302 KAR 15:020. Dairy cattle shows and sales

Link to law: http://www.lrc.ky.gov/kar/302/015/020.htm
Published: 2015

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      302 KAR 15:020.

Dairy cattle shows and sales.

 

      RELATES TO: KRS

246.250

      STATUTORY

AUTHORITY: KRS 246.250

      NECESSITY,

FUNCTION, AND CONFORMITY: To establish 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) No exhibitor

may consign more than three (3) females and one (1) male or four (4) females to

the show and sale.

      (3) No more than

four (4) bulls may be consigned to a show and sale. Young bulls which have not

been proved must 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. Sires of young

bulls should be at least plus proven for milk and butterfat.

      (4) A minimum of

forty (40) animals shall be consigned to each event. Consignments must be made

from at least five (5) states.

      (5) Cosponsors

of state-supported shows and sales shall set the highest possible objectives

and plans for each event and, in almost all instances, they shall exceed those

set by the usual consignment sale.

      (6) Each

cooperating agency shall select, in cooperation with the department, an

auctioneer and sales manager experienced in conducting sales of national scope.

      (7) The judge or

judges for the show shall be of national prominence and selected in cooperation

with the department from approved lists that may be published by the breed

associations.

      (8) All females

entered in the show and sale must be sired by plus proven sires or sons of plus

proven sires. Plus for milk, fat, or dollars will qualify a sire.

      (9) All females

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 may 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.

      (10) Animals

considered unsound in any manner shall not be accepted by show and sale

officials.

      (11) All milking

animals three (3) years old or older entered in the show and sale must have an

official (DHIA-DHIR) completed record with at least one (1) record above

herdmates for milk or fat. Two (2) year olds that have not completed a record

may qualify on their dams production provided the dam has at least one (1)

completed record above herdsmates for milk or fat. Heifers (uncalved) must be

from dams with one (1) or more records above herdsmates.

      (12) The

cooperating agency shall prepare and present to the department adequate records

pertaining to the show and sale prior to final settlement on advertising.

      (13) The records

mentioned in subsection (12) 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, 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.

      (14) 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.

      (15) The

location of these national events shall be selected in cooperation with the

department after due consideration is given to the following:

      (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 wire bids; and

      (e) Added

attractions in the area.

      (16) Show and

sale planning committees appointed by each state breed association shall

include the Director 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 when 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.

      (17) All persons

attending a consignment show or sale do so at their own risk.

      (18) All records

on pedigree information shall cover the three (3) preceding generations

(including the consignment) and be presented to the show and sale officials

when consignment is made.

      (19) The

cooperating agency may charge an entry fee up to but not to exceed the amount

of premium offered by the department. 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.

      (20) Sales

practices and procedures recommended by the Purebred Dairy Cattle Association

shall apply as minimum requirements to all matters pertaining to the sale not

otherwise covered by departmental policy or law.

 

      Section 2. Terms

and Conditions of Sale. (1) Terms of the sale in addition to those recommended

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

decision on such matters shall be final.

      (3) All payments

shall be made to the individual designated by the cooperating agency.

      (4) The

purchaser assumes all risk for animals as soon as they are struck off; however,

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 administrative regulations.

 

      Section 3.

Health Requirements. (1) All animals consigned to the show and sale must be accompanied

by an official health certificate from the state of origin which bears the

approval of the livestock sanitary official of the state of origin showing

compliance with Kentucky's exhibition and sale requirements. Current health

administrative regulations 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 conform to the standards adopted 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, calfhood vaccination

for Bang's disease (brucellosis), classification information, 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

and complete addresses of all consignors and the 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) Hotel or

motel room reservations;

      (c) Shipping

arrangements;

      (d) Provisions

for handling wire and mail bids;

      (e) Sponsors;

      (f)

Entertainment; and

      (g) Educational

activities.

      (6) No

commercial advertisements shall appear in the catalog.

      (7) Catalogs

shall be ready for distribution not later than fifteen (15) days in advance of

the event.

      (8) The catalog

shall feature a section on the location of the event in relation to other major

towns, major highways, and tourist attractions.

 

      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.

      (3) Initial

advertising, nationwide shall begin at least four (4) months in advance of the

sale. (AGR:FS:20; 1 Ky.R. 1023; eff. 6-11-75; Am. 16 Ky.R. 1961; eff. 5-8-90.)