12 KAR | Title 12 KAR — Agriculture Experiment Station

Chapter 1 Seed

12 KAR 1:116 Sampling, analyzing, testing, and tolerances {#sec-12-kar-1-116 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:116}

Section 1. Definition. "Kentucky Seed Law" means KRS 250.021 through 250.111 and 12 KAR Chapter 1.

Section 2. The methods of sampling, analyzing, testing, and examining seed to be applied in the administration of the Kentucky Seed Law shall be those established in Rules for Testing Seeds.

Section 3. The tolerances to be applied in the administration of the Kentucky Seed Law shall be those established in Rules for Testing Seeds.

Section 4. Incorporation by Reference.

(1) "Rules for Testing Seeds", issued by the Association of Official Seed Analysts in October 2019, is incorporated by reference.

(2) This document may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Regulatory Services, University of Kentucky, Lexington, Kentucky 40546-0275, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 250.021, 250.031, 250.041, 250.051, 250.061, 250.071, 250.081, 250.091, 250.101, 250.111
STATUTORY AUTHORITY: KRS 250.081
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.081(1)(c)2 requires the director to prescribe seed sampling procedures, methods of analysis, testing and examining of seed, and tolerances. This administrative regulation prescribes the methods of sampling, analyzing, and testing seed, and establishes the tolerances to be applied in the administration of the Kentucky Seed Law.
History: 32 Ky.R. 1345; 1607; eff. 3-31-2006; 40 Ky.R. 97; eff. 10-9-2013; 43 Ky.R.428; eff. 12-2-2016; 47 Ky.R. 94; eff. 11-18-2020.

12 KAR 1:120 Noxious weed seed {#sec-12-kar-1-120 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:120}

Section 1. Noxious Weed Seed.

(1) The following kinds of weed seed shall be designated noxious in Kentucky and the maximum permitted rate of occurrence per pound of agricultural seed shall be as established in the table in this subsection.

(2) Other limitations.

(a) Seed that contains in excess of a sum total of 480 noxious weed seed per pound (subject to the limitations established in the table in subsection (1) of this section) shall be prohibited from sale in Kentucky.

(b) There shall be no tolerance applied to prohibited noxious weed seed.

History

RELATES TO: KRS 250.081(1)(c)3
STATUTORY AUTHORITY: KRS 250.081
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.081(1)(c)3 requires the director to designate the kinds of weed seed to be considered noxious in Kentucky and to establish their maximum permitted rate of occurrence in agricultural seed. This administrative regulation establishes the kinds of weed seed to be considered noxious in Kentucky and their maximum allowed rate of occurrence for the administration of the Kentucky Seed Law.
History: 20 Ky.R. 3323; eff. 8-24-1994; 47 Ky.R. 95, 700; eff. 11-18-2020.

12 KAR 1:125 Identification of seed not for sale {#sec-12-kar-1-125 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:125}

Section 1. The procedures established in subsections (1) and (2) of this section shall be used if some, but not all, seed in or consigned to a seed cleaning or processing establishment is planned for distribution.

(1) All seed lots shall be maintained separately to prevent the accidental or mechanical mixing of different lots.

(2) All seed not intended for distribution shall be clearly identified with printed signs that indicate the owner or the specific intended use of the seed.

Section 2.

(1) All seed intended for distribution shall be plainly identified with a tag on each container or with a lot number stenciled or taped on each container.

(2) If the seed is in a box, frame, crib, wagon, or other enclosed space, that storage space shall be construed to be a container.

History

RELATES TO: KRS 250.081(1)(c)4
STATUTORY AUTHORITY: KRS 250.081
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.081(1)(c)4 requires the director to indicate a means for identifying seed in storage or in or consigned to a seed cleaning or processing plant, but not offered for sale in locations where some, but not all, seed is for sale. This administrative regulation establishes the proper procedures for the identification of seed for sale.
History: 20 Ky.R. 3324; eff. 8-24-1994; 47 Ky.R. 96, 700; eff. 11-18-2020.

12 KAR 1:130 Labeling of seed mixtures {#sec-12-kar-1-130 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:130}

Section 1. Labeling Tall Fescue and Orchardgrass Seed Mixtures in Printed Bags.

(1) Seed of mixtures sold in a bag printed with the words "Kentucky 31 Tall Fescue" on the front (broad) side shall have a seed tag attached that complies with KRS 250.041, and the words "and Orchardgrass Mixture" printed or applied by stencil on the front (broad) side of the bag in lettering that is at least one (1) inch high and located no more than three (3) inches from the "Kentucky 31 Tall Fescue" letters.

(2) Seed in a bag on which "Kentucky 31 Tall Fescue" is printed on the back (broad) side shall have the words "and Orchardgrass Mixture" printed on the back (broad) side of the bag and the words "and Orchardgrass Mixture" printed or applied by stencil on the bag in lettering that is at least one (1) inch high and located no more than three (3) inches from the "Kentucky 31 Tall Fescue" letters.

Section 2. The information on the bag of other kinds of mixtures in printed bags shall be the same as the information on the attached tag. If alteration of a printed bag is necessary to show that the seed is a mixture, the alteration shall be accomplished by use of stencil on the bag in lettering that is at least one (1) inch high and that is located no more than three (3) inches from the original lettering.

History

RELATES TO: KRS 250.041, 250.081(1)(c)9
STATUTORY AUTHORITY: KRS 250.081
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.081(1)(c)9 requires the director to secure the efficient enforcement of the provisions of KRS 250.021 through 250.111. This administrative regulation establishes a uniform manner of avoiding contradictory information on printed seed bags and on tags attached to the printed bags in situations in which analysis after bagging reveals that a mixture of seed kinds is present rather than a single seed kind.
History: 20 Ky.R. 3324; eff. 8-24-1994; 47 Ky.R. 97, 700; eff. 11-18-2020.

12 KAR 1:134 Seed tags available for purchase from the director {#sec-12-kar-1-134 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:134}

Section 1. Tags may be obtained from the Division of Regulatory Services, Martin-Gatton College of Agriculture Food and Environment, University of Kentucky. Charges shall be as indicated below:

Section 2. If tags are purchased for containers weighing over 100 pounds or for seed in bulk, the number of tags purchased shall be identical to the number that would have been purchased if the seed had been in 100-pound containers.

Section 3. The following information shall be provided to the Division of Regulatory Services in order to purchase tags:

(1) Lot;

(2) Seedsman;

(3) Address;

(4) Kind;

(5) Variety;

(6) Pure Seed;

(7) Inert Matter;

(8) Crop Seed;

(9) Weed Seed;

(10) Germination;

(11) Hard Seed;

(12) Date of Test;

(13) Weight; and

(14) Origin.

History

RELATES TO: KRS 250.021, 250.031, 250.041, 250.051, 250.061, 250.071, 250.081, 250.091, 250.101, 250.111
STATUTORY AUTHORITY: KRS 250.081
CERTIFICATION STATEMENT: This is to certify that this administrative regulation complies with the requirements of 2025 RS HB 6, Section 8.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.081(1)(c)8 requires the director to promulgate an administrative regulation to establish charges for labels (tags) purchased from the director. This administrative regulation establishes the charges for seed tags purchased from the director.
History: 012 KAR 001:134. 51 Ky.R. 1907; 52 Ky.R. 167; eff. 11-4-2025.

12 KAR 1:140 Permits, reports, and fees for persons using own tags {#sec-12-kar-1-140 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:140}

Section 1. Obtaining Permits.

(1) Application for permits to label agricultural seed shall be made on Form RS-68-01, Application for Permit for User to Provide Own Labels for Agricultural Seed and Mixtures of Agricultural Seed Sold in Kentucky.

(2) Application for permits to label vegetable seed, flower seed, or combination mulch, seed and fertilizer products shall be made on Form RS-68-02, Application for Permit for User to Provide Own Labels for Vegetable Seed, Flower Seed, or Combination Mulch, Seed and Fertilizer Products Sold in Kentucky.

Section 2. Reporting Sales.

(1) A person who has been granted a permit to label agricultural seed under Section 1 of this administrative regulation shall:

(a) Submit semi-annual reports on Form RS-63-02, Seed Semi-annual Report; and

(b) Pay a labeling and inspection fee determined on the basis of quantity of seed sold and on the fee schedule established in Section 3 of this administrative regulation.

(2)

(a) Semi-annual shall be from January through June and July through December.

(b) An added assessment of twenty-five (25) dollars or ten (10) percent of the unpaid fee, whichever is greater, shall be made for each seed semi-annual report received more than forty-five (45) days after the reporting period ends.

Section 3. Labeling and Inspection Fee. The labeling and inspection fee for agricultural seed permit holders shall be:

(1) For packages weighing one (1) pound and up to and including twenty-five (25) pounds: eight (8) cents per package;

(2) For packages or units of seed in excess of twenty-five (25) pounds in weight and up to and including 100 pounds: twelve (12) cents per package or unit.

(a) A unit of corn shall be 80,000 seeds.

(b) A unit of soybeans shall be 140,000 seeds; and

(3) For packages in excess of 100 pounds and seed distributed in bulk:

(a) Twenty-four (24) cents per 100 pounds; or

(b) Twelve (12) cents per unit.

