STOCKYARDS

KRS tit. XXI, ch. 261

in effect

KRS 261.200 Definitions for chapter

261.200. Definitions for chapter As used in this chapter, unless the context requires otherwise: (1) "Department" means the Kentucky Department of Agriculture; (2) "Commissioner" means the Commissioner of Agriculture; (3) "Board" means the State Board of Agriculture; (4) "Stockyard" means a facility regulated by: (a) The United States Secretary of Agriculture under the Packers and Stockyards Act, 1921 (42 Stat. 159), as amended, and regulations promulgated under these statutes by the Secretary of Agriculture; or (b) The department under this chapter and administrative regulations promulgated under this chapter. A stockyard includes any place, establishment, or facility commonly known as a stockyard, which is conducted, operated, or managed for profit or nonprofit as a public market for livestock producers, feeders, market agencies, and buyers, consisting of pens or other enclosures and their appurtenances, in which livestock are received, held, or kept for sale or shipment in commerce; (5) "Buying station" means a facility that is conducted, operated, or managed as a private livestock market that offers stockyard services; (6) "Stockyard services" means services or facilities furnished at a stockyard or buying station in connection with the: (a) Receiving, buying, or selling of livestock in commerce on a commission basis or otherwise; or (b) Marketing, feeding, watering, holding, delivering, shipping, weighing, or handling of livestock in commerce; (7) "Owner or operator" means persons responsible for the operation of each individual stockyard or buying station; (8) "Market agency" means a person engaged in the business of: (a) Buying or selling livestock in commerce on a commission basis; or (b) Furnishing stockyard services; (9) "Livestock dealer" means any person, not a market agency, who: (a) Is regularly engaged in the business of buying or selling livestock in commerce, either on his or her own account or as the employee or agent of the vendor or purchaser; or (b) Owns or operates a buying station; and (10) "Livestock" means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or other animals of the bovine, ovine, porcine, caprine, equine, or camelid species. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 129, sec. 26, effective June 29, 2017. -- Amended 2012 Ky. Acts ch. 28, sec. 1, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 225, sec. 2, effective July 12, 2006. -- Created 1954 Ky. Acts ch. 130, sec. 1, effective June 17, 1954. Legislative Research Commission Note. Pursuant to Acts 1962, ch. 139, sec. 2, the reviser has substituted "department of agriculture" for "department of agriculture, labor and statistics" in this chapter.

KRS 261.210 Enforcement and administration by department -- Administrative regulations

261.210. Enforcement and administration by department -- Administrative regulations The department shall administer and enforce the provisions of this chapter and shall promulgate administrative regulations necessary to carry out the provisions of this chapter. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 225, sec. 3, effective July 12, 2006. -- Created 1954 Ky. Acts ch. 130, sec. 2, effective June 17, 1954. Legislative Research Commission Note. Pursuant to Acts 1962, ch. 139, sec. 2, the reviser has substituted "department of agriculture" for "department of agriculture, labor and statistics" in this chapter.

KRS 261.220 Employment of inspectors and other personnel

261.220. Employment of inspectors and other personnel The Commissioner, with the specific approval of the board, shall employ such inspectors and other employees as are necessary for the enforcement of this chapter. Their duties shall be prescribed by the Commissioner and their compensation shall be determined under the provisions of KRS 64.640. Effective: June 17, 1954 History: Created 1954 Ky. Acts ch. 130, sec. 3, effective June 17, 1954.

KRS 261.230 Licenses to operate business of stockyard or buying station -- Application - - Fee -- Stockyards to annually identify and verify dealers

