260.017 Kentucky Proud Program -- Logo or statement labeling -- Licensing -- Penalty

260.017 Kentucky Proud™ Program -- Logo or statement labeling -- Licensing --

Penalty.

(1) The Commissioner shall establish a Kentucky Proud™ Program to promote the sale

of agricultural products and, if funds are available, shall develop a logo or labeling

statement for use in identifying Kentucky-grown agricultural products that qualify

for the program. The Commissioner may develop labeling statements that apply to

specific marketing or promotional needs.

(2) The logo or labeling statement shall not be used without a license from the

Commissioner, except that wholesalers and retailers may use the logo or labeling

statement for displaying and advertising products that qualify for the Kentucky

Proud™ Program. The Commissioner may deny the use of the logo or labeling

statements if they are used in a manner that does not meet the criteria of the

program.

(3) The logo or labeling statement shall not supersede or replace any federal or state

label or grade statement that is required by law.

(4) A person shall not use the logo or labeling statement without an annual license from

the Commissioner.

(5) In order to accomplish the purposes of this section, the Commissioner may

participate jointly with persons in appropriate logo programs and projects and may

enter into contracts necessary to carry out those programs and projects.

(6) If funds are available, the Department of Agriculture may provide grants-in-aid and

other assistance to those persons who wish to participate in the Kentucky Proud™

Program.

(7) The Commissioner may promulgate administrative regulations necessary to carry

out the provisions of KRS 260.016 to 260.019, and may establish a fee schedule for

persons who process, manufacture, or distribute eligible agricultural products in

Kentucky. Those persons may be required to pay a fee into the fund created by KRS

260.019 in order to participate in the Kentucky Proud™ Program.

(8) It shall be the duty of the department, or upon the request of the Commissioner of

Agriculture, of the Attorney General, to bring an action for the recovery of the

penalties provided in this section, and to bring an action for an injunction against

any person violating or threatening to violate any of the provisions of KRS 260.016

to 260.019 or the administrative regulations promulgated in accordance with KRS

260.016 to 260.019.

(9) A person who is required to have a license to participate in the Kentucky Proud™

Program and uses the logo or labeling statement without a license after being

notified by the Commissioner that a license is required shall be liable to a civil

penalty not to exceed the sum of one hundred dollars ($100) for the violation, and

an additional civil penalty not to exceed one hundred dollars ($100) for each day

during which the violation continues. The penalties shall be recoverable in an action

brought in the name of the Commonwealth of Kentucky by the department or, upon

the department's request, by the Attorney General.