Title 302 | Chapter 060 | Regulation 010REG
PROPOSED
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DEPARTMENT OF AGRICULTURE
Office of Marketing
(Amendment)
302 KAR 60:010.Produce safety.
Section 1.
Definitions.(1)
"Adulterated" means covered produce in any growing, harvesting, packing, or holding area that has been subject to conditions whereby it could have become contaminated with filth or microorganisms of public health significance, or whereby it could have been rendered injurious to health.(2)
"Certificate of compliance" means a certificate issued by the department for covered farms that have been inspected and determined to be compliant with 21 C.F.R. 112, KRS 260.765 to 260.772, and this administrative regulation(3)
"Non-covered farm(a)
Grows(b)
Grows(c)
Grows only produce(d)
Has an(4)
"Certificate of qualified exemption" means a certificate of qualified exempt status issued by the department pursuant to Section 4 of this administrative regulation.(5)
"Covered farm" is defined by KRS 260.765(2).(6)
"Covered produce" is defined by KRS 260.765(1).(7)
"Department" is defined by KRS 260.765(3).(8)
"Conditions of public health significance(a)
Serious adverse health consequences or death from the consumption of or exposure to covered produce; or(b)
An imminent public health hazard if corrective action is not taken immediately.(9)
"Farm" is defined in 21 C.F.R. Part 112 and includes both a Primary Production Farm and a Secondary Activities Farm.(10)
"Farmer" is defined as the owner, operator, or agent in charge of a covered farm that is subject to some or all of the requirements in 21 C.F.R. Part 112, KRS 260.765 to 260.772,(11)
"Inspection" means an official regulatory visit conducted by the department for the purpose of verifying compliance with 21 C.F.R. Part 112, KRS 260.765 to 260.772,(12)
"Microorganisms" means microbial pathogens of public health significance.(13)
"No Action Indicated" or "NAI" means a farm inspection classification that indicates no objectionable conditions or practices were found during the inspection(14)
"Official Action Indicated" or "OAI" means a farm inspection classification that indicates regulatory or administrative actions are recommended(15)
"Qualified exempt farm" means a farm that has met the eligibility requirements of KRS 260.768(16)
"Stop Use Order" means an order issued by the department declaring the cessation of a covered activity; use of a utensil, piece of equipment, or machinery; water distribution device; or room or area used for the production, handling, or storage of covered produce.(17)
"Voluntary Action Indicated" or "VAI" means a farm inspection classification that indicates objectionable conditions or practices were found, but the agency is not prepared to take or recommend any administrative or regulatory actionSection 2.
Right to Scheduled On-site Verification Visits. The department reserves the right to schedule, at any reasonable time, an on-site visit to verify if a farm is non-coveredSection 3.
Produce Farm Survey. All produce farmers in Kentucky, who market their produce,Section 4.
Qualified Exemption.(1)
A covered farm that meets the requirements for a qualified exemption may apply for qualified exempt status with the department by submitting an Application for Qualified Exemption.(2)
Upon the department's review of the Application for Qualified Exemption, a farm verified as having met the requirements for exemption status shall be issued a certificate of qualified exemption.(3)
A certificate of qualified exemption shall be non-transferrable.(4)
A certificate of qualified exemption shall only be issued:(a)
In the name of the applicant; and(b)
For the farm(5)
Unless otherwise withdrawn, the certificate of qualified exemption shall be valid for up to five (5)(6)
Qualified exemption certificates(7)
Failure to submit an updated Application for Qualified Exemption to the Department by the expiration date(8)
All qualified exempt farms shall be required to complete a yearly self-evaluation(9)
The department(10)
If a farm's qualified exemption is withdrawn by the department, the farm shall be considered "covered" and shall be subject to all requirements of 21 C.F.R. Part 112, KRS 260.765 to 260.772, and(11)
Any applicant whose application for qualified exemption has been denied or withdrawn by the department may appeal the action as established in Section 11 of this administrative regulation.(12)
Any person whose qualified exemption has been withdrawn by the department may submit a written request for reinstatement of the qualified exemption to the department's Produce Safety Program Manager.(13)
Within ten (10) days following receipt of a written request for reinstatement, including a statement signed by the farmer that, in the farmer's opinion, the condition causing the withdrawal of qualified exemption has been corrected, the department shall make an inspection, and if the inspection reveals that the condition causing the withdrawal has been corrected, the qualified exemption shall be reinstated.Section 5.
Non-covered Farms(1)
To qualify as a non-covered farm, a produce farm shall:(2)
(a)
Only(b)
Only use produce(c)
Only grow produce that(d)
Only grow produce that meets any of the requirements of subsections (a) to (c) of this subsection; or(e)
During the previous three (3) year period, sell produce with an average annual monetary value of(2)(3)
(4)
(5)
(a)
(b)
(6)
(7)
All non-coveredSection 6.
