil and water conservation districts shall send a duplicate copy of the records to the commission, who shall retain same in its files for public inspection.
  4. In addition thereto, the commission shall at all times maintain an account showing each piece of equipment, the title to which is vested in it, and any infrastructure, the title of which may be vested solely in the commission or jointly with the district, and the amount paid thereon by any soil and water conservation district, and the amount remaining to be amortized.

History. Enact. Acts 1948, ch. 79; 1966, ch. 23, § 65; 2007, ch. 51, § 3, effective June 26, 2007.

Legislative Research Commission Note.

(6/26/2007). Under the authority of KRS 7.136(1), the Reviser of Statutes in codification has changed the internal numbering system in this statute, inserting paragraph designations [(a), (b), (c), and (d)] in place of the subsection numbers [(1), (2), (3), and (4)] within subsection (1) of this section. The words in the text were not changed.

262.640. Monthly payment on loan or lease — Revolving fund.

The amount paid by any district to the division for amortization of a loan or for payment on a lease shall be made monthly. This amount shall be credited to a revolving fund and the costs of any new equipment or infrastructure shall be charged to the same account. Neither the appropriation herein made nor the revolving fund shall be used for any purpose other than to make available to soil and water conservation districts the equipment or infrastructure of the type referred to in KRS 262.610 .

History. Enact. Acts 1948, ch. 79; 1966, ch. 23, § 66; 2007, ch. 51, § 5, effective June 26, 2007.

Research References and Practice Aids

Cross-References.

Revolving, trust and agency funds, KRS 45.253 .

262.650. Districts may combine to acquire equipment or infrastructure.

Any two (2) or more soil and water conservation districts may combine with each other for the purpose of obtaining and using the specialized equipment or infrastructure referred to in KRS 262.610 , upon the terms and conditions set forth in KRS 262.610 to 262.660 .

History. Enact. Acts 1948, ch. 79; 1966, ch. 23, § 67; 2007, ch. 51, § 6, effective June 26, 2007.

262.660. Rules and regulations.

The commission, with the approval of the commissioner of the Department for Natural Resources, is hereby authorized to promulgate such other rules and regulations or methods of accounting as may be necessary or expedient to give effect to the purposes expressed in KRS 262.610 to 262.650 .

HISTORY: Enact. Acts 1948, ch. 79; 1966, ch. 23, § 68; 2022 ch. 239, § 7, effective April 26, 2022.

Legislative Research Commission Notes.

(4/26/2022). The language in this statute has been modified in codification from the way it was enacted in order to reflect the Governor’s line-item veto of 2022 House Bill 604 ( 2022 Ky. Acts ch. 239, sec. 7).

(6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

Water Conservation

262.670. Declaration of legislative policy and finding of fact. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 247, § 1) was repealed by Acts 1966, ch. 23, § 39.

262.675. Water resources study commission. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1958, ch. 149, §§ 1, 2) was repealed by Acts 1964, ch. 67, § 11.

262.680. Water as natural resource — Control and regulation — Exceptions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 247, § 2; 1962, ch. 167) was repealed by Acts 1966, ch. 23, § 39.

262.690. Rights of riparian owners to use of water — Impounding of water. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 247, § 3) was repealed by Acts 1966, ch. 23, § 39.

Watershed Conservancy Districts

262.700. Watershed conservancy districts — Formation — Purposes.

Subdistricts of a soil conservation district may be formed in a watershed area, as provided in KRS 262.700 to 262.795 , to be known as watershed conservancy districts, for the purpose of developing and executing plans and programs relating to any phase of conservation of water, water usage, flood prevention, flood control, erosion prevention and control of erosion, floodwater and sediment damages. As a subdistrict of a soil conservation district, a watershed conservancy district shall constitute a governmental subdivision of the state and a public body corporate and politic exercising public power.

History. Enact. Acts 1956, ch. 203, § 1; 1964, ch. 117, § 2; 1984, ch. 218, § 5, effective July 13, 1984.

Legislative Research Commission Note.

This section was amended by 1984 Acts Chapter 100, § 22, and 1984 Acts Chapter 218, § 5, which conflict and cannot be compiled together. Pursuant to KRS 446.250 , the amendment in Chapter 218, § 5 prevails as the later enactment.

NOTES TO DECISIONS

1.Creation of District.

Fact that property in proposed district was in military reservation and not subject to tax did not prevent creation of the district. Johnston v. Staples, 408 S.W.2d 206, 1966 Ky. LEXIS 90 ( Ky. 1966 ).

2.Condemnation Proceedings.

A watershed conservancy district is not a branch or instrumentality of state government so as to require it to proceed through the Department of Finance in all condemnation suits, pursuant to KRS 416.560(3); KRS 416.560(3) is applicable to agencies of the state which are under the direct supervision and control of the executive branch of state government. Fearin v. Fox Creek Valley Watershed Conservancy Dist., 667 S.W.2d 389, 1983 Ky. App. LEXIS 380 (Ky. Ct. App. 1983).

A district may condemn land for projects built without federal aid, and it was not necessary for the trial court to join any federal officials or to make a final determination on condemnee’s allegations concerning federal law where federal funds had not yet been made available to district, since it was irrelevant at that time whether the benefits outweighed the cost under the federal formula or whether the environmental impact statement then existed. Fearin v. Fox Creek Valley Watershed Conservancy Dist., 667 S.W.2d 389, 1983 Ky. App. LEXIS 380 (Ky. Ct. App. 1983).

Cited:

Forrester v. Terry, 357 S.W.2d 308, 1962 Ky. LEXIS 114 ( Ky. 1962 ); Shelton v. Webster County Soil Conservation Dist., 377 S.W.2d 81, 1964 Ky. LEXIS 482 ( Ky. 1964 ).

Opinions of Attorney General.

A watershed district has no authority to pay the county clerk a fee for putting it on the tax receipt. OAG 61-831 .

A watershed district is not authorized to pay the county clerk for putting it on the tax receipt. OAG 61-831 .

Recreational benefits to the public may result from the work of a watershed district but may not be the prime function of such a district. OAG 63-637 .

In view of the broad powers and purposes given to soil and water conservation districts by KRS 262.020 and the narrow scope of authority granted to watershed conservancy districts by KRS 262.700 through KRS 262.990 , it would appear that the former have stronger authority to employ engineers for the purpose of determining whether a specific proposed regional garbage disposal landfill will pollute the water of the watershed so as to interfere with existing water uses and to testify as to their findings in related legal proceedings. OAG 82-88 .

A watershed conservancy district, with its defined though limited powers of government, including the authority to tax, borrow money, issue bonds, purchase land and construct necessary structures, is a separate entity and not a department, instrumentality or agency of a city or county or of the commonwealth in the sense contemplated by KRS 416.560(1), (2) and (3). A watershed conservancy district may, therefore, initiate condemnation proceedings on its own behalf, since KRS 416.560(1), (2) and (3) have no application, assuming, of course, that the watershed conservancy district has received prior approval from the Board of Supervisors of the soil conservation district pursuant to KRS 262.745 . OAG 82-272 .

262.705. District area — Requirements of.

The land area embraced in such districts must be contiguous and must lie within a well defined watershed. The area shall not include lands located within the boundary of any incorporated city or town or lands not included within a soil and water conservation district, unless such lands are brought in the boundaries of a soil and water conservation district through the process of petition, hearing, and referendum as prescribed in KRS 262.100 , 262.110 , and 262.120 . The area shall not include lands embraced within another watershed conservancy district, but may include lands lying in one or more soil and water conservation districts.

History. Enact. Acts 1956, ch. 203, § 2; 1964, ch. 117, § 3; 1966, ch. 23, § 69.

NOTES TO DECISIONS

1.Construction.

This section in respect to outlining the area to be included in the district should be liberally construed to accomplish the objectives of water conservation and flood control. Forrester v. Terry, 357 S.W.2d 308, 1962 Ky. LEXIS 114 ( Ky. 1962 ).

2.Boundary Description.

Where area to be included in district was described as all lands lying within watershed of creek, excluding certain towns and villages, stating that the creek drainage area arose in a certain area and flowed in a certain direction and listed the amount of acres of the watershed that were in stated counties, the boundary and area of the district were defined with sufficient certainty. Forrester v. Terry, 357 S.W.2d 308, 1962 Ky. LEXIS 114 ( Ky. 1962 ).

Opinions of Attorney General.

If there has been a general enhancement of values in the district by reason of watershed improvement projects, this can be sufficient basis for the board of supervisors to determine that the land in question is benefited and should not be detached from the district. OAG 65-460 .

So long as real property that it is claimed is not benefited remains within the area of the watershed conservancy district and is not detached pursuant to KRS 262.785 , the board of directors must levy the annual tax on the property at an equal rate with all other real property within the district. OAG 65-460 .

Where a watershed conservancy district was established in 1957, but that district never levied taxes or otherwise became active, nevertheless it continues to exist as a public body corporate and must be dissolved under KRS 262.791 before a new district may be formed, unless the new district could be established under KRS 262.707 , since this section forbids an area in one such district from being embraced in a second such district. OAG 79-434 .

262.707. New district within an established district.

If it appears that contiguous territory within an established district would be better served by the organization of a separate district, a petition for withdrawal and formation of a new district may be filed with the board of supervisors by twenty-five (25) or more landowners, or a majority if less than fifty (50) landowners are involved. The petition shall define the boundary involved, state that all obligations to the district have been met, and contain such other information as is necessary for a determination of the feasibility or nonfeasibility of such withdrawal and reorganization. Filing of petition and further proceedings shall be governed by KRS 262.715 to 262.735 , as far as practicable.

History. Enact. Acts 1958, ch. 172, effective June 19, 1958.

Compiler’s Notes.

This section would have been repealed by Acts 1984, ch. 100, § 30, effective July 13, 1984. However, Acts 1984, ch. 218, § 8, which also took effect on that date, repealed the repealers contained in ch. 100; accordingly, this section remains in effect.

Legislative Research Commission Note.

This section was repealed by 1984 Acts Chapter 100, § 30. However, the repeal was abrogated by 1984 Acts Chapter 218 § 8, so the section remains in effect.

Opinions of Attorney General.

Where a watershed conservancy district was established in 1957, but that district never levied taxes or otherwise became active, nevertheless it continues to exist as a public body corporate and must be dissolved under KRS 262.791 before a new district may be formed, unless the new district could be established under this section, since KRS 262.705 forbids an area in one such district from being embraced in a second such district. OAG 79-434 .

262.710. Petition for formation — Contents — Filing.

When twenty-five (25) or more landowners within a proposed watershed conservancy district, or, if less than fifty (50) landowners are involved, a majority of the landowners in such proposed district, desire to form a watershed conservancy district, they shall file a petition with the board of supervisors of the soil conservation district. Such petition shall define the boundaries of the proposed district, the number of acres of land involved, reasons for requesting creation of such district, the proposed name for such watershed conservancy district, and other information pertinent to such proposal.

History. Enact. Acts 1956, ch. 203, § 3, effective May 18, 1956.

Compiler’s Notes.

This section would have been repealed by Acts 1984, ch. 100, § 30, effective July 13, 1984. However, Acts 1984, ch. 218, § 8, which also took effect on that date, repealed the repealers contained in ch. 100 relative to this section.

Legislative Research Commission Note.

This section was repealed by 1984 Acts Chapter 100, § 30. However, the repeal was abrogated by 1984 Acts Chapter 218, § 8, so the section remains in effect.

262.715. Formation of districts in areas involving more than one soil conservation district — Filing petition — Board of supervisors.

If the proposed watershed conservancy district lies in more than one soil conservation district, the petition may be presented to the board of supervisors of any one of such districts and the supervisors of all such districts shall act as a joint board of supervisors in the formation and supervision of such a watershed conservancy district except in the election of directors where each soil conservation district board of supervisors shall supervise the election, or appointments to fill vacancies, of directors to represent their district on the conservancy district board of directors.

History. Enact. Acts 1956, ch. 203, § 4; 1964, ch. 117, § 7.

Compiler’s Notes.

This section would have been repealed by Acts 1984, ch. 100, § 30, effective July 13, 1984. However, Acts 1984, ch. 218, § 8, which also took effect on that date, repealed the repealers contained in ch. 100 relative to this section.

Legislative Research Commission Note.

This section was repealed by 1984 Acts Chapter 100, § 30. However, the repeal was abrogated by 1984 Acts Chapter 218, § 8, so the section remains in effect.

