RELATES TO: KRS 260.775-260.845,
260.992
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 260.825(1) requires the
Director of the Kentucky Agricultural Experiment Station to promulgate
administrative regulations necessary for the effective enforcement of
KRS 260.775 through
260.845
regarding milk. This administrative regulation establishes criteria for
recordkeeping and reporting practices to ensure that bulk farm milk is fairly
and accurately marketed.
Section 1. A
licensed bulk milk handler or licensed transfer station shall review bulk milk
delivery tickets to ensure compliance with
KRS 260.775 through
260.845.
(1) A bulk-milk delivery ticket representing
a load of milk for a permitted Kentucky producer shall be examined to ensure
that a licensed sampler-weigher sampled and weighed the milk.
(2) A bulk-milk delivery ticket representing
a shipment of milk from a producer shall be examined for compliance with
12 KAR 5:040, Section 4(3).
(3) Discrepancies shall be reported to the
director.
Section 2.
Personnel at a licensed laboratory who test permitted producers' samples for
pay purposes shall review the information recorded on sample containers to
ensure compliance with
12 KAR 5:040, Section 5(1). An agent of the laboratory shall
report discrepancies to the director.
Section
3. Licensed Milk Handler Reporting Requirements.
(1) Each licensed milk handler shall submit
to the director an accurately-completed Kentucky Farm Milk Handlers Report each
quarter with payment of inspection fee as required by
KRS 260.821.
(2) Each licensed milk handler who issues
payments to permitted producers shall submit to the director, upon request, a
current list of these permitted producers to whom payments are being issued.
The list shall be submitted with the Application for License to Handle Milk,
incorporated by reference in
12 KAR
5:010,
and shall be updated when the handler submits its quarterly Kentucky Farm Milk
Handlers Report. The listing shall include the following information about each
permitted producer:
(a) Name;
(b) Identification number issued by the
handler if different from permit number; and
(c) Mailing address.
Section 4. A licensed milk handler
who issues payments to permitted producers shall submit to the director, upon
request, a copy of each permitted producer's bulk-tank conversion chart or
charts to whom they issue payments. These charts may be reviewed by the
director to determine if a permitted producer's bulk milk has been accurately
weighed by sampler-weighers.
Section
5. Incorporation by Reference.
(1) The following material is incorporated by
reference: "Kentucky Farm Milk Handlers Report", July 2020, Division of
Regulatory Services.
(2) This
material may be inspected, copied or obtained, subject to copyright law, at the
Division of Regulatory Services, College of Agriculture, 103 Regulatory
Services Building, University of Kentucky, Lexington, Kentucky 40546-0275,
Monday through Friday, 8 a.m. to 4:30 p.m.