Inspection Frequency and(1)
Covered farms shall be inspected at least once every five (5) years.(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(2)
The(a)
(b)
(c)
(3)
(3)(4)
Inspection records. The department representative inspecting a covered farm shall record the findings on the Produce Farm Inspection Observations Report and shall provide a copy of the inspection report to the farmer.(5)
(a)
(b)
1.
2.
(6)
Section 7.
Violations, Notices and Corrective Actions(1)
Upon completion of each inspection, a recommended classification of NAI, VAI, or OAI and the timeframe for correcting any violation shall be specified on the Produce Farm Inspection Observations Report.(2)
If a farm has committed a violation of 21 C.F.R. Part 112, KRS 260.765 to 260.772(a)
NAI - No corrective actions are required and no changes in the inspection frequency shall be warranted under this classification;(b)
VAI - A follow-up inspection shall occur no later than(c)
OAI - A follow-up inspection shall be conducted within(3)
Issuances of notices. If an inspection reveals a violation of this administrative regulation, the department shall notify the farmer. The notice shall contain:(a)
The specific violations found;(b)
A specific and reasonable period of time for the correction based on the nature of the violations found;(c)
A statement that failure to comply with a notice from the department, or to a violation within the time established by the notice, shall result in regulatory action up to and including civil penalties, as established in KRS 260.772; and(d)
A statement that the farmer may appeal from an adverse notice or inspection finding by submitting a written request to the department within ten (10) days following service of notice.(4)
Service of notice. A notice provided for under this section shall be properly served if a copy of the notice has been delivered personally to the farmer, or the notice has been sent by registered or certified mail, return receipt requested, to the last known address of farmer.(2)
(5)(3)
A farm that receives an inspection classification of (a)
(b)
(6)(4)
Failure to submit a plan of corrective action to the department within ten (10) days(7)(5)
If, during the follow-up(a)
Extend the timeframe for corrective action if the department determines that progress towards compliance has been made;(b)
Issue a warning letter;(c)
Initiate enforcement provisions pursuant to Sections 8, 9 and 10 of this administrative regulation; or(d)
Initiate enforcement provisions pursuant to KRS 260.769 to 260.772Section 8.
Stop Use.(1)
If a duly authorized agent of the department finds, or has probable cause to believe, that a covered activity or the continued use of a utensil, piece of equipment or machinery, water distribution device, or room or area used for the production, handling or storage of covered produce could result in adulterated product, the department shall issue a Stop Use Order to the farmer.(a)
The reason for the Stop Use Order shall be documented on the Notice to Stop Use.(b)
The Notice to Stop Use shall notify all persons to discontinue a covered activity or use of a utensil, piece of equipment or machinery, water distribution device, or room or area used for the production, handling, or storage of covered produce until conditions causing the Stop Use Order have been corrected and permission for use is given by a duly authorized agent of the department.(2)
A person shall not, without department permission, utilize a piece of equipment, room, or area used for the production, handling, or storage of covered produce for which a Stop Use Order has been issued.(3)
If the department has evidence that a farmer has violated the provisions contained in this section, enforcement provisions shall be initiated pursuant to KRS 260.769 to 260.772Section 9.
(1)
The department shall have the authority to examine and collect water, produce, and environmental samples as often as necessary for the enforcement of this administrative regulation.(2)
A farmer shall take immediate steps to correct any condition of public health significance(3)
If a duly authorized agent of the department finds or has probable cause to believe that covered produce in any growing, harvesting, packing, or holding area has been subject to conditions that could contaminate(a)
The reason for the order shall be documented in(b)
The Stop Movement Order shall give notice that the covered produce is, or is suspected of, being contaminated or injurious to health and order(4)
The department shall issue a Notice of Voluntary Destruction to a farmer who elects to voluntarily destroy covered produce for which a Stop Movement Order has been issued.(5)
If covered produce for which a Stop Movement Order has been issued can be safely diverted by the farmer for alternative uses that do not pose a risk to human or animal health, the department, if requested, shall issue a Notice of Diversion/Change Order to the farmer.(6)
In all other instances, the department shall comply with KRS 260.765 to 260.772(7)
If the department has evidence that a farmer has failed to act to correct a condition of public health significanceSection 10.
