Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 60 - Produce Safety › Section 302 KAR 60:010 - Produce safety

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 260, 21 C.F.R. Part 112
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.769(1) authorizes
				the Department of Agriculture to promulgate administrative regulations for the
				efficient administration and enforcement of Kentucky's Produce Safety Rule for
				covered produce and covered farms. This administrative regulation establishes a
				uniform code for the growing, harvesting, packing, and holding of produce for
				human consumption.
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 are inventoried and subject to regulatory inspection by the
			 department.
(3) "Certificate of
			 exemption" means a certificate of exempt status issued by the department
			 pursuant to Section 5 of this administrative regulation for:
(a) Farms growing only produce that is rarely
			 consumed raw,
(b) Farms growing
			 only produce for personal consumption or produced for consumption on the
			 farm,
(c) Produce that receives
			 commercial processing that adequately reduces the presence of microorganisms of
			 public health significance, or
(d)
			 Farms where, during the previous three (3) year period, a farmers' average of
			 all produce sales was $25,000 or less (on a rolling basis), adjusted for
			 inflation using 2011 as the baseline year for calculating the
			 adjustment.
(4)
			 "Certificate of qualified exemption" means a certificate of 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) "Egregious
			 condition" 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. 112, KRS Chapter 260, and this
			 administrative regulation.
(11)
			 "Inspection" means an official regulatory visit conducted by the department for
			 the purpose verifying compliance with 21 C.F.R. Part 112 , KRS Chapter 260 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 the farm is in substantial
			 compliance, with no violating conditions or only minor violations noted at the
			 time of inspection.
(14) "Official
			 Action Indicated" or "OAI" means a farm inspection classification that
			 indicates one (1) or more egregious violations materially related to food
			 safety have been cited, or that an uncorrected VAI condition on a previous
			 inspection has been cited.
(15)
			 "Qualified exempt farm" means a farm that has met the eligibility requirements
			 of KRS Chapter 260 for qualified exemption and has been 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 a
			 farm is generally in compliance, with only minor violations cited, which are
			 not significant enough to pose an imminent health hazard.