16 chapters · 847 sections in this title.
KRS § 260.010 Definitions
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As used in this chapter, unless the context requires otherwise: (1) "Commissioner" means the Commissioner of Agriculture. (2) "Experiment station" means the agricultural experiment station. (3) "Hay" means grass, alfalfa, clover, or other forage crop cut and dried as fodder. (4) …
KRS § 260.016 Definitions for KRS 260.016 to 260.019
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As used in KRS 260.016 to 260.019: (1) "Agricultural product" means any farm product grown, raised, or produced as a result of being in the business of "agriculture," as defined by KRS 246.010; and (2) "Kentucky-grown agricultural product" means any agricultural product grown, ra…
KRS § 260.017 Kentucky Proud Program -- Logo or statement labeling -- Licensing -- Penalty
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Penalty. (1) The Commissioner shall establish a Kentucky Proud™ Program to promote the sale of agricultural products and, if funds are available, shall develop a logo or labeling statement for use in identifying Kentucky-grown agricultural products that qualify for the program. T…
KRS § 260.018 Kentucky Proud Advisory Council
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(1) (a) The Kentucky Proud™ Advisory Council is hereby created for the purpose of advising the department concerning the implementation and administration of the Kentucky Proud™ Program authorized by KRS 260.017. The council shall consist of the following twelve (12) members: 1. …
KRS § 260.019 Kentucky Proud™ promotion fund
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(1) The Kentucky Proud™ promotion fund is created in the State Treasury as a trust and agency account to be administered by the department for the purposes provided in this section. (2) Notwithstanding the provisions of KRS 45.229, any moneys accruing to this fund in any fiscal y…
KRS § 260.020 Office of Agricultural Marketing -- Executive director -- Administrative regulations
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regulations. (1) The Office of Agricultural Marketing in the Department of Agriculture shall be under the supervision of the Commissioner, and shall consist of personnel determined and appointed by the Commissioner. (2) The Office of Agricultural Marketing shall be headed by an e…
KRS § 260.030 Functions of Office of Agricultural Marketing
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(1) The Office of Agricultural Marketing shall: (a) Promote and develop markets for Kentucky agricultural products, assist in setting up farm cooperatives, and assist in coordinating feasibility studies, loans, grants, and funding activities for producers and cooperatives; (b) Ga…
KRS § 260.031 Kentucky Farmers Market Nutrition Program -- Fund
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(1) The Kentucky Farmers Market Nutrition Program is created within the Kentucky Department of Agriculture, in collaboration with the Cabinet for Health and Family Services, for the purpose of enhancing nutrition. The program's services may include the provision of fresh, locally…
KRS § 260.032 Annual report on the Kentucky Farmers Market Nutrition Program
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The Commissioner of the Kentucky Department of Agriculture shall submit an annual report to the Interim Joint Committee on Health Services and the Interim Joint Committee on Agriculture, which includes but is not limited to: (1) The amount of funding received for the Kentucky Far…
KRS § 260.033 Hay grading program
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(1) The Department of Agriculture shall promote the sale of hay produced in the state by administering a standard grading program for evaluating hay quality. (2) The department shall, after consultation with the University of Kentucky College of Agriculture and associations activ…
KRS § 260.035 Identification of opportunities in procurement process to encourage agricultural economy -- Report
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agricultural economy -- Report. The Commissioner of Agriculture shall identify opportunities in the state procurement process for the Commonwealth to use its purchasing power to support and encourage the growth of Kentucky's agricultural economy. Those opportunities shall include…
KRS § 260.036 Agricultural products grading program
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(1) The Department of Agriculture may promote the sale of raw agricultural products produced in the state by operating, maintaining, and administering a standard grading program for evaluating raw agricultural products. (2) The department may, after consultation with the Universi…
KRS § 260.037 Certificate of free sale -- Fee -- Administrative regulations
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(1) As used in this section, "certificate of free sale" means a document attesting that a product is legally sold or distributed in the open, without restriction, in the country of origin. (2) The Department of Agriculture is authorized to issue certificates of free sale for prod…
KRS § 260.038 Organic certification fund