Enforcement Provisions.(1)
If the department has substantial reason to believe that a covered farm has failed to act to correct a condition of public health significance(a)
Issue a stop use(b)
Issue a stop movement order; or(c)
Seek civil or criminal penalties under KRS 260.765 to 260.772(2)
In all other instances of violation of this administrative regulation, the department shall serve the(3)
Notices provided for under this administrative regulation shall be deemed to have been properly served if:(a)
A copy of the inspection report or other notice has been delivered personally to the farm owner(b)
The notice has been sent by registered or certified mail, return receipt.(4)
Failure to comply with any provision ofSection 11.
Appeals. All appeals of KDA determinations shall be in accordance with KRS Chapter 13B.Section 12.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Produce Farm Inventory Survey(b)
"Application for Qualified Exemption", 08/2026.(c)
(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, 111 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. The material incorporated by reference is also available on the Department's website at https://www.kyagr.com/marketing/produce-safety.html.JONATHAN SHELL, Commissioner of Agriculture
APPROVED BY AGENCY: August 13, 2026
FILED WITH LRC: August 13, 2026 at 1:10 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 28, 2026, at 10:00 A.M., at 111 Corporate Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through October 31, 2026. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Marc E. Manley, Deputy General Counsel, Department of Agriculture, 107 Corporate Drive, Frankfort, Kentucky 40601. (502) 782-9219. MarcE.Manley@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Marc Manley, Phone: (502) 782-9219, Email: MarcE.Manley@ky.gov
Subject Headings:
Agriculture, Food and Food Safety, Inspections
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes a uniform code for the growing, harvesting, packing, and holding of produce for human consumption.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary because under KRS 260.766, the General Assembly has designated the Department of Agriculture to implement the federal Produce Safety Rule, 21 C.F.R. pt. 112, which was promulgated by the United States Food and Drug Administration under the authority of the Food Safety Modernization Act, Pub. L. No. 111-353.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 260.766 directs the Department of Agriculture to implement the federal Produce Safety Rule. KRS 260.769 authorizes the Department to promulgate administrative regulations for the purpose of administering and enforcing KRS 260.765 to KRS 260.772.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
KRS 260.769 authorizes the Department to promulgate administrative regulations for the purpose of administering and enforcing KRS 260.765 to KRS 260.772. This administrative regulation requires certain entities growing produce for human consumption to meet safety and hygiene standards to protect the public.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment bring the administrative regulation more in line with federal requirements and eliminates obsolete requirements never required under federal law. The amendment also changes terminology to be consistent with federal definitions and terms.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary to remove obsolete burdens on Kentucky produce producers and bring the program in-line with federal requirements.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 260.766 directs the Department of Agriculture to implement the federal Produce Safety Rule. KRS 260.769 authorizes the Department to promulgate administrative regulations for the purpose of administering and enforcing KRS 260.765 to KRS 260.772.
(d) How the amendment will assist in the effective administration of the statutes:
KRS 260.769 authorizes the Department to promulgate administrative regulations for the purpose of administering and enforcing KRS 260.765 to KRS 260.772. This administrative regulation requires certain entities growing produce for human consumption to meet safety and hygiene standards to protect the public.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
No
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This amendment will impact approximately 1,300 produce producers in the Commonwealth. This amendment will not impact any state or local governments.
(5) Provide an analysis of how the entities identified in question (4) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (4) will have to take to comply with this administrative regulation or amendment:
No additional action is necessary for those impacted in question (4). This amendment reduces the frequency of inspections conducted by the Department and eliminates the requirement that certain exempt producers submit paperwork to obtain a certificate of exemption.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
There are no anticipated increases in costs associated with this amendment. Some producers will experience a slight decrease in costs associated with time to fill out paperwork that is no longer required.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
Those individuals identified in question (4) who comply with this administrative regulation will be able to sell produce to retail establishments in compliance with federal safety and hygiene requirements.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
$0.00. There are no additional costs as a result on this amendment and in fact, agency costs will decrease as less time will be spent conducting inspections and processing paperwork that is being eliminated.
(b) On a continuing basis:
$0.00. There are no additional costs as a result on this amendment and in fact, agency costs will decrease as less time will be spent conducting inspections and processing paperwork that is being eliminated.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
Because this amendment is not anticipated to increase agency costs, the Department of Agriculture will use the same source of funding it has used to administer the Produce Safety Rule program since its inception.
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in fees or funding is necessary as a result of this amendment.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish any fees directly or indirectly.
(10) TIERING: Is tiering applied?
