260.765 Definitions for KRS 260.765 to 260.772.
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/ky/chapter-260/260-765A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in KRS 260.765 to 260.772, unless context requires a different meaning:
(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.