Current through Register Vol. 50, No. 6, December 1, 2023
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
246.250(7) requires the
department to promulgate administrative regulations carry out the provisions of
KRS
246.250. This administrative regulation
establishes requirements for state-supported purebred dairy cattle shows and
sales.
Section 1. General Requirements
for Shows and Sales.
(1) All animals exhibited
in the show shall be consigned and sold in the sale.
(2) More than two (2) bulls shall not be
consigned to a show and sale.
(a) Young bulls
that have not been proved shall have a pedigree showing that they are out of
dams having milk and butterfat production records exceeding the national breed
average by at least sixty (60) percent and classified very good or
better.
(b) Sires of young bulls
shall be at least plus proven for milk and butterfat.
(3) Each cooperating agency shall select, in
cooperation with the department, an auctioneer and sales manager experienced in
conducting sales of national scope.
(4) The judge or judges for the show shall be
of national prominence and selected in cooperation with the
department.
(5) All cows entered in
the show and sale shall be sired by plus proven sires or sons of plus proven
sires. Plus for milk, fat, or dollars shall qualify a sire.
(6) All cows over three (3) years of age and
entered in the show and sale shall be of "very good" or "excellent" type either
officially or in the opinion of the individual making the selection.
Nonclassified two (2) year old cows and uncalved heifers shall qualify by being
from dams that are officially classified "very good" or "excellent" or from
dams classifying less than "very good" or "excellent" or from dams classifying
less than "very good" with production records fifty (50) percent above breed
average.
(7) Animals considered
unsound in any manner shall not be accepted by show and sale
officials.
(8) The cooperating
agency shall prepare and present to the department records pertaining to the
show and sale prior to final settlement on advertising.
(9) The records established in subsection (8)
of this section shall include:
(a) A record of
the transfer of ownership of each animal from the breed association;
(b) A list of consignors, animals sold,
premiums awarded, selling price, and name and address of purchaser;
(c) Sample copies of printed advertisements
and promotional material and copies of invoices covering advertising costs;
and
(d) Financial statement showing
the total receipts and disbursements for the event.
(10) Dates for state-supported purebred shows
and sales shall be selected in cooperation with the department and shall not
conflict with similar events. Consideration shall be given to marketing
patterns, seasons, and the possibility of tying the show and sale in with other
major national and state activities.
(11) The location of these national events
shall be selected in cooperation with the department after consideration is
given to:
(a) Facilities for showing and
selling high quality cattle;
(b)
Housing accommodations for exhibitors and buyers;
(c) Transportation, air travel, and highway
network;
(d) Arrangements for
handling online bids; and
(e) Added
attractions in the area.
(12) Show and sale planning committees
appointed by each state breed association shall include a representative of the
Department of Agriculture's Livestock Show Program and representatives of the
national and state breed association. Representatives from other groups and
organizations, such as Chamber of Commerce, tourist commission, and farm
organizations shall be added to the committees if they are willing and able to
make a contribution to the success of the show and sale. The committee chairman
and other officers for the event shall be elected by the committee.
(13) All persons attending a consignment show
or sale do so at their own risk.
(14) All records on pedigree information
shall cover at least the three (3) preceding generations (including the
consignment) and be presented to the show and sale officials at
consignment.
(15)
(a) The cooperating agency may charge an
entry fee up to but not to exceed the amount of premium offered by the
department.
(b) A sales commission
may be charged by the cooperating agency to cover the actual cost of the sale,
but in no case shall the commission exceed twenty-five (25) percent of the
gross sales.
(16) Sales
practices and procedures established based on breed by the Purebred Dairy
Cattle Association shall apply as minimum requirements to all matters
pertaining to the sale not otherwise covered by this administrative regulation
or
KRS
246.250.
Section 2. Terms and Conditions of Sale.
(1) Terms of the sale in addition to those
established based on breed by the Purebred Dairy Cattle Association shall be
established by the cooperating agency with the approval of the
department.
(2) The auctioneer
shall be responsible for settling disputes as to bids, and his or her decision
shall be final.
(3) All payments
shall be made to the individual designated by the cooperating agency.
(4) The purchaser shall assume all risk for
animals as soon as they are struck off. The cooperating agency shall care for
the animals free of charge for a period of at least twenty-four (24)
hours.
(5) Arrangements shall be
made by the cooperating agency for adjustments or refunds on sales that fail to
comply with rules and this administrative regulation.
Section 3. Health Requirements.
(1) All animals consigned to the show and
sale shall comply with 302 KAR Chapter 20. 302 KAR Chapter 22 shall be
published in the catalog.
(2) All
records qualifying animals for the show and sale must be presented to the
cooperating agency or their representatives when the entry is made.
Section 4. Catalog Requirements.
(1) The consignment show and sale catalog
shall be prepared by the sales committee and shall contain a list of all show
classes and the premiums allocated in addition to the information pertaining to
the sale. Show classes shall comply with the standards based on breed
established by the Purebred Dairy Cattle Association.
(2) Each animal listed for sale in the
catalog shall be identified in as much detail as possible. All production
records along with the pedigree and other information relating to its breeding
and show honors shall be listed.
(3) Both consignor and breeder shall be
listed on the pedigree of each animal in the catalog.
(4) The names of consignors and lot number of
the animals they consign shall be given.
(5) The catalog shall contain information on:
(a) Location of show and sale
headquarters;
(b) Shipping
arrangements;
(c) Provisions for
handling wire and mail bids;
(d)
Sponsors; and
(e) Educational
activities.
Section
5. Advertising Requirements.
(1)
All advertising for shows and sales shall be planned and contracted in
cooperation with the department, and all shows and sales shall be advertised as
state-supported events cosponsored by the national and state associations and
the department.
(2) The cost of the
show and sale catalog may be considered advertising costs to be paid by the
department and may be considered as a sale expense.
AGR:FS:20; 1 Ky.R.
1023; eff. 6-11-75; Am. 16 Ky.R. 1961; eff. 5-8-90; Crt eff. 2-18-2020; 46
Ky.R. 1617; eff. 2-26-2020.