KRS § 251.990 — KY Code / Title XXI / Chapter 251 / Section 251.990
251.990 Penalties for chapter
Status: in_force

251.990 Penalties for chapter.

(1) Except as provided otherwise in this section, any person who violates a provision of

this chapter shall be guilty of a violation for the first offense and fined not more

than five hundred dollars ($500). He or she shall be guilty of a Class A

misdemeanor and shall be fined not more than one thousand dollars ($1,000) or

imprisoned for up to six (6) months, or both, for each subsequent offense. Each day

of operation in violation of the provisions of this chapter shall constitute a separate

offense.

(2) Any person who operates as a grain warehouse operator or a grain dealer without a

license shall be fined not more than ten thousand dollars ($10,000) for each

violation, not to exceed a total of five hundred thousand dollars ($500,000), or

imprisoned for at least one (1) but not more than five (5) years, or both.

(3) Any person who intentionally refuses or fails to pay moneys collected for

assessment of grain under the Kentucky grain insurance fund as set forth in KRS

251.640 shall be subject to a fine of not more than five hundred dollars ($500), or

imprisoned for not more than six (6) months, or both.

(4) Any person who fails to comply with the requirement in KRS 251.375 to maintain

at all times grain in storage, rights in grain, proceeds from the sale of grain, or a

combination of the grain, rights, and proceeds equal to eighty percent (80%) of the

value of a licensed grain storage establishment's unpaid obligations to producers for

grain delivered under a forward pricing contract shall be fined not more than ten

thousand dollars ($10,000) for each violation, not to exceed a total of five hundred

thousand dollars ($500,000), or imprisoned for at least one (1) year but not more

than five (5) years, or both.

(5) Any person who knowingly makes any false statement, representation, or

certification, or who knowingly fails to make any statement, representation, or

certification in any record, report, or other document shall be fined not more than

one thousand dollars ($1,000) for each violation, not to exceed a total of five

hundred thousand dollars ($500,000), or imprisoned for at least one (1) year but not

more than five (5) years, or both.

(6) Any person who transfers or disburses grain, property, or assets in violation of a

provision of this chapter shall be fined not more than ten thousand dollars ($10,000)

for each violation, not to exceed a total of five hundred thousand dollars

($500,000), or be imprisoned for at least one (1) year but not more than five (5)

years, or both.

(7) Except as permitted by law, any person who willfully and knowingly resists,

prevents, impedes, or interferes with a representative of the board or the department

in performance of the duties assigned by a provision of this chapter, shall upon

conviction be fined not more than five thousand dollars ($5,000) for each violation,

or imprisoned for not more than one (1) year, or both.

(8) If a business entity violates any provision of this chapter, or if it fails or refuses to

comply with any lawful order issued by a representative of the board or the

department, then any director, officer, or agent of the business entity who willfully

and knowingly authorized, ordered, or carried out the violation, failed, or refused to

comply with the lawful order shall be subject to the same penalties, fines, and

imprisonment as may be imposed upon a person in accordance with this section.

(9) Any person who fails to renew a license within the time frame required by KRS

251.355 shall be fined one hundred fifty dollars ($150).

(10) All fines or penalties collected from violators of the provisions of this chapter shall

be used to carry out the provisions of this chapter.