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.

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 Ky. Acts ch. 1. -- Created 1972 Ky. Acts ch. 24, sec. 3.

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 customerformula 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.

250.521 Labeling required -- Content of label -- Commercial feed -- Customerformula 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 customerformula 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.

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.

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.

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.

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. -- Amended 1990 Ky. Acts ch. 356, sec. 5, effective July 13, 1990. -- Created 1972 Ky. Acts ch. 24, sec. 9.

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.

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.

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.

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.

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.

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.

250.990 Penalties.

1. Any person who violates any of the provisions of KRS 250.021 to 250.111 and 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: July 14, 2000
History: 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. -- 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.