262.720. Notice — Parties — Hearing — Determination — Proposed maximum budget.

  1. Within thirty (30) days after such petition has been filed with the board of supervisors, it shall cause due notice to be given as provided in KRS 262.010(4) of the hearing upon the practicability and feasibility of creating such subdistrict. All interested parties shall have the right to attend such hearing and be heard. If it shall appear at the hearing that other lands should be included or that lands included in the petition should be excluded, the board of supervisors may permit such inclusion or exclusion, provided the land area involved still meets the requirements of KRS 262.705 .
  2. If it appears upon the hearing that it may be desirable to include within the proposed district, territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of a further hearing shall be given throughout the entire area considered for inclusion in the district and a further hearing shall be held. After final hearing, if the board of supervisors determines, upon the facts presented at the hearing and upon other available information, that there is need, in the interest of the public health, safety and welfare for such a district to function in the territory considered, it shall make and record the determination and shall define, by metes and bounds, or by recognizable terrain features and description, the boundaries of the watershed district.
  3. If the board determines after the hearing that it is not feasible for such district to function in the territory considered, it shall make and record the determination and shall deny the petition.
  4. If the board determines that there is a need for a conservancy district, the board of supervisors shall establish a proposed maximum budget for the maintenance of the proposed conservancy district, to be funded either by millage or flat rate sufficient to meet the budget.

History. Enact. Acts 1956, ch. 203, § 5; 1964, ch. 117, § 8; 2000, ch. 120, § 1, effective July 14, 2000.

Compiler’s Notes.

This section would have been repealed by Acts 1984, ch. 100, § 30, effective July 13, 1984. However, Acts 1984, ch. 218, § 8, which also took effect on that date, repealed the repealers contained in ch. 100 relative to this section.

Legislative Research Commission Note.

This section was repealed by 1984 Acts Chapter 100, § 30. However, the repeal was abrogated by 1984 Acts Chapter 218, § 8, so the section remains in effect.

This section was repealed by 1984 Acts chapter 100, sec. 30. However, the repeal was abrogated by 1984 Acts Chapter 218, sec. 8, so the section remains in effect.

NOTES TO DECISIONS

Cited:

Forrester v. Terry, 357 S.W.2d 308, 1962 Ky. LEXIS 114 ( Ky. 1962 ).

262.725. Referendum — Notice — Polling officers.

After the board of supervisors has made and recorded a determination that there is need, in the interest of the public health, safety and welfare, for creation of the proposed watershed conservancy district, it shall consider the question whether the operation of a district within the proposed boundaries with the powers conferred upon such districts in KRS 262.745 is administratively practicable and feasible. To assist the board of supervisors in this determination, the board shall, within a reasonable time after entry of the finding that there is need for the organization of the district and the determination of the boundaries of the district, hold a referendum within the conservation district upon the proposition of the creation of the district to identify boundaries and give notification of funding options. Due notice of the referendum shall be given as provided in KRS 262.010(4). Such notice shall state the date of holding the referendum, the hours of opening and closing the polls, and shall designate one or more places within the proposed district as polling places. The board shall appoint a polling superintendent and other necessary polling officers giving equal representation to the proponents and opponents of the question involved.

History. Enact. Acts 1956, ch. 203, § 6, effective May 18, 1956; 2000, ch. 120, § 2, effective July 14, 2000.

Compiler’s Notes.

This section would have been repealed by Acts 1984, ch. 100, § 30, effective July 13, 1984. However, Acts 1984, ch. 218, § 8, which also took effect on that date, repealed the repealers contained in ch. 100 relative to this section.

Legislative Research Commission Note.

This section was repealed by 1984 Acts Chapter 100, § 30. However, the repeal was abrogated by 1984 Acts Chapter 218, § 8, so the section remains in effect.

This section was repealed by 1984 Acts chapter 100, sec. 30. However, the repeal was abrogated by 1984 Acts Chapter 218, sec. 8, so the section remains in effect.

NOTES TO DECISIONS

1.Election Contest.

Question as to insufficiency of the notices of the election and the form of the ballot can only be presented in an election contest under KRS 122.140 (repealed). Forrester v. Terry, 357 S.W.2d 308, 1962 Ky. LEXIS 114 ( Ky. 1962 ).

2.Defective Proceedings.

If the proceedings followed in establishing a conservancy district are so defective as to make them invalid, then the election is of no effect. Forrester v. Terry, 357 S.W.2d 308, 1962 Ky. LEXIS 114 ( Ky. 1962 ).

Opinions of Attorney General.

A watershed district election can be held at any time provided the notice requirements of KRS 262.010(4) are given, including the same time that the November general election is held but the watershed district election must be conducted entirely separate from the November general election. OAG 74-585 .

262.730. Question — Eligibility of voters — Absentee voting.

The question to be voted on shall be submitted in the following form:

“For the creation of . . . . . Watershed Conservancy District”

“Against the creation of . . . . . Watershed Conservancy District”

The voters shall be instructed to vote “yes” on one or the other of the propositions, as the voter may favor or oppose creation of the district. The boundaries of the proposed district as determined by the board of supervisors shall be set forth. Only owners of lands lying within the boundaries of the territory shall be eligible to vote in the referendum. Qualified voters may vote by absentee vote in such referendum under rules set out in KRS Chapter 117.

History. Enact. Acts 1956, ch. 203, § 7; 1964, ch. 117, § 9; 1966, ch. 23, § 70; 1980, ch. 188, § 237, effective July 15, 1980; 1982, ch. 360, § 80, effective July 15, 1982.

Compiler’s Notes.

This section would have been repealed by Acts 1984, ch. 100, § 30, effective July 13, 1984. However, Acts 1984, ch. 218, § 8, which also took effect on that date, repealed the repeal contained in ch. 100; accordingly, this section remains in effect.

Legislative Research Commission Note.

This section was repealed by 1984 Acts Chapter 100, § 30. However, the repeal was abrogated by 1984 Acts Chapter 218, § 8, so the section remains in effect.

NOTES TO DECISIONS

Cited:

Woolsley v. Big Reedy Creek Watershed, 383 S.W.2d 135, 1964 Ky. LEXIS 17 ( Ky. 1964 ).

262.735. Tabulation of votes — Certification — Filing.

The votes shall be counted by the election officers at the close of the polls and report of the results, along with the votes which have been cast, delivered to the polling superintendent, who shall certify the results to the board of supervisors. If a majority of the votes cast favor creation of the district, the board of supervisors shall certify such results to the county clerk in the county or counties involved. Upon proper recording of such action such watershed conservancy district shall be duly created. After recording, the certification shall be filed with the State Soil Conservation Commission.

History. Enact. Acts 1956, ch. 203, § 8, effective May 18, 1956; 1978, ch. 384, § 386, effective June 17, 1978; 1982, ch. 360, § 81, effective July 15, 1982.

Compiler’s Notes.

This section would have been repealed by Acts 1984, ch. 100, § 30, effective July 13, 1984. However, Acts 1984, ch. 218, § 8, which also took effect on that date, repealed the repeal contained in ch. 100; accordingly, this section remains in effect.

Legislative Research Commission Note.

This section was repealed by 1984 Acts Chapter 100, § 30. However, the repeal was abrogated by 1984 Acts Chapter 218, § 8, so the section remains in effect.

262.740. Board of directors — Election — Membership — Terms — Officers — Bond of treasurer — Nomination petitions — Qualification of members — Removal of directors.

  1. Within thirty (30) days after a watershed conservancy district is created, nominating petitions may be filed with the board of supervisors for the election of a board of directors consisting of five (5) members, who shall hold office for a term of four (4) years, or until a successor is qualified. Such board of directors shall, under the supervision of the board of supervisors, be the governing body of the watershed conservancy district. The board of supervisors shall give due notice of the election of directors and shall, as nearly as practicable, conduct the election in the manner prescribed by KRS 262.220 .
  2. If the territory embraced within a watershed conservancy district lies within more than one (1) soil and water conservation district, each of said additional districts with minority of the land involved in the watershed shall be entitled to elect three (3) additional directors.
  3. The board of directors shall annually elect from its membership a chairman, secretary, and treasurer. The treasurer shall execute an official bond for the faithful performance of the duties of his office to be approved by the board of directors. Such bond shall be executed with at least three (3) solvent personal sureties whose solvency must exceed the amount of the bond, or by a surety company authorized to do business in this state, and shall be in an amount determined by the board of directors. If the treasurer is required to execute a surety company bond, the premium on the bond shall be paid by the board of directors.
  4. Each person desiring to be a director of a watershed conservancy district shall file a nominating petition with the board of supervisors of the county in which he is a landowner and legal resident, signed by twenty-five (25) or more landowners within the watershed conservancy district of the county involved, or, if less than fifty (50) landowners are involved a majority of such landowners. Nominating petitions for the election of any director following the first election of members of the board after creation of the district shall be filed with the board of supervisors not less than forty-five (45) days prior to the day of the regular election. If the candidates nominated do not exceed the positions available, they shall be declared elected. No person shall be eligible to be a director of a watershed conservancy district who is not a landowner within the watershed and resident of the county in which the watershed is located.
  5. A director who has been declared elected without an election pursuant to subsection (4) of this section may be removed from office by the board of supervisors as provided by KRS 65.007 for removal of an appointed member of the governing body of a special district.

History. Enact. Acts 1956, ch. 203, § 9; 1962, ch. 27; 1964, ch. 117, § 4; 1966, ch. 23, § 71; 1980, ch. 18, § 23, effective July 15, 1980.

262.742. Vacancy on board of directors.

A vacancy on the board of directors of a watershed conservancy district shall be filled by the board of supervisors.

History. Enact. Acts 1960, ch. 96, § 3, effective June 16, 1960.

262.745. Powers of board of directors.

Subject to the approval of the board of supervisors, the board of directors of a watershed conservancy district shall have power to:

  1. Levy an annual tax on the real property within the district within the limitations provided in KRS 262.760 for administration, construction, operation and maintenance of works of improvement within the district.
  2. Acquire by purchase, gift, grant, bequest, devise, or through condemnation proceedings in the manner provided in the Eminent Domain Act of Kentucky, the fee simple title or any lesser interest in land including easements and flowage rights as are necessary for the exercise of any authorized function of the district, and for such purpose, may cause examinations and surveys to be made of any lands, easements or rights-of-way necessary for the performance of any authorized function of the district.
  3. Construct, improve, operate and maintain such structures as may be necessary for the performance of any function authorized by KRS 262.700 to 262.795 .
  4. Borrow such money as is necessary for the purpose of acquiring lands or rights-of-way and establishing, constructing, reconstructing, repairing, enlarging and maintaining such structures and improvements as are required by the district in the performance of its functions, and issue, negotiate and sell its bonds as provided in KRS 262.750 .

History. Enact. Acts 1956, ch. 203, § 10; 1960, ch. 96, § 1; 1964, ch. 117, § 5; 1966, ch. 23, § 72; 1976, ch. 140, § 98.

Compiler’s Notes.

The Eminent Domain Act of Kentucky referred to in subsection (2) of this section is compiled as KRS 416.540 to 416.680 .

Opinions of Attorney General.

Although recreational development cannot be the prime purpose of a watershed conservancy district, revenue bonds issued by the district could be retired from the receipts derived from recreational facilities used by the public. OAG 63-637 .

A watershed conservancy district exercising condemnation power under this section does not by such condemnation acquire fee simple title but only an easement to make use of such land as may be necessary for purposes of the particular project. OAG 63-637 .

Revenue bonds issued by a watershed conservancy district pursuant to KRS ch. 58 would not require a referendum before they can be issued, since they do not constitute an indebtedness of the political subdivision under KRS 58.040 . OAG 63-637 .

Where a tax was levied on all the property within a watershed conservancy district but inadvertently was not collected from one section, an increased tax could not subsequently be applied to that one section to make up the difference without applying the increased tax to all sections within the district. OAG 64-865 .

A watershed conservancy district has power to purchase only such land or interests in land as are necessary for an authorized function of the district. OAG 67-305 .

A watershed conservancy district may continue the production of allotment or feed grain crops on excess land acquired in connection with its projects. OAG 67-305 .

Where the portion of land or easement required by a district may be as costly as acquiring the entire tract, then the district may acquire more land than is absolutely necessary for the project, and then resell the excess land to an individual. OAG 67-305 .