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(1) There is hereby established in the State Treasury a separate trust and agency account to be known as the "organic certification fund" to be administered by the Department of Agriculture for the purposes provided in this section. Any moneys accruing to this fund in any fiscal …
KRS § 260.165 Kentucky Grape and Wine Council -- Composition
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(1) The Kentucky Grape and Wine Council is hereby created within the Department of Agriculture. The purpose of the council shall be to promote and facilitate the development of a Kentucky-based grape industry in the Commonwealth of Kentucky. (2) The council shall be composed of t…
KRS § 260.166 Powers and duties of Kentucky Grape and Wine Council
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(1) The Kentucky Grape and Wine Council, created in KRS 260.165 to promote and facilitate the development of a grape, grape products, and wine industry, may: (a) Conduct and contract with others to conduct research on grapes, grape products, and wine in Kentucky and elsewhere for…
KRS § 260.167 Duties of Commissioner relating to Kentucky Grape and Wine Council
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The Commissioner shall, to the extent that funds are available and with the advice and recommendation of the council: (1) Receive and disburse funds from the Kentucky Grape and Wine Council fund created in KRS 260.168; (2) Hire staff to carry out the duties and recommendations of…
KRS § 260.168 Kentucky Grape and Wine Council fund
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There is established and created in the State Treasury, a fund entitled the "Kentucky Grape and Wine Council fund" to provide funds to offset the costs of the Kentucky Grape and Wine Council. The fund may receive state appropriations, gifts, grants, federal funds, and any other f…
KRS § 260.175 Kentucky small farm wineries support fund
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(1) The Kentucky small farm wineries support fund is created as a separate revolving fund. The support fund shall consist of amounts transferred to the fund pursuant to the provisions of subsection (2) of this section and any other proceeds from grants, contributions, appropriati…
KRS § 260.540 Definitions for KRS 260.540 to 260.650
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As used in KRS 260.540 to 260.650, unless the context otherwise requires: (1) "Ambient temperature" means the atmospheric temperature surrounding or encircling shell eggs; (2) "Candle" means to determine the interior quality of a shell egg based on the use of a candling light as …
KRS § 260.550 Prohibition against buying, selling, or processing eggs without license -- Exceptions -- Stop orders and withdraw from sale orders imposed for certain violations
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Exceptions -- Stop orders and withdraw from sale orders imposed for certain violations. (1) No person shall buy, sell, trade, traffic, or process eggs in Kentucky without a license issued pursuant to the egg marketing law, with the following exceptions: (a) Hatcheries purchasing …
KRS § 260.560 Department to administer egg marketing law -- Administrative regulations -- Hearings -- Appeals
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-- Hearings -- Appeals. (1) The department shall administer all provisions and exercise all administrative powers in the egg marketing law. The department may promulgate reasonable administrative regulations necessary to carry out the provisions of the egg marketing law. (2) The …
KRS § 260.580 Regulations
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The department shall prescribe reasonable regulations setting up standards governing the form and schedule for processing applications for egg licenses, the determination of whether an application for license shall be granted or denied, and the procedures and grounds for the susp…
KRS § 260.600 Licensing requirement -- Fees
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(1) Any person requiring a license may obtain an application by calling the Kentucky Department of Agriculture, Division of Regulation and Inspection. A license may be renewed when accompanied by a renewal application and the required fees. A license for the current year shall no…
KRS § 260.610 Grade identification -- Handling -- Conditions requiring removal from retail display -- Retailers prohibited from repacking eggs into full cartons -- Lot consolidation permitted under supervision of registered lot consolidator -- Prohibition of sale or possession for sale of inedible eggs -- Emergency recall plan
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retail display -- Retailers prohibited from repacking eggs into full cartons -- Lot consolidation permitted under supervision of registered lot consolidator -- Prohibition of sale or possession for sale of inedible eggs -- Emergency recall plan. (1) All eggs bought or sold by or …
KRS § 260.620 Graded eggs -- Standards
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Eggs offered for sale as graded eggs shall conform to the standards prescribed in administrative regulations adopted by the department. These standards shall conform to the federal standards promulgated by USDA and FDA for grading eggs for sale.