Section 4. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Application for Permit for User to Provide Own Labels for Agricultural Seed and Mixtures of Agricultural Seed Sold in Kentucky", RS-68-01, 6/13;

(b) "Application for Permit for User to Provide Own Labels for Vegetable Seed, Flower Seed, or Combination Mulch, Seed, and Fertilizer Products Sold in Kentucky", RS-68-02, 6/13; and

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Regulatory Services, 103 Regulatory Services Building, University of Kentucky, Lexington, Kentucky 40546-0275, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 250.021, 250.031, 250.041, 250.051, 250.061, 250.071, 250.081, 250.091, 250.101, 250.111
STATUTORY AUTHORITY: KRS 250.081
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.081(1)(c)7 requires the director of the Agricultural Experiment Station to establish procedures for obtaining a permit to label, responsibilities of permit holders, method to be used in determining inspection fees, and the procedure for permit holders to make payment of fees for distributing agricultural seed. This administrative regulation establishes the procedures to obtain a permit to label agricultural seed, the responsibilities of permit holders, the method that shall be used to determine inspection fees, and the procedures for payment of fees for the distribution of agricultural seed.
History: 20 Ky.R. 3326; eff. 8-24-1994; 40 Ky.R. 100; 580; 770; eff. 10-9-2013; 43 Ky.R. 429; eff. 12-2-2016; 47 Ky.R. 98, 701; eff. 11-18-2020.

12 KAR 1:144 Registration of agricultural seed dealers, noncertified custom seed conditioners, certified seed growers, and certified seed conditioners {#sec-12-kar-1-144 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:144}

Section 1. Definition. "Agricultural seed dealer" means a person who distributes agricultural seed in containers of forty (40) pounds or more for retail.

Section 2.

(1) Agricultural seed dealers shall register using Form RS-68-03, Agricultural Seed Dealer Registration.

(2) In accordance with KRS 250.051(4), a twenty-five (25) dollar registration fee shall accompany the submitted application form.

Section 3.

(1) Noncertified custom seed conditioners shall register using Form RS-68-04, Noncertified Custom Seed Conditioner Registration.

(2) In accordance with KRS 250.051(4), a twenty-five (25) dollar registration fee shall accompany the submitted application form.

Section 4. Registration of certified seed growers and certified seed conditioners shall be accomplished by an exchange of records between the Kentucky Seed Improvement Association and the Division of Regulatory Services.

Section 5. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Agricultural Seed Dealer Registration", Form RS-68-03, 6/13; and

(b) "Noncertified Custom Seed Conditioner Registration, Form RS-68-04, 6/13.

History

RELATES TO: KRS 250.021, 250.031, 250.041, 250.051, 250.061, 250.071, 250.081, 250.091, 250.101, 250.111
STATUTORY AUTHORITY: KRS 250.051(2), (3), (4), 250.081(1)(c)9
CERTIFICATION STATEMENT: This is to certify that this administrative regulation complies with the requirements of 2025 RS HB 6, Section 8.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.051(2) and (3) and 250.081(1)(c)9 require the director to promulgate an administrative regulation to establish the procedures whereby agricultural seed dealers, noncertified custom seed conditioners, certified seed growers, and certified seed conditioners to register with the director. This administrative regulation establishes a framework for the registration of agricultural seed dealers, noncertified custom seed conditioners, certified seed growers, and certified seed conditioners.
History: 012 KAR 001:144. 51 Ky.R. 1908; 52 Ky.R. 167; eff. 11-4-2025.

12 KAR 1:149 Stop sale orders {#sec-12-kar-1-149 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:149}

Section 1. A stop sale order shall be released if:

(1) The deficiencies for which the stop sale order was issued have been corrected; and

(2) The person who was issued the stop sale order makes a request:

(a) In writing;

(b) By email; or

History

RELATES TO: KRS 250.021, 250.031, 250.041, 250.051, 250.061, 250.071, 250.081, 250.091, 250.101, 250.111
STATUTORY AUTHORITY: KRS 250.081
CERTIFICATION STATEMENT: This is to certify that this administrative regulation complies with the requirements of 2025 RS HB 6, Section 8.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.081(2)(d) authorizes the director to promulgate an administrative regulation to establish procedures related to stop sale orders for seed in violation of KRS 250.021 to 250.111 or 12 KAR Chapter 1. This administrative regulation establishes procedures to obtain the release of a stop sale order.
History: 012 KAR 001:149. 51 Ky.R. 1909; 52 Ky.R. 168; eff. 11-4-2025.

12 KAR 1:155 Schedule of charges for samples submitted for testing {#sec-12-kar-1-155 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:155}

Section 1. Definition. "Free test" means:

(1) A complete test consisting of a purity analysis, a noxious weed seed examination for Kentucky, and a germination test; or

(2) A test with a cost equivalent to a complete test.

Section 2. Except as provided by KRS 250.091, which authorizes one (1) free test per year, the service charges established in this section shall be assessed for samples submitted to the Kentucky Agricultural Experiment Station Seed Laboratory.

(1) Basic charges shall be as established in the table in this subsection.

(2) Nonresidents shall be assessed an additional charge of fifteen (15) dollars per sample.

(3) A complete test shall include a purity analysis, a noxious weed seed examination (for Kentucky only), and a germination test.

(4) A purity and noxious weed test shall include a purity analysis and a noxious weed seed examination (for only those seed designated as noxious in Kentucky).

(5) In ryegrass samples, a complete test shall be assessed a charge of twenty-five (25) dollars and shall include a fluorescence test, which distinguishes perennial ryegrass seed from annual ryegrass seed.

(6) Mixtures, difficult, or dirty samples shall be charged an additional forty (40) dollars per hour for extra separation time.

(7) Mixtures submitted for germination testing shall be charged a fifteen (15) dollar separation fee. Each component over five (5) percent of the total in mixtures shall be charged individually for germination testing.

(8) Rush service may be provided upon request at an additional charge of twenty-five (25) dollars per sample.

(9) Samples of coated, encrusted, pelleted, film-coated, or treated seed shall be charged an additional fifteen (15) dollars for hand washing and disposal of toxic substances.

(10) The schedule of charges for special tests shall be:

(a) Noxious weed seed examinations:

Kentucky only: ten (10) dollars;
Other states: fifteen (15) dollars per state; and
All states: fifty (50) dollars;

(b) Moisture test: eight (8) dollars;

(d) Varietal identification:

Soybean hypocotyl color test: fifteen (15) dollars;
Phenol test of wheat: eighteen (18) dollars; and
Peroxidase test of soybean: eighteen (18) dollars;

(e) Vigor tests:

Accelerated aging: eighteen (18) dollars;
Cold test: eighteen (18) dollars; and
Conductivity: eighteen (18) dollars;

(f) Tetrazolium test:

Groups 1 and 2: eighteen (18) dollars;
Groups 4, 5, and 7: thirty (30) dollars; and
Groups 3, 6, and 8: forty (40) dollars;

(g) Seed or plant tall fescue endophyte; one (1) to 100 specimens: $125;

(h) Biotechnology trait identification; herbicide bioassay: thirty (30) dollars; and

(i) Reexamination of a sample to secure information not requested initially, or any analysis or test to obtain information not specifically required by the Kentucky Seed Law, KRS 250.021 through 250.111 and 12 KAR Chapter 1, shall be assessed forty (40) dollars per hour for analytical time.

(11) Testing performed in compliance with International Seed Testing Association (ISTA) rules shall be charged fifteen (15) dollars in addition to test fees.

(12) Testing performed in compliance with Canadian Methods and Procedures (M & P) for Testing Seed shall be charged eighteen (18) dollars in addition to test fees.

(13) Charges for kinds not listed in this section shall be commensurate with charges made for other kinds of seed of similar size.

History

RELATES TO: KRS 250.021 – 250.111
STATUTORY AUTHORITY: KRS 250.081(1)(c)6
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.081(1)(c)6 requires the director of the Agricultural Experiment Station to promulgate administrative regulations establishing charges for tests of samples submitted to the Kentucky Agricultural Experiment Station Seed Laboratory for testing. This administrative regulation establishes a schedule of charges for service tests, analysis, and examination of seed samples in the Kentucky Agricultural Experiment Station Seed Laboratory.
History: 20 Ky.R. 3329; eff. 8-24-1994; 40 Ky.R. 104; 772; eff. 10-9-2013; 43 Ky.R. 431; eff. 12-2-2016; 47 Ky.R. 100, 701; eff. 11-18-2020.

12 KAR 1:160 Seed not required to be labeled by variety name {#sec-12-kar-1-160 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:160}

Section 1. The following kinds of seed shall not be required to show the variety name and the statements "Variety Unknown", "Variety Not Stated, or "VNS":

(1) Bermudagrass (Cynodon dactylon);

(2) Bluegrass, Canada (Poa compressa);

(3) Bluegrass, Rough (Poa trivialis);

(4) Bromegrass, Field (Bromus arvensis);

(5) Buckwheat (Fagopyrum esculentum);

(6) Canarygrass (Phalaris canariensis);

(7) Clover, Alsike (Trifolium hybridum);

(8) Fescue, Chewings (Festuca rubra, var commutata);

(9) Fescue, Meadow (Festuca elatior);

(10) Lespedeza, Korean (Lespedeza stipulacea);

(11) Lespedeza, Striate (Lespedeza striata);

(12) Lovegrass, Sand (Eragrostis trichodes);

(13) Lovegrass, Weeping (Eragrostis curvula);

(14) Millet, Browntop (Panicum ramosum);

(15) Millet, Foxtail (Setaria italica);

(16) Millet, Japanese (Echinochloa crusgalli);

(17) Millet, Proso (Panicum miliaceum);

(18) Rape (Brassica spp.);

(a) Annual (B. napus, var annua);

(b) Turnip, Annual or Bird (B. campestris);

(19) Redtop (Agrostis alba);

(20) Sweetclover, White (Melilotus alba);

(21) Sweetclover, Yellow (Melilotus officinalis);

(22) Vetch, Common (Vicia sativa); and

(23) Vetch, Hairy (Vicia villous).