The court may not elect to follow the alternative procedure in KRS 94.680 to 94.720 (now repealed) simply because a watershed conservancy district does not want possession until the court determination of the final award. OAG 67-409 .

When a condemnation petition is filed by a watershed conservancy district it is mandatory upon the court to enter the interlocutory judgment, provided all the statutory requirements have been met. OAG 67-409 .

An interstate cooperative agreement could legally provide that the Tennessee watershed district would acquire such easements or flowage rights on Tennessee lands from Tennessee landowners whose lands might be flooded as a result of the construction and operation of two Kentucky dams, subject to the Tennessee district’s being reimbursed, by the Kentucky district, for its expenses in acquiring, recording and transferring such rights to the Kentucky district if such agreement complied with the requirements of KRS 65.250 , 65.260 and 65.290 . OAG 69-204 .

This section and Ky. Const., § 180 would not permit the expenditure of a Kentucky watershed conservancy district’s tax moneys for the acquisition of Tennessee lands for the purpose of building a floodwater retarding structure in Tennessee. OAG 69-204 .

Since the legislature, by this section, granted a watershed conservancy district condemnation power authorizing such districts to condemn land in the same manner as municipal corporations are permitted under subsection (2) of KRS 416.115 (repealed), it is apparent that it did not consider such districts to be municipal corporations under the terms of KRS 416.115 (repealed). OAG 70-517 .

A watershed conservancy district, as a governmental subdivision, is a unit of limited authority and may exercise only such power as the legislature has expressly or by necessary implication conferred upon it. OAG 71-129 .

A watershed conservancy district has no express power to sell surplus real estate. OAG 71-129 .

Sale of surplus real estate by a watershed conservancy district, in the absence of court judgment or order, would inevitably suffer an attendant title risk. OAG 71-129 .

Fee simple title should be acquired where necessary and where the nature and length of time of water coverage demand. OAG 72-448 .

The specific naming of the acquisition options in subsection (2) of this section was not designed to allow arbitary choice. OAG 72-448 .

Inasmuch as this section does not permit the issuance of bonds on a year-by-year basis, the board of directors of a watershed conservancy district could not submit a proposed bond issue adequate to meet the maintenance needs of the district over a period of 25 years where sufficient bonds would be sold each year to cover the maintenance costs for that particular year. OAG 77-610 .

Administrative action to enforce a tax lien created by KRS 134.420 on soil and water conservation district taxes is the responsibility of the board of directors of the watershed conservancy district under this section. OAG 81-112 .

A watershed conservancy district, with its defined though limited powers of government, including the authority to tax, borrow money, issue bonds, purchase land and construct necessary structures, is a separate entity and not a department, instrumentality or agency of a city or county or of the commonwealth in the sense contemplated by KRS 416.560(1), (2) and (3). A watershed conservancy district may, therefore, initiate condemnation proceedings on its own behalf, since KRS 416.560(1), (2) and (3) have no application, assuming, of course, that the watershed conservancy district has received prior approval from the Board of Supervisors of the soil conservation district pursuant to this section. OAG 82-272 .

The board of directors of a watershed conservancy district could apply to the fiscal court of the county for the necessary easement or flowage right to permit the flooding from time to time, at very infrequent times of heavy rains, of a certain portion of a county road and the fiscal court had the authority to execute an instrument of easement or flowage right covering such situation, as applicable to the specifically designated right-of-way of the subject county road. Moreover, in view of the authority and responsibility of the watershed conservancy district under subsection (2) of this section, such district would be required to acquire the easement or flowage right, or otherwise, necessary when private property holders’ lands would be likewise flooded in such situation. OAG 82-540 .

262.748. Resolution for maintenance and operation of project — Notice — Hearing — Election — Assessment.

  1. Upon determination by the board of directors of a watershed conservancy district that the improvement, continuing operation, or maintenance of a watershed project is necessary, the board of directors may adopt a resolution which shall set out:
    1. A list of the benefited lands located in the flood plain, as determined by the board of directors, giving the acreage of such lands and the names of the owners thereof as defined by KRS 262.010(7) with a classification of such lands or parts thereof into classes in order that assessments may be made according to direct benefits; and
    2. The annual assessments to be levied upon the lands set out in the resolution on the basis of a certain amount per acre according to benefits received, not to exceed in any one (1) year a sum per acre specified in the resolution.
  2. The board of directors shall cause due notice of the resolution to be given to all the owners of benefited lands, as determined by the board. Said notice shall set out the time and place of a meeting of the board of directors of the watershed conservancy district at which owners of benefited lands who may be liable for the annual assessments may be heard.
  3. At the hearing upon the resolution, owners of benefited lands may voice their views concerning the proposal as to whether it should be undertaken, and the scope thereof, or the degree of benefit received by their lands. The board shall prepare a record summarizing the proceedings. If the board of directors determines as a result of the hearing that the proposal should be carried out as planned, it may make such changes or revisions in the resolution as it deems proper and shall give due notice of an election to be held at which benefited landowners may vote on the question of annual special assessments to defray the cost. The notice of the election shall include the text of the resolution of the board in its final form. The board of directors may give due notice as provided in KRS 262.010(4).
  4. The board of directors shall prepare the following question to be presented to the voters: “Should the assessment for improvement, continuing operation, or maintenance proposed by resolution of the . . . . . . . . . . . . . . . . . . . Watershed Conservancy District be adopted?” Voters shall be instructed to vote “yes” or “no” on the proposition. Only owners of benefited land as set out in the resolution shall be eligible to vote. The board of directors may provide for a meeting of the landowners at which the vote may be cast, in which case qualified voters may vote by absentee vote. The board shall appoint a polling superintendent and other necessary election officers, giving representation to the opponents of the question as well as to proponents.
  5. If a majority of those voting upon the proposition favor the assessment the board shall give due notice of the vote. Any owner of property to be benefited by the project may, within forty (40) days after publication of such notice, file an action in the Circuit Court of the county in which his lands are located seeking relief by declaratory judgment or injunction. If a suit is filed, the county attorney shall represent the board of directors in upholding the validity of the proposed assessment. After the lapse of time specified herein all actions by owners of properties to be benefited shall be forever barred.
  6. If no suit is filed and no injunction issued within the time allowed in subsection (5) of this section, the board of directors shall levy annual assessments effective only upon the benefited properties and based on the acreage thereof. The annual assessment shall be made by the board of directors at the same time and in the same manner as provided in KRS 262.765 for taxes generally and shall be collected as provided in KRS 262.770 . The assessments shall constitute liens against the land benefited and shall attach to the land, taking precedence over all other liens except state, county and municipal taxes and prior improvement assessments.

History. Enact. Acts 1978, ch. 332, § 13, effective June 17, 1978; 1982, ch. 360, § 82, effective July 15, 1982; 2007, ch. 51, § 7, effective June 26, 2007.

Opinions of Attorney General.

It is apparent that a watershed conservancy district can now provide by the procedures set out in the statute annual assessments to maintain, operate and provide for improvements to the districts and the lands involved in the district. OAG 78-561 .

262.750. Bonds.

  1. Bonds authorized by KRS 262.745 shall not be issued until proposed by order or resolution of the board of directors, specifying the purpose for which the funds are to be used and the proposed undertaking, the amount of bonds to be issued, the rate of interest they are to bear and the amount of any necessary tax levy authorized in KRS 262.760 to establish a sinking fund for the liquidation of bonds as provided in KRS 262.760 . Copy of the order or resolution shall be certified to the board of supervisors.
  2. The board of supervisors shall conduct a hearing on such proposal after notice given pursuant to KRS 262.010(4). If it appears that the proposal is within the scope and purpose of KRS 262.700 to 262.795 and meets all other requirements of the law, the proposal shall be submitted to the landowners of the district by referendum under supervision of the board of supervisors.
  3. Provisions of KRS 262.725 , 262.730 and 262.740 as to notice, qualifications of voters, absentee voting and manner of holding referendum election in organizing a watershed conservancy district shall apply to the referendum held under this section.
  4. If the landowners voting favor the proposal, subject to the provisions of KRS Chapter 66, the bonds may be issued.

History. Enact. Acts 1956, ch. 203, § 11, effective May 18, 1956; 1978, ch. 332, § 14, effective June 17, 1978; 1984, ch. 218, § 6, effective July 13, 1984; 1996, ch. 280, § 25, effective July 15, 1996.

Legislative Research Commission Note.

This section was amended by 1984 Acts Chapter 100, § 23, and 1984 Acts Chapter 218, § 6, which are in conflict and cannot be compiled together. Pursuant to KRS 446.250 , the amendment in Chapter 218, § 6 prevails as the later amendment.

NOTES TO DECISIONS

1.Feasibility of Plan.

Assertion that plan for watershed conservancy district was not feasible since it would cost more than could be financed through the tax authorized by KRS 262.760 , had no merit as it overlooked the fact that under this section bonds may be issued and the necessary tax levied to retire the bonds upon a referendum. Woolsley v. Big Reedy Creek Watershed, 383 S.W.2d 135, 1964 Ky. LEXIS 17 ( Ky. 1964 ).

Opinions of Attorney General.

Although recreational development cannot be the prime purpose of a watershed conservancy district, revenue bonds issued by the district could be retired from the receipts derived from recreational facilities used by the public. OAG 63-637 .

Revenue bonds issued by a watershed conservancy district pursuant to KRS ch. 58 would not require a referendum before they can be issued, since they do not constitute an indebtedness of the political subdivision under KRS 58.040 . OAG 63-637 .

262.755. Compensation of members of board of directors — Expenses.

Members of the board of directors shall receive no salaries, but such members may be reimbursed for actual and necessary expenditures incurred in the performance of their duties, or may be paid a per diem for attending meetings, as approved by the board of supervisors.

History. Enact. Acts 1956, ch. 203, § 12, effective May 18, 1956; 1996, ch. 230, § 1, effective July 15, 1996.

262.760. Annual budget.

Within the first quarter of each calendar year, the board of directors shall prepare an itemized budget of the funds needed for administration, construction, operation and maintenance of works of improvement. After approval of such budget by the board of supervisors, the board of directors shall, by order or resolution, levy a tax sufficient to meet such budget, either by millage rate or per acre rate. A copy of such budget and order or resolution shall be certified to the county clerk of the county or counties involved, and shall be submitted to the Department for Local Government as provided in KRS 65A.020 .

History. Enact. Acts 1956, ch. 203, § 13, effective May 18, 1956; 1978, ch. 332, § 12, effective June 17, 1978; 2000, ch. 120, § 3, effective July 14, 2000; 2013, ch. 40, § 73, effective March 21, 2013.

NOTES TO DECISIONS

1.Constitutionality.

KRS 262.700 to 262.795 was not unconstitutional under Ky. Const., § 2 on the ground that there was no redress or right of appeal from the arbitrary or capricious action by the officers of the district with respect to the inclusion or detachment of property upon which taxes may be levied and to the rate of such tax, since the assessment for development and support of the district is to be made by the county tax commissioners as equalized by the department of revenue and ample remedies for over assessment are made available by the statutes relative thereto. Forrester v. Terry, 357 S.W.2d 308, 1962 Ky. LEXIS 114 ( Ky. 1962 ).

2.Creation of District.

Fact that property in proposed district was in military reservation and not subject to tax, did not prevent creation of district. Johnston v. Staples, 408 S.W.2d 206, 1966 Ky. LEXIS 90 ( Ky. 1966 ).

3.Property Taxes.

The legislative intent is to tax only property which is subject to tax and not that all property within a watershed district shall be taxed. Johnston v. Staples, 408 S.W.2d 206, 1966 Ky. LEXIS 90 ( Ky. 1966 ).

Cited:

Woolsley v. Big Reedy Creek Watershed, 383 S.W.2d 135, 1964 Ky. LEXIS 17 ( Ky. 1964 ).

Opinions of Attorney General.

The board of directors has discretion as to the amount of the tax but not as to what property will be taxed. OAG 62-444 .

The debt of a watershed conservancy district created by judgment of the circuit court in a reverse condemnation proceeding could perhaps be satisfied by an additional tax levy in excess of the maximum rate set out in Ky. Const., § 157 and this section. OAG 63-995 .

Where a tax was levied on all the property within a watershed conservancy district but inadvertently was not collected from one section, an increased tax could not subsequently be applied to that one section to make up the difference without applying the increased tax to all sections within the district. OAG 64-865 .

