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363.440 Dealer's duties and liabilities.
Any person, firm, or corporation engaged in the business of grain buying, custom
grain storage and/or grain banking, resale of grain, and grain used for feed
manufacturing and who purchases or makes sales based on moisture content must
show moisture contents of these commodities as determined on an approved
moisture measuring testing device. In the case of grain storage and/or grain
banking, moisture content must be determined both when the grain is put in storage
and when it is taken out and the same discount schedule used when grain is put into
storage must be used when grain is taken out. When small grain, corn and soybeans
is bought and the seller is discounted according to the moisture content, this
moisture content must be determined by a moisture measuring device approved by
the Department of Agriculture. Any person who, by himself or by his agent or as
agent of another person, uses in determining moisture content any grain moisture
measuring device which has not been tested and approved for use by the Kentucky
Department of Agriculture shall be guilty of a misdemeanor; except that the use of a
newly purchased grain moisture measuring device prior to regular inspection and
approval shall not be considered a misdemeanor if the user of such device has given
notice to the Kentucky Department of Agriculture of the purchase and intended use
of such new device. Such notice shall be given by either certified or registered mail
not later than ten (10) days prior to the date of such intended use. In an emergency
situation, a person may substitute an untested moisture measuring device in place of
an approved device for a period of not more than twenty-four (24) hours before
notifying the department of its emergency use and making arrangements for its
inspection.
History: Created 1970 Ky. Acts ch. 30, sec. 4.
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