KRS 260.765: Definitions for KRS 260.765 to 260.772.

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 limit ed 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 i ncluding 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 ba sil, 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; mulber ries, 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 co nsumed 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, c ocoa 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" mean s 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.