So long as real property that is allegedly not benefited remains within the area of the watershed conservancy district and is not detached pursuant to KRS 262.785 , the board of directors must levy the annual tax on the property at an equal rate with all other real property within the district. OAG 65-460 .

It is apparent that a watershed conservancy district can now provide by the procedures set out in the statute annual assessments to maintain, operate and provide for improvements to the districts and the lands involved in the district. OAG 78-561 .

262.763. Audit of accounts — Report of accountant — Compliance with KRS 65A.010 to 65A.090.

    1. For fiscal periods ending prior to July 1, 2014, an audit of the accounts of each watershed conservancy district shall take place once every four (4) years unless the district receives or expends seven hundred fifty thousand dollars ($750,000) or more in any year, in which case the district shall provide for the performance of an annual audit. The audit shall be conducted in accordance with audit standards and requirements stipulated in KRS 65.065(5). The board of directors of each watershed conservancy district shall select to make the audit certified public accountants who have no personal interest in the financial affairs of the board of directors or in any of its officers or employees.
    2. For fiscal periods beginning on and after July 1, 2015, the provisions of KRS 65A.030 shall apply to the audit of accounts of each watershed conservancy district.
  1. Immediately upon completion of each audit, the accountant shall prepare a report of his findings and recommendations. This report shall be to the board of directors and in such number of copies as specified by the board of directors. The actual expense of any audit authorized under this section shall be borne by the watershed conservancy district.
  2. The board of directors shall comply with the provisions of KRS 65A.010 to 65A.090 .

History. Enact. Acts 1974, ch. 152, § 1; 2000, ch. 120, § 4, effective July 14, 2000; 2007, ch. 114, § 3, effective June 26, 2007; 2013, ch. 40, § 74, effective March 21, 2013.

262.765. Assessment of taxes — Tax rolls — Tax bills.

  1. The board of directors of a watershed conservancy district shall prepare and furnish to the property valuation administrator by January 1 each year a list of the landowners in each county involved showing the real property subject to assessment, and the property valuation administrator of the county or counties involved shall indicate, for the use of the clerk, such information on the tax rolls. The list furnished the property valuation administrator by the board of directors shall: list the landowners in alphabetical order by taxing districts as shown on the previous year’s tax roll, list the total acreage and the acreage in the watershed conservancy district owned by each landowner, and show that part of the previous year’s assessment attributable to real property within the watershed conservancy district on those parcels which are not entirely within the district.
  2. When the property tax rolls are delivered to the county clerk by the property valuation administrator, as required by law, the county clerk shall compute the tax due the district from each landowner in accordance with the rate fixed by the board of directors and the value or acreage of the real property indicated on the tax roll. The computation shall be made on the regular tax bills in such manner as may be directed by regulation of the Department of Revenue.

History. Enact. Acts 1956, ch. 203, § 14; 1960, ch. 96, § 2; 1974, ch. 308, § 46; 1978, ch. 384, § 387, effective June 17, 1978; 2000, ch. 120, § 5, effective July 14, 2000; 2005, ch. 85, § 667, effective June 20, 2005.

NOTES TO DECISIONS

1.Constitutionality.

KRS 262.700 to 262.795 was not unconstitutional under Ky. Const., § 2 on the ground that there was no redress or right of appeal from the arbitrary or capricious action by the officers of the district with respect to the inclusion or detachment of property upon which taxes may be levied and to the rate of such tax, since the assessment for development and support of the district is to be made by the county tax commissioners as equalized by the department of revenue and ample remedies for over assessment are made available by the statutes relative thereto. Forrester v. Terry, 357 S.W.2d 308, 1962 Ky. LEXIS 114 ( Ky. 1962 ).

Opinions of Attorney General.

Where the list furnished the county tax commissioner on April 6 included only those persons owning land in the watershed conservancy district as of January 1, the tax commissioner had a duty to place such property on the tax roll and the county clerk had a duty to calculate the tax due the district on such property in accordance with the rate fixed by the board of directors. OAG 61-597 .

The requirement that the list of landowners in the watershed conservancy district be furnished by January 1 is directory and not mandatory. OAG 61-597 .

A watershed district has no authority to pay the county clerk a fee for putting it on the tax receipt. OAG 61-831 .

Where a tax was levied on all the property within a watershed conservancy district but inadvertently was not collected from one section, an increased tax could not subsequently be applied to that one section to make up the difference without applying the increased tax to all sections within the district. OAG 64-865 .

A deputy in a county clerk’s office cannot copy the property valuation administrator assessment and turn it over to the conservancy district based on her opinion of the assessment in the district and have it used for the following years’ district assessment, since the assessment of the property within the district is by law the responsibility of the property valuation administrator. OAG 79-328 .

Neither a county clerk nor a county fiscal court has any duty to question a rate set by a watershed district; it is the responsibility of the members of the board of directors of a watershed conservancy district to set the rate in accordance with applicable statutes. OAG 79-531 .

262.770. Collection of taxes — Discounts — Penalties — Interest.

  1. The sheriff shall collect the taxes due the district at the same time and in the same manner in which he collects the state and county ad valorem tax and shall in like manner report to the county judge/executive, and make his annual and final settlement with the fiscal court of the county or counties involved. He shall be allowed a fee not to exceed four percent (4%) for collection of this tax.
  2. Such taxes shall be subject to the same due and delinquency date, discounts, penalties, and interest as are applied to the collection of ad valorem taxes.

History. Enact. Acts 1956, ch. 203, § 15, effective May 18, 1956; 1978, ch. 384, § 388, effective June 17, 1978.

Opinions of Attorney General.

A watershed district has no authority to pay the county clerk a fee for putting it on the tax receipt. OAG 61-831 .

The county sheriff is authorized under this section to pursue delinquent soil and water conservation district taxes just as he would in the case of delinquent state and county taxes, including advertising the sale of delinquent tax claims under former KRS 134.440 (now repealed), since these taxes are considered county taxes under KRS 262.200 . OAG 81-112 .

262.775. Tax funds — Custody — Disbursement.

Tax funds collected shall be transferred to and held by the treasurer of the watershed conservancy district for the specific purpose for which they have been collected. All expenditures of such funds shall be made by the board of directors upon order of the board.

History. Enact. Acts 1956, ch. 203, § 16; 1964, ch. 117, § 10.

262.776. Definitions for KRS 262.776 to 262.779.

As used in KRS 262.776 to 262.779 :

  1. “Project” means the acquisition by a watershed conservancy district of easements, rights-of-way, or land by purchase or condemnation in order to enable the district to construct and maintain flood control structures or institute other beneficial flood control measures.
  2. “Cost” means the cost of land, easements, or rights-of-way necessary for a project, and every expense connected with a project and accompanying bond issues, including engineers’ fees, attorney fees, publication of resolutions and notices, printing of bonds, interest which will accrue on the bonds until the due date of the first annual assessment levied in connection therewith the fee of a fiscal agent for advice as to the preparation and marketing of the bonds, and other costs of financing, as well as reasonable allowance for unforeseen contingencies.
  3. “Benefited land” means land located within a flood plain area, as determined by the board of directors of a watershed conservancy district, which will derive direct benefits from a flood control project of the district.

History. Enact. Acts 1964, ch. 116, § 1.

262.777. Special assessment and bonds issued.

A special assessment may be voted and bonds issued which shall be payable solely from the collection of such assessments, as provided in KRS 262.778 and 262.779 .

History. Enact. Acts 1964, ch. 116, § 2; 1966, ch. 23, § 73; 1978, ch. 332, § 15, effective June 17, 1978.

Opinions of Attorney General.

The special assessment tax authorized by this section may be levied even though the district has not levied a general tax pursuant to KRS 262.745(1) and 262.760 . OAG 67-49 .

A conservancy district could not pay its maintenance bills from the assessment, for the assessments were designed only for the funding of a bond issue. OAG 77-325 .

This section does not contemplate that an assessment will be used to build up substantial surpluses, for the assessment must be such that it will retire the bond issue over a period of time. OAG 77-325 .

262.778. Resolution for project — Notice, hearing — Election — Declaratory judgment or injunction suit, time for — Issuance of bonds — Levy.

  1. Upon determination by the board of directors of a watershed conservancy district that a watershed project is necessary, and upon approval of the plans for same by the board of supervisors, the board of directors shall adopt a resolution which shall set out:
    1. A description of the project in general terms;
    2. A list of the benefited lands located in the flood plain, as determined by the board of directors, giving the acreage of such lands and the names of the owners thereof as defined by KRS 262.010(7) with a classification of such lands or parts thereof into classes in order that assessments may be made according to direct benefits;
    3. The total cost of the project; and
    4. The fact that the cost shall be met by a bond issue payable solely from annual assessments to be levied upon the lands set out in the resolution on the basis of a certain amount per acre according to benefits received, not to exceed in any one (1) year a sum per acre specified in the resolution, with the annual assessments to extend over a period of years specified in the resolution not to exceed thirty (30) years.
  2. The board of directors shall cause due notice of the resolution to be given to all the owners of benefited lands, as determined by the board. Said notice shall set out the time and place of a meeting of the board of directors of the watershed conservancy district at which owners of benefited lands who may be liable for the annual assessments may be heard.
  3. At the hearing upon the resolution, owners of benefited lands may voice their views concerning the proposed project as to whether said project should be undertaken, and the scope thereof, or the propriety of placing their lands in the project area or the degree of benefit received by their lands. The board shall prepare a record summarizing the proceedings. If the board of directors determines as a result of the hearing that the project should be carried out as planned, it may make such changes or revisions in the resolution as it deems proper and shall give due notice of an election to be held at which benefited landowners may vote on the question of annual special assessments to defray the cost of the project. The notice of the election shall include the text of the resolution of the board in its final form. The board of directors may give due notice as provided in KRS 262.010(4).
  4. The board of directors shall prepare to be presented to the voters the question: “Should the assessment proposed by resolution of the  . . . . . . . . . . . . . . . . . . . Watershed Conservancy District be adopted?”. Voters shall be instructed to vote “yes” or “no.” Only owners of benefited land as set out in the resolution shall be eligible to vote. The board of directors may provide for a meeting of the landowners at which the vote may be cast, in which case qualified voters may vote by absentee vote. The board shall appoint a polling superintendent and other necessary election officers, giving representation to the opponents of the question as well as to proponents.
  5. If a majority of those voting upon the proposition favor the assessment, the board shall give due notice of the vote and the fact that bonds will forthwith be issued payable from special assessments. Any owner of property to be benefited by the project may, within forty (40) days after publication of such notice, file an action in the Circuit Court of the county in which his lands are located seeking relief by declaratory judgment or injunction. If a suit is filed, the county attorney should represent the board of directors in upholding the validity of the proposed bond issue. After the lapse of time specified herein, all actions by owners of properties to be benefited shall be forever barred.
  6. If no suit is filed and no injunction issued within the time allowed in subsection (5) of this section, the board of directors shall by resolution authorize the issuance of bonds designated “watershed project assessment bonds,” determining the principal amount thereof and establishing the denominations and maturity dates thereof and shall levy an annual assessment effective only upon the benefited properties and based on the acreage thereof. The annual rate of such assessments shall be fixed when other taxes of the district are levied and shall be sufficient in each year to provide for the payment of such bonds and interest coupons as they mature and sufficient to provide a fund equal to twenty percent (20%) of the average annual principal and interest requirements, the same to constitute a “debt service reserve” as a precaution against possible default by failure to collect annual levies. The bonds shall state on their face that they do not constitute a debt of the district but are payable solely from collection of special assessments made upon benefited lands lying in the watershed conservancy district.

History. Enact. Acts 1964, ch. 116, §§ 3, 4; 1966, ch. 23, § 74; 1982, ch. 360, § 83, effective July 15, 1982; 2007, ch. 51, § 8, effective June 26, 2007.

262.779. Annual assessments made, how — Lien.

The annual assessments shall be made by the board of directors at the same time and in the same manner as provided in KRS 262.765 for taxes generally and shall be collected as provided in KRS 262.770 . The assessments shall constitute liens against the land benefited and shall attach to the land, taking precedence over all other liens except state, county and municipal taxes and prior improvement assessments.

History. Enact. Acts 1964, ch. 116, § 5.

