AGRICULTURAL SEEDS, FEEDING STUFFS, AND FERTILIZERS

KRS tit. XXI, ch. 250

in effect

KRS 250.010 Definitions for chapter

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. Effective: April 8, 1994 History: Amended 1994 Ky. Acts ch. 370, sec. 11, effective April 8, 1994. – Amended 1992 Ky. Acts ch. 200, sec. 1, effective July 14, 1992. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 42h-1, 1376b-14. 1376b-15, 1719a-2.

KRS 250.021 Definitions for KRS 250.021 to 250.111

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: (a) 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 (b) 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: (a) Two (2) or more inbred lines; (b) One (1) inbred or a single cross with an open-pollinated variety; or (c) 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: (a) "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 (b) "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. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 38, sec. 2, effective July 15, 2016. -- Amended 1996 Ky. Acts ch. 318, sec. 164, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 370, sec. 1, effective April 8, 1994.

KRS 250.022 Preemption of local regulation of seeds

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: (a) Abrogate the planning and zoning authority granted local government pursuant to KRS Chapter 100; or (b) Preempt or limit remedies available under common law or statutes. Effective: July 15, 2016 History: Created 2016 Ky. Acts ch. 38, sec. 1, effective July 15, 2016.

KRS 250.031 Application of KRS 250.021 to 250. 111

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: (a) To seed or grain not distributed for planting purposes. (b) 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. (c) 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. (d) 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. Effective: April 8, 1994 History: Created 1994 Ky. Acts ch. 370, sec. 2, effective April 8, 1994.

KRS 250.041 Labeling requirements

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: (a) A word or statement indicating that the seed has been treated; (b) The commonly accepted coined, chemical, or abbreviated chemical (generic) name of the applied substance or description of the process used; (c) 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 (d) 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: (a) Percentage by weight of pure seed with pelleting or coating material removed; (b) Percentage by weight of pelleting or coating material; (c) Percentage by weight of inert material exclusive of pelleting or coating material; and (d) 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: (a) 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: a. Percentage of germination, exclusive of hard or dormant seed; b. Percentage of hard or dormant seed, if present; c. Origin (state or foreign country); and d. The calendar month and year in which the germination test was completed; (b) 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: a. The word "mix," "mixed," "mixture," or "blend" shall be stated with the name of the mixture; b. The heading "Pure Seed," "Germination," or "Germ" shall be used in the proper places; and c. 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 words "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: a. The percentage of germination, exclusive of hard seed; b. The percentage of hard seed, if present; c. The calendar month and year the test was completed to determine such percentages; and d. 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; (c) 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: a. Percentage of germination, exclusive of hard seed; b. Percentage of hard seed, if present; and c. 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; (d) 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: a. Percentage of germination, exclusive of hard seed; b. Percentage of hard seed, if present; and c. 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; (e) 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: a. Percentage of germination, exclusive of hard seed; and b. 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; (f) 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: a. Percentage of germination, exclusive of hard seed; and b. Percentage of hard seed, if present; and (g) 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: a. Product name; b. Lot number; c. Percentage by weight of pure seed of each kind and variety named which may be less than five percent (5%) of the whole; d. Percentage by weight of crop seed; e. Percentage by weight of inert matter which shall not be less than seventy percent (70%); f. Percentage by weight of weed seed; g. Name and number of noxious weed seed per pound, if present; and h. Percentage of germination and hard seed (if appropriate) of each kind or kind and variety named and date of test. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 38, sec. 3, effective July 15, 2016. -- Created 1994 Ky. Acts ch. 370, sec. 3, 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).

KRS 250.051 Permits for labeling -- Fees -- Registration

250.051. Permits for labeling -- Fees -- Registration (1) The following shall apply with regard to permits for labeling: (a) 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; (b) Each person who labels vegetable seed, flower seed, or combination mulch, seed, and fertilizer product shall obtain a labeling permit from the director; (c) 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 (d) 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. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 38, sec. 4, effective July 15, 2016. -- Created 1994 Ky. Acts ch. 370, sec. 4, 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).

