Rules
adopted by Council October 12, 2001
effective
as of January 1, 2002.
...
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Section I.
HERD BOOK OF THE
BELTED GALLOWAY SOCIETY
Rule 1. Official Record
The official record of all animals recognized
by the Society shall be contained in the Herd Book and an Appendix for
females only. Each entry shall contain the registration number, tattoo,
sex, color, name of animal preceded by the first owner's registered farm
name, date of birth, name and registration number of the sire, name and
registration number of the dam, the name and address of the owner of record
and name and location of breeder and first owner.
Rule 2. Privileges
A. All Vested Life, Life, Regular and Junior
members whose dues status is current are eligible to register cattle in
the Herd Book and record females in the Appendix. Non-members of the Society
shall not be entitled to the privileges of registration.
B. The use of 'certificate of registration,'
'registration' or 'register' in these Rules
shall have reference to animals
listed in the Herd Book proper. The use of 'certificate of record,' 'recordation'
or 'record' in these rules shall have reference to animals listed in an
Appendix.
Rule 3. Eligibility of Animals, Herd
Book
Any animal for which application for registration
in the Herd Book is submitted must meet the following criteria:
A. The Sire must be registered in the Herd Book
or in the herd book of another society, association or organization recognized
by the Belted Galloway Society.
B. The Dam must be registered in the Herd Book
or in the herd book of another society, association, or organization recognized
by the Belted Galloway Society except
(1) a female calf
sired by a purebred bull as set forth in 3A above may be out of a dam of
7/8 blood and recorded in the Appendix, or
(2) a female or
male calf sired by a purebred bull may be out of a purebred cow recorded
in the Appendix.
C. The animal must be properly marked.
For the purpose of registration, "properly marked" shall mean:
(1) The
animal must be black (including black with a brownish tinge), red or dun.
(2) The
animal must have a white belt or list completely around the body between
the front legs and the hind legs.
(a) Absolutely no other white hair shall be acceptable on bulls.
(b) Females may have no white hair above the top level of the dewclaw
except the belt.
D. In addition, all criteria set forth
in Rule 6 shall be essential to eligibility for registration/recordation.
Rule 4. Eligibility of Animals, Appendix
The Appendix holds all mismarked purebred females
and all crossbred females. Any animal for which application for recordation
in the Appendix is submitted must meet the following criteria:
A. Only females are eligible for recordation.
B. The sire must be a purebred bull registered
in the Herd Book of the Belted Galloway Society or the herd book of another
society, association or organization recognized by the Belted Galloway
Society.
C. The dam may be any of the following:
(1) a base
cow described as a polled, solid colored or belted beef type breed with
no extraneous white.
(2) percentage
blood Belted Galloway cow sired by a registered Belted Galloway bull.
D. Female calves sired by registered Belted
Galloway bulls out of purebred registered cows or 7/8 blood cows recorded
in the Appendix which are ineligible for registration in the Herd Book
because of improper marking shall be eligible for recordation in the Appendix.
E. In addition, all criteria set forth
in Rule 6 shall be essential to eligibility for recordation.
Rule 5. Exceptions
The following progeny shall not be eligible for
registration or recordation:
A. A calf sired by a bull less than 9 months
of age at the time of service.
B. A calf produced by a heifer less than
18 months of age at the time of calving.
C. A calf born less than 283 days after
the birth of the dam's last calf, except in the case of embryo calves.
Rule 6. Additional Criteria
Any animal for which an application for registration
or recordation is submitted, its sire and its dam must be naturally polled,
being free from horns or scurs. "Scurs" are defined as any portion of horny
tissue attached to the skin of the hornset of a polled animal. Should horns
or scurs appear on an animal after registration, the owner of record shall
immediately surrender said registration to the Secretary of the Society,
and the horned or scurred animal will be deleted from the Herd Book or
Appendix.
The provisions
of this Rule 6 shall not apply to any steer certificated by the society.
Rule 7. Tattoo Marks.