History

RELATES TO: KRS 250.081(1)(c)9
STATUTORY AUTHORITY: KRS 250.081
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.081(1)(c)9 requires the director to secure the efficient enforcement of the provisions of KRS 250.021 through 250.111. This administrative regulation establishes the kinds of seed for which labeling of variety name is not required.
History: 20 Ky.R. 3330; eff. 8-24-1994; 47 Ky.R. 102, 702; eff. 11-18-2020.

12 KAR 1:164 Germination standards for vegetable seed {#sec-12-kar-1-164 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:164}

Section 1. Germination standards for vegetable and herb seed listed in this section shall be as follows:

Section 2. The germination standard for all other vegetable and herb seed for which standards have not been established in Section 1 of this administrative regulation shall be fifty (50) percent.

History

RELATES TO: KRS 250.021, 250.031, 250.041, 250.051, 250.061, 250.071, 250.081, 250.091, 250.101, 250.111
STATUTORY AUTHORITY: KRS 250.081
CERTIFICATION STATEMENT: This is to certify that this administrative regulation complies with the requirements of 2025 RS HB 6, Section 8.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.081(1)(c)9 requires the director to promulgate administrative regulations governing topics that are necessary to secure the efficient enforcement of KRS 250.021 to 250.111. This administrative regulation establishes germination standards for vegetable seed.
History: 012 KAR 001:164. 51 Ky.R. 1910; 52 Ky.R. 168; eff. 11-4-2025.

12 KAR 1:170 Germination standards for flower seed {#sec-12-kar-1-170 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:170}

Section 1. Flower Seed Standards.

(1) The kinds of flower seed listed in the table established in this subsection shall be those for which standard testing procedures have been established. Common names are listed first, followed by Latin names. The percentage listed opposite each kind is the germination standard for that kind. For the kinds marked with an asterisk, the percentage is the total of percentage germination and percentage hard seed. For other kinds, it is the percentage germination.

(2) A mixture of kinds of flower seed shall be considered to be below the standard if the germination of any kind or combination of kinds constituting twenty-five (25) percent or more of the mixture by number is below standard for the kind or kinds involved.

History

RELATES TO: KRS 250.081(1)(c)9
STATUTORY AUTHORITY: KRS 250.081
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.081(1)(c)9 requires the director to secure the efficient enforcement of the provisions of KRS 250.021 through 250.111. This administrative regulation establishes standards for flower seed and to list those kinds for which standard testing procedures are established.
History: 20 Ky.R. 3332; eff. 8-24-1994; 47 Ky.R. 103, 702; eff. 11-18-2020.

12 KAR 1:175 Seed certification in Kentucky {#sec-12-kar-1-175 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:175}

Section 1. Certification Procedure. (1) The procedures and standards established in the Kentucky Certified Seed Handbook shall be applied to all seed certified in Kentucky.

Section 2. Incorporation by reference.

(1) "Kentucky Certified Handbook 2020," Kentucky Seed Improvement Association, 3250 Iron Works Pike, Unit 13, Lexington, Kentucky 40511, 2020,is incorporated by reference.

History

RELATES TO: KRS 250.081(1)(c)1
STATUTORY AUTHORITY: KRS 250.081
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.081(1)(c)1 requires the director to establish seed certification standards. This administrative regulation establishes the procedure for certifying seed for varietal purity in Kentucky.
History: 20 Ky.R. 3334; eff. 8-24-1994; 47 Ky.R. 105, 704; eff. 11-18-2020.

Chapter 2 Commercial Feeds

12 KAR 2:006 Definitions for 12 KAR Chapter 2 {#sec-12-kar-2-006 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:006}

Section 1. The names and definitions for commercial feeds shall be the "Official Definition of Feed Ingredients" adopted by the Association of American Feed Control Officials and published in its Official Publication, except as exempted by this administrative regulation.

Section 2. The terms used in reference to commercial feeds shall be the official feed terms adopted by the Association of American Feed Control Officials and published in its Official Publication, except as exempted by this administrative regulation.

Section 3. Pursuant to KRS 250.501(4), if not mixed or intermixed with other materials and not adulterated as established in KRS 250.541(1), the following commodities shall be exempt from the definition of commercial feed:

(1) Raw meat, whether ground or unground;

(2) Unground hay, straw, stover, silages, cobs, husks, and hulls.

Section 4. "Quantity statement" means the net weight (mass), net volume (liquid or dry), or count.

Section 5. Incorporation by Reference.

(1) "2025 Official Publication", 2025 Edition, Association of American Feed Control Officials, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Regulatory Services, 103 Regulatory Services Building, College of Agriculture, University of Kentucky, Lexington, Kentucky 40546-0275, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 250.491-250.631
STATUTORY AUTHORITY: KRS 250.501(4), 250.571(1)(a)
CERTIFICATION STATEMENT: This certifies that this administrative regulation complies with the requirements of 2025 RS HB 6, Section 8.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1)(a) requires the Director of the Agricultural Experiment Station to promulgate an administrative regulation adopting the official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials. KRS 250.501(4) defines "commercial feed" and authorizes the director to promulgate an administrative regulation exempting commodities meeting established criteria. This administrative regulation incorporates by reference the definitions adopted by the Association of American Feed Control Officials and exempts certain commodities from the definition of commercial feed.
History: 012 KAR 002:006. AES-2(1973)-1; 1 Ky.R. 998; eff. 6-11-1975; Am. 23 Ky.R. 1604; 2703; eff. 1-10-1997; 45 Ky.R. 380; eff. 10-10-2018; Crt to Am; filed Am 9-11-2025; 52 Ky.R. 569, 1660; eff. 6-30-2026.

12 KAR 2:011 Label format {#sec-12-kar-2-011 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:011}

Section 1. A commercial feed, other than customer formula feed, shall be labeled with the information established in this administrative regulation on the principal display panel of the product and in the following format:

(1) Product name and brand name, if any, in compliance with 12 KAR 2:016;

(2) If a drug is used, the word "medicated" shall appear directly following and below the product name in type size no smaller than one-half (1/2) the type size of the product name;

(3) Product purpose statement as required by 12 KAR 2:017;

(4) If a drug is used:

(a) The purpose of medication (claim statement); and

(b) An active drug ingredient statement listing the active drug ingredients by their established names and the amounts in accordance with 12 KAR 2:021, Section 4;

(5) The guaranteed analysis of the feed as required by KRS 250.521(1)(b) and 12 KAR 2:018;

(6) The listing of feed ingredients as required by 12 KAR 2:026;

(7) Directions for use and precautionary statements as required by 12 KAR 2:031 and 12 KAR 2:036;

(8) Name and principal mailing address of the manufacturer or person responsible for distributing the feed. The principal mailing address shall include the street address, city, state, and zip code, except the street address may be omitted if it is shown in a readily accessible, widely published, and publicly available resource, including for example, a printed directory, electronic database, or website; and

(9) The quantity statement of the net weight, net volume, or count.

Section 2.

(1) The information required by Section 1 of this administrative regulation shall appear in its entirety on one (1) side of the label or container, except the information required by Section 1(7) of this administrative regulation may be placed on a different side of the label or container if the information is displayed in a prominent place on the label or container. If the information is placed on a different side, the information shall be referenced on the front side with a statement indicating where the information is located.

(2) The information required by Section 1 of this administrative regulation shall not be subordinated or obscured by other statements or designs.

Section 3. Customer-formula feed shall be accompanied by a label, invoice, delivery ticket, or other shipping document bearing the following information:

(1) The name and address of the manufacturer;

(2) The name and address of the purchaser;

(3) The date of sale or delivery;

(4) The customer-formula feed name and brand name, if any;

(5) The product name and net quantity of each registered commercial feed and each other ingredient used in the mixture;

(6) The directions for use and precautionary statements as required by 12 KAR 2:031 and 12 KAR 2:036; and

(7) If a drug-containing product is used:

(a) The purpose of the medication (claim statement); and

(b) The established name of each active drug ingredient and the level of each drug used in the final mixture as required by 12 KAR 2:021.

History

RELATES TO: KRS 250.491 - 250.631
STATUTORY AUTHORITY: KRS 250.571(1)
CERTIFICATION STATEMENT: This certifies that this administrative regulation complies with the requirements of 2025 RS HB 6, Section 8.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for the efficient enforcement of KRS 250.491 to 250.631, regarding commercial feeds. This administrative regulation establishes a uniform format for presentation of labeling to the purchaser of animal feeds.
History: 012 KAR 002:011. AES-2(1973)-2; 1 Ky.R. 998; eff. 6-11-1975; 23 Ky.R. 1604; 2703; eff. 1-10-1997; 45 Ky.R. 381; eff 10-10-2018; Crt to Am; filed Am 9-11-2025; 52 Ky.R. 570, 1660; eff. 6-30-2026.