KRS 250.061 Recordkeeping requirements

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. Effective: April 8, 1994 History: Created 1994 Ky. Acts ch. 370, sec. 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).

KRS 250.071 Unlawful acts

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: (a) 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; (b) Consisting of or containing prohibited noxious weed seed; (c) 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; (d) 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; (e) Containing more than two percent (2%) by weight of all weed seed; or (f) 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. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 38, sec. 5, effective July 15, 2016. -- Created 1994 Ky. Acts ch. 370, sec. 6, 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).

KRS 250.081 Duties and powers of director -- Authority for administrative regulations

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: (a) To enforce and administer the provisions of KRS 250.021 to 250.111. (b) 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. (c) To prescribe, amend, adopt, and publish after public hearing following due public notice, administrative regulations governing: 1. The certification process. a. Administrative regulations governing what crops grown in Kentucky shall be eligible for certification; the conduct of certification, and standards, requirements, and forms for certification. b. 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. c. 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: (a) 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. (b) 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. (c) 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. (d) 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. (e) 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. (f) 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. (g) 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. (h) Cooperate with the United States Department of Agriculture and other agencies in seed law enforcement. (i) Reduce the certification requirements for seed in emergency situations to ensure adequate supplies of seed to Kentucky farmers. (j) 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. Effective: April 8, 1994 History: Created 1994 Ky. Acts ch. 370, sec. 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).

KRS 250.091 Annual free test for Kentucky citizens

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)." Effective: April 8, 1994 History: Created 1994 Ky. Acts ch. 370, sec. 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).

KRS 250.101 Immunity of experiment station from liability of certifying agencies

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. Effective: April 8, 1994 History: Created 1994 Ky. Acts ch. 370, sec. 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).

KRS 250.111 Actions for violations of KRS 250.021 to 250.111 -- Informal hearing -- Injunctions

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. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 318, sec. 165, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 370, sec. 10, 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).

KRS 250.355 Testing of hemp plants, plant parts, and materials for compliance with KRS 260.850 to 260.869

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. Effective: February 10, 2020 History: Amended 2020 Ky. Acts ch. 1, sec. 1, effective February 10, 2020. -- Created 2017 Ky. Acts ch. 45, sec. 11, effective March 20, 2017. Legislative Research Commission Note (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.

KRS 250.361 Administration of KRS 250.371 to 250.451

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. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 191, sec. 1, effective July 13, 1984.

KRS 250.366 Definitions for KRS 250.361 to 250.451

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: (a) Contains important quantities of no more than one (1) of the primary plant nutrients: nitrogen (N), phosphorus (P) and potassium (K); or (b) Has eighty-five percent (85%) or more of its plant nutrient content present in the form of a single chemical compound; or (c) 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: 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 phosphorus (P) ----- percent Soluble potassium (K) ----- percent 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. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 331, sec. 1, effective July 15, 1994. -- Created 1984 Ky. Acts ch. 191, sec. 2, effective July 13, 1984.

KRS 250.371 Registration of brand and grade -- Exceptions

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: (a) The net weight of packages; (b) The brand and grade; (c) The guaranteed analysis; and (d) 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. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 331, sec. 2, effective July 15, 1994. -- Created 1984 Ky. Acts ch. 191, sec. 3, effective July 13, 1984.

KRS 250.372 Preemption of local legislation regulating fertilizer

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: (a) 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; (b) Abrogate the planning and zoning authority granted local government pursuant to KRS Chapter 100; or (c) Waive any reporting requirement established by state or federal law or regulation. Effective: June 26, 2007 History: Created 2007 Ky. Acts ch. 17, sec. 2, effective June 26, 2007.

KRS 250.376 Labeling

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: (a) Net weight; (b) Brand and grade, except that the grade shall not be required when no primary nutrients are claimed; (c) Guaranteed analysis; and (d) 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. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 331, sec. 3, effective July 15, 1994. -- Created 1984 Ky. Acts ch. 191, sec. 4, effective July 13, 1984.