All animals born after January 1, 1996 for which
an application for registration or recordation is submitted must be ear-tattooed
in accordance with the following:
A. The tattoo must be placed in the left
ear. At the option of the first owner, the tattoo may also be placed in
the right ear.
B. The tattoo shall include:
(1) up to
three standard Arabic numerals
(2) a letter
designating the year of birth (as prescribed by the Society) appearing
as the first or last character in the tattoo
(3) a farm/ranch
designation of up to three alpha characters at the beginning or end of
the tattoo mark, positioned opposite the year letter designation. At the
first owner's option, the farm/ranch designation may be placed at another
location in the left ear or singularly in the right ear. All letters shall
be standard English letters.
C. The breeder's farm/ranch designation
shall be selected by the breeder subject to availability and shall be on
record with the Secretary of the Society.
D. No two animals registered by the same
breeder shall be given the same tattoo.
E. Should a tattoo become illegible, the
same markings shall be placed in a different location of the same ear.
F. Any member wishing to dual-register
an animal may submit for approval by Council or its designee a tattoo that
conforms with the requirements of the foreign society.
Rule 8. Calves of Multiple Births.
Calves of multiple births are eligible for registration
or recordation if all other requirements are met. Each application must
indicate multiple birth and the sex of the other calf(ves). In the event
these requirements are omitted, another of the same gestation may not
subsequently be registered unless accompanied by a letter of explanation.
Rule 9. Eligibility of Calves produced
by Embryo Transfer (ET)
A calf resulting from an embryo transfer shall
be eligible for registration/recordation if having first met all other
requirements. The following shall be complied with:
A. The standard guidelines of the International
Embryo Transfer Society for the certification and identification of bovine
embryos and procedures for processing, documentation, record keeping, labeling
and grading of embryos shall be followed by members of the Belted Galloway
Society engaging in bovine embryo transfers resulting from the use of registered
Belted Galloways.
B. The standard certification forms recommended
by the International Embryo Transfer Society and adopted by the American
Embryo Transfer Association for recording embryo recoveries, embryo transfers,
embryo freezing and embryo exports shall be completed, and copies of such
forms be furnished to the Secretary of the Belted Galloway Society. Such
forms shall accompany any subsequent transfer of ownership of the embryo
or resulting offspring.
C. All embryo transfer work must be performed
by either
(1) a certified
member in good standing of the International Embryo Transfer Society, or
one of its national certifying affiliates (such as the American Embryo
Transfer Association) or
(2) an embryo
transfer practitioner or company which meets the requirements and follows
procedures set forth as guidelines for embryo recovery, transfer, freezing
and export by the International Embryo Transfer Society, or one of its
affiliates
D. Donor cows and sires of embryos must
be DNA tested at a laboratory designated by the Belted Galloway Society,
and a copy of the test report held in the files of the Belted Galloway
Society.
Rule 10. Eligibility of Calf produced
by Artificial Insemination (AI)
A calf resulting from the artificial insemination
of a registered/recorded female shall itself be eligible for registration/recordation
if having first met all other requirements. The following shall be complied
with:
A. The breeder (owner of record of the
dam at the time of service) of a calf which is a product of artificial
insemination must
(1) be the
owner of record of the sire at the time of service, or
(2) must
furnish a semen certificate obtained from supplier of the semen with the
application to register/record
B. Any bull providing semen for sale must
be DNA tested at a laboratory designated by the Belted Galloway Society
and a copy of the test report shall be held in the files of the Society.
The semen supplier shall furnish a semen certificate to his/her customers
upon notification that a calf is to be registered which resulted from the
use of the purchased semen. The semen supplier may at his/her option charge
a fee for this semen certificate.
Rule 11. Steers.
Steers are eligible for recordation, certification
of parentage and identification provided applicable requirements for registration/recordation
are met except for requirements of color, marking and the provisions of
Section 1, Rule 6. |
Section II.