12 KAR 2:016 Brand and product names {#sec-12-kar-2-016 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:016}

Section 1. The brand or product name shall be appropriate for the intended use of the feed and shall not be misleading. If the name indicates the feed is made for a specific use, the character of the feed shall conform to that use.

Section 2. Commercial, registered brand, or trade names:

(1) Shall not be used in guarantees or ingredient listings; and

(2) May be used in the product name of a feed produced by, for, or with the permission of the firm holding the rights to the name.

Section 3.

(1) The name of a commercial feed shall not:

(a) Be derived from one (1) or more ingredients of a mixture to the exclusion of other ingredients; and

(b) Represent a component of a mixture unless all components are included in the name.

(2) The name of an ingredient or combination of ingredients that is intended to impart a distinctive characteristic to the product that would be of significance to a purchaser may be used as a part of the brand name or product name if:

(a) The ingredient or combination of ingredients is quantitatively guaranteed in the guaranteed analysis; and

(b) The brand name or product name is not otherwise false or misleading.

Section 4. The word "protein" shall not be used in the product name of a feed that contains added non-protein nitrogen.

Section 5.

(1) If the name carries a percentage value, the percentage value shall signify the protein or equivalent protein content, and the name may explicitly modify the percentage with the word "protein".

(2) If another percentage value is used, the value shall be followed by the proper description without false or misleading labeling.

(3) If a figure is used in the brand name (except in mineral, vitamin, or other products where the protein guarantee is nil or unimportant), it shall be preceded by the word "number" or some other suitable designation.

(4) A digital number shall not be used in a manner that is misleading or confusing to the purchaser.

Section 6. A single ingredient feed shall have a product name that conforms to the definitions of feed ingredients in 12 KAR 2:006.

Section 7. The word "vitamin," a contraction thereof, or word suggesting vitamin may be used in the name of a feed that is:

(1) Represented to be a vitamin supplement; and

(2) Labeled with the minimum content of each vitamin declared, as specified in 12 KAR 2:021, Section 3.

Section 8.

(1) The term "mineralized" shall not be used in the name of a feed, except for "trace mineralized salt."

(2) A product including "trace mineralized salt" in its name shall contain significant amounts of trace minerals that are recognized as essential for animal nutrition by an authority on animal nutrition such as the National Research Council.

Section 9. The term "meat" or "meat by-products" shall designate the animal from which the meat or meat by-products is derived unless the meat or meat by-products are from cattle, swine, sheep, or goats.

Section 10. If the commercial feed consists of raw milk, the words, "Raw (blank) Milk" shall appear conspicuously on the principal display panel. (The blank shall be completed by using the species of animal from which the raw milk is collected.)

History

RELATES TO: KRS 250.491-250.631
STATUTORY AUTHORITY: KRS 250.571(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for the efficient enforcement of KRS 250.491 to 250.631, regarding commercial feeds. This administrative regulation establishes uniformity in the use of brand and product names to inform and not mislead the purchaser.
History: 012 KAR 002:016. AES-2(1973)-3; 1 Ky.R. 999; eff. 6-11-1975; 23 Ky.R. 1606; 2704; eff. 1-10-1997; 45 Ky.R. 382; eff. 10-10-2018; Crt eff. 9-11-2025.

12 KAR 2:017 Product purpose statement {#sec-12-kar-2-017 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:017}

Section 1. The statement of purpose shall contain the specific species and animal class for which the feed is intended as defined in 12 KAR 2:018.

Section 2. The manufacturer may describe in more specific and common language the defined animal class, species, and purpose if the description is consistent with the category of animal class established in 12 KAR 2:018, including the weight range, sex, or ages of the animal for which the feed is manufactured.

Section 3. The purpose statement may be excluded from the label if the product name includes a description of the species and animal class for which the product is intended.

Section 4. The indication for animal class and species may be omitted on single ingredient products if the ingredient is not intended, represented, or defined for a specific animal class or species.

Section 5. The purpose statement of a premix for the manufacture of feed may exclude the animal class and species and state "For Further Manufacture of Feed" if:

(1) The nutrients contained in the premix are guaranteed and sufficient for formulation into various animal species feeds; and

(2) Premix specifications are provided by the end user.

Section 6. The purpose statement of a single purpose ingredient blend, including a blend of animal protein products, milk products, fat products, roughage products, or molasses products may exclude the animal class and species and state "For Further Manufacture of Feed" if the label guarantees of the nutrients contained in the single purpose nutrient blend are sufficient to provide for formulation into various animal species feeds.

Section 7. The purpose statement of a product shall include a statement of enzyme functionality if enzymatic activity is represented.

History

RELATES TO: KRS 250.491-250.631
STATUTORY AUTHORITY: KRS 250.571(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for the efficient enforcement of KRS 250.491 to 250.631, regarding commercial feeds. This administrative regulation establishes uniformity in the product purpose statement that is a required part of the label for commercial feed.
History: 012 KAR 002:017. 23 Ky.R. 1805; 2705; eff. 1-10-1997; 45 Ky.R. 384; eff. 10-10-2018; Crt eff. 9-11-2025.

12 KAR 2:018 Guaranteed analysis {#sec-12-kar-2-018 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:018}

Section 1. The nutritional guarantees shall be listed in the following order: crude protein, equivalent crude protein from non-protein nitrogen, amino acids, crude fat, crude fiber, acid detergent fiber, neutral detergent fiber, calcium, phosphorus, salt, and sodium. Other guarantees shall follow in a general format with the units of measure used to express guarantees (for example, percentage, parts per million, and international units) listed in a sequence that provides a consistent grouping of the units of measure.

Section 2. Required Guarantees for Swine Formula Feeds.

(1) The animal classes for swine shall be:

(a) Prestarter - two (2) to eleven (11) pounds;

(b) Starter - eleven (11) to forty-four (44) pounds;

(d) Finisher - 110 pounds to market weight;

(e) Gilts, sows, and adult boars; and

(f) Lactating gilts and sows.

(2) The guaranteed analysis for swine complete feeds and supplements (all animal classes) shall include the:

(a) Minimum percentage of crude protein;

(b) Minimum percentage of lysine;

(d) Maximum percentage of crude fiber or acid detergent fiber (ADF);

(e) Minimum and maximum percentage of calcium;

(f) Minimum percentage of phosphorus;

(g) Minimum and maximum percentage of salt (if added);

(h) Minimum and maximum percentage of total sodium, if the total sodium exceeds that provided by the maximum salt guarantee; and

(i) Minimum selenium in parts per million (ppm).

Section 3. Required Guarantees for Formula Poultry Feeds (Chicken and Turkey).

(1) The animal classes for layer chickens that are grown to produce eggs for food shall be:

(a) Starting or growing - from day of hatch to approximately ten (10) weeks of age;

(b) Finisher - from approximately ten (10) weeks of age to time first egg is produced (approximately twenty (20) weeks of age);

(d) Breeders - chickens that produce fertile eggs to hatch replacement layers that produce eggs for food.

(2) The animal classes for broiler chickens that are grown for human food shall be:

(a) Starting or growing - from day of hatch to approximately five (5) weeks of age;

(b) Finisher - from approximately five (5) weeks of age to market, (forty-two (42) to fifty-two (52) days); and

(3) The animal classes for breeder chickens whose offspring (broilers) are grown for human food shall be:

(a) Starting or growing - from day of hatch until approximately ten (10) weeks of age;

(b) Finishing - from approximately ten (10) weeks of age to time first egg is produced, approximately twenty (20) weeks of age; and

(c) Laying - fertile egg producing chickens (broilers/roasters) from day of first egg throughout the time fertile eggs are produced.

(4) The animal classes for turkeys shall be:

(a) Starting or growing - turkeys that are grown for human food from day of hatch to approximately thirteen (13) weeks of age (females) and sixteen (16) weeks of age (males);

(b) Finisher - turkeys that are grown for human food, females from approximately thirteen (13) weeks of age to approximately seventeen (17) weeks of age, males from sixteen (16) weeks of age to twenty (20) weeks of age, or desired market weight;

(c) Laying - female turkeys that are producing eggs, from time first egg is produced, throughout the time they are producing eggs; and

(d) Breeder - turkeys that are grown to produce fertile eggs, from day of hatch to time first egg is produced (approximately thirty (30) weeks of age), both sexes.

(5) The guaranteed analysis for poultry complete feeds and supplements (all animal classes) shall include the:

(a) Minimum percentage of crude protein;

(b) Minimum percentage of lysine;

(d) Minimum percentage of crude fat;

(e) Maximum percentage of crude fiber or acid detergent fiber (ADF);

(f) Minimum and maximum percentage of calcium;

(g) Minimum percentage of phosphorus;

(h) Minimum and maximum percentage of salt (if added); and

(i) Minimum and maximum percentage of total sodium, if the total sodium exceeds that provided by the maximum salt guarantee.

Section 4. Required Guarantees for Beef Cattle Formula Feeds.

(1) The animal classes for beef cattle shall be:

(a) Calves (birth to weaning);

(b) Cattle on pasture (may be specific as to production stage – for example, stocker, feeder, replacement heifers, brood cows, and bulls); and

(2) The guaranteed analysis for beef complete feeds and supplements (all animal classes) shall include the:

(a) Minimum percentage of crude protein;

(b) Maximum percentage of equivalent crude protein from non-protein nitrogen (if added);

(d) Maximum percentage of crude fiber or acid detergent fiber (ADF);

(e) Minimum and maximum percentage of calcium;

(f) Minimum percentage of phosphorus;

(g) Minimum and maximum percentage of salt (if added);

(h) Minimum and maximum percentage of total sodium, if the total sodium exceeds that provided by the maximum salt guarantee;

(i) Minimum percentage of potassium; and

(j) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added).

