260.017 Kentucky Proud™ Program -- Logo or statement labeling -- Licensing --
469 words·~2 min read·
/ky/260-017A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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. The Commissioner may develop labeling statements that apply to
specific marketing or promotional needs.
(2)The logo or labeling statement shall not be used without a license from the
Commissioner, except that wholesalers and retailers may use the logo or labeling
statement for displaying and advertising products that qualify for the Kentucky
Proud™ Program. The Commissioner may deny the use of the logo or labeling
statements if they are used in a manner that does not meet the criteria of the
program.
(3)The logo or labeling statement shall not supersede or replace any federal or state
label or grade statement that is required by law.
(4)A person shall not use the logo or labeling statement without an annual license from
the Commissioner.
(5)In order to accomplish the purposes of this section, the Commissioner may
participate jointly with persons in appropriate logo programs and projects and may
enter into contracts necessary to carry out those programs and projects.
(6)If funds are available, the Department of Agriculture may provide grants-in-aid and
other assistance to those persons who wish to participate in the Kentucky Proud™
Program.
(7)The Commissioner may promulgate administrative regulations necessary to carry
out the provisions of KRS 260.016 to 260.019, and may establish a fee schedule for
persons who process, manufacture, or distribute eligible agricultural products in
Kentucky. Those persons may be required to pay a fee into the fund created by KRS
260.019 in order to participate in the Kentucky Proud™ Program.
(8)It shall be the duty of the department, or upon the request of the Commissioner of
Agriculture, of the Attorney General, to bring an action for the recovery of the
penalties provided in this section, and to bring an action for an injunction against
any person violating or threatening to violate any of the provisions of KRS 260.016
to 260.019 or the administrative regulations promulgated in accordance with KRS
260.016 to 260.019.
(9)A person who is required to have a license to participate in the Kentucky Proud™
Program and uses the logo or labeling statement without a license after being
notified by the Commissioner that a license is required shall be liable to a civil
penalty not to exceed the sum of one hundred dollars ($100) for the violation, and
an additional civil penalty not to exceed one hundred dollars ($100) for each day
during which the violation continues. The penalties shall be recoverable in an action
brought in the name of the Commonwealth of Kentucky by the department or, upon
the department's request, by the Attorney General.