261.230. Licenses to operate business of stockyard or buying station -- Application - - Fee -- Stockyards to annually identify and verify dealers (1) The owner or operator of a stockyard or buying station shall file annually with the department an application for a license to operate the business under the provisions of this chapter. The applications shall be made on forms furnished by the department and shall state fully and correctly the nature of business to be conducted at the stockyard or buying station, the correct location and post office address, and any other additional information the department may require in accordance with the provisions of this chapter. (2) The owner or operator of each stockyard or buying station shall pay on or before July 1 of each year a license fee of twenty-five dollars ($25) plus ten dollars ($10) for each scale. (3) In the case of transfer of ownership of a stockyard or buying station by purchase or otherwise, a new application shall be filed with the department and a new license procured by the new owner or operator before operation may continue. (4) In instances where two (2) or more stockyards or buying stations are owned and operated by the same person, a separate application for a license shall be filed and an individual license procured for each stockyard or buying station. (5) Each stockyard shall annually identify all dealers that conduct business within the stockyard and shall verify that the dealers are properly licensed and bonded. (6) Before issuing a license, the department shall determine that the applicant has satisfactorily complied with the provisions of this chapter, with the applicable provisions of KRS Chapter 257, and with the Packers and Stockyards Act, 7 U.S.C. secs. 181-229b. (7) The department may refuse to grant, or may revoke or suspend, any license issued under the provisions of this chapter for any violation of the provisions of this chapter, any applicable provision of KRS Chapter 257, or any applicable provision of the Packers and Stockyards Act, 7 U.S.C. secs. 181-229b. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 28, sec. 2, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 225, sec. 4, effective July 12, 2006. -- Amended 1960 Ky. Acts ch. 232, sec. 1. -- Created 1954 Ky. Acts ch. 130, sec. 4.

KRS 261.235 Licensure of market agencies

261.235. Licensure of market agencies (1) No person shall engage in the business of being a market agency without having first obtained a license from the department. Application for a license shall be made on a form provided by the department and accompanied by a fee of ten dollars ($10), payable to the Kentucky State Treasurer. The license shall expire on December 31 and shall be renewed annually. (2) The terms and conditions for the licensure of market agencies shall be established by administrative regulation promulgated by the department. (3) If the department determines that a person is required to be licensed both as a dealer and a market agency, then that person shall be required to pay for only one (1) license, but shall be required to obtain both licenses and comply with the requirements of both licenses. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 28, sec. 9, effective July 12, 2012.

KRS 261.240 Monthly reports of livestock received and sold

261.240. Monthly reports of livestock received and sold The owner or operator of each stockyard or buying station shall file with the department, at the beginning of each month, a sworn statement showing the exact number of livestock received and sold at that stockyard or buying station during the preceding month. The statements shall be made on forms furnished by the department. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 28, sec. 3, effective July 12, 2012. -- Created 1954 Ky. Acts ch. 130, sec. 5, effective June 17, 1954.

KRS 261.250 Stockyard or buying station owner or licensee to cooperate with representatives of department

261.250. Stockyard or buying station owner or licensee to cooperate with representatives of department Each stockyard or buying station owner or licensee shall, during ordinary business hours, permit any authorized representative of the department to enter his or her place of business and inspect any or all property in his or her possession or control, and all records pertaining to the business of the stockyard or buying station owner or licensee, and make copies of the records. Any necessary facilities for the inspection shall be extended to the representative by the stockyard or buying station owner or licensee. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 28, sec. 4, effective July 12, 2012. -- Created 1954 Ky. Acts ch. 130, sec. 6, effective June 17, 1954.

KRS 261.260 Surety bond or other security instrument or agreement

261.260. Surety bond or other security instrument or agreement (1) The owner or operator of any stockyard or buying station, any market agency, or any livestock dealer who is required to execute and maintain a surety bond or other security instrument or agreement in compliance with standards set out in the Packers and Stockyards Act, 7 U.S.C. secs. 181-229b, or regulations promulgated under the Act shall forward a copy of the bond or other security instrument or agreement to the department. (2) The owner or operator of any stockyard or buying station, any market agency, or any livestock dealer who is not required to file a surety bond or other security instrument or agreement under requirements in the Packers and Stockyards Act, 7 U.S.C. secs. 181-229b, or the regulations promulgated under the Act, shall file with the department a surety bond issued by a surety company authorized to transact business within the Commonwealth of Kentucky, payable to the Commonwealth with the Commissioner as trustee, or other security instrument or agreement required by the Commissioner. The terms, conditions, and amount of the bond or other security instrument or agreement shall be determined by administrative regulation. (3) In instances where two (2) or more stockyards or buying stations are owned and operated by the same person, each affiliated stockyard or buying station shall be required to show proof of credit worthiness independent of the other affiliates and shall be required to meet the provisions of subsection (1) or (2) of this section. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 28, sec. 5, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 225, sec. 5, effective July 12, 2006. -- Created 1954 Ky. Acts ch. 130, sec. 7, effective June 17, 1954.