262.780. Petition for annexation of lands — Requirements — Parties — Hearing — Determination — Referendum.

  1. Any one (1) or more owners of land may petition the board of supervisors to have their lands added to a watershed conservancy district. Such petition shall define the boundaries of the land desired to be annexed, the number of acres of land involved, and other information pertinent to such proposal. When the boundary described embraces lands of others than the petitioners, the petition shall so state and shall be signed by twenty-five (25) or more of the landowners in the territory described, if fifty (50) or more such owners are involved, or by a majority if less than fifty (50) landowners are involved.
  2. Within thirty (30) days after such petition is filed, the board shall cause due notice to be given, as provided in KRS 262.010(4), of a hearing on such petition. All interested parties shall have a right to attend such hearing and be heard. The board shall determine whether the lands described in the petition or any portion thereof shall be included in the district. If all the landowners in the territory involved are not petitioners, a referendum shall be held within such territory as provided in KRS 262.725 , 262.730 and 262.735 , before making a final determination. If it is determined that such land should be added, this fact shall be certified by the board of supervisors to the county clerk in the county or counties involved. After recording, the certification shall be filed with the State Soil Conservation Commission.

History. Enact. Acts 1956, ch. 203, § 17, effective May 18, 1956; 1978, ch. 384, § 389, effective June 17, 1978; 1984, ch. 218, § 7, effective July 13, 1984.

Legislative Research Commission Note.

This section was amended by 1984 Acts Chapter 100, § 24, and 1984 Acts Chapter 218, § 7, which are in conflict and cannot be compiled together. Pursuant to KRS 446.250 , the amendment in Chapter 218, § 7 prevails as the later amendment.

262.785. Petition for detachment of lands — Requirements — Hearing — Determination.

The owner or owners of lands which have not been, are not, and cannot be benefited by their inclusion in the watershed conservancy district may petition the board of supervisors to have such lands detached. The petition shall describe such lands and state the reasons why they should be detached. A hearing shall be held within thirty (30) days after the petition is received. Due notice of such hearing as provided in KRS 262.010(4) shall be given at least ten (10) days before the hearing. If it is determined by the board of supervisors that such lands shall be detached, such determination shall be certified to the county clerk of each county in which any portion of such lands lie. After recording, the certification shall be filed with the State Soil Conservation Commission.

History. Enact. Acts 1956, ch. 203, § 18, effective May 18, 1956.

NOTES TO DECISIONS

Cited:

Woolsley v. Big Reedy Creek Watershed, 383 S.W.2d 135, 1964 Ky. LEXIS 17 ( Ky. 1964 ).

Opinions of Attorney General.

If there has been a general enhancement of values in the district by reason of watershed improvement projects, this can be a sufficient basis for the board of supervisors to determine that the land in question is benefited and should not be detached from the district. OAG 65-460 .

So long as real property that is allegedly not benefited remains within the area of the watershed conservancy district and is not detached pursuant to this section, the board of directors must levy the annual tax on the property at an equal rate with all other real property within the district. OAG 65-460 .

Those petitioners who were members of the board of supervisors that was to hear and determine their actions for detachment from the watershed district had direct personal interest in the outcome of such hearings and were thus disqualified from serving on or participating in the board’s hearing of their actions for detachment. OAG 73-253 .

262.790. Procedure for discontinuance of district. [Repealed.]

Compiler’s Notes.

This section (Acts 1956, ch. 203, § 19) was repealed by Acts 1964, ch. 117, § 12.

262.791. District discontinued, when — Hearing referendum.

  1. Ten (10) years subsequent to the organization of a watershed conservancy district a majority of the landowners within the district may file a petition with the board of supervisors praying that the existence of the district be discontinued. The petition shall state the reason for discontinuance and that all obligations of the district have been met;
  2. After giving due notice as defined in KRS 262.010 (4), the board of supervisors shall conduct a hearing on the petition for the purpose of determining whether the reasons given for discontinuance are valid and that all obligations have been met. Obligations shall include written agreements and contracts officially entered into by the district and any duty imposed upon the district by law;
  3. If evidence presented during the hearing, as determined by the board of supervisors, reveals that all obligations have not been met, the petition for discontinuance shall be denied. If it is determined that all obligations have been met, the supervisor shall, within sixty (60) days, hold a referendum as provided in KRS 262.750 .

History. Enact. Acts 1964, ch. 117, § 6.

NOTES TO DECISIONS

1.Time of Petition.

Petition brought in 1968 for discontinuance of district organized in 1962 while law providing that petition of discontinuance could not be brought until five (5) years from the date of organization was in force was barred by the repeal of the former law and enactment of this section increasing the period from five (5) to ten (10) years. Stone v. Thompson, 460 S.W.2d 809, 1970 Ky. LEXIS 590 (Ky. Ct. App. 1970).

2.Obligations.

Obligations means financial obligations. Shelton v. Webster County Soil Conservation Dist., 377 S.W.2d 81, 1964 Ky. LEXIS 482 ( Ky. 1964 ) (decided under prior law).

3.Reasons for Discontinuance.

The board of supervisors has no discretion in determining the soundness of the reasons for the desired termination. Shelton v. Webster County Soil Conservation Dist., 377 S.W.2d 81, 1964 Ky. LEXIS 482 ( Ky. 1964 ) (decided under prior law).

The proponents of discontinuance need not allege and prove the reason for the desired termination. Shelton v. Webster County Soil Conservation Dist., 377 S.W.2d 81, 1964 Ky. LEXIS 482 ( Ky. 1964 ) (decided under prior law).

Opinions of Attorney General.

Where a watershed conservancy district was established in 1957, but that district never levied taxes or otherwise became active, nevertheless, it continues to exist as a public body corporate and must be dissolved under this section before a new district may be formed, unless the new district could be established under KRS 262.707 , since KRS 262.705 forbids an area in one such district from being embraced in a second such district. OAG 79-434 .

262.793. Transfer of assets and funds of district on discontinuance to soil and water conservation district — Proration, when — Collection of revenue for maintenance.

  1. Where a watershed conservancy district has been discontinued as provided in KRS 262.791 and all obligations of the district have been met, any funds or assets of the district shall be transferred to the soil and water conservation district to be used solely for the development and maintenance of soil and water conservation practices in the area from which the tax was collected. In the event that the area of the discontinued watershed conservancy district encompassed two (2) or more soil and water conservation districts, any funds or assets to be handed over shall be prorated among the soil and water conservation districts according to the percentage of revenue contributed by the landowners within each such soil and water conservation district.
  2. Where a watershed conservancy district is discontinued, the conservation district or districts to which its funds are transferred shall have the authority to collect revenue from within the boundaries of and in the same manner as the discontinued watershed conservancy district. The funds collected shall be expended by the conservation district for the maintenance of works of improvement done by the discontinued watershed conservancy district and for no other purpose.

History. Enact. Acts 1966, ch. 23, § 75; 1974, ch. 32, § 1.

NOTES TO DECISIONS

1.Retroactive Effect.

This section will not be given retroactive effect and therefore members of watershed conservancy district who had paid special assessments were entitled to recover the respective amounts paid to district that was dissolved prior to enactment of this section. Webster County Soil Conservation Dist. v. Shelton, 437 S.W.2d 934, 1969 Ky. LEXIS 462 ( Ky. 1969 ).

Opinions of Attorney General.

The available funds derived pursuant to KRS 262.200 and the funds and assets transferred from a defunct district must first be expended for proper maintenance of present improvements as provided in subsection (2) of this section but the excess each year, if any, may be used for existing and new improvements and practices as provided in subsection (1) of this section. OAG 74-596 .

Upon the transfer of funds or assets from a defunct watershed conservancy district to another conservancy district, subsection (2) of this section clearly imposes a responsibility on the recipient conservation district to maintain those works of improvement in the recipient district which were previously constructed by the defunct watershed conservancy district. OAG 74-596 .

262.795. Fiscal court as board of supervisors on discontinuance of soil conservation district.

If any supervising soil conservation district is discontinued, the fiscal court of the county or counties involved shall serve in the same supervising capacity over the watershed conservancy district as the board of supervisors.

History. Enact. Acts 1956, ch. 203, § 20, effective May 18, 1956.

Agricultural District

262.850. Establishment of agricultural districts — Legislative purpose — Procedure — Periodic review — Withdrawal from membership — Public hearing on condemnation — Notification of membership to property valuation administrator.

  1. This section shall be known as “the Agricultural District and Conservation Act.”
  2. It is the policy of the state to conserve, protect and to encourage development and improvement of its agricultural lands for the production of food and other agricultural products. It is also the policy of this state to conserve and protect the agricultural land base as a valuable natural resource which is both fragile and finite. The pressure imposed by urban expansion, transportation systems, water impoundments, surface mining of mineral resources, utility rights-of-way and industrial development has continually reduced the land resource base necessary to sufficiently produce food and fiber for our future needs. It is the purpose of this section to provide a means by which agricultural land may be protected and enhanced as a viable segment of the state’s economy and as an important resource.
  3. The local governing administrative body for an agricultural district shall be the conservation district board of supervisors. The Soil and Water Conservation Commission shall be responsible for statewide administration of the agricultural district program and shall have sole authority to certify or deny agricultural district petitions. The commission may apply for assistance and funds from the Federal Farmland Protection Act of 1981 (Pub. L. 97-377) which may be available for the development of the agricultural district program and may accept easements as provided in KRS 65.410 to 65.480 .
  4. Any owner or owners of land may submit a petition to the local conservation district board of supervisors requesting the creation of an agricultural district within the county. The petition shall include a description of the proposed area, description of each land parcel, location of the proposed boundaries, petitioners’ names and addresses, adjacent landowners’ names and addresses, and other pertinent information as required in the petition application. The boundary of an agricultural district shall be contiguous. No land shall be included in an agricultural district without the consent of the owner.
  5. Upon receipt of a petition, the local conservation district board of supervisors shall notify the fiscal court and any local or regional planning or zoning body, if any, by sending a copy of the petition and accompanying materials to that body.
  6. The following factors shall be considered by the local conservation district board of supervisors and the Soil and Water Conservation Commission when considering the formation of any agricultural district:
    1. The capability of the land to support agricultural production, as indicated by: soil, climate, topography or other natural factors;
    2. The viability of active farmlands, as indicated by: markets for farm products, extent and nature of farm improvements, present status of farming, anticipated trends in agricultural economic conditions and technology;
    3. That the proposed agricultural district meets the minimum size limit of two hundred fifty (250) contiguous acres, unless the local conservation district board and the Soil and Water Conservation Commission allow fewer than two hundred fifty (250) contiguous acres if the proposed area meets a minimum annual production performance established by the district board and approved by the commission;
    4. County development patterns and needs and the location of the district in relation to any urban development boundaries within the county;
    5. Any matter which may be relevant to evaluate the petition; and
    6. Whether an application is from more than one (1) farm owner, in which case a preference shall be given to the application.
  7. The local soil and water conservation district board of supervisors shall review the petition application and submit a recommendation to the Soil and Water Conservation Commission within one hundred (100) days of receipt. The local conservation district recommendation shall be submitted to the commission in the form of approval, approval with modifications, or denial of the petition accompanied by justification for such a denial.
  8. The Soil and Water Conservation Commission shall review the recommendation of the district board of supervisors and certify or deny the agricultural district’s petition within one hundred (100) days of receipt.
  9. Upon the approval of a petition by the Soil and Water Conservation Commission, the commission shall notify the area development district in which the agricultural district will lie, the local county clerk, and the secretary of the Governor’s Cabinet.
  10. Land within the boundary of an agricultural district shall not be annexed.
  11. The owners of land within the boundary of an agricultural district shall be exempt under KRS 74.177 from any assessment authorized for the extension of water service lines until the land is removed from the district and developed for nonagricultural use. Any member, or any successor heir of the member, of an agricultural district may withdraw from the district upon notifying the local conservation district board of supervisors in writing.
  12. It shall be the policy of all state agencies to support the formation of agricultural districts as a means of preserving Kentucky’s farmlands and to mitigate the impact of their present and future plans and programs upon the continued agricultural use of land within an agricultural district.
  13. Agricultural districts shall be comprised only of agricultural land as defined in KRS 132.010 .
  14. An agricultural district shall be established for five (5) years with a review to be made by the local soil and water conservation district board of supervisors at the end of the five-year period and every five (5) years thereafter. Each owner of land shall agree to remain in the district for a five (5) year period, which is renewable at the end of the five (5) years. However, the board shall make a review any time upon the written request of a local government which demonstrates that the review is necessary in order to consider development needs of the local government. The board shall consider whether the continued existence of the district is justified, any adjustments which may be necessary due to urban or county development, and other factors the board finds relevant. The board shall revise the district as necessary based on the review and subject to approval of the State Soil and Water Conservation Commission. Before the state commission takes final action, all interested parties shall be given the opportunity to request the state commission to amend or overturn the local board’s decision.
  15. The withdrawal of a member from a district reducing the remaining acreage of agricultural district land to less than two hundred fifty (250) acres or resulting in the remaining land being noncontiguous shall not cause the decertification of the district.
  16. Any member of an agricultural district who has received a summons of condemnation proceedings being instituted concerning the member’s land located in the district may request the local soil and water conservation district board of supervisors to hold a public hearing on the proposed taking of land. However a hearing under this section shall not be held if the petitioner in the condemnation proceeding is a utility as defined in KRS 278.010(3) and obtained a certificate of convenience and necessity as required by KRS 278.020(1).
    1. The board shall notify the local property valuation administrator of the farms which belong to an agricultural district and whenever a farm is withdrawn from a district. The board shall also inform all members of a district of the right to have their land assessed by the local property valuation administrator at the land’s agricultural use value and shall offer advice and assistance on obtaining such an assessment.
    2. The board shall also notify the local property valuation administrator whenever a farm is released or withdrawn from an agricultural district.
  17. The board may allow an amendment to an existing certified agricultural district if approved by the commission.

