Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 10 - Egg Marketing › Section 302 KAR 10:025 - License application, refusal, revocation, suspension, and appeals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				260.550,
				260.560,
				260.580,
				260.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				260.560 requires the department to administer
				all provisions and exercise all administrative powers in egg marketing law and
				authorizes the department to promulgate administrative regulations necessary to
				carry out the provisions of the egg marketing law.
				KRS 260.580 requires
				the department to prescribe reasonable administrative regulations setting up
				standards governing the form and schedule for processing applications for egg
				licenses, the determination of whether an application for license shall be
				granted or denied, and the grounds for the suspension and revocation of a
				license. This administrative regulation prescribes the grounds for refusal,
				revocation, or suspension of a license and for placing licensee on a
				probationary period and the process for appeals.
Section 1. License Application. Persons
			 requiring licensure under
			 KRS
			 260.550 shall apply to the Kentucky
			 Department of Agriculture using forms Application for Retail License to Handle
			 Eggs or Application for Wholesale Egg Handler License.
Section 2. Refusal to Grant License. An
			 application for a license may be denied if the applicant has previously failed
			 to comply with the egg marketing law as provided in
			 KRS
			 260.540 to
			 260.560
			 and there is reason to believe that he or she will continue to refuse to comply
			 with the law.
Section 3. Suspension
			 of Licenses. If a licensee is found by an inspector to have sold or have eggs
			 on hand for sale which have not been graded or classified properly, or have
			 sold or offered eggs for sale which have not been handled in a manner as to
			 maintain and preserve the quality and grade in which they were sold or offered
			 for sale, or to have sold, offered or exposed for sale, or have in his or her
			 possession for sale, for human consumption, eggs that are inedible, then the
			 inspector may suspend the egg license of the licensee for a period not to
			 exceed five (5) days. The inspector shall notify the suspended party of his or
			 her administrative appellate rights. The inspector shall immediately notify the
			 department of his or her action.
Section
			 4. Probationary Period. If a licensee is found by an inspector to
			 have sold or have eggs on hand for sale which have not been candled, or which
			 are of a lower grade than labeled, or to have sold or offered for sale eggs
			 which have not been handled in a manner as to maintain and preserve the quality
			 and grade in which they were sold or offered for sale, or have in his or her
			 possession for sale, for human consumption, eggs that are inedible, then the
			 inspector may place the licensee on probation for a period not to exceed ten
			 (10) days. The inspector shall notify the licensee of the probation and inform
			 him or her that unless he or she takes necessary corrective measures within
			 this time period, then his or her license shall be suspended or revoked. The
			 inspector shall immediately notify the department of his or her action.
Section 5. Revocation of Licenses.
			 If a licensee is found by an inspector to have sold eggs or have eggs on hand
			 for sale which have not been candled, or which are of a lower grade than
			 labeled, or has failed to preserve the grade and quality of eggs for sale, or
			 has sold, or offered or exposed for sale, or has in his or her possession for
			 sale for human consumption eggs that are inedible, then the inspector may
			 recommend to the department that the licensee's license be revoked.
Section 6. Appeals. All appeals of KDA
			 determinations shall be done in accordance with KRS Chapter 13B.
Section 7. Incorporation by Reference.
(1) The following material is incorporated by
			 reference:
(a) "Application for Retail License
			 to Handle Eggs", June 2020; and
(b)
			 "Application for Wholesale Egg Handler License", June 2020.