KRS § 260.630 Labeling requirements
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(1) All wholesale egg packs consisting of cases or portions of cases shall bear a legible label designating contents; quality; quantity; date of packing and an expiration or best-by date; dealer's name, address, and plant number; and size and grade of eggs. Expiration dating shal…
KRS § 260.640 Employment of inspectors -- Authority of inspectors -- Access by the department -- Licensees to keep records
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department -- Licensees to keep records. (1) The Commissioner may employ inspectors for the purpose of enforcing the provisions of the egg marketing law. These inspectors may examine any eggs offered or exposed for sale for human consumption at the times and places and in a manne…
KRS § 260.650 Disposition of fees
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All fees collected under the provisions of the egg marketing law shall be credited to the department for use in carrying out the provisions of the egg marketing law. History through 1968: Created 1956 Ky. Acts ch. 121, sec. 13, effective January 1, 1957.
KRS § 260.670 Southern Dairy Compact. (Effective upon contingency)
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The Southern Dairy Compact is enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: ARTICLE I STATEMENT OF PURPOSE, FINDINGS, AND DECLARATION OF POLICY Section 1. Statement of purpose, findings, and declaratio…
KRS § 260.672 Kentucky delegation to Southern Dairy Compact. (Effective upon contingency)
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contingency) (1) The delegation from the Commonwealth of Kentucky to the Southern Dairy Compact Commission, as established in Article III of the compact, set out in KRS 260.670, shall be composed of five (5) members appointed by the commissioner of agriculture as follows: (a) Two…
KRS § 260.765 Definitions for KRS 260.765 to 260.772
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As used in KRS 260.765 to 260.772, unless context requires a different meaning: (1) (a) "Covered produce" means food that is: 1. Produce as defined in 21 C.F.R pt. 112 and is a raw agricultural commodity; or 2. A fruit or vegetable, including but not limited to: almonds, apples, …
KRS § 260.766 Department to implement federal Produce Safety Rule -- Conditions for discontinuation of implementation
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discontinuation of implementation. (1) The department is directed to implement the Produce Safety Rule, 21 C.F.R. pt. 112, which was promulgated by the United States Food and Drug Administration under the authority of the Food Safety Modernization Act, Pub. L. No. 111-353. (2) No…
KRS § 260.767 Department guaranteed access to certain farms -- Required inspections -- Interference with performance of duty prohibited
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Interference with performance of duty prohibited. (1) A representative of the department shall have access, at reasonable hours, to enter onto any covered farm or any farm that is eligible for an exemption in accordance with 21 C.F.R. pt. 112, KRS 260.765 to 260.772, or any admin…
KRS § 260.768 Eligibility for exemption from requirements of KRS 260.765 to 260.772 and some federal regulations
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and some federal regulations. (1) Covered produce is eligible for a commercial processing exemption and the provisions set forth in KRS 260.765 to 260.772 if: (a) The covered produce receives commercial processing that adequately reduces the presence of microorganisms of public h…
KRS § 260.769 Powers of department in carrying out duties set forth in KRS 260.765 to 260.772
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260.772. The department shall have the following powers, and all powers incidental or necessary to same, in carrying out the duties set forth in KRS 260.765 to 260.772: (1) Promulgate administrative regulations necessary for the accomplishment of the purposes intended and the pro…
KRS § 260.770 Stop movement order or order of destruction for violations of KRS 260.765 to 260.772 or federal or state regulations
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260.765 to 260.772 or federal or state regulations. (1) If a representative of the department believes any covered produce on a covered farm that is being grown, kept, or exposed for sale or held in possession or under the control of any person to be in violation of any provision…
KRS § 260.771 Circuit Court order of forfeiture and destruction or sale for other than food of produce found to be in violation of KRS 260.765 to 260.772 or federal or state regulations
