SB 73 — AN ACT relating to animal agriculture.

UNOFFICIALCHAPTER COPY52 261 RSCHAPTER 52 ( SB 73/EN73 ) AN ACT relating to animal agriculture.

Page 1 of 17 SB007320.100 - 1323 - XXXX 3/26/2026 2:32 PM Engrossed UNOFFICIAL COPY 26 RS SB 73/EN (6) "Contaminated with filth" means any food, drug, device, or cosmetic that is not securely protected from dust, dirt, and as far as may be necessary by all reasonable means, from all foreign or injurious contaminants;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) Articles recognized in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them;

Page 2 of 17 SB007320.100 - 1323 - XXXX 3/26/2026 2:32 PM Engrossed UNOFFICIAL COPY 26 RS SB 73/EN (c) Articles, other than food, intended to affect the structure or any function of the body of man or other animals;

This definition does not mean or include any milk or cream from which no part of the milk or butter fat has been extracted, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated, to which has been added any substance rich in vitamins, nor any distinctive proprietary food Page 3 of 17 SB007320.100 - 1323 - XXXX 3/26/2026 2:32 PM Engrossed UNOFFICIAL COPY 26 RS SB 73/EN compound not readily mistaken for milk or cream or for condensed, evaporated, concentrated, powdered, dried, or desiccated milk or cream, if the compound is prepared and designed for the feeding of infants or young children, sick or infirm persons, and customarily used on the order of a physician, and is packed in individual containers bearing a label in bold type that the contents are to be used for those purposes;

and including any source of radiation intended for any of these uses, if the substance is not generally recognized, among experts qualified by scientific training and experience to evaluate its safety, as having been adequately shown through scientific procedures or, in the case of a substance used in a food prior to January 1, 1958, through either scientific procedures or experience based on common use in food to be safe under Page 4 of 17 SB007320.100 - 1323 - XXXX 3/26/2026 2:32 PM Engrossed UNOFFICIAL COPY 26 RS SB 73/EN the conditions of its intended use;

CHAPTER 52 3 (c) A color additive;

the Poultry Products Inspection Act, 21 U.S.C.

Page 5 of 17 SB007320.100 - 1323 - XXXX 3/26/2026 2:32 PM Engrossed UNOFFICIAL COPY 26 RS SB 73/EN (24) "Imminent health hazard" means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent illness or injury based on:

(a) Any drug the composition of which is such that the drug is not generally recognized among experts qualified by scientific training and experience to Page 6 of 17 SB007320.100 - 1323 - XXXX 3/26/2026 2:32 PM Engrossed UNOFFICIAL COPY 26 RS SB 73/EN evaluate the safety of drugs as safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (32) "Person" means an individual, firm, partnership, company, corporation, trustee, association, or any public or private entity;

"Practitioner" includes optometrists when administering or prescribing pharmaceutical agents authorized in KRS 320.240(12) to (14), advanced practice registered nurses as authorized in KRS 314.011 and 314.042, physician assistants when administering or prescribing pharmaceutical agents as authorized in KRS 311.858, and health care professionals who are residents of and actively practicing in a state other than Kentucky and who Page 7 of 17 SB007320.100 - 1323 - XXXX 3/26/2026 2:32 PM Engrossed UNOFFICIAL COPY 26 RS SB 73/EN are licensed and have prescriptive authority under the professional licensing laws of another state, unless the person's Kentucky license has been revoked, suspended, restricted, or probated, in which case the terms of the Kentucky license shall prevail;

(42) "Salvage processing plant" means an establishment operated by a person engaged in Page 8 of 17 SB007320.100 - 1323 - XXXX 3/26/2026 2:32 PM Engrossed UNOFFICIAL COPY 26 RS SB 73/EN the business of reconditioning, labeling, relabeling, repackaging, recoopering, sorting, cleaning, culling or who by other means salvages, sells, offers for sale, or distributes for human or animal consumption or use any salvaged food, beverage, including beer, wine and distilled spirits, vitamins, food supplements, dentifices, cosmetics, single-service food containers or utensils, containers and packaging materials used for foods and cosmetics, soda straws, paper napkins, or any other product of a similar nature that has been damaged or contaminated by fire, water, smoke, chemicals, transit, or by any other means;

