Kentucky’s Division of Water recently finalized regulations on concentrated animal feedlot operations (CAFOs) which include integrator liability. The KY law is the first of its kind in the country. Under the regulations, integrators must apply for a state permit (KPDES) even if they own animals kept by a farmer under contract. If the permit is violated, it is the integrators who are liable for consequences. The regulations were to go into effect August 24, 2000, but last June the Farm Bureau and other groups challenged the rule in court by arguing that it was pre-empted by another Kentucky law that precludes the state from passing legislation stricter than federal standards. They were granted a temporary restraining order specifically on the integrator liability provision.
More:
- Kentucky Administrative Regulations TITLE 401 – Natural Resources and Environmental Protection Cabinet Department for Environmental Protection
- More background on the regulation is available from the KY Division of Water’s website
- A state Administrative Regulation Review Subcommittee found the regulation deficient in August 2000.
- For more information contact: Bruce Scott, Manager, KPDES Branch, KY Division of Water, (502) 564-3410.
- See the Family Farm Rules Bulletin (#4) for more information on animal agricultural contracts!
- National Contract Growers Association
- Rural Advancement Foundation International
- When the Farmer Makes the Rules – by Brian Levy, The New Rules, Fall 2000
- The Plucking of the American Chicken Farmer, By Dan Fesperman and Kate Shatzkin, The Sun, Feb 28, 1999.