REGISTRATION
Rule 1. Application for Registration.
A. Application must be made on a form obtained
from and approved by the Society. It must be legibly completed, preferably
in ink or typewritten, and contain the following information:
(1) Profile
drawings of right and left sides of the animal to be registered showing
all of the white marketings of the animal
(2) Name
of animal, which must be preceded by the first owner's registered farm
name.
(3) Indication
of whether or not the animal is the product of artificial insemination
and/or embryo transfer.
(4) Indication
of whether the animal is a twin or of other multiple birth.
(5) Color
of animal
(6) Sex
of animal to be registered
(7) Date
of birth
(8) Ear
tattoo marks
(9) Name,
location and member code of the breeder
(10) Name, location
and member code of the first owner.
(11) Name and registration
number of the sire.
(12) Name and registration
number of the dam
(13) Signature of the
first owner certifying accuracy of information.
(14) Semen certificate
is required for registration of calves conceived by artificial insemination.
(15) Certification from
the American Embryo Transfer association or the International Embryo Transfer
Society is required for registration of calves resulting from embryo transfer.
B. Preparation of application of registration.
Name: An
animal's name cannot contain more than 25 characters and spaces, and only
English letters and Arabic numerals shall be acceptable. Animal's name
must be preceded by farm name of the first owner. The Society reserves
the right to change the name assigned to an animal or an application for
registry if it is deemed advisable to do so.
Breeder:
The breeder of a calf is the owner of record of its dam on the date of
service.
First Owner:
The first owner of a calf is the owner of record of its dam on the date
of birth of the calf or, in the case of calves resulting from embryo transfer,
the first owner shall be the owner of the calf at birth. The first owner
must apply for registration of the calf, and the dam must be officially
entered in the records of the Society under the same name as the first
owner's membership on the date of the birth of the calf, except in cases
of embryo calves, as may be provided for in Section 1, Rule 9.
Breeder's Certificate:
When a cow has been transferred subsequent to being served but prior to
the birth of the calf, and the service was not reported on the transfer
application, the breeder (owner of record of the dam at the time of service)
must execute the breeder's certificate on the application for registration
of the calf.
Owner of Record:
The owner of record for the purpose of registration shall mean the membership
(individual, partnership or corporation) in whose name an animal is registered.
Rule 2. Incomplete or Inaccurate Applications.
A. In the event that an application is
incomplete in any respect such application shall be considered null and
void. An application shall be incomplete if it fails to contain all information
required by Section II, Rule 1, or if not accompanied by the appropriate
fee.
B. In the event of an inadvertent inaccuracy,
the applicant may amend the application. Whenever the accuracy of data
contained in an application is challenged, the matter shall be referred
to Council for investigation.
Rule 3. Misrepresentation or Fraud.
A. If an animal's registration has been
obtained through willful misrepresentation or fraud, the Council may, in
accordance with the provisions of Article VII of the By-Laws, and in accordance
with the provisions of Section VIII of these Rules, declare the registration
null and void together with any registrations which have been made of descendants
of an animal so registered.
B. When a registration has been obtained
by means of misrepresentation or fraud, or if the date of birth, tattoo
number, sire, dam or service by natural or artificial insemination has
been misrepresented, the Council may, in accordance with Article VII of
the By-Laws and Section VIII of these Rules, instruct the Secretary to
refuse to receive subsequent applications of any kind signed by a person
or persons implicated in said misrepresentation or fraud and may take such
other action as may be deemed appropriate.
Rule 4. Designations in the Herd Book
and Appendix
A. The recordation number for all percentage
females recorded in the Appendix shall begin with the letter 'A'. Following
the recordation number, the percentage blood of Belted Galloway and the
breed designation of the base cow will be listed, e.g. "A0000B3/4BGAN."
(1) Female
calves sired by a registered bull out of a base cow shall be recorded as
1/2 blood Belted Galloway.
(2) Female
calves sired by a registered bull out of a 1/2 blood cow recorded in the
Appendix may be recorded as 3/4 blood Belted Galloway.