No tiering is being applied because this administrative regulation treats all impacted individuals the same.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
KRS 260.765, KRS 260.766, KRS 260.767, KRS 260.768, KRS 260.769, KRS 260.770, KRS 260.771, KRS 260.772, 21 C.F.R. pt. 112
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
2020 Ky. Acts ch. 68, sec. 5, effective July 15, 2020
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The promulgating agency is the Department of Agriculture. The Department of Agriculture is the only state unit impacted by this administrative regulation. No other state units, parts, or divisions are affected by this administrative regulation.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
$575,769, based on new cost savings from this amendment
For subsequent years:
$575,769, based on new cost savings from this amendment
2. Revenues:
For the first year:
$0.00
For subsequent years:
$0.00
3. Cost Savings:
For the first year:
$60,136, as compared to current expenditures
For subsequent years:
$60,136, as compared to current expenditures
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
No other state or local entity is impacted by this administrative regulation.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
This administrative regulation impacts produce farmers, but the regulation does not impose additional burdens beyond those required under the federal Produce Safety Rule. Among other things that do not impact regulated entities, this amendment eliminates some paperwork that the Department previously requested from regulated entities that is not required under federal law.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
$0.00
For subsequent years:
$0.00
2. Revenues:
For the first year:
$0.00
For subsequent years:
$0.00
3. Cost Savings:
For the first year:
$0.00
For subsequent years:
$0.00
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
The Department reviewed its annual budget allocation for this program and estimated the cost savings that would be obtained by reducing the number of on farm inspections, increasing the duration certification lasts without requiring renewal, and the elimination of some paperwork for farmers not required by federal law. The Department estimates this amendment does not result in new direct or indirect costs to regulated entities because this administrative regulation, as amended, identically aligns the Department’s requirements with federal law. Because regulated entities are already required to meet the requirements of this administrative regulation pursuant to federal law, the Department does not believe this administrative regulation increases costs for regulated entities.
(b) Methodology and resources used to reach this conclusion:
The cost savings identified in (3)(b) are based on reducing employee time spent executing this program and spending that time performing additional services for the USDA to perform GAP audits for farmers. GAP is a voluntary certification farmers may elect that opens their crops to new markets. GAP is unrelated to this administrative regulation and this program.
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
While the overall cost to implement this administrative regulation exceeds $500,000 each biennium, that cost existed prior to the enactment of HB 6 in 2025. This amendment will result in cost savings to the Commonwealth by freeing up Department employees’ time so that it may be used to perform services on behalf of USDA in certifying GAP farms in exchange for new revenue.
(b) The methodology and resources used to reach this conclusion:
GAP certification is a voluntary certification farmers may obtain that will open new markets. Many high-volume food aggregators/distributors require GAP certification. The USDA conducts GAP audits for farmers in exchange for a fee paid by the farmer to obtain the certification. Department staff time that is saved because of this amendment will be used to conduct those GAP audits. In other words, the cost savings identified in this fiscal impact statement are an indirect effect of this amendment to this administrative regulation.
DEPARTMENT OF AGRICULTURE
Office of Marketing
(Amendment)
302 KAR 60:010.Produce safety.
Section 1.
Definitions.(1)
"Adulterated" means covered produce in any growing, harvesting, packing, or holding area that has been subject to conditions whereby it could have become contaminated with filth or microorganisms of public health significance, or whereby it could have been rendered injurious to health.(2)
"Certificate of compliance" means a certificate issued by the department for covered farms that have been inspected and determined to be compliant with 21 C.F.R. 112, KRS 260.765 to 260.772, and this administrative regulation by the department.(3)
"Non-covered farm" means a farm which is not subject to the requirements of 21 C.F.R. 112, KRS 260.765 to 260.772, and this administrative regulation because the farm:(a)
Grows only produce that is rarely consumed raw,(b)
Grows only produce for personal consumption or produced for consumption on the farm,(c)
Grows only produce that receives commercial processing that adequately reduces the presence of microorganisms of public health significance, or(d)
Has an average of all produce sales of $25,000 or less (on a rolling basis), during the previous three (3) year period, adjusted for inflation using 2011 as the baseline year for calculating the adjustment.(4)
"Certificate of qualified exemption" means a certificate of qualified exempt status issued by the department pursuant to Section 4 of this administrative regulation.(5)
"Covered farm" is defined by KRS 260.765(2).(6)
"Covered produce" is defined by KRS 260.765(1).(7)
"Department" is defined by KRS 260.765(3).(8)
"Conditions of public health significance" means a practice, condition, or situation that is reasonably likely to lead to:(a)
Serious adverse health consequences or death from the consumption of or exposure to covered produce; or(b)
An imminent public health hazard if corrective action is not taken immediately.(9)
"Farm" is defined in 21 C.F.R. Part 112 and includes both a Primary Production Farm and a Secondary Activities Farm.(10)
"Farmer" is defined as the owner, operator, or agent in charge of a covered farm that is subject to some or all of the requirements in 21 C.F.R. Part 112, KRS 260.765 to 260.772, and this administrative regulation.(11)
"Inspection" means an official regulatory visit conducted by the department for the purpose of verifying compliance with 21 C.F.R. Part 112, KRS 260.765 to 260.772, and this administrative regulation.(12)
"Microorganisms" means microbial pathogens of public health significance.(13)
"No Action Indicated" or "NAI" means a farm inspection classification that indicates no objectionable conditions or practices were found during the inspection .(14)
"Official Action Indicated" or "OAI" means a farm inspection classification that indicates regulatory or administrative actions are recommended.(15)
"Qualified exempt farm" means a farm that has met the eligibility requirements of KRS 260.768 for qualified exemption and may be issued a certificate of qualified exemption from the department.(16)
"Stop Use Order" means an order issued by the department declaring the cessation of a covered activity; use of a utensil, piece of equipment, or machinery; water distribution device; or room or area used for the production, handling, or storage of covered produce.(17)
"Voluntary Action Indicated" or "VAI" means a farm inspection classification that indicates objectionable conditions or practices were found, but the agency is not prepared to take or recommend any administrative or regulatory action.Section 2.
