The Kentucky Farm Food Freedom Act 2013

This was written by Take Back Kentucky in 2011. It did not see the light of day, but is very well written. Thomas Massie, soon to be Kentucky’s new U.S. House Representative in the 4th District, supports its passage.

It’s referred to in the Farm Food Freedom Pledge now available for candidates to sign. Seven candidates have signed so far!

The Kentucky Farm Food Freedom Act

AN ACT relating to agriculture; creating the Kentucky Farm Food Freedom Act; exempting certain sales from licensure, certification and inspection; providing definitions; and providing for an effective date.

SECTION 1

Definitions.

As used in this bill:

a) “Agent” means a person who conducts commerce on behalf of a producer or a processor;

b) “Delivery” means the transfer of a product resulting from a transaction between a producer, or by the producer’s designated agent, and an informed end consumer. The delivery may occur at a farm, ranch, farmers market, home, office or any location agreed to between the producer and the informed end consumer;

c) “Homemade” means food that is prepared in a private home kitchen, and the food is not licensed, inspected or regulated;

d) “Agri-Tourism” means a style of vacation that normally takes place on a farm or ranch and includes any farm or ranch that is open to the public at least part of the year. Agri-tourism may include the opportunity to participate in agricultural tasks, including harvesting fruits and vegetables, riding horses, tasting honey, learning about wine and shopping in farm or ranch gift shops and farm stands for local and regional agricultural produce or hand-crafted gifts;

e) “Informed end consumer” means a person who is the last person to purchase any product, who does not resell the product and who has been informed that the product is not licensed, regulated, or inspected;

f) “Home Consumption” means consumed within a private home;

g) “Processor” means any person who processes or prepares products of the soil or animals for food or drink;

h) “Producer” means any person who harvests any product of the soil or animals for food or drink;

i) “Small Farm” means any farm that reports less than $250,000 in gross annual sales, or less than $100,000 gross annual profit on IRS Form Schedule “F”;

j) “Traditional Community Social Event” means an event where people gather as part of a community for the benefit of those gathering or for the community, including but not limited to a:

1. Wedding;
2. Funeral;
3. Church or religious social;
4. School event;
5. Potluck;
6. Neighborhood gathering;
7. Ladies or gentlemen club;
8. Youth club;

k) “Transaction” means the exchange of buying and selling.

Kentucky Food Freedom Act; Purpose.

a) The purpose of the Kentucky Farm Freedom Act is to allow for traditional community social events involving the sale and consumption of home made foods and to encourage the expansion and accessibility of farmers’ markets, roadside stands, ranch, farm and home based sales and producer to informed end consumer agricultural sales by:

1. Promoting the purchase and consumption of fresh and local agricultural products;
2. Enhancing the agricultural economy;
3. Encouraging agri-tourism opportunities in Kentucky;
4. Providing Kentucky citizens with unimpeded access to healthy food from known sources; and
5. Encouraging the expansion and accessibility of farmers’ markets, roadside stands, ranch and farm based sales and direct producer to end consumer agricultural sales.

b) Any small farm producer or small farm processor who is selling his product only at farmers’ markets, roadside stands or by ranch, farm and home based sales directly to the informed end consumer is exempt from licensing requirements (specify licensing statues and regulations currently existing)

c) Notwithstanding any other provision of law, there shall be no licensure, certification or inspection by any Commonwealth Governmental agency or any agency of any political subdivision of the Commonwealth provided there is only (1) transaction between the small farm producer, the small farm processor and the small farm producer’s agent or the small farm processor’s agent and the informed end consumer when the food is for home consumption or the food is prepared for a traditional community social event.

d) Product transactions under this section shall:

1. Be directly between the producer and the informed end consumer;
2. Only be for home consumption;
3. Occur only in Kentucky;
4. Not involve interstate commerce;
5. Not be subject to licensing, regulation or inspection.

e) Except for raw, unprocessed fruit and vegetables, food shall not be sold or used in any commercial food establishment unless the food has been licensed, regulated or inspected.

f) Any product sold at a farmers market shall be labeled and signs shall be conspicuously posted informing consumers that the product is not licensed, regulated or inspected.

g) Nothing in this article shall be construed to impede the Kentucky Cabinet for Health and Family Services in any investigation of an outbreak of food borne illness.

h) Nothing in this article shall be construed to change the requirements for brand inspection or animal health inspections.

SECTION 2

Definitions.

As used in this bill:

a) “Establishment” means and includes any place or any area of any establishment in which foods, drugs, devices and cosmetics are displayed for sale, manufactured, processed, packed, held or stored. “Establishment” does not include any place where home made food is prepared for a traditional community social event or the food is sold under the Kentucky Food Freedom Act;

b) The provisions of subsection (a) of this section shall not apply to a small farm producer or small farm processor selling food directly to the informed end consumer at farmers’ markets, roadside stands, by ranch, farm and home based sales pursuant to Section 1 of this act or prepared for, consumed or sold at a traditional community social event. The definitions of Section 1 shall apply to this subsection.

SECTION 3

This Act is effective July 1, 2013.

Would this be a good bill to pass in the 2013 legislative session? You betcha! If you agree, we’ll need to replace McKee this November with Bryan Lutz. That’s a must. McKee singlehandedly killed the hemp bill and the livestock act last session by not allowing them to be brought up for discussion in the House Ag Committee. If we want Farm Food Freedom in Kentucky in our lifetimes, we need Bryan Lutz in the House.