(3) Female
calves sired by a registered bull out of a 3/4 blood cow recorded in the
Appendix may be recorded as a 7/8 blood Belted Galloway.
B. Purebred females which have gained Herd
Book status (15/16 blood and higher) will be denoted with a 'PB' followed
by the breed or breed designation of the base cow, e.g. "0000B,PBAN." Subsequent
progeny of such females will not carry that designation .
C. A designation indicating the reason
that a purebred female has been included in the Appendix shall be used.
(1) M1 --
incomplete belt
(2) M2 --
no belt
(3) M3 --
white feet (on or above the level of the dewclaw)
(4) M4 --
White elsewhere on the body
For example: A0000,M1
D. Purebred females registered in
the Herd Book with white on one or more feet or claws below the level of
the dewclaw(s) will be designated with the letter 'W' as part of the registration
number.
E. In both the Herd Book and the
Appendix, color will be designated as part of the registration/recordation.
(1) Black
animals will be designated by the letter 'B'
(2) Dun
animals will be designated by the letter 'D'
(3) Red
animals will be designated by the letter 'R'
Rule 5. Certificate of Registration.
A. Upon completion and submission of the
application as required herein accompanied by the appropriate fee, the
Secretary of the Society will assign a registration/recordation number
to the animal and will issue a Certificate of Registration/Recordation
to the applicant.
B. Duplicate certificates may be issued
in case of joint ownership. Each joint owner will be entitled to a certificate
indicating his participation in the ownership of the animal.
Rule 6. Special Circumstances.
A. Registration for the estate of a deceased
person. In the event of the death of one who normally would apply for registration
of cattle, the Society may require that there be filed in its office copies
of all papers and documents necessary to show that the person requesting
registration has the power and authority and is duly entitled to request
such registration(s) or transfer(s) on behalf of the deceased party.
B. Replacement Certificates. The owner
of record of a registered/recorded animal may obtain a replacement certificate
by making application to the office of the Secretary (accompanied by the
old certificate, if available) in the following circumstances:
(1) The
original certificate is lost or destroyed
(2) A prohibited
or unauthorized entry is made on the certificate or the certificate is
otherwise defaced.
C. Correction of Errors.
(1) Errrs
in registrations or transfers committed by the Society office shall be
corrected free of charge.
(2) Errors
in registrations or transfers committed by the applicant shall be corrected
at a fee established by Council.
D. Change of Name.
(1) The
name of a registered animal, except for the original farm name portion,
may be changed at a fee established by Council, provided that the owner
of the animal who is a current member in good standing requests such change
in writing and that no progeny of said animal have been recorded.
(2) The
name of an animal originally registered in a herd book of another society
shall not be subject to change.
E. The Council shall have the authority
to modify the procedures established herein or to establish new procedures
to effect the registration/recordation of an eligible animal upon the failure
or inability of a member to perform this duty.
Rule 7. Verification of Records.
A. Applicants for registration shall maintain
accurate breeding and herd records. The Council or its designated representative
may investigate or cause to be investigated, examined, identified, blood-typed
or DNA tested any registered animal or herd; and may examine the breeding
and herd records maintained by a member or non-member of the Society for
the purpose of verifying applications for registry or records on file in
the office of Secretary, or for the purpose of investigating other matters
in which the society may be interested.
B. If, upon investigation by Council or
its designated representative, it is determined that breeding or herd records
or herd management practices are inadequate to assure the accurate identification
of animals in the herd, then the Council may require periodic reports of
the current herd status until such time as the Council is satisfied that
compliance with the rules of the society is assured.
C. If, upon investigation as provided herein,
Council shall determine that the herd records or management practices relating
to such records of either a member or non-member of the society are such
that the purity of the Belted Galloway breed might be impaired or has been
impaired as the result of the inadequacy of such records or the inability
to accurately identify animals, then Council may in its discretion take
such action as it might deem advisable pursuant to the provisions of Article
VII of the By-Laws.