History. Enact. Acts 1982, ch. 451, § 1, effective July 15, 1982; 1984, ch. 75, § 1, effective July 13, 1984; 1994, ch. 390, § 32, effective July 15, 1994; 2000, ch. 115, § 1, effective July 14, 2000; 2019 ch. 50, § 4, effective June 27, 2019.

Legislative Research Commission Note.

(9/25/2014). In subsection (7) of this statute, the Reviser of Statutes has changed "Soil and Water Commission" to read "Soil and Water Conservation Commission" to correct a manifest clerical or typographical error under the authority of KRS 7.136(1)(h).

Compiler's Notes.

The Farmland Protection Policy Act of 1981, referred to in subsection (3) of this section, is compiled as 7 USCS § 4201 et seq.

This section has been reprinted to correct errors appearing in the bound volume.

NOTES TO DECISIONS

1.Purpose.

There is nothing in KRS 262.850 which provides that once an agricultural district is created, the land within it has somehow been set aside for a public purpose, or which delegates responsibility for the examination of the priority and necessity for a municipality’s condemnation of land within an agricultural district to a county soil and water conservation district board of supervisors. Kipling v. City of White Plains, 80 S.W.3d 776, 2001 Ky. App. LEXIS 1167 (Ky. Ct. App. 2001).

2.Preemption.

KRS 262.850(16) is not more specific than, nor does it preempt KRS 416.570 ; it likewise does not divest the Circuit Court of jurisdiction to hear condemnation proceedings. Kipling v. City of White Plains, 80 S.W.3d 776, 2001 Ky. App. LEXIS 1167 (Ky. Ct. App. 2001).

Research References and Practice Aids

Journal of Mineral Law & Policy.

Comments, Preservation of Kentucky's Diminishing Farmland: A Statutory Analysis, 5 J.M.L. & P. 305 (1989-90).

Interagency Farmland Advisory Committee

262.875. Interagency Farmland Advisory Committee. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1984, ch. 90, § 1, effective July 13, 1984; 1990, ch. 325, § 35, effective July 13, 1990; 1994, ch. 277, § 8, effective July 15, 1994; 1994, ch. 390, § 33, effective July 15, 1994; 1996, ch. 194, § 61, effective July 15, 1996; 1998, ch. 69, § 77, effective July 15, 1998; 2000, ch. 2, § 10, effective July 14, 2000) was repealed by Acts 2002, ch. 241, § 1, effective July 15, 2002.

Agricultural Conservation Easements

262.900. Definitions for KRS 262.900 to 262.920.

As used in KRS 262.900 to 262.920 , unless the context clearly indicates otherwise:

  1. “Agricultural conservation easement” or “easement” means an interest in land, less than fee simple, which represents the right to restrict or prevent the development or improvement of the land for purposes other than agricultural production. The easement may be granted by the owner of the fee simple to the Commonwealth or to a qualified organization described in Section 170(c) of the Internal Revenue Code. It may be granted in perpetuity, as the equivalent of the covenants running with the land;
  2. “Agricultural district” means a land use category created by voluntary agreement between the Commonwealth and one (1) or more landowners under Kentucky’s agricultural district law, KRS 262.850 , where the primary use of land is and will remain to be agriculture;
  3. “Agricultural production” means the production for commercial purposes of crops, livestock and livestock products, and nursery and greenhouse products, including the processing or retail marketing of these crops, livestock and livestock products, and nursery and greenhouse products, if more than fifty percent (50%) of those processed or merchandised products are produced by the farm operator, and the raising and stabling of horses for commercial purposes;
  4. “Applicant” means a person or qualified organization described in Section 170(c) of the Internal Revenue Code offering to sell to the PACE Corporation under the PACE Program an easement on a tract of land which is in or available for agricultural use;
  5. “ASCS” means the Agricultural Stabilization and Conservation Service of the United States Department of Agriculture;
  6. “Bargain sale” means the sale of an easement by a landowner at a price below appraised market value, when a portion of the value of the easement is donated by the landowner in a properly executed document as a charitable contribution to a qualified organization described in Section 170(c) of the Internal Revenue Code;
  7. “Capability class” means a group of soils that have similar characteristics when used for field crop production;
  8. “Comparable sales” means market sales of similar land. In locating comparable sales, first priority shall be given to parcels located in the same general vicinity. The second priority shall be given to farms located in other areas;
  9. “Conservation plan” means a plan describing best land management practices, including an installation schedule and maintenance program, which, when completely implemented, will improve and maintain soil, water, and related plant and animal resources of the land;
  10. “Contract of sale” means a legally enforceable agreement in a form provided by the PACE Board obligating the owner of a farmland tract to sell and the Commonwealth to purchase an easement or other less-than-fee interest on the farmland tract;
  11. “Commonwealth funds” means money appropriated to the PACE Corporation for the purchase of agricultural conservation easements;
  12. “Development” means the carrying out of any material change in the use or appearance of land, or dividing into two (2) or more parcels;
  13. “Easement value” means the value per acre as determined by a numerical point system or, if an appraisal is used, the difference between the unrestricted value of a farm and its value as restricted by an easement. If only one (1) appraisal is used, unrestricted value is equal to market value and restricted value is equal to the value of the farm, subject to an agricultural conservation easement. If the landowner obtains an independent appraisal, easement value shall be calculated according to the average between the landowner’s appraisal and the numerical point system, or if the Commonwealth also obtains an appraisal, the average between the landowner’s appraisal and the Commonwealth’s appraisal;
  14. “Eligible land” means a farmland tract in which the Commonwealth may acquire an agricultural conservation easement or other property interest as provided by this section;
  15. “Farm” means land in the Commonwealth which is being used for or is available for agricultural production as defined in this section;
  16. “Farmland tract” means land constituting all or part of a farm that is proposed for the purchase of an agricultural conservation easement;
  17. “Farmland value” means the price as of the valuation date for property used for normal farming operations, subject to the terms of an agricultural conservation easement, which a willing and informed seller who is not obligated to sell would accept for the property, and which a willing and informed buyer who is not obligated to buy would pay for the property;
  18. “Fund” means the agricultural enhancement fund created by KRS 262.920 ;
  19. “Grantor” means the person or entity holding title to the farmland tract on which an easement is conveyed;
  20. “Grazing or pasture land” means land used for horse paddocks or the growing of grasses and legumes which are consumed by livestock in the field, and at least ninety percent (90%) of which is clear of trees, shrubs, vines, or other woody growth not consumed by livestock;
  21. “Harvested cropland” means land used for the commercial production of field crops, fruit crops, vegetables, and horticultural specialties, such as flowers, nursery stock, and ornamentals;
  22. “Horse paddock” means an enclosed area used for pasturing and exercising horses;
  23. “Landowner” means a person holding title to land;
  24. “Market value” means the price as of the valuation date for the highest and best use of the property which a willing and informed seller who is not obligated to sell would accept for the property, and which a willing and informed buyer who is not obligated to buy would pay for the property;
  25. “Nonprofit land conservation organization” means nonprofit organization dedicated to land conservation purposes recognized by the Internal Revenue Service as a tax-exempt organization under Section 170(c) of the Internal Revenue Code;
  26. “PACE Corporation” means the Purchase of Agricultural Conservation Easement Corporation created by KRS 262.906(1);
  27. “PACE board” means the board of directors of the Purchase of Agricultural Conservation Easement Corporation created by KRS 262.906(2);
  28. “Qualified organization” means a tax-exempt organization described in Section 170(c) of the Internal Revenue Code;
  29. “Reserved life estate” means property deeded to a nonprofit organization during an owner’s lifetime with the owner retaining full use of and responsibility for the property until the death of the last survivor of those retaining life estates, whereupon, the responsibility of the property falls to the nonprofit organization. The property owner is entitled to an income tax deduction based on an appraised value and Internal Revenue Service actuarial tables, and the taxable estate may also be reduced;
  30. “Restricted land” means land and buildings, the use of which is subject to the terms of an agricultural conservation easement;
  31. “Restricted value” means the price as of the valuation date for property subject to an agricultural conservation easement which a willing and informed seller who is not obligated to sell would accept for the property, and which a willing and informed buyer who is not obligated to buy would pay for the property;
  32. “Soils report” means a report which sets forth the amount and description of each soil type and class found on a specific farm;
  33. “Title report” means a report prepared by a person authorized by the state to engage in the sale of title insurance or an attorney setting forth the existence of any liens, restrictions, or other encumbrances on a farmland tract;
  34. “Unrestricted value” means the current market value of a property;
  35. “USDA” means the United States Department of Agriculture; and
  36. “Viable agriculture land” means land suitable for agricultural production and which will continue to be economically feasible for use if real estate taxes, farm use restrictions, and interference with and constraints on normal farming operations are limited to levels approximating those in commercial agricultural areas not influenced by the proximity of urban and related nonagricultural development.

History. Enact. Acts 1994, ch. 390, § 21, effective July 15, 1994; 2019 ch. 50, § 5, effective June 27, 2019.

Compiler’s Notes.

Section 170 (c) of the Internal Revenue Code referred to throughout the section is compiled as 26 USCS § 170 (c).

262.902. Legislative findings.

  1. The General Assembly hereby finds and declares that it is a policy of the Commonwealth to retain agriculture and enhance the contribution that agriculture makes to its economy. A program to retain and enhance agriculture is in the economic best interests of the Commonwealth and, consequently, constitutes a public benefit that contributes to the health, safety, and general welfare of the residents of the Commonwealth and the nation.
  2. The General Assembly further finds and declares that the use of the Commonwealth’s funds for the purpose of paying in whole or part the cost of acquiring agricultural conservation easements as set forth in KRS 262.900 to 262.920 , including any costs necessarily incident to the acquisition, sale, issuance, and delivery of the funds, and the monitoring and enforcement of agricultural conservation easements, or to the participation of any party for these purposes, will promote the public health, safety, and general welfare of the people of the Commonwealth.
  3. Further, it is the purpose of KRS 262.900 to 262.920 to:
    1. Establish procedures for the acquisition of agricultural conservation easements in order to ensure that lands currently in agricultural use will continue to remain available for agriculture and not be converted to other land uses, and that landowners who participate in this program will be fairly compensated for their agreement to accept deed restrictions limiting the use of their property;
    2. Encourage landowners to make a long-term commitment to agriculture by offering them financial incentives and security that land use will remain stable;
    3. Protect normal farming operations in agricultural areas from incompatible nonfarming uses that may render farming impracticable;
    4. Protect normal farming operations from complaints of public nuisance against normal farming operations; and
    5. Maximize the use of agricultural conservation easement purchase funds and protect the investment of taxpayers in agricultural conservation easements.

History. Enact. Acts 1994, ch. 390, § 19, effective July 15, 1994.

