250.561 Inspection fee.
579 words·~3 min read·
/ky/chapter-250/250-561A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)An inspection fee at the rate of thirty-five cents ($0.35) per ton shall be paid on
commercial feeds distributed in this state by the person whose name appears on the
label as the manufacturer, guarantor, or distributor, except that a person other than
the manufacturer, guarantor, or distributor may assume liability for the inspection
fee, subject to the following:
(a)No fee shall be paid on a commercial feed if the payment has been made by a
previous distributor;
(b)No fee shall be paid on customer formula feeds if the inspection fee is paid on
the commercial feeds which are used as ingredients and any exempt
commodities, such as whole grain, furnished by the final purchaser. An
exempt commodity offered for sale by the custom formula feed distributor for
the intended use as an ingredient in the manufacture of custom formula feed is
subject to the inspection fee. If the fee has already been paid on the
commercial feeds, credit shall be given for that payment. No farmer-owned
exempt commodity shall be subject to a fee;
(c)No fee shall be paid on commercial feeds which are used as ingredients for the
manufacture of commercial feeds which are registered. If the fee has already
been paid, credit shall be given for that payment;
(d)In the case of a commercial feed which is distributed in the state to the final
purchaser only in a package weight of ten
(10)pounds or less, an annual fee of
fifty dollars ($50) shall be paid in lieu of the inspection fee specified above;
(e)In the case of distillers' wet grains and other distillers' by-products containing
more than seventy-five percent (75%) moisture and brewers' wet grains and
whey distributed without further processing to the final purchaser for
consumption by the purchaser's livestock, the inspection fee shall be five cents
($0.05) per ton; and
(f)The minimum inspection fee for a feed registrant or a custom formula feed
distributor shall be twenty-five dollars ($25) per quarter.
(2)Each person who is liable for the payment of the fee shall:
(a)File, not later than the last day of January, April, July, and October of each
year, a quarterly statement, setting forth the number of net tons of commercial
feeds distributed in this state during the preceding calendar quarter; and upon
filing the statement shall pay the inspection fee at the rate stated in subsection
(1)of this section. Inspection fees which are due and owing and have not been
remitted to the department within fifteen
(15)days following the due date
shall have added a minimum penalty fee of twenty-five dollars ($25) or ten
percent (10%) of the amount due, whichever is greater, when payment is
made. The assessment of this penalty fee shall not prevent the department
from taking other actions as provided in this chapter; and
(b)Keep the records necessary or required by the director to indicate accurately
the tonnage of commercial feed distributed in this state, and the director shall
have the right to examine the records to verify statements of tonnage.
(3)Failure to make an accurate statement of tonnage or to pay the inspection fee or
comply as provided herein shall constitute sufficient cause for the cancellation of all
registrations on file for the distributor.
(4)Fees collected shall constitute a fund for the payment of the costs of inspection,
sampling, and analysis, and other expenses necessary for the administration of KRS
250.491 to 250.631.