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food of produce found to be in violation of KRS 260.765 to 260.772 or federal or state regulations. If the covered produce that has been issued a stop movement order or sought to be destroyed is found to be in violation of any provision of 21 C.F.R pt. 112, KRS 260.765 to 260.772…
KRS § 260.772 Penalties for violation of KRS 260.765 to 260.772 or federal or state regulations
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regulations. (1) No covered farm or farm eligible for a qualified exemption shall violate any provision of 21 C.F.R. pt. 112, KRS 260.765 to 260.772, or any administrative regulation adopted pursuant to KRS 260.769. (2) In addition to other criminal or civil penalties provided fo…
KRS § 260.775 Definitions for KRS 260.775 to 260.845
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As used in KRS 260.775 to 260.845, unless the context requires otherwise: (1) "Board" means the Kentucky Milk Handlers Advisory Board; (2) "Buy" means the receiving of milk from producers or their agents and paying for the milk on the basis of volume and test, or weight and test;…
KRS § 260.777 Application of KRS 260.775 to 260.845 -- Unlicensed person not to transact business with permitted producer
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business with permitted producer. (1) The requirements and prohibitions of KRS 260.775 to 260.845 shall not apply to persons who buy milk for their own consumption. (2) It is unlawful for any person who is not licensed under KRS 260.775 to 260.845 to transact business with a perm…
KRS § 260.780 Prohibited handling practices
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It shall be unlawful for a handler of milk in this state to: (1) Receive or buy milk from permitted producers or their agents without obtaining a license for each location where milk is received or handled; (2) Receive milk that is paid for on the basis of weight or volume withou…
KRS § 260.783 Prohibited actions of owner or operator of a laboratory
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It shall be unlawful for any owner or operator of any laboratory to; (1) Operate a laboratory without having a laboratory license; (2) Fail to comply with administrative regulations promulgated by the director for the proper transporting, handling, storage, and testing of permitt…
KRS § 260.785 Prohibited sampling and weighing practices
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It shall be unlawful for any milk sampler-weigher to: (1) Sample, weigh, or measure milk from bulk milk tanks without obtaining a license to sample and weigh; (2) Inaccurately sample, weigh, or measure milk; (3) Fail to comply with administrative regulations promulgated by the di…
KRS § 260.790 Prohibited testing practices
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It shall be unlawful for any milk tester to: (1) Test milk bought from permitted producers without obtaining a license to test; (2) Inaccurately test producers' milk samples; (3) Use inaccurate, nonstandard, or improperly calibrated equipment in testing milk; (4) Manipulate or fa…
KRS § 260.793 Unlawful practices for owner or operator of transfer station
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It shall be unlawful for any owner or operator of any transfer station to: (1) Operate a transfer station without having a transfer station license; (2) Fail to comply with administrative regulations promulgated by the director for the proper storage, handling, and transport of p…
KRS § 260.795 License to handle
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Each location that handles permitted producers' milk in accordance with KRS 260.775 to 260.845 shall obtain a license to handle from the director. Application for a license to handle shall be made to the director. The license fee provided for in KRS 260.815 shall accompany the ap…
KRS § 260.797 Licensing of laboratory locations
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Each laboratory location where permitted producers' milk is tested shall be licensed. Application for a license shall be made to the director. The license fee provided for in KRS 260.815 shall accompany the application. Each licensee shall notify the director, in writing, within …
KRS § 260.800 License to test
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Each person who tests milk from permitted producers shall obtain a license to test. Application for a license shall be made to the director. The license fee provided for in KRS 260.815 shall accompany the application. All applicants shall demonstrate their proficiency in testing …
KRS § 260.805 License to sample and weigh
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Each person who samples and weighs milk from permitted producers shall obtain a license to sample and weigh. Application for a license shall be made to the director. The license fee provided for in KRS 260.815 shall accompany the application. Applicants who sample and weigh milk …