Right to Scheduled On-site Verification Visits. The department reserves the right to schedule, at any reasonable time, an on-site visit to verify if a farm is non-covered, covered, or eligible for a qualified exemption.Section 3.
Produce Farm Survey. All produce farmers in Kentucky, who market their produce, shall be required to complete a produce farm inventory survey .Section 4.
Qualified Exemption.(1)
A covered farm that meets the requirements for a qualified exemption may apply for qualified exempt status with the department by submitting an Application for Qualified Exemption.(2)
Upon the department's review of the Application for Qualified Exemption, a farm verified as having met the requirements for exemption status shall be issued a certificate of qualified exemption.(3)
A certificate of qualified exemption shall be non-transferrable.(4)
A certificate of qualified exemption shall only be issued:(a)
In the name of the applicant; and(b)
For the farm location or locations identified in the application.(5)
Unless otherwise withdrawn, the certificate of qualified exemption shall be valid for up to five (5) years.(6)
Qualified exemption certificates shall be valid for the balance of the calendar year of issuance regardless of date, and for the four (4) calendar years ending December 31 thereafter. Renewals for an additional five (5) year period shall be upon submission of an Application for Qualified Exemption.(7)
Failure to submit an updated Application for Qualified Exemption to the Department by the expiration date on the certificate of exemption shall result in forfeiture of the qualified exemption certificate. The Department may conduct a scheduled on-site verification visit to determine if the farm is non-covered, qualified exempt, or covered and subject to all requirements of 21 C.F.R. Part 112, KRS 260.765 to 260.772, and this administrative regulation .(8)
All qualified exempt farms shall be required to complete a yearly self-evaluation of qualified exemption status. If a farm's qualified exempt status changes to covered status, the farmer shall immediately notify the department.(9)
The department shall only withdraw a qualified exemption as permitted under 21C.F.R. Part 112, Subpart R or this administrative regulation by sending written notice to the farm.(10)
If a farm's qualified exemption is withdrawn by the department, the farm shall be considered "covered" and shall be subject to all requirements of 21 C.F.R. Part 112, KRS 260.765 to 260.772, and this administrative regulation.(11)
Any applicant whose application for qualified exemption has been denied or withdrawn by the department may appeal the action as established in Section 11 of this administrative regulation.(12)
Any person whose qualified exemption has been withdrawn by the department may submit a written request for reinstatement of the qualified exemption to the department's Produce Safety Program Manager.(13)
Within ten (10) days following receipt of a written request for reinstatement, including a statement signed by the farmer that, in the farmer's opinion, the condition causing the withdrawal of qualified exemption has been corrected, the department shall make an inspection, and if the inspection reveals that the condition causing the withdrawal has been corrected, the qualified exemption shall be reinstated.Section 5.
Non-covered Farms:(1)
To qualify as a non-covered farm, a produce farm shall:(a)
Only grow produce that is rarely consumed raw, specifically including: asparagus, black beans, great Northern beans, kidney beans, lima beans, navy beans, pinto beans, beets, garden (roots and tops) beets, sugar beets, cashews, sour cherries, chickpeas, cocoa beans, coffee beans, collards, sweet corn, cranberries, dates, dill (seeds and weed), eggplants, figs, ginger, hazelnuts, horseradish, lentils, okra, peanuts, pecans, peppermint, potatoes, pumpkins, mature southern field peas (such as black-eyed peas, cowpeas, crowder peas, purple hull peas, sea island peas, silver peas, and speckled peas), winter squash, sweet potatoes, and water chestnuts;(b)
Only use produce grown on the farm for personal consumption or consumption on the farm or another farm under the same management;(c)
Only grow produce that is commercially processed in a manner that adequately reduces the presence of microorganisms of public health significance as permitted by 21 C.F.R. Part 112.2(b);(d)
Only grow produce that meets any of the requirements of subsections (a) to (c) of this subsection; or(e)
During the previous three (3) year period, sell produce with an average annual monetary value of $25,000 or less (on a rolling basis) adjusted for inflation using 2011 as the baseline year for calculating the adjustment.(2)
All non-covered farms shall be required to complete a yearly self-evaluation of exemption status. If a farm's non-covered status changes to covered status, the farmer shall immediately notify the department.Section 6.