KRS 250.381 Inspection fee -- Quarterly statements

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. Effective: June 24, 2003 History: Amended 2003 Ky. Acts ch. 163, sec. 1, effective June 24, 2003. -- Amended 1994 Ky. Acts ch. 331, sec. 4, effective July 15, 1994. -- Created 1984 Ky. Acts ch. 191, sec. 5, effective July 13, 1984.

KRS 250.391 Analysis of fertilizers

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. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 331, sec. 6, effective July 15, 1994. -- Created 1984 Ky. Acts ch. 191, sec. 7, effective July 13, 1984.

KRS 250.396 Penalty for fertilizer deficiency

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. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 331, sec. 7, effective July 15, 1994. -- Created 1984 Ky. Acts ch. 191, sec. 8, effective July 13, 1984.

KRS 250.401 Determination and publication of commercial values

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. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 331, sec. 8, effective July 15, 1994. -- Created 1984 Ky. Acts ch. 191, sec. 9, effective July 13, 1984.

KRS 250.406 Distribution of misbranded fertilizer prohibited

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. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 191, sec. 10, effective July 13, 1984.

KRS 250.411 Distribution of adulterated fertilizer prohibited

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. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 191, sec. 11, effective July 13, 1984.

KRS 250.416 Publication of information by director

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. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 191, sec. 12, effective July 13, 1984.

KRS 250.421 Director to enforce statutes and regulations

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. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 191, sec. 13, effective July 13, 1984.

KRS 250.426 Deceptive practices prohibited

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. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 191, sec. 14, effective July 13, 1984.

KRS 250.431 Revocation or refusal of registration -- Appeal

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. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 318, sec. 166, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 331, sec. 9, effective July 15, 1994. -- Created 1984 Ky. Acts ch. 191, sec. 15, effective July 13, 1984.

KRS 250.436 "Stop sale, use, or removal" order

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. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 191, sec. 16, effective July 13, 1984.

KRS 250.441 Seizure of fertilizer

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. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 191, sec. 17, effective July 13, 1984.

KRS 250.446 Notice of violation -- Hearing -- Administrative sanctions -- Prosecution in court -- Injunctive relief

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. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 318, sec. 167, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 331, sec. 10, effective July 15, 1994. -- Created 1984 Ky. Acts ch. 191, sec. 18, effective July 13, 1984.

KRS 250.451 Sales or exchanges among distributors not restricted

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. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 331, sec. 11, effective July 15, 1994. -- Created 1984 Ky. Acts ch. 191, sec. 19, effective July 13, 1984.

KRS 250.461 Short title for KRS 250.361 to 250.451

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." Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 331, sec. 12, effective July 15, 1994. -- Created 1984 Ky. Acts ch. 191, sec. 22, effective July 13, 1984.

KRS 250.482 Definitions for KRS 250.483 to 250.488

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. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 602, effective July 15, 2010. -- Amended 2000 Ky. Acts ch. 233, sec. 1, effective July 14, 2000. -- Amended 1980 Ky. Acts ch. 188, sec. 235, effective July 15, 1980. -- Created 1958 Ky. Acts ch. 62, sec. 1.

KRS 250.483 Administrative regulations governing anhydrous ammonia

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. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 603, effective July 15, 2010. -- Amended 2000 Ky. Acts ch. 233, sec. 2, effective July 14, 2000. -- Amended 1976 Ky. Acts ch. 299, sec. 55. -- Created 1958 Ky. Acts ch. 62, sec. 2, effective June 19, 1958.

KRS 250.484 Installation and maintenance of equipment

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: Amended 1976 Ky. Acts ch. 299, sec. 56. -- Created 1958 Ky. Acts ch. 62, sec. 3, effective June 19, 1958.

KRS 250.486 Restrictions on handling anhydrous ammonia -- Registration

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. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 233, sec. 3, effective July 14, 2000. -- Amended 1976 Ky. Acts ch. 299, sec. 57. -- Amended 1960 Ky. Acts ch. 55, sec. 1, effective June 16, 1960. -- Created 1958 Ky. Acts ch. 62, sec. 4.

KRS 250.489 Possession of anhydrous ammonia in unapproved container prohibited -- Exceptions -- Affirmative defense

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. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 233, sec. 4, effective July 14, 2000.