(3) The guaranteed analysis for beef mineral feeds (if added) shall include the:

(a) Minimum and maximum percentage of calcium;

(b) Minimum percentage of phosphorus;

(d) Minimum and maximum percentage of total sodium, if the total sodium exceeds that provided by the maximum salt guarantee;

(e) Minimum percentage of magnesium;

(f) Minimum percentage of potassium;

(g) Minimum copper in parts per million (ppm);

(h) Minimum selenium in parts per million (ppm);

(i) Minimum zinc in parts per million (ppm); and

(j) Minimum vitamin A, other than precursors of vitamin A, in international units per pound.

Section 5. Required Guarantees for Dairy Formula Feeds.

(1) The animal classes for dairy cattle shall be:

(a) Veal milk replacer - milk replacer fed to calves for veal production;

(b) Herd milk replacer - milk replacer fed to calves for herd replacement and other uses;

(d) Non-lactating dairy cattle: replacement dairy heifers, dairy bulls, and dairy calves;

(e) Lactating dairy cows; and

(f) Dry dairy cows.

(2) The guaranteed analysis for veal and herd milk replacer shall include the:

(a) Minimum percentage of crude protein;

(b) Minimum percentage of crude fat;

(d) Minimum and maximum percentage of calcium;

(e) Minimum percentage of phosphorus; and

(f) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added).

(3) The guaranteed analysis for dairy cattle complete feeds and supplements shall include the:

(a) Minimum percentage of crude protein;

(b) Maximum percentage of equivalent crude protein from non-protein nitrogen (NPN) (if added);

(d) Maximum percentage of crude fiber;

(e) Maximum percentage of acid detergent fiber (ADF);

(f) Minimum and maximum percentage of calcium;

(g) Minimum percentage of phosphorus;

(h) Minimum selenium in parts per million (ppm); and

(i) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added).

(4) The guaranteed analysis for dairy mixing and pasture mineral (if added) shall include the:

(a) Minimum and maximum percentage of calcium;

(b) Minimum percentage of phosphorus;

(d) Minimum and maximum percentage of total sodium, if the total sodium exceeds that provided by the maximum salt guarantee;

(e) Minimum percentage of magnesium;

(f) Minimum percentage of potassium;

(g) Minimum selenium in parts per million (ppm); and

(h) Minimum vitamin A, other than the precursors of vitamin A, in international units per pound.

Section 6. Required Guarantees for Equine Complete Feeds and Supplements (All Classes).

(1) The equine animal classes shall be:

(a) Growing;

(b) Broodmare;

(d) Performance (including stallions).

(2) The guaranteed analysis for equine complete feeds and supplements (all animal classes) shall include the:

(a) Minimum percentage of crude protein;

(b) Minimum percentage of crude fat;

(d) Maximum percentage of Acid Detergent Fiber (ADF);

(e) Maximum percentage of Neutral Detergent Fiber (NDF);

(f) Minimum and maximum percentage of calcium;

(g) Minimum percentage of phosphorus;

(h) Minimum copper in parts per million (ppm) (if added);

(i) Minimum selenium in parts per million (ppm);

(j) Minimum zinc in parts per million (ppm); and

(k) Minimum vitamin A, other than the precursors of vitamin A, in international units per pound (if added).

(3) The guaranteed analysis for equine mineral feed shall include the:

(a) Minimum and maximum percentage of calcium;

(b) Minimum percentage of phosphorus;

(d) Minimum and maximum percentage of total sodium, if the total sodium exceeds that provided by the maximum salt guarantee;

(e) Minimum copper in parts per million (ppm) (if added);

(f) Minimum selenium in parts per million (ppm);

(g) Minimum zinc in parts per million (ppm); and

(h) Minimum vitamin A, other than the precursors of vitamin A, in international units per pound (if added).

Section 7. Required Guarantees for Goat Formula Feeds.

(1) The animal classes for goats shall be:

(a) Starter;

(b) Grower;

(d) Breeder; and

(e) Lactating.

(2) The guaranteed analysis for goat complete feeds and supplements (all animal classes) shall include the:

(a) Minimum percentage of crude protein;

(b) Maximum percentage of equivalent crude protein from non-protein nitrogen (NPN) (if added);

(d) Maximum percentage of crude fiber;

(e) Maximum percentage of acid detergent fiber;

(f) Minimum and maximum percentage of calcium;

(g) Minimum percentage of phosphorus;

(h) Minimum and maximum percentage of salt (if added);

(i) Minimum and maximum percentage of total sodium, if the total sodium exceeds that provided by the maximum salt guarantee;

(j) Minimum and maximum copper in parts per million (ppm) (if added);

(k) Minimum selenium in parts per million (ppm); and

(l) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added).

Section 8. Required Guarantees for Sheep Formula Feeds.

(1) The animal classes for sheep shall be:

(a) Starter;

(b) Grower;

(d) Breeder; and

(e) Lactating.

(2) The guaranteed analysis for sheep complete feeds and supplements (all animal classes) shall include the:

(a) Minimum percentage of crude protein;

(b) Maximum percentage of equivalent crude protein from non-protein nitrogen (NPN) (if added);

(d) Maximum percentage of crude fiber or acid detergent fiber (ADF);

(e) Minimum and maximum percentage of calcium;

(f) Minimum percentage of phosphorus;

(g) Minimum and maximum percentage of salt (if added);

(h) Minimum and maximum percentage of total sodium, if the total sodium exceeds that provided by the maximum salt guarantee;

(i) Minimum and maximum copper in parts per million (ppm) (if added, or total copper exceeds 20 ppm);

(j) Minimum selenium in parts per million (ppm); and

(k) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added).

Section 9. Required Guarantees for Ducks and Geese Formula Feeds.

(1) The duck animal classes shall be:

(a) Starter - zero to three (3) weeks of age;

(b) Grower - three (3) to six (6) weeks of age;

(d) Breeder developer - eight (8) to nineteen (19) weeks of age; and

(e) Breeder - twenty-two (22) weeks to end of lay.

(2) The geese animal classes shall be:

(a) Starter - zero to four (4) weeks of age;

(b) Grower - four (4) to eight (8) weeks of age;

(d) Breeder developer - ten (10) to twenty-two (22) weeks of age; and

(e) Breeder - twenty-two (22) weeks to end of lay.

(3) The guaranteed analysis for duck and geese complete feeds and supplements (for all animal classes) shall include the:

(a) Minimum percentage of crude protein;

(b) Minimum percentage of crude fat;

(d) Minimum and maximum percentage of calcium;

(e) Minimum percentage of phosphorus;

(f) Minimum and maximum percentage of salt (if added); and

(g) Minimum and maximum percentage of total sodium, if the total sodium exceeds that provided by the maximum salt guarantee.

Section 10. Required Guarantees for Fish Complete Feeds and Supplements.

(1) The following animal species shall be declared in lieu of an animal class:

(a) Trout;

(b) Catfish; and

(2) The guaranteed analysis for all fish complete feeds and supplements shall include the:

(a) Minimum percentage of crude protein;

(b) Minimum percentage of crude fat;

(d) Minimum percentage of phosphorus.

Section 11. Required Guarantees for Rabbit Complete Feeds and Supplements.

(1) The rabbit animal classes shall be:

(a) Grower - four (4) to twelve (12) weeks of age; and

(b) Breeder - twelve (12) weeks of age and over.

(2) The guaranteed analysis for rabbit complete feeds and supplements (all animal classes) shall include the:

(a) Minimum percentage of crude protein;

(b) Minimum percentage of crude fat;

(c) Minimum and maximum percentage of crude fiber or acid detergent fiber (ADF) (the maximum shall not exceed the minimum by more than five (5.0) units);

(d) Minimum and maximum percentage of calcium;

(e) Minimum percentage of phosphorus;

(f) Minimum and maximum percentage of salt (if added);

(g) Minimum and maximum percentage of total sodium, if the total sodium exceeds that provided by the maximum salt guarantee; and

(h) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added).

Section 12. The required guarantees of grain mixtures and formula feeds and ingredients that are not specifically established in Sections 2 through 11 of this administrative regulation or exempted under Section 13 of this administrative regulation, shall include the following items in the order listed:

(1) Minimum percentage of crude protein;

(2) Minimum or maximum percentage of equivalent crude protein from non-protein nitrogen (NPN) as required in 12 KAR 2:021 (if added);

(3) Minimum percentage of crude fat;

(4) Maximum percentage of crude fiber or acid detergent fiber (ADF);

(5) Minerals in formula feeds in the following order:

(a) Minimum and maximum percentage of calcium;

(b) Minimum percentage of phosphorus;

(d) Minimum and maximum percentage of total sodium, if the total sodium exceeds that provided by the maximum salt guarantee; and

(e) Other minerals;

(6) Minerals in feed ingredients as established by the official definition of the Association of American Feed Control Officials, incorporated by reference in 12 KAR 2:006;

(7) Vitamins in the terms required by 12 KAR 2:021;

(8) Total sugars as invert on dried molasses products or products being sold primarily for their sugar content;

(9) Viable lactic acid producing microorganisms if used in silage products and direct fed microbial products guaranteed in terms established in 12 KAR 2:021; and

(10) If the item is a commercial feed (for example, vitamin and mineral premix and base mix) intended to provide a specialized nutritional source for use in the manufacture of other feeds, the item's intended purpose and guarantee of those nutrients relevant to the stated purpose.