Inspection Frequency and Records.(1)
Covered farms shall be inspected at least once every five (5) years.(2)
The department shall make as many additional inspections and re-inspections as are necessary for the enforcement of this administrative regulation.(3)
Inspection records. The department representative inspecting a covered farm shall record the findings on the Produce Farm Inspection Observations Report and shall provide a copy of the inspection report to the farmer.Section 7.
Violations, Notices and Corrective Actions.(1)
Upon completion of each inspection, a recommended classification of NAI, VAI, or OAI and the timeframe for correcting any violation shall be specified on the Produce Farm Inspection Observations Report.(2)
If a farm has committed a violation of 21 C.F.R. Part 112, KRS 260.765 to 260.772, or this administrative regulation, an opportunity to correct the violation shall be provided in accordance with the following classifications:(a)
NAI - No corrective actions are required and no changes in the inspection frequency shall be warranted under this classification;(b)
VAI - A follow-up inspection shall occur no later than the date of the next routine inspection to determine if the violation causing this classification has been corrected; or(c)
OAI - A follow-up inspection shall be conducted within thirty (30) days to determine if the violation causing the classification has been corrected. A farm shall also be classified as OAI if it continually fails to correct a violation previously classified under a VAI designation or if a condition of public health significance is noted during an inspection.(3)
Issuances of notices. If an inspection reveals a violation of this administrative regulation, the department shall notify the farmer. The notice shall contain:(a)
The specific violations found;(b)
A specific and reasonable period of time for the correction based on the nature of the violations found;(c)
A statement that failure to comply with a notice from the department, or to a violation within the time established by the notice, shall result in regulatory action up to and including civil penalties, as established in KRS 260.772; and(d)
A statement that the farmer may appeal from an adverse notice or inspection finding by submitting a written request to the department within ten (10) days following service of notice.(4)
Service of notice. A notice provided for under this section shall be properly served if a copy of the notice has been delivered personally to the farmer, or the notice has been sent by registered or certified mail, return receipt requested, to the last known address of farmer.(5)
A farm that receives an inspection classification of OAI shall submit a plan of corrective action to the department withinten (10) days following the inspection.(6)
Failure to submit a plan of corrective action to the department within ten (10) days shall result in the initiation of enforcement provisions pursuant to KRS 260.769 to 260.772 and Section 10 of this administrative regulation.(7)
If, during the follow-up inspection, the violation noted on the previous inspection has not been corrected, the department shall:(a)
Extend the timeframe for corrective action if the department determines that progress towards compliance has been made;(b)
Issue a warning letter;(c)
Initiate enforcement provisions pursuant to Sections 8, 9 and 10 of this administrative regulation; or(d)
Initiate enforcement provisions pursuant to KRS 260.769 to 260.772.Section 8.
Stop Use.(1)
If a duly authorized agent of the department finds, or has probable cause to believe, that a covered activity or the continued use of a utensil, piece of equipment or machinery, water distribution device, or room or area used for the production, handling or storage of covered produce could result in adulterated product, the department shall issue a Stop Use Order to the farmer.(a)
The reason for the Stop Use Order shall be documented on the Notice to Stop Use.(b)
The Notice to Stop Use shall notify all persons to discontinue a covered activity or use of a utensil, piece of equipment or machinery, water distribution device, or room or area used for the production, handling, or storage of covered produce until conditions causing the Stop Use Order have been corrected and permission for use is given by a duly authorized agent of the department.(2)
A person shall not, without department permission, utilize a piece of equipment, room, or area used for the production, handling, or storage of covered produce for which a Stop Use Order has been issued.(3)
If the department has evidence that a farmer has violated the provisions contained in this section, enforcement provisions shall be initiated pursuant to KRS 260.769 to 260.772 and Section 10 of this administrative regulation.Section 9.