(48) If an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, CHAPTER 52 5 word, design, device, sound, or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts that are material in the light of the representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under the conditions of use as are customary or usual;

(49) The representation of a drug in its labeling or advertisement as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug Page 9 of 17 SB007320.100 - 1323 - XXXX 3/26/2026 2:32 PM Engrossed UNOFFICIAL COPY 26 RS SB 73/EN purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or other use involving prolonged contact with the body;

(56) "Home-based processor" means a person who in his or her home, produces or processes pork lard or tallow-basedtallow- based cosmetic products or non-potentially hazardous foods, including but not limited to dried herbs, spices, nuts, candy, dried grains, whole fruit and vegetables, mixed-greens, jams, jellies, sweet sorghum syrup, preserves, fruit butter, bread, fruit pies, cakes, or cookies, and who has a gross income of no more than sixty thousand dollars ($60,000) annually from the Page 10 of 17 SB007320.100 - 1323 - XXXX 3/26/2026 2:32 PM Engrossed UNOFFICIAL COPY 26 RS SB 73/EN sale of the products;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) A home-based processor shall be exempt from KRS 217.035, [and ]217.037, and 217.095 if the following conditions are met:

Page 11 of 17 SB007320.100 - 1323 - XXXX 3/26/2026 2:32 PM Engrossed UNOFFICIAL COPY 26 RS SB 73/EN (a) All finished product containers are clean, sanitary, and properly labeled pursuant to subsection (3) of this section;

"This product is home-home-produced produced and processed";

(5) Food or cosmetic products identified in KRS 217.015(56) and produced, processed, and labeled in accordance with subsection (3) of this section are acceptable food or cosmetic products that may only be offered for sale directly to consumers within this state, including from the home-based processor's home, whether by pick-up or Page 12 of 17 SB007320.100 - 1323 - XXXX 3/26/2026 2:32 PM Engrossed UNOFFICIAL COPY 26 RS SB 73/EN delivery, at a market, roadside stand, community event, or online.

(1) For the purposes of this section, "end consumer" means a person who is the last Page 13 of 17 SB007320.100 - 1323 - XXXX 3/26/2026 2:32 PM Engrossed UNOFFICIAL COPY 26 RS SB 73/EN person to purchase any food product and who does not resell the food product.

CHAPTER 52 7 (2) Notwithstanding any other provisions of law to the contrary, the secretary shall promulgate administrative regulations in accordance with KRS Chapter 13A to:

(a) Exclude slaughtering and processing of poultry on a farm for the purpose of conducting sales under 9 C.F.R.

A peace officer or animal control officer shall be under a duty to make a fair and reasonable effort to determine whether any dog found at large between sunset and sunrise is a working livestock dog, hound, or other hunting dog which has become lost temporarily from a pack or Page 14 of 17 SB007320.100 - 1323 - XXXX 3/26/2026 2:32 PM Engrossed UNOFFICIAL COPY 26 RS SB 73/EN wandered from immediate control of its owner[,] or handler, and if he or she is reasonably sure that the dog is a working livestock dog or hunting dog, then he or she shall not destroy the dog[,] unless it is found in the act of pursuing or wounding livestock, [or] wounding or killing poultry, or attacking human beings.

Record the veterinarian's findings, the name and residence of the taker-taker-up, up, and the location of the stray equine in a book to be kept by him or her for that purpose;

Page 15 of 17 SB007320.100 - 1323 - XXXX 3/26/2026 2:32 PM Engrossed UNOFFICIAL COPY 26 RS SB 73/EN 3.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (d) Pertaining to stray equines, the county judge/executive:

(3) The clerk shall immediately record the stray certificate of the county judge/executive as provided by the taker-uptaker- up in a book to be kept by him or her for that purpose;

Hold time for stray Page 16 of 17 SB007320.100 - 1323 - XXXX 3/26/2026 2:32 PM Engrossed UNOFFICIAL COPY 26 RS SB 73/EN equines shall begin after all documentation has been properly filed and posted by the county judge/executive and taker-up;

PageBecame 17law ofwithout 17Governor's SB007320.100signature -April 13238, -2026. XXXX 3/26/2026 2:32 PM Engrossed