Section 13. Exemptions.

(1) A mineral guarantee for feed, excluding those feeds manufactured as complete feeds and for feed supplements intended to be mixed with grain to produce a complete feed for swine, poultry, fish, or veal and herd milk replacers, shall not be required if:

(a) The feed or feed ingredient is not intended or represented or does not serve as a principal source of that mineral to the animal; or

(b) The feed or feed ingredient is intended for nonfood producing animals and contains less than six and five-tenths (6.5) percent total mineral.

(2) Guarantees for vitamins shall not be required if the commercial feed is neither formulated for nor represented as a vitamin supplement.

(3) Guarantees for crude protein, crude fat and crude fiber shall not be required if the commercial feed is intended for purposes other than to provide these substances or if these substances are of minor significance relating to the primary purpose of the product, such as a Type A drug article, mineral or vitamin supplements, or molasses.

(4) Guarantees for microorganisms and enzymes shall not be required if:

(a) The commercial feed is intended for a purpose other than to provide these substances; or

(b)

These substances are of minor significance relating to the primary purpose of the product; and
Specific label claims are not made.

(5) The indication for animal class and species shall not be required on single ingredient products if the ingredient is not intended, represented, or defined for a specific animal class or species.

History

RELATES TO: KRS 250.491 - 250.631
STATUTORY AUTHORITY: KRS 250.521(1)(b), 250.571(1)
CERTIFICATION STATEMENT: This certifies that this administrative regulation complies with the requirements of 2025 RS HB 6, Section 8.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for the efficient enforcement of KRS 250.491 to 250.631, regarding commercial feeds. KRS 250.521(1)(b) requires that a commercial feed label contain a guaranteed analysis stated in terms the director by administrative regulation determines are required to advise the user of the composition of the feed or to support claims made in the labeling. This administrative regulation establishes a uniform format for the nutritional guarantees required as a part of the commercial feed label.
History: 012 KAR 002:018. 23 Ky.R. 1806; 2706; eff. 1-10-1997; 45 Ky.R. 385; eff. 10-10-2018; Crt to Am; filed Am 9-11-2025; 52 Ky.R. 572, 1661; eff. 6-30-2026.

12 KAR 2:021 Expression of guarantees {#sec-12-kar-2-021 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:021}

Section 1. The guarantees for crude protein, equivalent crude protein from non-protein nitrogen; lysine, methionine, and other amino acids; crude fat; crude fiber; and acid detergent fiber shall be in terms of percentage.

Section 2. Mineral Guarantees.

(1) If the calcium, salt, and sodium guarantees are given in the guaranteed analysis, the guarantee shall be stated and conform to the following:

(a) If the minimum is below two and one-half (2.5) percent, the maximum shall not exceed the minimum by more than one-half (0.5) percentage point.

(b) If the minimum is two and one-half (2.5) percent but five (5) percent, the maximum shall not exceed the minimum by more than one (1) percentage point.

(c) If the minimum is above five (5) percent, the maximum shall not exceed the minimum by more than twenty (20) percent of the minimum and in no case shall the maximum exceed the minimum by more than five (5) percentage points.

(2) If stated, guarantees for minimum and maximum total sodium and salt; minimum potassium, magnesium, sulfur, and phosphorus; and maximum fluoride shall be stated in terms of percentage. Other minimum mineral guarantees shall be stated in parts per million (ppm) if the concentration is less than 10,000 ppm and in percentage if the concentration is 10,000 ppm (one (1) percent) or greater.

(3) Products labeled with a quantity statement (e.g. tablets, capsules, granules, or liquids) shall state mineral guarantees in milligrams (mg) per unit (e.g. tablets, capsules, granules, or liquids) consistent with the quantity statement and directions for use.

Section 3. Guarantees for minimum vitamin content of commercial feeds shall be listed in the order specified and stated in mg/lb. or in units consistent with those employed for the quantity statement unless otherwise specified in this section:

(1) Vitamin A, other than precursors of vitamin A, shall be stated in International Units per pound.

(2) Vitamin D3, in products offered for poultry feeding, shall be stated in International Chick Units per pound.

(3) Vitamin D for other uses shall be stated in International Units per pound.

(4) Vitamin E shall be stated in International Units per pound.

(5) Concentrated oils and feed additive premixes containing vitamins A, D, or E may, at the option of the distributor, be stated in units per gram instead of units per pound.

(6) Vitamin B-12 shall be stated in milligrams or micrograms per pound.

(7) All other vitamin guarantees shall express the vitamin activity in milligrams per pound for the following: menadione, riboflavin, d-pantothenic acid, thiamine, niacin, vitamin B-6, folic acid, choline, biotin, inositol, p-amino benzoic acid, ascorbic acid, and carotene.

Section 4. Guarantees for drugs shall be stated in terms of percent by weight, except:

(1) Antibiotics present at less than 2,000 grams per ton (total) of commercial feed shall be stated in grams per ton of commercial feed.

(2) Antibiotics present at 2,000 or more grams per ton (total) of commercial feed shall be stated in grams per pound of commercial feed.

(3) The term "milligrams per pound" may be used for drugs or antibiotics if a dosage is given in "milligrams" in the feeding directions.

Section 5. Commercial feeds containing added non-protein nitrogen shall be labeled as follows:

(1) For ruminants:

(a) Complete feeds, supplements, and concentrates containing added non-protein nitrogen and containing more than five (5) percent protein from natural sources shall be guaranteed as follows: Crude Protein, minimum ____percent (this includes not more than ____percent equivalent protein from non-protein nitrogen.

(b) Mixed feed concentrates and supplements containing five (5) percent or less protein from natural sources shall be guaranteed as follows: Equivalent Crude Protein from Non-protein Nitrogen, minimum ____percent.

(c) Ingredient sources of non-protein nitrogen including Urea, Diammonium Phosphate, Ammonium Polyphosphate Solution, Ammoniated Rice Hulls, or other basic non-protein nitrogen ingredients defined by the Association of American Feed Control Officials shall be guaranteed as follows: Nitrogen, minimum ____percent. Equivalent Crude Protein from Non-protein Nitrogen, minimum ____percent.

(2) For non-ruminants:

(a) Complete feeds, supplements, and concentrates containing crude protein from all forms of non-protein nitrogen, added as such, shall be labeled as follows: Crude protein, minimum ____percent. (This includes not more than ____percent equivalent crude protein which is not nutritionally available to (species of animal for which feed is intended).

(b) Premixes, concentrates, or supplements intended for non-ruminants containing more than 1.25 percent equivalent crude protein added from all forms of non-protein nitrogen, added as such, shall contain adequate directions for use and this prominent statement: WARNING: This feed must be used only in accordance with directions furnished on the label.

Section 6. Mineral phosphatic materials for feeding purposes shall be labeled with the guarantee for minimum and maximum percentage of calcium (if present), the minimum percentage of phosphorus, and the maximum percentage of fluorine.

Section 7. Guarantees for microorganisms shall be stated in colony forming units per gram (CFU/g) if directions are for using the product in grams, or in colony forming units per pound (CFU/lb) if directions are for using the product in pounds. A parenthetical statement following the guarantee shall list each species in order of predominance.

Section 8. Guarantees for enzymes shall be stated in units of enzymatic activity per unit weight or volume, consistent with label directions. The source organism for each type of enzymatic activity shall be specified in the format followed in this example: Protease (Bacillus subtilis) five and five-tenths (5.5) mg amino acids liberated/min./milligram. If two (2) or more sources have the same type of activity, they shall be listed in order of predominance based on the amount of enzymatic activity provided.

Section 9. Guarantees for Dietary Starch, Sugars, and Fructans for Commercial Feeds, Other than Customer-formula Feed, Pet Food, and Specialty Pet Food Products.

(1) A commercial feed that bears on its labeling claim in any manner for levels of "dietary starch," "sugars," "fructans," or words of similar designation, shall include on the label:

(a) Guarantees for maximum percentage of dietary starch and maximum percentage sugars, in the Guaranteed Analysis section immediately following the last fiber guarantee; and

(b) A maximum percentage guarantee for fructans immediately following sugars, if the feed contains forage products.

(2) When such guarantees for dietary starch, sugars, or fructans for commercial feeds appear on the label, feeding directions shall indicate the proper use of the feed product and a recommendation to consult with veterinarian or nutritionist for a recommended diet.

Section 10. The guaranteed analyses that appear upon the label of a commercial feed shall adequately inform the consumer of the actual nutrient content of a product. The Division of Regulatory Services shall use the 2018 Table of Kentucky Analytical Variations to determine those analytes that fall outside of acceptable ranges.

Section 11. Incorporation by Reference.