Rule 8. Blood Type and/or DNA Tests.
A. Each animal for which an entry application
is received by the society may be subjected to a blood type or DNA test
to verify accuracy of parentage.
B. The Council may require that a blood
type or DNA test be made by such agency(ies) as it may designate, of any
animal the parentage of which has been questioned. All costs of such investigation
and tests shall be borne by the party who is determined to be at fault.
Rule 9. Surrender of Registration Certificates.
When a registered animal is lost by death, destruction
or other means, or is disposed of for slaughter or as a common grade animal,
it shall be the obligation of the holder of certificate of registration
to return it to the Society for cancellation and endorsed to indicate the
date and method of disposition.
|
Section III.
TRANSFER OF BELTED GALLOWAY CATTLE
REGISTERED IN HERD BOOK OR RECORDED APPENDIX
Rule 1. Transfer of Registration
A. Every change of ownership of record
of an animal used for registered breeding purposes must be recorded by
official transfer on the records of the Society.
B. No entry on the transfer record
of a certificate of registration shall be made except in the Society office,
and any unauthorized entry shall render a certificate null and void subject
to the issuance of a replacement certificate at an additional fee.
C. It shall be the duty of
the transferor to apply for transfer and to pay the transfer fee unless
it is otherwise specifically agreed between transferor and transferee,
in which case the transferor must execute an application for transfer in
favor of the transferee. A seller and/or his sales agent (if any) who fails
to furnish a buyer with a transferred certificate of registration will
be contacted by the Society for a written statement on fifteen (15) days'
notice as to the basis for the failure. If the seller and/or said sales
agent does not respond to the Society's request, their Society memberships
will automatically be temporarily suspended, with the temporary suspensions
to expire on the Society's receipt of the requested statement, and the
Society will not process any registration or transfer applications executed
by seller or said agent until the Society's receipt of the requested statement.
D. It shall be the duty of the transferor
before offering a registered animal for sale, or applying for transfer,
to verify that the animal carries legible ear tattoo marks corresponding
to the tattoo marks entered on its certificate.
E. 'Transferor' shall mean the individual,
partnership or corporation in whose name an animal is registered.
F. 'Transferee' shall mean
the individual, partnership or corporation into whose name the animal is
to be registered.
G. Transfer entries of jointly owned
animals shall not exceed three (3) owners of record.
Rule 2. Application for Transfer of Registration
Application for transfer shall be made on approved
form and signed by the transferor or his authorized agent. Evidence of
authority to sign as agent on behalf of a transferor; and the signature
of any authorized agent must be filed in the office of the Society before
a transfer application will be accepted for processing. The application
shall be legibly completed, preferably in ink or typewritten, and must
specify:
A. Name, location and member code
of each transferee.
B. Date of sale.
C. Service date, natural or artificial,
and registration number of bull, if animal being transferred has been served,
and signature of owner of the sire. (The date of service and registration
number of the bull may be entered only if service was prior to the date
of sale of the animal being transferred. If the cow was pasture exposed
and the exact date of service is unknown, the word "pasture" may be entered
instead of the date.)
D. Signature and member code of individual,
partnership or corporation in whose name the service bull is registered,
indicating whether females have been served naturally or artificially inseminated.
E. If sold with artificial insemination
breeding privilege.
Rule 3. Omission of Data on Transfer Applications
The execution of transfer applications with the
names and addresses of transferees, date of sale or transfer, correct tattoo
marks or other data omitted is prohibited except as otherwise provided
in Rule 8 of this Section III.
Rule 4. Cows with Calf at Side
If a cow is transferred with a calf at side,
the calf must be registered by the individual, partnership or corporation
in whose name the cow was registered on the date of birth of the calf,
and a separate transfer of the calf is required.
Rule 5. Adjustment Transfers
The following types of transfers not classified
as transfers in the ordinary usage of the term may be made at fees established
by the Council:
A. Transfers for the purpose of correcting
certificate records to exact membership names as required by Rules I and
2 of Section VI.
