Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
250.021,
250.031,
250.041,
250.051,
250.061,
250.071,
250.081,
250.091,
250.101,
250.111
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
250.081(1)(c) 7 requires the
director of the Agricultural Experiment Station to establish 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. This administrative
regulation establishes the procedures to obtain a permit to label agricultural
seed, the responsibilities of permit holders, the method that shall be used to
determine inspection fees, and the procedures for payment of fees for the
distribution of agricultural seed.
Section
1. Obtaining Permits.
(1)
Application for permits to label agricultural seed shall be made on Form
RS-68-01, Application for Permit for User to Provide Own Labels for
Agricultural Seed and Mixtures of Agricultural Seed Sold in Kentucky.
(2) Application for permits to label
vegetable seed, flower seed, or combination mulch, seed and fertilizer products
shall be made on Form RS-68-02, Application for Permit for User to Provide Own
Labels for Vegetable Seed, Flower Seed, or Combination Mulch, Seed and
Fertilizer Products Sold in Kentucky.
Section 2. Reporting Sales.
(1) A person who has been granted a permit to
label agricultural seed under Section 1 of this administrative regulation
shall:
(a) Submit semi-annual reports on Form
RS-63-02, Seed Semi-annual Report; and
(b) Pay a labeling and inspection fee
determined on the basis of quantity of seed sold and on the fee schedule
established in Section 3 of this administrative regulation.
(2)
(a) Semi-annual shall be from January through
June and July through December.
(b)
An added assessment of twenty-five (25) dollars or ten (10) percent of the
unpaid fee, whichever is greater, shall be made for each seed semi-annual
report received more than forty-five (45) days after the reporting period
ends.
Section
3. Labeling and Inspection Fee. The labeling and inspection fee
for agricultural seed permit holders shall be:
(1) For packages weighing one (1) pound and
up to and including twenty-five (25) pounds: eight (8) cents per
package;
(2) For packages or units
of seed in excess of twenty-five (25) pounds in weight and up to and including
100 pounds: twelve (12) cents per package or unit.
(a) A unit of corn shall be 80,000
seeds.
(b) A unit of soybeans shall
be 140,000 seeds; and
(3) For packages in excess of 100 pounds and
seed distributed in bulk:
(a) Twenty-four (24)
cents per 100 pounds; or
(b) Twelve
(12) cents per unit.
Section 4. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Application for Permit for
User to Provide Own Labels for Agricultural Seed and Mixtures of Agricultural
Seed Sold in Kentucky", RS-68-01, 6/13;
(b) "Application for Permit for User to
Provide Own Labels for Vegetable Seed, Flower Seed, or Combination Mulch, Seed,
and Fertilizer Products Sold in Kentucky", RS-68-02, 6/13; and
(c) "Seed Semi-Annual Report", RS-63-02,
8/16.
(2) This material
may be inspected, copied, or obtained, subject to applicable copyright law, at
the Division of Regulatory Services, 103 Regulatory Services Building,
University of Kentucky, Lexington, Kentucky 40546-0275, Monday through Friday,
8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
250.081