Conditions of public health significance, Examination, and Detention of Foods.(1)
The department shall have the authority to examine and collect water, produce, and environmental samples as often as necessary for the enforcement of this administrative regulation.(2)
A farmer shall take immediate steps to correct any condition of public health significance.(3)
If a duly authorized agent of the department finds or has probable cause to believe that covered produce in any growing, harvesting, packing, or holding area has been subject to conditions that could contaminate the covered produce with filth or microorganisms of public health significance, or render the covered produce injurious to health as established by KRS 260.765 to 260.772, the department shall issue a Stop Movement Order to the farmer.(a)
The reason for the order shall be documented in the Stop Movement Order.(b)
The Stop Movement Order shall give notice that the covered produce is, or is suspected of, being contaminated or injurious to health and order all persons not to remove or dispose of the produce by sale or otherwise until permission for removal, disposal, or diversion is given by an agent of the department or the court.(4)
The department shall issue a Notice of Voluntary Destruction to a farmer who elects to voluntarily destroy covered produce for which a Stop Movement Order has been issued.(5)
If covered produce for which a Stop Movement Order has been issued can be safely diverted by the farmer for alternative uses that do not pose a risk to human or animal health, the department, if requested, shall issue a Notice of Diversion/Change Order to the farmer.(6)
In all other instances, the department shall comply with KRS 260.765 to 260.772 regarding the disposition of produce for which a Stop Movement Order was issued.(7)
If the department has evidence that a farmer has failed to act to correct a condition of public health significance, enforcement provisions shall be initiated pursuant to KRS 260.765 to 260.772 and Section 10 of this administrative regulation.Section 10.
Enforcement Provisions.(1)
If the department has substantial reason to believe that a covered farm has failed to act to correct a condition of public health significance; if a farm owner, operator, or agent in charge has interfered with the department in the performance of its duties after its agents have duly and officially identified themselves; or if a farm has failed to comply with an OAI inspection notice within the timeframe granted, the department may:(a)
Issue a stop use order for that portion or portions of the covered farm affected by the condition of public health significance;(b)
Issue a stop movement order; or(c)
Seek civil or criminal penalties under KRS 260.765 to 260.772.(2)
In all other instances of violation of this administrative regulation, the department shall serve the farm with a written notice specifying the violation and afford the farm an opportunity to correct.(3)
Notices provided for under this administrative regulation shall be deemed to have been properly served if:(a)
A copy of the inspection report or other notice has been delivered personally to the farm owner or the farm person-in-charge, or(b)
The notice has been sent by registered or certified mail, return receipt.(4)
Failure to comply with any provision of 21 C.F.R. Part 112, KRS 260.765 to 260.772, or this administrative regulation shall subject the farmer to civil penalties pursuant to KRS 260.990.Section 11.
Appeals. All appeals of KDA determinations shall be in accordance with KRS Chapter 13B.Section 12.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Produce Farm Inventory Survey", 08/2026; and(b)
"Application for Qualified Exemption", 08/2026.;(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, 111 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. The material incorporated by reference is also available on the Department's website at https://www.kyagr.com/marketing/produce-safety.html.JONATHAN SHELL, Commissioner of Agriculture
APPROVED BY AGENCY: August 13, 2026
FILED WITH LRC: August 13, 2026 at 1:10 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 28, 2026, at 10:00 A.M., at 111 Corporate Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through October 31, 2026. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Marc E. Manley, Deputy General Counsel, Department of Agriculture, 107 Corporate Drive, Frankfort, Kentucky 40601. (502) 782-9219. MarcE.Manley@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Marc Manley, Phone: (502) 782-9219, Email: MarcE.Manley@ky.gov
Subject Headings:
Agriculture, Food and Food Safety, Inspections
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes a uniform code for the growing, harvesting, packing, and holding of produce for human consumption.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary because under KRS 260.766, the General Assembly has designated the Department of Agriculture to implement the federal Produce Safety Rule, 21 C.F.R. pt. 112, which was promulgated by the United States Food and Drug Administration under the authority of the Food Safety Modernization Act, Pub. L. No. 111-353.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 260.766 directs the Department of Agriculture to implement the federal Produce Safety Rule. KRS 260.769 authorizes the Department to promulgate administrative regulations for the purpose of administering and enforcing KRS 260.765 to KRS 260.772.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
KRS 260.769 authorizes the Department to promulgate administrative regulations for the purpose of administering and enforcing KRS 260.765 to KRS 260.772. This administrative regulation requires certain entities growing produce for human consumption to meet safety and hygiene standards to protect the public.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment bring the administrative regulation more in line with federal requirements and eliminates obsolete requirements never required under federal law. The amendment also changes terminology to be consistent with federal definitions and terms.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary to remove obsolete burdens on Kentucky produce producers and bring the program in-line with federal requirements.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 260.766 directs the Department of Agriculture to implement the federal Produce Safety Rule. KRS 260.769 authorizes the Department to promulgate administrative regulations for the purpose of administering and enforcing KRS 260.765 to KRS 260.772.