KRS 250.491 Agricultural experiment station director to administer KRS 250.491 to 250.631

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. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 68, sec. 1, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 356, sec. 1, effective July 13, 1990. -- Created 1972 Ky. Acts ch. 24, sec. 2.

KRS 250.501 Definitions for KRS 250.491 to 250.631

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: (a) A mixture of two (2) or more commercial feeds; (b) A mixture of one (1) or more commercial feeds and one (1) or more feed ingredients; or (c) 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. secs. 301 et seq. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 68, sec. 2, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 356, sec. 2, effective July 13, 1990. -- Amended 1974 Ky. Acts ch. 283, sec. 1. -- Created 1972 Ky. Acts ch. 24, sec. 3.

KRS 250.511 Registration of commercial feed manufacturing facilities

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. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 68, sec. 3, effective July 15, 1996; and ch. 318, sec. 169, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 356, sec. 3, effective July 13, 1990. -- Created 1972 Ky. Acts ch. 24, sec. 4. 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.

KRS 250.521 Labeling required -- Content of label -- Commercial feed -- Customer- formula feed

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: (a) The product name and the brand name, if any, under which the commercial feed is distributed; (b) The guaranteed analysis stated in terms the 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; (c) 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; (d) The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed; (e) 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; (f) Warning or caution statements the director by administrative regulation determines are necessary for the safe and effective use of the commercial feed; and (g) A quantity statement of net content stated in accordance with the Federal Fair Packaging and Labeling Act, 15 U.S.C. secs. 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: (a) Name and address of the manufacturer; (b) Name and address of the purchaser; (c) Date of delivery; (d) 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; (e) 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 (f) Warning or caution statements the director by administrative regulation determines are necessary for the safe and effective use of the customer- formula feed. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 68, sec. 4, effective July 15, 1996. -- Created 1972 Ky. Acts ch. 24, sec. 5.

KRS 250.531 Misbranded commercial feeds

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. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 68, sec. 5, effective July 15, 1996. -- Created 1972 Ky. Acts ch. 24, sec. 6.

KRS 250.541 Adulterated commercial feeds

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: (a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an 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 (b) 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 (c) 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 (d) 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 (e) 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 (f) 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 (g) If it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for feed; or (h) 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 (i) 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 (j) 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 (k) 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: (a) If any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor; (b) If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling; (c) 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; (d) If it contains viable weed seeds in amounts exceeding the limits which the director shall establish by administrative regulation; or (e) If its labeling would deceive or mislead the purchaser with respect to its composition or suitability. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 68, sec. 6, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 356, sec. 4, effective July 13, 1990. -- Created 1972 Ky. Acts ch. 24, sec. 7.

KRS 250.551 Prohibited acts

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. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 68, sec. 7, effective July 15, 1996; and ch. 318, sec. 168, effective July 15, 1996. -- Created 1972 Ky. Acts ch. 24, sec. 8. 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.

KRS 250.561 Inspection fee

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: (a) No fee shall be paid on a commercial feed if the payment has been made by a previous distributor; (b) 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; (c) 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; (d) 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; (e) 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 (f) 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: (a) 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 (b) 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. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 68, sec. 8, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 346, sec. 1, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 356, sec. 5, effective July 13, 1990. -- Created 1972 Ky. Acts ch. 24, sec. 9.

KRS 250.571 Director to promulgate administrative regulations -- Notice

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: (a) 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 (b) Any regulation promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. secs. 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. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 68, sec. 9, effective July 15, 1996. -- Created 1972 Ky. Acts ch. 24, sec. 10.

KRS 250.581 Officers and employees authorized to enter premises and make inspections -- Taking and disposition of samples -- Notification

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. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 68, sec. 10, effective July 15, 1996. -- Created 1972 Ky. Acts ch. 24, sec. 11.

KRS 250.591 "Withdrawal from distribution" orders -- Condemnation and confiscation

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. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 68, sec. 11, effective July 15, 1996. -- Created 1972 Ky. Acts ch. 24, sec. 12.