(1) "2018 Table of Kentucky Analytical Variations", January 2018, Division of Regulatory Services, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Regulatory Services, University of Kentucky, 103 Regulatory Services Building, Lexington, Kentucky 40546-0275, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 250.491-250.631
STATUTORY AUTHORITY: KRS 250.521(1)(b), 250.571(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for the efficient enforcement of KRS 250.491 to 250.631, regarding commercial feeds. KRS 250.521(1)(b) requires that a commercial feed label contain a guaranteed analysis stated in terms the director by administrative regulation determines are required to advise the user of the composition of the feed or to support claims made in the labeling. This administrative regulation establishes a uniform format for the expression of nutritional guarantees required as a part of the commercial feed label.
History: 012 KAR 002:021. AES-2(1973)-4; 1 Ky.R. 999; eff. 6-11-1975; 23 Ky.R. 1607; 2709; eff. 1-10-1997; 45 Ky.R. 389; eff. 10-10-2018; Crt eff. 9-11-2025.

12 KAR 2:026 Ingredients {#sec-12-kar-2-026 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:026}

Section 1. Commercial feeds, other than customer-formula feeds, shall have an ingredient statement listing the feed ingredients, collective terms for the grouping of feed ingredient, or other appropriate statement pursuant to KRS 250.521(1)(c).

(1) The name of each ingredient or collective term for the grouping of ingredients, if required to be listed, shall be the name as defined in the Official Common and Usual Names and Definitions of Feed Ingredients as published in the Official Publication of the Association of American Feed Control Officials, incorporated by reference in 12 KAR 2:006, the common or usual name, or one approved by the director.

(2) The ingredient statement may list the collective terms for the grouping of feed ingredients as defined in the official definitions of feed ingredients published in the Official Publication of the Association of American Feed Control Officials rather than the individual ingredients.

(a) If a collective term for a group of ingredients is used on the label, individual ingredients within that group shall not be listed on the label.

(b) The manufacturer shall provide the Director of Regulatory Services, upon written or oral request, with a listing of individual ingredients within a defined group that are or have been used in manufacturing facilities distributing in Kentucky. The manufacturer shall be specific in its response to the request made of a particular facility or production.

Section 2. The name of each ingredient shall be shown in letters or type of the same size.

Section 3. A reference to quality or grade of an ingredient shall not appear in the ingredient statement of a feed.

Section 4. The term "dehydrated" may precede the name of a product that has been artificially dried.

Section 5. A single ingredient product defined by the Association of American Feed Control Officials shall not be required to have an ingredient statement.

Section 6. Tentative definitions for ingredients shall not be used until established as official by the Association of American Feed Control Officials unless an official definition does not exist or the ingredient has a common accepted name that requires no definition, (for example, sugar).

Section 7. If the word "iodized" is used in connection with a feed ingredient, the feed ingredient shall contain not less than 0.007 percent iodine, uniformly distributed.

History

RELATES TO: KRS 250.491 - 250.631
STATUTORY AUTHORITY: KRS 250.521(1)(c), 250.571(1)
CERTIFICATION STATEMENT: This certifies that this administrative regulation complies with the requirements of 2025 RS HB 6, Section 8.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for the efficient enforcement of KRS 250.491 to 250.631, regarding commercial feeds. KRS 250.521(1)(c) requires that a commercial feed label list the common or usual name of each ingredient used in the manufacture of the commercial feed, unless the director promulgates an administrative regulation permitting the use of a collective term for a group of ingredients. This administrative regulation establishes the requirements for listing the ingredients on the commercial feed label.
History: 012 KAR 002:026. AES-2(1973)-5; 1 Ky.R. 999; eff. 6-11-1975; 1608; 2710; eff. 1-10-1997; 45 Ky.R. 391; eff. 10-10-2018; Crt to Am; filed Am 9-11-2025; 52 Ky.R. 576, 1664; eff. 6-30-2026.

12 KAR 2:031 Directions for use and precautionary statements {#sec-12-kar-2-031 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:031}

Section 1. Directions for use and precautionary statements on the labeling of a commercial feed and customer-formula feed containing additives, such as a drug, a special purpose additive, or nonnutritive additive shall:

(1) Be adequate to enable safe and effective use for the intended purposes by users with no special knowledge of the purpose and use of the articles; and

(2) Include, at a minimum, all information prescribed by:

(a) Applicable federal regulations under the Federal Food, Drug, and Cosmetic Act, which is codified as 21 U.S.C. 301 to 397; and

(b) 12 KAR 2:036, for feed containing non-protein nitrogen.

Section 2. Adequate directions and precautionary statements necessary for safe and effective use shall be placed on commercial feeds distributed to supply particular dietary needs or for supplementing or fortifying the usual diet or ration with a vitamin, mineral, or other dietary nutrient or compound.

Section 3. Raw milk distributed as commercial feed shall bear the following statement: "WARNING: NOT FOR HUMAN CONSUMPTION - THIS PRODUCT HAS NOT BEEN PASTEURIZED AND MAY CONTAIN HARMFUL BACTERIA." This statement shall be displayed in a conspicuous manner and shall not be smaller than the height of the minimum font required by the Federal Fair Packaging and Labeling Act for the quantity statement as shown in the following table:

History

RELATES TO: KRS 250.501, 250.531, 250.551(1), (2), 21 C.F.R. 225.80, 225.180
STATUTORY AUTHORITY: KRS 250.521(2)(e), (f), 250.571(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for the efficient enforcement of KRS 250.490 to 250.631. This administrative regulation requires that directions for feeding and precautionary statements be provided with feed containing additives to ensure safe and effective use of the product.
History: 012 KAR 002:031. AES-2(1973)-6; 1 Ky.R. 1000; eff. 6-11-1975; 25 Ky.R. 892; 2355; eff. 4-14-1999; 45 Ky.R. 392; eff. 10-10-2018; Crt eff. 9-11-2025.

12 KAR 2:036 Non-protein nitrogen {#sec-12-kar-2-036 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:036}

Section 1. Urea and other non-protein nitrogen products defined in the Official Publication of the Association of American Feed Control Officials shall be acceptable ingredients in commercial feeds for ruminant animals as a source of equivalent crude protein. If the commercial feed contains more than 8.75 percent of equivalent crude protein from all forms of non-protein nitrogen, added as such, or the equivalent crude protein from all forms of non-protein nitrogen, added as such, exceeds one-third of the total crude protein, the label shall bear adequate directions for the safe use of feeds and precautionary statement: "CAUTION USE AS DIRECTED." The directions for use and the caution statement shall be in type of such size that when placed on the label it will be read and understood by ordinary persons under customary conditions of purchase and use.

Section 2. Non-protein nitrogen defined in the Official Publication of the Association of American Feed Control Officials, if so indicated, shall be acceptable ingredients in commercial feeds distributed to non-ruminant animals as a source of nutrients other than equivalent crude protein. The maximum equivalent crude protein from non-protein nitrogen sources when used in non-ruminant rations shall not exceed 1.25 percent of the total daily ration.

Section 3. On labels such as those for medicated feeds that bear adequate feeding directions or warning statements, the presence of added non-protein nitrogen shall not require a duplication of the feeding directions or the precautionary statements if those statements include sufficient information to ensure the safe and effective use of this product due to the presence of non-protein nitrogen.

History

RELATES TO: KRS 250.491-250.631
STATUTORY AUTHORITY: KRS 250.571
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for the efficient enforcement of KRS 250.491 to 250.631, regarding commercial feeds. This administrative regulation establishes requirements for the safe use of non-protein nitrogen in commercial feeds.
History: 012 KAR 002:036. AES-2(1973)-7; 1 Ky.R. 1000; eff. 6-11-1975; 23 Ky.R. 1609; 2711; eff. 1-10-1997; 45 Ky.R. 394; eff. 10-10-2018; Crt eff. 9-11-2025.

12 KAR 2:041 Drug and feed additives {#sec-12-kar-2-041 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:041}

Section 1. Before approval of a registration application or approval of a label for a commercial feed containing an additive, including a drug, another special purpose additive, or non-nutritive additive, the distributor shall, upon request by the director, submit evidence to prove the safe and effective use of the commercial feed if used according to the directions furnished on the label.

Section 2. Satisfactory evidence of safe and effective use of a commercial feed shall be one (1) of the following:

(1) Commercial feed that contains additives, the use of which conforms to the requirements of the applicable regulation in Title 21, Code of Federal Regulations, or that are "prior sanctioned,""informal review sanctioned," or "generally recognized as safe" for use;

(2) Commercial feed that is a drug as defined by KRS 250.501(7) and is generally recognized by the Food and Drug Administration as safe and effective for its labeled use or is marketed pursuant to an application approved by the Food and Drug Administration under 21 U.S.C. 360b;

(3) Commercial feed, one (1) purpose of which is to impart immunity (that is to act through some immunological process) if the constituents imparting immunity have been approved for the purpose under 21 U.S.C. 151 – 159;

(4) Commercial feed that is a direct-fed microbial product if:

(a) The product is defined as a "fermentation product" in the Official Publication of the Association of American Feed Control Officials, incorporated by reference in 12 KAR 2:006; and

(b) The microbial content statement:

Appears on the label;
States "Contains a source of live (viable), naturally occurring microorganisms"; and
includes the source stated with a corresponding guarantee expressed in accordance with 12 KAR 2:021, Section 7; or

(5) If the commercial feed is an enzyme product and is:

(a) Defined as an "enzyme" by the Official Publication of the Association of American Feed Control Officials; and

(b) Guaranteed according to the provisions of 12 KAR 2:021, Section 8.