262.904. Acquisition of agricultural conservation easements by Commonwealth.

  1. The Commonwealth is hereby authorized to acquire agricultural conservation easements or other property interests. The property interest acquired may be any less-than-fee-simple interest, including an easement, life estate, covenant, or other contractual right. Acquisition may be accomplished by purchase, gift, grant, bequest, devise, covenant, or contract but only at a price that is equal to or less than the appraised value as provided in this section. The Commonwealth shall purchase these property interests only upon voluntary application of the landowner.
  2. If the landowner so elects, the Commonwealth is authorized to pay the purchase price in a lump-sum single payment at the time of closing, to enter into contracts for pay outs over a term of years against the purchase price, or to enter into installment purchase agreements. When pay outs over time are made, the Commonwealth is authorized to pay interest consistent with prevailing market conditions at the time of the execution of the contract.
  3. The interest which the Commonwealth owns in property other than eligible lands may be exchanged for property interests in eligible lands on an equivalent appraised value basis. If the property exchanged is not exactly equal in appraised value, cash payments may be made to provide net equivalent value in the exchange.
  4. After the Commonwealth acquires an agricultural conservation easement or some property interest less than full ownership in any eligible land, the Commonwealth may purchase the remaining agricultural rights or other property interest in the land when the acquisition is necessary to maintain the agricultural uses of the property.

History. Enact. Acts 1994, ch. 390, § 20, effective July 15, 1994.

262.906. Purchase of Agricultural Conservation Easement (PACE) Corporation — Board of Directors.

  1. There is hereby created the Purchase of Agricultural Conservation Easement Corporation which shall oversee all issues involving purchases of agricultural conservation easements. The corporation shall be a de jure municipal corporation and political subdivision of the Commonwealth. The corporation shall be a public agency within the meaning of KRS 61.805 and 61.870 and shall be attached for administrative purposes to the Department of Agriculture.
    1. The corporation shall be governed by a board of directors, consisting of the following eleven (11) members: four (4) public directors who shall be the Commissioner of the Department of Agriculture, the secretary of the Energy and Environment Cabinet, the dean of the University of Kentucky College of Agriculture, and the chair of the Soil and Water Conservation Commission, or their designees; and seven (7) private directors who shall be appointed by the Governor, as follows:
      1. One (1) private director from each of the six (6) congressional districts; and
      2. One (1) private director from a list of three (3) persons suggested by the Kentucky Farm Bureau Federation, Inc.
    2. Initial appointment of the private directors by the Governor shall be for staggered terms.
    3. No more than four (4) of the private directors shall be from the same political party. Members shall serve a term of four (4) years, with the exception of the initial members, and may be reappointed. Vacancies shall be filled in the same manner as the appointment is made.
    1. Any member who has an ownership interest in any of the lands eligible for the purchase of an agricultural conservation easement or other property interest and who wishes to apply to sell an easement while serving on the board of directors shall withdraw himself from all board activities prior to application and until the transaction is complete. The Governor shall appoint an interim member to fill the vacancy until the transaction is complete.
    2. Any person who has previously applied for or sold an agricultural conservation easement may serve on the board.
  2. Members shall not be compensated for their services but shall be reimbursed for expenses incurred in the performance of their duties.

History. Enact. Acts 1994, ch. 390, § 22, effective July 15, 1994; 2010, ch. 24, § 604, effective July 15, 2010.

262.908. Responsibilities of board.

  1. The PACE board shall have the following responsibilities:
    1. Implementing a Purchase of Agricultural Conservation Easement Program in the Commonwealth as provided by this section, including the development and promulgation of any administrative regulations required;
    2. Making decisions in connection with each specific easement purchase to be made with Commonwealth funds from the agricultural enhancement fund;
    3. Evaluating, as necessary, potential sites within the Commonwealth on which agricultural conservation easements or other property interests are to be acquired, applying the criteria set forth in this section and administrative regulations; and
    4. Employing the staff necessary to implement the provisions of this section.
    1. The PACE board shall establish fair, equitable, objective, nondiscriminatory procedures for determining easement purchase priorities.
    2. The board shall promulgate administrative regulations establishing policies and procedures for determining easement purchase priorities and for purchasing easements.
    3. The program criteria shall be designed to ensure that land is selected for easement purchase because it will make a significant contribution to agricultural production.

History. Enact. Acts 1994, ch. 390, § 23, effective July 15, 1994.

262.910. Use of restricted land during term of easement.

  1. During the term of an easement, the restricted land shall be used solely for the production of crops, livestock and livestock products, and nursery and greenhouse products including the processing or retail marketing of these crops, livestock and livestock products, and nursery and greenhouse products if more than fifty percent (50%) of the processed or merchandised products are produced on the subject land, and for the raising and stabling of horses for commercial purposes. For the purposes of this section and administrative regulations promulgated under its provisions, “crops, livestock and livestock products, and nursery and greenhouse products” include, but are not limited to:
    1. Tobacco;
    2. Wheat, soybeans, corn, and all commercially-produced fruits and vegetables;
    3. Horticultural specialties, including nursery stock ornamental shrubs, ornamental trees, and flowers;
    4. Livestock and livestock products, including cattle; sheep; swine; goats; horses; alpacas; llamas; buffaloes; any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species; poultry; milk; and eggs;and
    5. Aquatic plants and animals and their by-products.
    1. During the term of an easement the landowner and the landowner’s assigns, agents, or leasees shall not perform, nor knowingly allow others to perform, any act on or affecting the restricted land that is inconsistent with the provisions of this section. The landowner shall be deemed to have authorized the PACE board to enforce these provisions.
    2. Unless otherwise specified, the landowner shall not be required to take any action to restore the condition of the restricted land after any act of God or other event over which the landowner had no control.
    3. Nothing in the PACE Program shall relieve the landowner of any obligation or restriction on the use of the property imposed by law.
    4. The Commonwealth shall not locate landfills, sewage treatment plants, or other public service facilities that are not compatible with or complimentary to agricultural production on restricted lands.
    1. To retain the agricultural viability of the restricted land, the PACE board shall require, and the owner of the restricted land shall implement, a conservation plan approved by the soil and water conservation district. This plan shall be updated every ten (10) years and any time the basic farming operation conducted on restricted lands is changed. All farming operations shall be conducted substantially in accordance with the plan.
    2. In addition to the requirements established by the soil and water conservation district, the conservation plan shall require that:
      1. The use of the land for growing sod, nursery stock, and ornamental trees and shrubs does not remove excessive soil from the restricted land;
      2. The excavation of soil, sand, gravel, stone, or other materials for use in agricultural production on the restricted land is consistent with subsection (4)(h) of this section and is conducted in a location and manner that retains the viability of the restricted land for agricultural production; and
      3. The mining of minerals is consistent with subsection (4)(h) of this section and is conducted only through the use of methods which will not interfere with the viability of the restricted land for agricultural production.
  2. The construction or reconstruction of any building or other structure, except those existing on the date of the easement or previously approved by the PACE board, is prohibited except in accordance with this subsection.
    1. Existing fences may be repaired and replaced, and new fences may be built anywhere on the restricted land for purposes of reasonable and customary management of livestock and wildlife, without approval of the PACE board.
    2. New buildings and other structures and improvements to be used solely for agricultural purposes including the processing or sale of farm products predominantly grown or raised on the restricted land, but not including any dwelling or farm labor housing, may not be built on the restricted land without the advance approval of the PACE board. The PACE board shall give approval within a reasonable time, unless it determines that the proposed building, structure, or improvement would not be properly located or would significantly diminish the agricultural production capacity of the restricted land.
    3. All existing single-family residential dwellings may be repaired, reasonably enlarged, and replaced at their current locations without further permission of the PACE board. No new single-family residential dwellings may be built on the restricted land without the advance approval of the PACE board. The PACE board shall give approval within a reasonable time, unless it determines that a proposed dwelling would not be properly located or would significantly diminish the agricultural production capacity of the restricted land.
    4. The subdivision of the restricted land, whether by physical or legal process, is prohibited without the advance written approval of the PACE board. The PACE board shall give approval within a reasonable time, unless it determines that the proposed subdivision will diminish or impair the agricultural productivity of the restricted land.
    5. The granting of rights-of-way through restricted land for the installation of, transportation of, or use of, lines for water, sewage, electric, telephone, gas, oil or oil products is permitted. The term “granting of rights-of-way” includes the right to construct or install the lines. The construction or installation of utility lines other than the types stated in this paragraph is prohibited on the restricted land.
    6. No portion of the restricted land shall be paved or otherwise be covered with concrete, asphalt, gravel, or any other paving material, nor shall any road for access or other purposes be constructed, without the advance written approval of the PACE board. The PACE board shall give approval within a reasonable time, unless it determines that the proposed paving or covering of the soil, or the location of any road, will substantially diminish or impair the agricultural productivity of the restricted land.
    7. Trees may be cut to control insects and disease, to prevent personal injury and property damage, and for firewood and other domestic uses, including construction of permitted buildings and fences on the restricted land. Trees may also be cut to clear land for cultivation or use of livestock, but only if done in accordance with the conservation plan required by subsection (3) of this section. Any commercial timber harvesting on the restricted land shall be conducted on a sustainable yield basis and in substantial accordance with a forest management plan prepared by a competent professional forester.
    8. The mining or extraction of soil, sand, gravel, rock, oil, natural gas, fuel or any other mineral substance, using any method that disturbs the surface of the land, is prohibited without the advance written approval of the PACE board. The PACE board shall give approval within a reasonable time, unless it determines that the proposed mining or extraction will substantially diminish or impair the agricultural productivity of the restricted land.
    9. The dumping or accumulation of any kind of trash or refuse on the restricted land is prohibited. However, this shall not prevent the storage of agricultural products and by-products on the restricted land, so long as it is done in accordance with all applicable laws, administrative regulations, and ordinances.
    10. Golf courses are prohibited on the restricted land. Buildings and facilities for any other public or private recreational use may not be built on the restricted land without the advance written approval of the PACE board. The PACE board shall not give approval unless it determines that the proposed use or facilities will not substantially diminish or impair the agricultural productivity of the restricted land.
  3. Landowners shall retain the right to perform any act not specifically prohibited or limited by this section and administrative regulations promulgated under its provisions. These ownership rights include, but are not limited to, the right to exclude any member of the public from trespassing on the restricted land and the right to sell or otherwise transfer the restricted land to anyone of the landowner’s choice.

HISTORY: Enact. Acts 1994, ch. 390, § 24, effective July 15, 1994; 2017 ch. 129, § 27, effective June 29, 2017.

262.912. Responsibilities of landowner during term of easement.

Other than as specified within this section, this section and administrative regulations promulgated under its provisions are not intended to impose any legal or other responsibility on the PACE board or in any way to affect any existing obligation of the landowner as owner of the restricted land. Accordingly:

  1. The landowner shall continue to be solely responsible for payment of all taxes and assessments levied against the restricted land.
  2. The landowner shall continue to be solely responsible for the upkeep and maintenance of the restricted land, to the extent it may be required by law. The PACE board and the Commonwealth shall have no obligation for the upkeep or maintenance of the restricted land.

History. Enact. Acts 1994, ch. 390, § 25, effective July 15, 1994.

262.914. Contents of deed conveying interest in restricted land.

A deed conveying an interest in the restricted land shall set forth the language of the assessment restrictions verbatim. Within thirty (30) days of a change in ownership of the restricted land, the prior owner shall notify the PACE board in writing of the name and address of the new owner, together with the volume and page of the deed book in which the transfer has been recorded.

History. Enact. Acts 1994, ch. 390, § 26, effective July 15, 1994.

262.916. Legal action by board for violation of easement.

  1. If the PACE board finds what it believes is a violation of the terms of any easement by the property owner, it may take appropriate legal action. Except when an ongoing or imminent violation could irreversibly diminish or impair the agricultural productivity of the restricted land, the PACE board shall give the landowners written notice of the violation and sixty (60) days to correct it, before taking legal action.
  2. The owner of the restricted land shall bear all costs associated with the correction of a violation of the easement, including:
    1. Costs of work required and materials used to correct the violation and restore the restricted land to its condition prior to the violation;
    2. Administrative costs incurred by the PACE board; and
    3. Court costs and reasonable attorney’s fees incurred by the PACE board in enforcing the easement.

History. Enact. Acts 1994, ch. 390, § 27, effective July 15, 1994.