(d) How the amendment will assist in the effective administration of the statutes:
KRS 260.769 authorizes the Department to promulgate administrative regulations for the purpose of administering and enforcing KRS 260.765 to KRS 260.772. This administrative regulation requires certain entities growing produce for human consumption to meet safety and hygiene standards to protect the public.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
No
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This amendment will impact approximately 1,300 produce producers in the Commonwealth. This amendment will not impact any state or local governments.
(5) Provide an analysis of how the entities identified in question (4) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (4) will have to take to comply with this administrative regulation or amendment:
No additional action is necessary for those impacted in question (4). This amendment reduces the frequency of inspections conducted by the Department and eliminates the requirement that certain exempt producers submit paperwork to obtain a certificate of exemption.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
There are no anticipated increases in costs associated with this amendment. Some producers will experience a slight decrease in costs associated with time to fill out paperwork that is no longer required.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
Those individuals identified in question (4) who comply with this administrative regulation will be able to sell produce to retail establishments in compliance with federal safety and hygiene requirements.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
$0.00. There are no additional costs as a result on this amendment and in fact, agency costs will decrease as less time will be spent conducting inspections and processing paperwork that is being eliminated.
(b) On a continuing basis:
$0.00. There are no additional costs as a result on this amendment and in fact, agency costs will decrease as less time will be spent conducting inspections and processing paperwork that is being eliminated.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
Because this amendment is not anticipated to increase agency costs, the Department of Agriculture will use the same source of funding it has used to administer the Produce Safety Rule program since its inception.
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in fees or funding is necessary as a result of this amendment.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish any fees directly or indirectly.
(10) TIERING: Is tiering applied?
No tiering is being applied because this administrative regulation treats all impacted individuals the same.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
KRS 260.765, KRS 260.766, KRS 260.767, KRS 260.768, KRS 260.769, KRS 260.770, KRS 260.771, KRS 260.772, 21 C.F.R. pt. 112
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
2020 Ky. Acts ch. 68, sec. 5, effective July 15, 2020
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The promulgating agency is the Department of Agriculture. The Department of Agriculture is the only state unit impacted by this administrative regulation. No other state units, parts, or divisions are affected by this administrative regulation.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
$575,769, based on new cost savings from this amendment
For subsequent years:
$575,769, based on new cost savings from this amendment
2. Revenues:
For the first year:
$0.00
For subsequent years:
$0.00
3. Cost Savings:
For the first year:
$60,136, as compared to current expenditures
For subsequent years:
$60,136, as compared to current expenditures
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
No other state or local entity is impacted by this administrative regulation.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
This administrative regulation impacts produce farmers, but the regulation does not impose additional burdens beyond those required under the federal Produce Safety Rule. Among other things that do not impact regulated entities, this amendment eliminates some paperwork that the Department previously requested from regulated entities that is not required under federal law.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
$0.00
For subsequent years:
$0.00
2. Revenues:
For the first year:
$0.00
For subsequent years:
$0.00
3. Cost Savings:
For the first year:
$0.00
For subsequent years:
$0.00
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
The Department reviewed its annual budget allocation for this program and estimated the cost savings that would be obtained by reducing the number of on farm inspections, increasing the duration certification lasts without requiring renewal, and the elimination of some paperwork for farmers not required by federal law. The Department estimates this amendment does not result in new direct or indirect costs to regulated entities because this administrative regulation, as amended, identically aligns the Department’s requirements with federal law. Because regulated entities are already required to meet the requirements of this administrative regulation pursuant to federal law, the Department does not believe this administrative regulation increases costs for regulated entities.
(b) Methodology and resources used to reach this conclusion:
The cost savings identified in (3)(b) are based on reducing employee time spent executing this program and spending that time performing additional services for the USDA to perform GAP audits for farmers. GAP is a voluntary certification farmers may elect that opens their crops to new markets. GAP is unrelated to this administrative regulation and this program.
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
While the overall cost to implement this administrative regulation exceeds $500,000 each biennium, that cost existed prior to the enactment of HB 6 in 2025. This amendment will result in cost savings to the Commonwealth by freeing up Department employees’ time so that it may be used to perform services on behalf of USDA in certifying GAP farms in exchange for new revenue.
(b) The methodology and resources used to reach this conclusion:
GAP certification is a voluntary certification farmers may obtain that will open new markets. Many high-volume food aggregators/distributors require GAP certification. The USDA conducts GAP audits for farmers in exchange for a fee paid by the farmer to obtain the certification. Department staff time that is saved because of this amendment will be used to conduct those GAP audits. In other words, the cost savings identified in this fiscal impact statement are an indirect effect of this amendment to this administrative regulation.