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Rules of The
U.S. Belted Galloway Society
Rules adopted by Council October 12, 2001
effective as of January 1, 2002.
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.
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