Title XXI, Agriculture and Animals

-- 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 …

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…

(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…

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 …

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.

(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…

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…

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.

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…

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…

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, …

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…

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…

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…

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…

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…

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…

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…

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;…

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…

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…

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…

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…

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…

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…

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…

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 …

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 …

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 …

Each transfer station location where permitted producers' milk is handled 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, …

All milk importers who deliver milk to processors in this state shall be licensed or permitted to sample and weigh milk by the state from which the milk originated and shall comply with KRS 260.775 to 260.845.

(1) Every licensee shall keep complete records, as defined in KRS 260.775, for a period of two (2) years. (2) Each licensed location shall keep records of all its transactions at the location. (3) All records shall be accessible for inspection by the director during customary bus…

(1) Each milk handler and laboratory shall, as required by the director, make and file reports for all matters of which a record is required to be kept. (2) No information furnished to the director under this section shall be disclosed in a way to divulge the operation of any per…

The license fees to be paid for respective licenses provided for in KRS 260.795, 260.800, and 260.805 shall be per year or any portion of a year with the license year commencing July 1 and ending June 30. No license may be transferred or assigned. The license fees shall be as fol…

(1) For the financing of the producers' share of this program, all handlers who issue payments to Kentucky permitted producers shall deduct an inspection fee at the rate of one-half cent ($0.005) per hundredweight from the producer's payment and shall transfer these funds to the …

Permitted producers' bulk milk tanks shall be accurately calibrated upon installation. Bulk milk tank calibrations shall be evaluated for accuracy after January 1, 2001, by the Kentucky Department of Agriculture or at the request of the director or the permitted producer.

administrative regulations. (1) The director shall enforce, administer, and implement the provisions of KRS 260.775 to 260.845 through the promulgation of administrative regulations in accordance with KRS Chapter 13A. (2) For the purpose of the enforcement of KRS 260.775 to 260.8…

(1) The director may refuse, revoke, suspend, or probate any license or temporary license issued under authority of KRS 260.775 to 260.845; provided, however, that any refusal, revocation, suspension, or probation shall occur only when the licensee has failed to comply with the p…

(1) The Kentucky Milk Handlers Advisory Board shall consist of: (a) The coordinator of the dairy section of the Animal Science Department at the University of Kentucky, College of Agriculture; (b) The chair of the dairy committee of the Kentucky Farm Bureau Federation; (c) The br…

(1) The board shall meet once annually, or when called into session by the chair, or upon the request of the director, or upon the request of any two (2) or more members of the board. Six (6) members present at a meeting shall constitute a quorum. (2) The board shall advise the d…

(1) All funds resulting from the payment of license fees, inspection fees, fines, penalty fees, or other charges provided for in KRS 260.775 to 260.845 shall be paid to the director and shall be expended by the director under authority of the board of trustees of the University o…

KRS 260.775 to 260.845 shall be known as the "Kentucky Farm Milk Handlers Law."

As used in KRS 260.850 to 260.869: (1) "Commissioner" means the Commissioner of the Kentucky Department of Agriculture; (2) "Cultivating" means planting, growing, and harvesting a plant or crop; (3) "Department" means the Kentucky Department of Agriculture; (4) "Handling" means p…

It is the declared policy of the Commonwealth that hemp is a viable agricultural crop in the Commonwealth. The purposes of KRS 260.850 to 260.869 are to: (1) Promote the research and study methods of cultivating, processing, and marketing hemp; (2) Promote the expansion of the Co…

(1) Notwithstanding any other provision of law to the contrary, it is lawful for a licensee, or his or her agent, to cultivate, handle, or process hemp or hemp products in the Commonwealth. (2) It is unlawful for a person who does not hold a license issued by the department, or w…

(1) The Hemp Advisory Board is created for the purpose of providing advice and expertise as may be needed by the department with respect to plans, policies, and procedures applicable to the administration of its respective hemp program. (2) The Hemp Advisory Board shall be attach…

-- Licensure for cultivation, handling, processing, and marketing of hemp. (1) In addition to any other powers vested in it by law, the department shall have the authority and power to promulgate administrative regulations to: (a) License persons who wish to cultivate, handle, pr…

content of more than three-tenths of one percent (0.3%) -- Exception. (1) As used in this section, "location" means a single contiguous parcel of land and any buildings situated thereon. (2) No person shall move or transport, or aid or abet another person in moving or transportin…

penalty authorized -- Exception. (1) The department may temporarily suspend a license up to sixty (60) days if the licensee is alleged to have: (a) Violated any provision of KRS 260.850 to 260.869 or an administrative regulation promulgated under the authority of KRS 260.850 to 2…

(1) The hemp program fund is hereby created as a separate trust fund in the State Treasury. The fund shall consist of amounts received from appropriations, and any other proceeds from gifts, grants, federal funds, application fees, or license fees provided by KRS 260.862, civil p…