KRS 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 conten ts 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 disco unt 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 meas uring 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 giv en

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.