302 Ky. Admin. Regs. 15:020

Current through Register Vol. 51, No. 4, October 1, 2024

Section 302 KAR 15:020 - Dairy cattle shows and sales

RELATES TO: KRS 246.250

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.

302 KAR 15:020

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.

STATUTORY AUTHORITY: KRS 246.250(7)