KRS 261.270 Scales to be certified and tested

261.270. Scales to be certified and tested All scales used in stockyards or buying stations shall be certified. The scales shall be tested at least every six (6) months by a scale agency approved by the department. Certification of the scales shall be exhibited before issuance or renewal of any stockyard or buying station license. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 28, sec. 6, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 225, sec. 6, effective July 12, 2006. -- Created 1954 Ky. Acts ch. 130, sec. 8, effective June 17, 1954.

KRS 261.280 Fraudulent manipulation of scales prohibited

261.280. Fraudulent manipulation of scales prohibited It shall be unlawful for any weighman to misweigh or falsely report any weights or to otherwise fraudulently manipulate scales to produce a weight other than the true and actual weight of any livestock consigned to and sold at any stockyard or buying station. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 28, sec. 7, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 225, sec. 7, effective July 12, 2006. -- Created 1954 Ky. Acts ch. 130, sec. 9, effective June 17, 1954.

KRS 261.300 Payment of fees into revolving fund

261.300. Payment of fees into revolving fund All license fees and all other fees collected under this chapter shall be paid into the State Treasury to the credit of a revolving fund for the use of the department in defraying the expense of enforcing the provisions of this chapter and in conjunction with other funds made available for the enforcement of the provisions outlined in KRS Chapter 257. Effective: June 17, 1954 History: Created 1954 Ky. Acts ch. 130, sec. 11, effective June 17, 1954.

KRS 261.320 Selection of veterinarian

261.320. Selection of veterinarian If the owner or operator of any licensed stockyard in this state is required by law or shall have any reason to utilize the services of a veterinarian, the veterinarian shall be chosen by the owner or operator of the stockyards, and may be relieved of his duties at the pleasure of the owner or operator. Any veterinarian so employed shall be licensed by the Kentucky Board of Veterinary Examiners and accredited by the United States Department of Agriculture. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 225, sec. 8, effective July 12, 2006. -- Created 1958 Ky. Acts ch. 107, sec. 1, effective June 19, 1958.

KRS 261.350 Payment for livestock purchased by market agencies or livestock dealers

261.350. Payment for livestock purchased by market agencies or livestock dealers Payment for livestock purchased by market agencies or livestock dealers shall be made in full compliance with requirements under the Packers and Stockyards Act, 7 U.S.C. secs. 181-229b and regulations promulgated thereto. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 225, sec. 9, effective July 12, 2006. -- Created 1974 Ky. Acts ch. 1(1) to (4).

KRS 261.360 Insurance of livestock

261.360. Insurance of livestock Stockyards and buying stations shall carry insurance on all livestock while the livestock are kept at the stockyards or buying stations in order to ensure that the livestock will be insured against injury or loss caused by catastrophic peril such as fire, windstorm, or similar occurrence. Effective: July 12, 2006 History: Created 2006 Ky. Acts ch. 225, sec. 1, effective July 12, 2006.

KRS 261.370 Exceptions to provisions of this chapter

261.370. Exceptions to provisions of this chapter No provision of KRS Chapter 261 shall be construed as applicable to: (1) A person who offers for sale or trade only livestock which he has owned or has in his possession for a period of thirty (30) days or longer and who is not regularly engaged in the business of buying, selling, trading, or negotiating the transfer of livestock; (2) A person who purchases only livestock for feeding or breeding purposes and retains said livestock in his possession for a period of thirty (30) days or longer and who is not regularly engaged in the business of buying, selling, trading, or negotiating the transfer of livestock; (3) A person engaged in the business of buying and slaughtering livestock for food and in marketing the meat products therefrom, provided all animals purchased are slaughtered; (4) A person engaged in the purchase or sale of livestock used exclusively for exhibition or entertainment purposes in the pursuit of a hobby; and (5) A person engaged in sales conducted by or for FFA and 4-H groups; county, state, or private fairs or shows; and breed or livestock associations. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 28, sec. 10, effective July 12, 2012. -- Repealed, reenacted, and amended 2006 Ky. Acts ch. 225, sec. 12, effective July 12, 2006. -- Created 1972 Ky. Acts ch. 277, sec. 2. Formerly codified as KRS 257.520.

