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;
(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.)