KRS 260.768: Eligibility for exemption from requirements of KRS 260.765 to 260.772

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 health significance;

(b) The covered farm discloses in documents accompanying the produce, in

accordance with the practice of the trade, that the foo d is "not processed to

adequately reduce the presence of microorganisms of public health

significance";

(c) The covered farm complies with the requirements of 21 C.F.R. sec. 112.2;

(d) The requirements of 21 C.F.R. pt. 112 Subpart A and Subpart Q apply to that

produce; and

(e) An entity that provides a written assurance under 21 C.F.R. sec. 112.2 acts

consistently with the assurance and documents its actions taken to satisfy the

written assurance.

(2) A covered farm is not subject to KRS 260.765 to 260.772 if:

(a) It satisfies the requirements in 21 C.F.R. secs. 112.5, 112.6, and 112.7;

(b) An owner, operator, or agent in charge of a covered farm that is eligible for a

qualified exemption is required to complete any training courses as designated

by the department; and

(c) The United States Food and Drug Administration or the department has not

withdrawn the covered farm's exemption in accordance with the requirements

of 21 C.F.R pt. 112 Subpart R, KRS 260.765 to 260.772, or any

administrative regulation adopted pursuant to KRS 260.769.

(3) A covered farm is eligible for a qualified exemption and associated modified

requirements in a calendar year if:

(a) During the previous three (3) year period preceding the applicable calendar

year, the average annual monet ary value of the food the farm sold directly to

qualified end-users during that period exceeded the average annual monetary

value of the food the farm sold to all other buyers during that period; and

(b) The average annual monetary value of all food the fa rm sold during the three

(3) year period preceding the applicable calendar year was less than five

hundred thousand dollars ($500,000), adjusted for inflation, using 2011 as the

baseline year for the calculation.

(4) If a farm is eligible for a qualified e xemption in accordance with 21 C.F.R. sec.

112.5, then the farm is subject to the requirements of 21 C.F.R. sec. 112 Subparts

A, O, Q, and R and the modified requirements established in 21 C.F.R. secs. 112.6

and 112.7.