Current through Register Vol. 50, No. 9, March 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
secretary of the Cabinet for Health and Family Services to promulgate
administrative regulations necessary to operate the programs and fulfill the
responsibilities vested in the cabinet.
KRS
217C.070 requires the secretary to appoint a
Milk Advisory Committee and requires the procedures for selection of advisory
nominees to be in accordance with the administrative regulations of the
secretary. This administrative regulation establishes procedures for the
selection of nominees for appointment to the Milk Advisory Committee.
Section 1. Procedure for the Selection of
Nominees. The secretary shall appoint:
(1)
Three (3) processors or representatives thereof, from nominations received
from:
(a) An organization representing
processors in Kentucky, which may nominate two (2) candidates for each of the
three (3) positions; or
(b) An
individual processor, who may submit his or her own name for consideration for
appointment;
(2) Three
(3) producers or representatives thereof, from nominations received from:
(a) An organization representing milk
producers in Kentucky, which may nominate two (2) candidates for each position;
or
(b) An individual milk producer,
who may submit his or her own name for consideration for appointment;
and
(3) Two (2) citizens
at large to represent consumers, from nominations received from an organization
that represents consumers in Kentucky, which:
(a) May submit two (2) names for each
position for consideration for appointment; and
(b) Shall not nominate an individual who is
directly connected with the producing, processing, or distribution of dairy
products.
Section
2. Purpose and Operating Procedure.
(1) The milk advisory committee shall:
(a) Advise the department on matters
pertaining to the Grade A Milk Industry or the milk-for-manufacturing industry,
respectively;
(b) Provide the
department with technical review and comment on proposed new department
administrative regulations or amendments to existing administrative
regulations; and
(c) Provide the
department with other advice and direction as necessary.
(2)
(a)
Members shall elect the chairperson and vice chairperson of the committee.
(b) The terms of the chairperson
and vice chairperson shall be two (2) years unless:
1. Their terms on the committee expire and
they are not reappointed;
2. A
resignation of the chairperson or vice chairperson occurs; or
3. An additional election is called for by a
majority vote of the committee members, in which the chairperson and vice
chairperson may be eligible for reelection.
(3) The committee shall meet at least
semiannually and on other occasions:
(a) As
necessary;
(b) On call of the
chairperson; or
(c) Upon request of
the secretary.
(4) The
meeting place and time shall be announced a minimum of five (5) days prior to a
meeting.
(5) A total of five (5) of
the eight (8) committee members shall constitute a quorum.
(6) A member may call a special meeting with
the written endorsement of at least four (4) other committee members.
(7) The chairperson shall preside at all
committee meetings and appoint subcommittees.
(8) The vice chairperson shall preside over
committee meetings in the absence of the chairperson and serve as chairperson
if the position is vacated until a new chairperson is elected by the
members.
(9) If the chairperson and
vice chairperson are absent from a regular or special meeting of the committee,
the committee shall choose a committee member to function as chairperson of
that meeting.