KRS 261.375 License required -- Renewal, records of transactions -- Violations -- License revocation or suspension

261.375. License required -- Renewal, records of transactions -- Violations -- License revocation or suspension (1) No person shall engage in the business of being a livestock dealer without having first obtained a license from the department. Application for a license shall be made on a form provided by the department and accompanied by a fee of ten dollars ($10), payable to the Kentucky State Treasurer. The license shall expire on December 31 and shall be renewed annually. (2) Any livestock dealer shall maintain records of all transactions conducted by him for the next preceding two (2) year period, including the names and addresses of persons from whom he has purchased or to whom he has sold livestock and the date of the transactions, and make the records available to department representatives upon request, but shall not be required to maintain or furnish records or information as to the amount paid or received for any head of livestock. (3) The following acts by any livestock dealer shall be violations of this chapter and may result in a license being revoked or suspended by the Commissioner of Agriculture: (a) Failing to maintain the records required under subsection (2) of this section; (b) Failing to provide access to department representatives of records; (c) Buying or selling livestock under an assumed name or address; and (d) Violating of any valid administrative regulation or statute governing disease control. (4) If the Commissioner has reasonable cause to believe any provision of this chapter is being or has been violated by any livestock dealer, the Commissioner shall notify the livestock dealer that his license may be suspended or revoked. Effective: July 12, 2006 History: Repealed, reenacted, and amended 2006 Ky. Acts ch. 225, sec. 13, effective July 12, 2006. -- Amended 1996 Ky. Acts ch. 318, sec. 183, effective July 15, 1996. - - Amended 1982 Ky. Acts ch. 310, sec. 1, effective July 15, 1982. -- Amended 1976 Ky. Acts ch. 167, sec. 1. -- Created 1972 Ky. Acts ch. 277, sec. 3. Formerly codified as KRS 257.530.

KRS 261.380 Restriction on administrative regulations

261.380. Restriction on administrative regulations Notwithstanding any provision of the law to the contrary, the Department of Agriculture shall not enact any administrative regulations prohibiting the rights of buyers of any livestock to purchase the livestock. Effective: July 12, 2006 History: Repealed, reenacted, and amended 2006 Ky. Acts ch. 225, sec. 14, effective July 12, 2006. -- Created 1976 Ky. Acts ch. 167, sec. 3. Formerly codified as KRS 257.540.

KRS 261.990 Penalties -- Stop-movement order -- Action to recover fees

261.990. Penalties -- Stop-movement order -- Action to recover fees (1) Any person who violates any provision of this chapter or any administrative regulation promulgated under this chapter, or who refuses to pay the fees required in this chapter, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or shall be imprisoned for not more than three (3) months, or both. (2) In determining the fine for violations of KRS 261.350, each head of livestock that is not paid for in compliance with that section shall be considered a separate offense. (3) In addition to the penalties provided in subsection (1) of this section, the Commissioner of Agriculture may issue a stop-movement order on livestock to any person required to be licensed or bonded under this chapter who: (a) Sells, buys, or otherwise markets livestock without a dealer or market agency license; (b) Sells or otherwise markets livestock without a current bond or other security instrument or agreement in the sufficient required amount on file with the department; or (c) Fails to remit or pay fines owed to the department. (4) The department or the Office of the Attorney General may recover fees or administrative penalties in a civil action brought by the Commonwealth of Kentucky. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 28, sec. 8, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 225, sec. 10, effective July 12, 2006. -- Amended 1974 Ky. Acts ch. 174, sec. 1(5). -- Created 1954 Ky. Acts ch. 130, sec. 13, effective June 17, 1954. History for Former KRS 261.990: Repealed 1950 Ky. Acts ch. 9, sec. 16. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 63d-11.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38497Fetched: 10/20/2026