KRS 250.601 Violations of KRS 250.491 to 250.631 -- Hearings -- Prosecution by county attorney -- Injunction -- Judicial review -- Protection of trade secrets

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. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 502, sec. 1, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 68, sec. 12, effective July 15, 1996; and ch. 318, sec. 170, effective July 15, 1996. -- Created 1972 Ky. Acts ch. 24, sec. 13. Legislative Research Commission Note (7/15/96). This section was amended by 1996 Ky. Acts chs. 68 and 318 which are in conflict. Under KRS 446.250, Acts ch. 318, which was last enacted by the General Assembly, prevails.

KRS 250.611 Cooperation with other governmental agencies

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. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 68, sec. 13, effective July 15, 1996. -- Created 1972 Ky. Acts ch. 24, sec. 14.

KRS 250.621 Director to publish annual reports

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. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 68, sec. 14, effective July 15, 1996. -- Created 1972 Ky. Acts ch. 24, sec. 15.

KRS 250.631 Short title

250.631. Short title KRS 250.491 to 250.631 may be cited as the Kentucky Commercial Feed Law of 1972. History: Created 1972 Ky. Acts ch. 24, sec. 1.

KRS 250.650 Definitions for KRS 250.650 to 250.720

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. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 160, sec. 1, effective June 16, 1960.

KRS 250.660 Limestone business owner required to register -- Fees -- Process agent for nonresident

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. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 160, sec. 2, effective June 16, 1960.

KRS 250.670 Power to promulgate regulations and standards

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. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 160, sec. 3, effective June 16, 1960.

KRS 250.680 Personnel

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. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 160, sec. 4, effective June 16, 1960.

KRS 250.690 Inspection powers

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. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 160, sec. 5, effective June 16, 1960.

KRS 250.700 Grounds for revocation of registration

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: Amended 1968 Ky. Acts ch. 152, sec. 131 -- Created 1960 Ky. Acts ch. 160, sec. 6.

KRS 250.710 Notice and hearing after refusal to grant or revocation of registration -- Appeal

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. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 318, sec. 171, effective July 15, 1996. -- Amended 1980 Ky. Acts ch. 114, sec. 54, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 315, sec. 34. -- Amended 1968 Ky. Acts ch. 152, sec. 132. -- Created 1960 Ky. Acts ch. 160, sec. 7.

KRS 250.720 Disposition of fees and fines

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: Amended 1968 Ky. Acts ch. 152, sec. 133. -- Created 1960 Ky. Acts ch. 160, sec. 8.

KRS 250.990 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. Effective: June 24, 2003 History: Amended 2003 Ky. Acts ch. 163, sec. 2, effective June 24, 2003. -- Amended 2000 Ky. Acts ch. 502, sec. 2, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 318, sec. 173, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 370, sec. 14, effective April 8, 1994. – Amended 1992 Ky. Acts ch. 200, sec. 6, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 356, sec. 6, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 191, sec. 20, effective July 13, 1984. -- Amended 1972 Ky. Acts ch. 24, sec. 16. -- Amended 1954 Ky. Acts ch. 233, sec. 11(1), effective July 1, 1954. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 42h-6, 1376b-24, 1719a-9, 1719a-10, 1822-4, 1822-9.

KRS 250.991 Penalties for violation of anhydrous ammonia provisions

250.991. Penalties for violation of anhydrous ammonia provisions (1) Except as provided in KRS 250.489 or 250.4892, any person who violates any provision of KRS 250.482 to 250.488 shall be fined not more than five hundred dollars ($500). (2) Any person who knowingly possesses anhydrous ammonia in a container other than an approved container in 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. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 233, sec. 7, effective July 14, 2000. -- Created 1958 Ky. Acts ch. 62, sec. 5, effective June 19, 1958.

KRS 250.992 Penalties for agricultural limestone violations

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. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 160, sec. 9, effective June 16, 1960.

KRS 250.4892 Tampering with anhydrous ammonia equipment prohibited

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. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 233, sec. 5, effective July 14, 2000.

KRS 250.4894 No cause of action for damages incurred while tampering with anhydrous ammonia equipment

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. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 233, sec. 6, effective July 14, 2000.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38453Fetched: 10/20/2026