B. Transfers from estates to heirs under
terms of wills or court orders.
C. Transfers to individuals of partnerships.
D. Transfers to stockholders upon the dissolution
of corporations.
Rule 6. Errors in Recording of Transfers
The Society shall not be bound by errors in the
recording of transfers.
Rule 7. Transfers by Affidavit
In case of neglect or refusal of a member or
non-member of the Society to apply for transfer of registration, transfer
may be recorded if approved by a majority of the members of Council, on
the basis of the transferee's affidavit setting forth the facts and sworn
to or affirmed before a Notary Public. Each such affidavit must be accompanied
by proof of sale and payment in full of the purchase price of the animal
or by evidence of an agreement to sell, purchase or transfer, including
the terms and condition of service, if any, in the case of females.
Rule 8. Transfer Applications of Animals Consigned
to Public Sale
Sale managers or their representatives may fill
in buyers' names on applications for transfer of animals consigned to public
sales and, if authorized by the consignor, sign such application in his
stead. Such applications must indicate the name of the sale manager or
agent representing the consignor and be signed by him. Applications executed
under this Rule are subject to Rule 13 of Section III.
Rule 9. Transfer of Exported Animals
Application for transfer of an animal exported
to another country shall be made with a regular transfer.
Rule 10. Transfer from the Estate of a Deceased
Person
In the event of the death of a transferor, the
Society requires that there shall be filed in its office all papers and
documents necessary to show that the person requesting transfer is legally
authorized and entitled to request such transfer.
Rule 11. Incomplete Applications for Transfer
Whenever an application for transfer is incomplete,
and the applicant has failed to provide all of the information required
by this Section 10. of the Rules within four months of the date application
was received by the Society, such application shall be considered null
and void. An application shall be considered incomplete if not accompanied
by required fee.
Rule 12. Responsibility for Legal Title
A transfer of registration entered on an application
or a certificate of registration, or on the records of the Society, shall
not be construed as the conveyance of legal title by the Society. The Society
shall in no way be involved in or assume liability for the purchase, sale
or terms of the sale of registered animals, or the passage of legal title
thereto,
Rule 13. Misrepresentation or Fraud
A. If an animal's registration has
been transferred through misrepresentation or fraud the Council may, in
accordance with Article VII of the By-Laws, declare such transfer null
and void together with any registrations of purported descendants of the
animal which may have been recorded during the period of such misrepresented
or fraudulent transfer.
B. When a transfer of registration
has been obtained by means of misrepresentation or fraud, the Council may
take appropriate action as provided by Article VII of the By-Laws, and
instruct the Secretary to refuse to receive subsequent applications of
any kind signed by any person or persons implicated m said misrepresentation
or fraud. |
Section IV.
REGISTRATION OF ANIMALS ORIGINALLY RECORDED
IN
HERD BOOKS RECOGNIZED BY THE BELTED GALLOWAY
SOCIETY
Rule 1. Export Certificate
Registration of an animal originally recorded
m herd books recognized by the Belted Galloway Society, Inc., and imported
into the United States shall be accepted if a registration certificate
or embryo transfer certificate issued by the recognized registry organization
of the country from which the animal is actually exported has been received
by the Belted Galloway Society, Inc.
Rule 2. Application for Registration
Registration may be applied for only by a member
of the Society entitled to registration privilege who imported the animal
and whose name appears as purchaser on the export certificate or embryo
transfer certificate issued by the registry organization of the country
from which the animal was exported, at the fee established by the Council
Rule 3. Registration of Calves Imported in
Dam
If a cow was bred prior to importation and a
record of service does not appear on the export certificate, the owner
of the bull on the date of service must certify to the particulars of service
through the recognized registry organization of the country from which
the animal was exported.
