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Current as of January 01, 2025 | Updated by Findlaw Staff
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, apricots, apriums, artichokes-globe-type, Asian pears, avocados, babacos, bananas, Belgian endive, blackberries, blueberries, boysenberries, Brazil nuts, broad beans, broccoli, Brussels sprouts, burdock, cabbages; Chinese cabbages including but not limited to bok choy, mustard, and Napa; cantaloupes, carambolas, carrots, cauliflower, celeriac, celery, chayote fruit, sweet cherries, chestnuts, chicory roots and tops; citrus including but not limited to clementine, grapefruit, lemons, limes, mandarin, oranges, tangerines, tangors, and uniq fruit; cowpea beans, cress-garden, cucumbers, curly endive, currants, dandelion leaves, fennel-Florence, garlic, genip, gooseberries, grapes, green beans, guavas; herbs including but not limited to basil, chives, cilantro, oregano, and parsley; honeydew, huckleberries, Jerusalem artichokes, kale, kiwifruit, kohlrabi, kumquats, leek, lettuce, lychees, macadamia nuts, mangos; other melons including but not limited to Canary, Crenshaw, and Persian; mulberries, mushrooms, mustard greens, nectarines, onions, papayas, parsnips, passion fruit, peaches, pears, peas, and peas-pigeon; peppers including but not limited to bell and hot; pine nuts, pineapples, plantains, plums, plumcots, quince, radishes, raspberries, rhubarb, rutabagas, scallions, shallots, snow peas, soursop, and spinach; sprouts including but not limited to alfalfa and mung bean; strawberries; summer squash including but not limited to patty pan, yellow, and zucchini; sweetsop, Swiss chard, taro, tomatoes, and turmeric; turnips including roots and tops; walnuts, watercress, watermelons, and yams; and mixes of intact fruits and vegetables including but not limited to fruit baskets.
(b) “Covered produce” does not include produce that is:
1. Rarely consumed raw, specifically the produce on the following exhaustive list: asparagus, black beans, great northern beans, kidney beans, lima beans, navy beans, pinto beans; garden beets including roots and tops; sugar beets, cashews, sour cherries, chickpeas, cocoa beans, coffee beans, collards, sweet corn, cranberries, and dates; dill including seeds and weed; eggplants, figs, ginger, hazelnuts, horseradish, lentils, okra, peanuts, pecans, peppermint, potatoes, pumpkins, winter squash, sweet potatoes, and water chestnuts;
2. Produced by an individual for personal consumption or produced for consumption on the farm or another farm under the same management; or
3. Not a raw agricultural commodity;
(2) “Covered farm” means a farm or farm mixed-type facility that:
(a) Has an average annual monetary value of produce sold during the previous three (3) year period of more than twenty-five thousand dollars ($25,000) on a rolling basis, adjusted for inflation using 2011 as the baseline year for the calculation of the adjustment; and
(b) Is subject to all applicable requirements of 21 C.F.R. pt. 112, KRS 260.765 to 260.772, or any administrative regulation adopted pursuant to KRS 260.769, including registration requirements;
(3) “Department” means the Kentucky Department of Agriculture;
(4) “Farm” has the same meaning as in 21 C.F.R. sec. 112.3;
(5) “Farm mixed-type facility” has the same meaning as in 21 C.F.R. sec. 112.3;
(6) “Food” has the same meaning as in 21 C.F.R. sec. 112.3;
(7) “Produce” has the same meaning as in 21 C.F.R. sec. 112.3;
(8) “Qualified end-user” has the same meaning as in 21 C.F.R. sec. 112.3;
(9) “Raw agricultural commodity” has the same meaning as in 21 C.F.R sec. 112.3; and
(10) “Stop movement order” means an order issued by the department or its representative that removes covered produce and stops the sale of the removed product until a release or change of order has been issued by the department or its representative.
Cite this article: FindLaw.com - Kentucky Revised Statutes Title XXI. Agriculture and Animals § 260.765.Definitions for KRS 260.765 to 260.772 - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-xxi-agriculture-and-animals/ky-rev-st-sect-260-765/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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