262.918. Legal action by grantor for termination of easement.

    1. A grantor may terminate an easement, in whole or in part, only by filing an action in the Franklin Circuit Court, and demonstrating by clear and convincing evidence that conditions on or surrounding the land subject to an agricultural conservation easement have changed so much that agriculture is no longer viable and it has become impossible to fulfill any of the easement’s conservation purposes. The grantor shall name the PACE Corporation as the defendant in the action.
    2. In the event that a finding is made by the court that a portion of the land subject to the agricultural conservation easement is no longer suitable for agricultural purposes, the owner shall, at the owner’s expense, provide a survey of the land area on which the agricultural conservation easement is to be terminated.
    1. No agricultural conservation easement or portion thereof which has been purchased with Commonwealth funds shall be terminated by the court except upon payment by the grantor to the PACE Corporation of its then fair value. The value of the easement shall be established by one of the following two methods, as determined by the court:
      1. The owner shall pay the PACE Corporation an amount equal in current dollars to the full cost of acquiring and monitoring the easement during its full duration, plus reasonable interest as determined by court; or
      2. The owner shall pay the PACE Corporation an amount equal to the easement’s current market value as determined by independent appraisal, performed at the owner’s expense and satisfactory to the Commonwealth.
    2. The PACE Corporation shall place the proceeds from the termination of the easement in the agricultural enhancement fund and use the proceeds consistent with the purposes of KRS 262.900 to 262.920 .

History. Enact. Acts 1994, ch. 390, § 28, effective July 15, 1994.

262.920. Agricultural Enhancement Fund.

    1. There is hereby created by this section a special fund in the State Treasury which shall be known as the “Agricultural Enhancement Fund.” There shall be deposited in the fund:
      1. Moneys received by the Commonwealth, from whatever source and by whatever means, as gifts for purposes of retaining agricultural lands and supporting and abetting agricultural practices and activities which shall improve conservation and natural resource protection practices, enhance the viability of the agriculture industry, and expand the economic contribution that agriculture makes to the Commonwealth;
      2. Moneys received by the Commonwealth, from whatever source and by whatever means, as grants or loans for purposes of retaining agricultural lands and supporting and abetting agricultural practices and activities which shall improve conservation and natural resource protection practices, enhance the viability of the agriculture industry, and expand the economic contribution that agriculture makes to the Commonwealth;
      3. Moneys received by the Commonwealth including proceeds of bonds issued for the purpose of funding the PACE Program as dedicated sources of revenue for the fund; and
      4. Moneys appropriated to the fund.
    2. The fund shall be in the custody of the Commonwealth. All or any part of these funds may be invested in any securities in which public funds may lawfully be invested. All income derived from investments shall be paid into the fund and become a part thereof. The moneys so invested shall at all times be subject to withdrawal from investment for use as provided in this subsection.
    3. Upon authorization of the PACE board, the moneys in the fund may be used for:
      1. The acquisition of agricultural conservation easements on eligible lands within the Commonwealth;
      2. The acquisition of options to purchase agricultural conservation easements on eligible lands within the Commonwealth;
      3. The costs of appraisal, engineering, surveying, planning, financial, legal, and other services, and applicable personnel costs lawfully incurred incident to the acquisition of agricultural conservation easements in eligible lands and for monitoring and enforcing easements on restricted lands;
      4. The costs incident to the sale, issuance, and delivery of bonds, and to securing funds from other revenue sources for the fund;
      5. The provision of guarantees for loans that farmers participating in the PACE Program may need to seek from lending institutions in order to carry out agricultural operations, including loans for annual agricultural production, agriculture- and conservation-related improvements, and changes in the types of and methods employed for agricultural production on farmland tracts enrolled in the PACE Program; and
      6. Other expenditures as specified by the PACE board, providing that the expenditures are consistent with KRS 262.900 to 262.920 and administrative regulations promulgated by the PACE board and are for the express purpose of retaining agricultural lands, supporting and abetting agricultural lands, and supporting and abetting agricultural practices and activities which shall improve conservation and natural resource protection practices, enhance the viability of the agriculture industry, and expand the economic contribution that agriculture makes to the Commonwealth.
    4. No more than ten percent (10%) of the moneys in the fund shall be expended in any one (1) fiscal year to administer KRS 262.900 to 262.920 .

History. Enact. Acts 1994, ch. 390, § 29, effective July 15, 1994.

Penalties

262.990. Penalty.

Any watershed conservancy district which violates KRS 262.763 shall be fined not less than $50 nor more than $500.

History. Enact. Acts 1974, ch. 152, § 2.

CHAPTER 263 Disposal of Dead Animals

263.010. Definitions.

As used in this chapter, unless the context requires otherwise:

  1. “Board” means the Board of Agriculture.
  2. “Commissioner” means the Commissioner of Agriculture.
  3. “Animals” include all members of species equine, ovine, bovine, porcine, feline, canine, lapin and avian.
  4. “Communicable disease” includes hog cholera, brucellosis, leptospirosis, anthrax, black leg, catarrhal influenza in cattle, contagious pleuro-pneumonia, foot and mouth disease or aphthous fever, glanders, hemorrhagic septicemia, maladie du coit or dourine, mange of cattle, necrobacillosis and foot rot in sheep, hydrophobia, rinderpest, scabies in cattle, Texas tick or southern cattle fever, tuberculosis or any other disease proclaimed by the board to be of a transmissible character.
  5. “Loading platform” means any place operated by a license holder for dead animals, poultry and fish or parts thereof which are collected for loading onto trucks which will then take them to rendering plants.
  6. “License holder” means any person who has completed the necessary application to the department and the department has issued a license under the terms of this chapter.
  7. “Department” means the Department of Agriculture.

History. Enact. Acts 1966, ch. 47, § 1.

263.020. License for business of collecting animal carcasses required.

Except as provided in KRS 263.160 no person shall engage in the business of disposing of, or picking up, or collecting, or operating a loading platform in connection therewith, of the bodies or parts of bodies of dead or slaughtered animals, poultry, fish, scrap, offal, hides, bones, fat, grease or other raw rendering materials, or by-products thereof, without first obtaining a license for that purpose from the Department of Agriculture, hereafter called the department.

History. Enact. Acts 1966, ch. 47, § 2.

Research References and Practice Aids

ALR

Stealing carcass as within statute making it larceny to steal cattle or livestock. 78 A.L.R.2d 1100.

263.030. Application for license, contents, forms.

Application for a license shall be made to the department on forms provided by it, which application shall set forth the name and address of the applicant, his place or proposed place of business and the particular method which he intends to employ in the disposition of dead bodies of animals or parts thereof or the operation of a loading platform or trucks and such other relevant information as the department requires.

History. Enact. Acts 1966, ch. 47, § 3.

263.040. Inspection of applicant’s premises — Certification of findings.

On receipt of an application an inspector of the department shall at once inspect the building and equipment which the applicant proposes to use to conduct such business and if the inspector finds that the building and equipment comply with the requirements of this chapter and with the regulations of the department, he shall certify in writing his specific findings to the department and send a copy to the applicant. If he finds that it does not comply he shall also certify this to the department and to the applicant.

History. Enact. Acts 1966, ch. 47, § 4.

263.050. License issued when — Fee.

On receipt of the report of the inspector finding the building and equipment meets the requirements of this chapter and upon the payment of the fee provided herein the department shall issue a license to the applicant to conduct such business at the place or places specified in the application for one (1) calendar year. The fee for any license is one hundred dollars ($100).

History. Enact. Acts 1966, ch. 47, § 5.

263.060. Record of applications.

The department shall keep or cause to be kept a public record of all licenses applied for, issued or rejected.

History. Enact. Acts 1966, ch. 47, § 6.

263.070. Annual renewal of licenses.

The original license shall be renewed for each subsequent calendar year on the payment of the same fee specified in KRS 263.050 if the holder of the license continues to comply with this chapter and the regulations of the department.

History. Enact. Acts 1966, ch. 47, § 7.

263.080. Specifications for disposal plants.

Each place of business shall be provided with floors constructed of concrete or some other nonabsorbent material, adequate drainage, buildings adapted to carry on the business, adequate water supply and supplied with sufficient steam and steam hose or other equipment approved by the department to clean floors and trucks. The floors, walls and all buildings and equipment therein shall at all times be kept in a reasonably sanitary condition and shall be cleaned with steam or other methods and procedures approved by the department. Trucks and truck equipment shall at all times be kept in a reasonably sanitary condition and the trucks shall be cleaned with steam or other methods and procedures approved by the department. All plants shall be equipped with sufficient steam and steam hose or other equipment to carry out the requirements of this chapter.

History. Enact. Acts 1966, ch. 47, § 8.

263.090. Disposal methods, requirements.

The following requirements shall be observed in the disposal of the bodies of dead animals, poultry, fish or parts thereof, or offal and by-products of slaughtered animals:

  1. All bodies or parts thereof and excrements therefrom shall be processed or disposed of within forty-eight (48) hours after being delivered to the plant.
  2. Cooking vats or tanks shall be airtight, except proper escapes for live steam.
  3. Steam shall be so disposed of as not to cause an unnecessary nuisance.
  4. The skinning and dismembering of bodies or parts of bodies shall be done within the building.
  5. No uncooked bodies or parts thereof shall be fed to any livestock. This does not prohibit the sale of such products for pet food, or for dogs, cats and animals in a zoo.
  6. Such parts of bodies as are not entirely consumed by cooking or burning shall be buried or disposed of to an approved license holder.

History. Enact. Acts 1966, ch. 47, § 9.

263.100. Regulations, adoption.

The department may adopt, issue and enforce such regulations as in its judgment are necessary for the proper administration and enforcement of this chapter. Before the adoption of any regulations the department shall hold a public hearing and shall notify all license holders as to the time, date and place of the public hearing and the purpose and contents of the proposed regulations.

History. Enact. Acts 1966, ch. 47, § 10.

263.110. Inspection of plants and vehicles, when required.

The department shall inspect each place or truck licensed under this chapter at least once each year or as often as it determines necessary and furnish a report of this inspection to the department and a copy to the license holder.

History. Enact. Acts 1966, ch. 47, § 11.

263.120. Transportation of animals dying of communicable disease.

  1. Except as herein otherwise provided any person holding a license under this chapter may haul and transport the bodies or parts thereof of animals, poultry and fish that have died from a communicable disease in a covered vehicle, bed or tank which is so constructed that no drippings or seepings from such bodies can escape from such vehicle, bed or tank.
  2. The hauling or transporting of the bodies or parts thereof of any animals, poultry or fish that have died of a highly contagious, infectious or communicable disease shall be prohibited except by specific methods approved by the department.

History. Enact. Acts 1966, ch. 47, §§ 12, 13.

263.130. Vehicles to be disinfected, when, how.

The driver or owner of a vehicle used in conveying animals, poultry or fish or parts thereof, which the driver or owner has reason to believe died of a communicable disease, shall immediately after unloading the animals, poultry or fish or parts thereof cause the vehicle bed, tank, wheels, canvasing and covers to be disinfected with a solution of at least one (1) part of creosol dip to four (4) parts of water or with some other equally effective disinfectant approved by the department.

History. Enact. Acts 1966, ch. 47, § 14.

263.140. Sale of unrendered body or part, labeling requirements.

No unrendered bodies or parts thereof of animals, poultry, fish or by-products thereof shall be sold or offered for sale to the public without a labeled wrapper or other identification and denatured in a manner acceptable to the department. Such label or identification shall plainly state in legible letters at least two (2) inches high that the product is inedible and not sold or intended for human consumption.

History. Enact. Acts 1966, ch. 47, § 15.

263.150. Loading platform specifications — Sanitation requirements.

Each loading platform shall be provided with floors constructed of concrete or some other nonabsorbent material, adequate drainage, and adequate water supply, steam or other facilities approved by the department to clean floors and trucks. Each loading platform and equipment therein and the trucks and truck equipment shall at all times be kept in a reasonably sanitary condition.

History. Enact. Acts 1966, ch. 47, § 16.

263.160. Operations exempt from law.

This chapter does not apply to: (1) the premises of the rendering operations on the premises of an establishment operating under United States government inspection; (2) a slaughter house or meat processing plant holding a permit or license from the State Health Department that conducts rendering operations on raw rendering materials resulting only from slaughter house and meat processing establishments; (3) a farmer who slaughters his own animals, raised by him on his own farm, processes his own meat therefrom, and who disposes of his raw rendering material only by delivery to a person licensed under this chapter; (4) cured hides and skins.

History. Enact. Acts 1966, ch. 47, § 17.

263.990. Penalties.

Any person who violates any provision of this chapter shall be fined not less than ten dollars ($10), nor more than five hundred dollars ($500).

History. Enact. Acts 1966, ch. 47, § 18.