{"data":{"id":"us-ky/krs-272.221","jurisdiction":"us-ky","citation":"KRS 272.221","heading":"Exclusive contracts for agricultural products -- Damages for violation --","body":"Injunctive relief -- Notice to landlord or tenant.\n(1) An association and its members may make and execute contracts, requiring the\nmembers to obtain specified services exclusiv ely from the association or to sell,\nduring any designated period of time, all or any specified part of the members'\nagricultural products or specified commodities exclusively to or through the\nassociation subject to the right of any member to be released at a designated period\nin each year, by giving prescribed notice. Such contracts may provide that the\nassociation may sell or resell the products of its members, with or without taking\ntitle thereto, and pay over to its members the resale price, or the poo l price in case\nof pooling of sales, after deducting all necessary selling, overhead, and other costs\nand expenses, including interest or dividends on stock, not exceeding eight percent\n(8%) per annum, and any other deduction authorized by the bylaws or su ch\nmarketing contracts.\n(2) An association's bylaws or contracts with members may fix, as liquidated damages,\nspecific sums to be paid by a member to the association if he breaches any provision\nof the contract and may provide that the member shall pay all  costs, premiums for\nbonds, expenses and fees, in case any action is brought upon the contract by the\nassociation. Liquidated damage provisions in contracts with members shall be\nenforceable in the courts of this state and shall not be regarded as penalties.\n(3) If a breach or threatened breach of a contract with a member exists, an association\nshall be entitled to an injunction to prevent the breach or further breach of the\ncontract, and to a decree of specific performance thereof. Pending the adjudication\nof such an action, and upon filing a verified complaint showing the breach or\nthreatened breach, and upon filing a sufficient bond, the association shall be entitled\nto a temporary restraining order and preliminary injunction against members.\n(4) A landowner, or lessee, of land on which any agricultural products marketed or to\nbe marketed by an association are being raised or are to be raised, may by registered\nletter addressed to an association, ask for information as to whether his tenant, or\nlandlord as the case may be, is a member of the association, or has signed a contract\nwith the association, and may request information as to the terms of such contract.\nThe request shall state the full name and address of the person inquired about. An\nassociation sh all, within ten (10) days after receipt of such a request, furnish the\ninformation in writing to the person so inquiring. If an association fails to furnish\nthe information properly requested, in any litigation that arises between that\nassociation and the person so inquiring, it shall be presumed, in the absence of\nevidence to the contrary, that that person was without notice that the person\ninquired about was a member of the association or had signed a contract with the\nassociation, or that the person inquiring knew the terms of the contract.","path":["KRS Chapter 272"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=13535","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:21Z","sha256":"6d481d05c6b1252aea7215ba2ac48eb1701a87dec8b613c2c72a7267863760c9","source_id":"us-ky","stale":false,"prev":"us-ky/krs-272.220","next":"us-ky/krs-272.230"},"notice":"GroundRules: Original legal text. Not legal advice."}