Rule 4. Registration of Calves Imported at
Side
A. Registration of a calf imported
at side of a cow recorded m the recognized registry organization of the
country from which the animal was exported shall be accepted only if the
calf is also registered in the same recognized registry organization and
an export certificate has been received by the Belted Galloway Society,
Inc.
B. A separate registration fee shall
be required for each calf imported at side. |
Section V.
SOCIETY FEES
Rule 1. Establishment of Fees
All fees are established by the Council.
Rule 2. Payment of Fees
All fees of whatever nature due the Society shall
be paid in advance accompanying requests for services, except in the cases
of state institutions and similar agencies.
Rule 3. Non-Payment of Fees
Non-payment of fees because of defective remittances
shall be sufficient cause for:
A. Withholding the processing of
registrations or transfers.
B. Cancellation of registrations
or transfers which have been processed but not paid for. |
Section VI.
TRANSFER OF MEMBERSHIP
Rule 1. Life or Regular Memberships
Transfers may be made, upon request:
A. To a joint membership with a spouse
who is not the subject of any prior suspension or expulsion, if originally
issued to an individual.
B. To a surviving partner of a partnership.
C. To one of the individuals of a dissolved
partnership, designated by transfer endorsement signed by the other partner
or partners.
D. To a stockholder of a corporation designated
by transfer signed by its president and attested by its secretary with
the corporate seal affixed. |
Section VII.
SALES AND GUARANTEES
Rule 1. Sales
A. Every registered animal sold or offered
for sale publicly or privately must carry visible, legible tattoo identification
marks corresponding to the certificate of registration of such animal,
and if upon examination, legible marks are lacking, the Society may take
such action as it deems appropriate.
B. Offering of registered cattle for sale
in the name or names other than the owner of record is prohibited.
Rule 2. Cattle Purchased for Resale.
A. Every change of ownership must be recorded
by transfer on the records of the Society.
B. The purchase of animals and their resale
without fulfilling the requirements of Paragraph A of this Rule is prohibited.
Rule 3. Sales Guarantees.
The Belted Galloway Society, Inc., its officers
or its Council shall not be liable for any representations or warranties
made by the sellers of cattle. |
Section VIII.
STANDARDS, VIOLATIONS AND ENFORCEMENT
In order to safeguard the integrity of our Society
and its membership in dealings among ourselves and representations to those
outside our Society, the following rules have been enacted.
Rule 1. Violations.
The following acts shall be deemed to be violations
of the ethical standards of this Society:
A. Any misrepresentation or fraud contained
in an application for registration/recordation.
B. Any misrepresentation or fraud involved
in the transfer of a registered/recorded animal.
C. Any misrepresentation contained in advertising
for or reports of results from any group-sponsored or privately held production
sale.
D. Any misrepresentation in advertising
or publication submitted by a member.
E. Failure of any member to adhere to the
rules established by an organization sponsoring an event in which the member
has elected to participate.
F. In showing or exhibiting animals, it
shall be a violation of the rules to:
(1) Attempt physically
or physiologically to alter the natural confirmation, musculature or weight
of an animal by use of an injected or ingested material not conducive to
the health of the animal or marketability of the carcass.
(2) Any change
or attempt to change the natural color pattern of an animal.
(3) Showing of
any animal that has been administered any quantity of diuretic, unproved
growth stimulant or other unproved medication, or that has not been properly
withdrawn from approved drugs. "Unproved" is deemed to mean not approved
by the Food and Drug Administration (FDA) and/or the United States Department
of Agriculture (USDA).
(4) No nurse cows
will be allowed.
(5) Any conduct
by or on behalf of a breeder or exhibitor intended to influence the outcome
of an event.
G. Alteration of a tattoo mark.
H. Any conduct or act designed to deceive
a member, a purchaser, potential purchaser or the Society.
I. Violation of any of these
rules or the By-Laws of the Society.
J. Violation of any other published
rules of Council or its duly appointed committees.
Rule 2. Complaint.
