Kentucky Statutes 250.591 – “Withdrawal from distribution” orders — Condemnation and confiscation
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(1) When the director has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of KRS § 250.491 to KRS § 250.631 or of any of the prescribed administrative regulations under KRS § 250.491 to KRS § 250.631, he may issue and enforce a written or printed “withdrawal from distribution” order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the director or the court. The director shall release the lot of commercial feed so withdrawn when the statutes and administrative regulations have been complied with. If compliance is not obtained within thirty (30) days, the director may begin, or upon request of the distributor or registrant shall begin, proceedings for condemnation.
(2) Any lot of commercial feed not in compliance with statutes and administrative regulations shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the area in which the feed is located. In the event the court finds the commercial feed to be in violation of KRS § 250.491 to KRS § 250.631 and orders its condemnation, the feed shall be disposed of in any manner consistent with its quality and the laws of the state. However, in no instance shall the disposition of the feed be ordered by the court without first giving the owner an opportunity to apply to the court for release of the feed or for permission to process or relabel the feed to bring it into compliance with KRS § 250.491 to KRS § 250.631.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 68, sec. 11, effective July 15, 1996. — Created
1972 Ky. Acts ch. 24, sec. 12.
(2) Any lot of commercial feed not in compliance with statutes and administrative regulations shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the area in which the feed is located. In the event the court finds the commercial feed to be in violation of KRS § 250.491 to KRS § 250.631 and orders its condemnation, the feed shall be disposed of in any manner consistent with its quality and the laws of the state. However, in no instance shall the disposition of the feed be ordered by the court without first giving the owner an opportunity to apply to the court for release of the feed or for permission to process or relabel the feed to bring it into compliance with KRS § 250.491 to KRS § 250.631.
Terms Used In Kentucky Statutes 250.591
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 68, sec. 11, effective July 15, 1996. — Created
1972 Ky. Acts ch. 24, sec. 12.