Complaints will be accepted from any member alleging
violations as set forth hereinabove. Complaints may also be received from
non-members, judges or officials of exhibits or shows. Complaints from
members shall be directed to the Secretary in writing and shall be accompanied
by:
A. Allegations of specific violation(s).
B. Evidentiary material supporting said
allegations.
C. List of any corroborative witnesses.
D. Investigatory fee as prescribed by Council
or its designated representative.
Complaints from non-members shall be received
in any written form convenient to complainant. All complaints by either
members or non-members msut be filed within a reasonable time after discovery
of the alleged offense.
Rule 3. Grievance Committee.
In order to insure the timely and fair administration
of the provisions of this Section VIII, a Grievance Committee consisting
of three members plus the President of the Society shall be established
as provided in Article IV of the By-laws. The President of the Society
shall serve as chairman of the committee, but shall have no right to vote
on any issue except in the case of a tie. The Grievance Committee shall
be charged with the responsibility of receiving and investigating each
complaint filed pursuant to the provisions of this section. The decision
of a majority of the Grievance Committee shall be immediately forwarded
to the Council in writing in the form of a recommendation. All proceedings
pursuant to this Section VIII shall be deemed to be confidential and shall
be completed as soon as possible.
Rule 4. Invesigation
Upon receipt of a complaint, the Secretary shall
immediately forward said complaint to the Chairman of the Grievance Committee.
The committee shall forthwith conduct an immediate and comprehensive investigation.
If, after a preliminary investigation, the committee shall determine that
said complaint requires further investigation, it shall require the complaining
party to submit an investigatory fee in the amount of $250.00.
The accused member
will be notified and shall be allowed to respond to the accusations within
the time set forth in the notice. In addition, the accused member may be
required to produce herd records, DNA or blood type test results, or other
documents and tests.
In appropriate
cases, the Grievance Committee may call for a hearing as provided in the
By-laws and may require the accused member to appear at said hearing. Should
the accused member fail to respond or appear as required in this rule,
the Council may take such action as it deems appropriate.
Rule 5. Disposition of Complaint, Enforcement.
Upon receipt of the recommendation by the Grievance
Committee, the Council may take the following actions:
A. The complaint may be withdrawn by the
complaining party at any time prior to disposition.
B. The complaint may be dismissed by Council
for lack of convincing evidence.
C. The complaint may be dismissed by Council
as spurious, and in cases reflecting malice on the part of the complainant,
the cost of the investigation may be charged to the complainant.
D. The complaint may be determined to be
valid, in which case the offending party may be subject to the following:
(1) Written
censure by Council with an assessment of costs of investigation.
(2) Revocation
of registration/recordation and/or revocation opf transfer.
(3) Suspension
of rights to register, record or transfer
(4) Revocation
of awards or points earned at shows.
(5) Suspension
or expulsion of membership.
(6) Such
other action as might be deemed appropriate by Council.
Rule 6. Litigation Forum and Expenses.
Every member by joining the Society, or non-member
by filing transfer of registration documents with the Society, agrees that:
A. Following judicial review of any
Society final decision, action or Rule contested by said member or non-member,
whereby the member or non-member fails to have the Society's decision,
action or Rule reversed or overturned, said member or non-member shall
reimburse the Society for the reasonable attorney's fees, court costs and
other expenses incurred by the Society in defense of the law suit; and
B. Said member or non-member shall
not commence any action, whether in law or equity, against the Society
in any courts other than those Federal or State courts located in the State
of Tennessee.
Rule 7. Suspension Procedure.
Any decision and action by the Council pursuant
to Article VII of the By-Laws, providing for the suspension of membership,
shall set forth a specific time period for such suspension, following which
the Society will entertain consideration of a request by that member for
reinstatement to full membership.. |
Section IX.
AMENDMENT OF SOCIETY RULES
These rules may be altered, amended or repealed
by a majority vote of Council at any meeting, provided notice of the meeting
shall have contained a copy of proposed alteration, amendment or repeal. |