History

RELATES TO: KRS 250.501, 250.511, 250.541(1)(a), (b), (c), (d), (e), (f), (j), (2)(c), (d), (e), 21 C.F.R. 570.3(1), 570.30, 582, 21 U.S.C. 151-158, 360(b)
STATUTORY AUTHORITY: KRS 250.541, 250.551(1), (2), 250.571(1)
CERTIFICATION STATEMENT: This certifies that this administrative regulation complies with the requirements of 2025 RS HB 6, Section 8.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for the efficient enforcement of KRS 250.491 to 250.631 regarding commercial feeds. KRS 250.541 provides that a commercial feed or a material exempted from the definition of commercial feed shall be considered adulterated if it meets the conditions established in KRS 250.541. KRS 250.551(1) and (2) prohibit the manufacture or distribution of an adulterated product as animal feed. This administrative regulation establishes the requirements to ensure the safe and effective use of commercial feeds containing additives.
History: 012 KAR 002:041. AES-2(1973)-8; 1 Ky.R. 1000; eff. 6-11-1975; 23 Ky.R. 1610; eff. 1-10-1997; 25 Ky.R. 1087; 2355; eff. 4-14-1999; 45 Ky. R. 395; eff. 10-10-2018; Crt to Am; filed Am 9-11-2025; 52 Ky.R. 578, 1664; eff. 6-30-2026.

12 KAR 2:046 Poisonous or deleterious substances {#sec-12-kar-2-046 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:046}

Section 1. For the purpose of KRS 250.541(1)(a), poisonous or deleterious substances shall include, for example:

(1) Fluorine and a mineral or mineral mixture that is fed directly to a domestic animal if the fluorine exceeds:

(a) 0.20 percent for breeding or dairy cattle;

(b) 0.30 percent for slaughter cattle;

(d) 0.35 percent for lambs;

(e) 0.45 percent for swine; and

(f) 0.60 percent for poultry;

(2) A fluorine-bearing ingredient if used in an amount that raises the fluorine content of the total ration, excluding roughage, above:

(a) 0.004 percent for breeding or dairy cattle;

(b) 0.009 percent for slaughter cattle;

(d) 0.01 percent for lambs;

(e) 0.015 percent for swine; and

(f) 0.03 percent for poultry;

(3) A fluorine-bearing ingredient mixed in feed that:

(a) Is fed directly to cattle, sheep, or goats that consume roughage regardless of the amount of grain consumed; and

(b) Results in a daily intake of more than fifty (50) milligrams of fluorine per 100 pounds of body weight;

(4) Soybean meal, flakes, or pellets or another vegetable meal, flakes, or pellets that have been extracted with trichloroethylene or other chlorinated solvent;

(5) Sulfur dioxide, sulfurous acid, and salts of sulfurous acid that are used in or on feeds or feed ingredients that are considered or labeled a significant source of vitamin B1 (thiamine); and

(6) Raw leather residue from tanning or leather manufacturing.

Section 2. A screening or by-product of grains and seeds containing weed seeds used in commercial feed or sold as commercial feed to the ultimate consumer shall be ground fine enough or otherwise treated to destroy the viability of the weed seeds so the finished product contains:

(1) No viable prohibited noxious weed seeds; and

(2) Not more than 480 viable restricted weed seeds per pound.

History

RELATES TO: KRS 250.501(4), (5), (6), (7), (8), (24), 250.541, 250.551(1), (2), (3)
STATUTORY AUTHORITY: KRS 250.571(1)
CERTIFICATION STATEMENT: This certifies that this administrative regulation complies with the requirements of 2025 RS HB 6, Section 8.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for the efficient enforcement of KRS 250.491 to 250.631, regarding commercial feeds. This administrative regulation establishes the requirements for the safe use of substances that might have deleterious effects if not fed according to the standards established in this administrative regulation.
History: 012 KAR 002:046. AES-2(1973)-9; 1 Ky.R. 1000; eff. 6-11-1975; 23 Ky.R. 1611; eff. 1-10-1997; 25 Ky.R. 893; 2356; eff. 4-14-1999; 45 Ky.R. 396; eff. 10-10-2018; Crt to Am; filed Am 9-11-2025; 52 Ky.R. 579, 1665; eff. 6-30-2026.

12 KAR 2:051 Manufacturing conditions {#sec-12-kar-2-051 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:051}

Section 1. The current good manufacturing practices for Type B and Type C medicated feeds shall be governed by 21 C.F.R. 225.1 through 225.202.

Section 2. The current good manufacturing practices for Type A medicated articles shall be governed by 21 C.F.R. 226.1 through 226.115.

Section 3. The current good manufacturing practices, hazard analysis, and risk-based preventive controls for food for animals for facilities engaged in the holding and distribution of animal food shall be governed by 21 C.F.R. 507.1 through 507.215.

History

RELATES TO: KRS 250.501, 250.511, 250.541, 250.551, 250.581(1), 21 C.F.R. 225.1 - 225.202, 226.1 - 226.115
STATUTORY AUTHORITY: KRS 250.541(2)(c), 250.571(1), 21 C.F.R. 225.1 - 225.202, 226.1 - 226.115
CERTIFICATION STATEMENT: This certifies that this administrative regulation complies with the requirements of 2025 RS HB 6, Section 8.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for the efficient enforcement of KRS 250.491 to 250.631, regarding commercial feeds. KRS 250.541(2)(c) requires the promulgation of an administrative regulation that establishes the current good manufacturing practices for the manufacturing, processing, and packaging of commercial feed. This administrative regulation establishes current good manufacturing practices, hazard analysis, and risk-based preventive controls for facilities engaged in holding and distribution of animal feed.
History: 012 KAR 002:051. AES-2(1973)-10; 1 Ky.R. 1001; eff. 6-11-1975; 23 Ky.R. 1612; eff. 1-10-1997; 25 Ky.R. 894; 2357; eff. 4-14-1999; 45 Ky.R. 398; eff. 10-10-2018; Crt to Am; filed Am 9-11-2025; 52 Ky.R. 581, 1665; eff. 6-30-2026.

12 KAR 2:056 List of manufacturers {#sec-12-kar-2-056 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:056}

Section 1. For the purpose of maintaining current files of feed manufacturers pursuant to KRS 250.511(1) of the Kentucky Feed Law, the list of manufacturers on file shall be evaluated quarterly and facilities not having current tonnage reports shall be removed.

Section 2. Firms removed shall be notified at the address of record and shall be given the opportunity of being reinstated if the division is notified that reinstatement is desired.

History

RELATES TO: KRS 250.491-250.631
STATUTORY AUTHORITY: KRS 250.571(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for the efficient enforcement of KRS 250.491 to 250.631, regarding commercial feeds. This administrative regulation establishes a current listing of facilities manufacturing commercial feed in the state to aid in the exchange of correspondence and collections of official feed samples.
History: 012 KAR 002:056. AES-2(1973)-11; 1 Ky.R. 1001; eff. 6-11-1975; 45 Ky.R. 399; eff. 10-10-2018; Crt eff. 9-11-2025

12 KAR 2:061 Registration {#sec-12-kar-2-061 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:061}

Section 1.

(1) Except as provided in subsection (2) of this section, a manufacturer shall submit a completed Application for Registration of Commercial Feeds to register each feed other than a customer-formula feed.

(2) The director shall grant an exemption to the registration requirement if the owner or other responsible individual with authority to register feed for the manufacturer:

(a) Has a record of satisfactory compliance with the labeling requirements established in KRS 250.521 and 12 KAR 2:011; and

(b) Submits to the director a notarized affidavit certifying the following:

a. Name and mailing address of the manufacturer; and

b. A statement acknowledging the manufacturer's responsibility to comply with KRS 250.491 to 250.631 including payment of the inspection fee required by KRS 250.561(1);

a. That the person requesting the exemption has knowledge of the labeling requirements of KRS 250.521 and 12 KAR 2:011; or

b. That a qualified individual is employed to ensure that commercial feed is labeled according to KRS 250.521 and 12 KAR 2:011. The name and address of the person responsible for product labeling shall be provided, if different than the affiant;

A commercial feed distributed in Kentucky is suitable for its intended purpose in accordance with the requirements established in 12 KAR 2:066, Sections 1, 2, and 6;
Within thirty (30) days of notification the affiant agrees to provide a label for each commercial feed, a specifically designated feed or feed type distributed in Kentucky for the purpose of determining compliance with the labeling requirements established in KRS 250.521 and 12 KAR 2:011. The request and compliance with the request shall not be construed as a registration process; and
That the affiant agrees to resume registration of each commercial feed if notified by the director of unsatisfactory compliance with the labeling requirements of KRS 250.521 and 12 KAR 2:011 or of the failure to provide a requested label within thirty (30) days. The manufacturer shall have thirty (30) days from receipt of the notice to complete registration of a commercial feed product offered for sale in Kentucky. During this period the affiant may request a meeting with the director to resolve a labeling violation or seek reinstatement or modification of registration exemption.

Section 2. A registration exemption shall not prevent the enforcement of KRS 250.491 to 250.631. A manufacturer granted a registration exemption shall be considered registered for a commercial feed, other than a customer-formula feed.

Section 3. A distributor of customer-formula feed shall register as a customer-formula feed distributor by submitting a completed Registration of Customer-Formula Feed Distributor Form. Registration as a customer-formula feed distributor shall be dependent upon agreement by the manufacturer to:

(1) Abide by the labeling requirements of KRS 250.521(2); and

(2) Maintain at the facility where customer-formula feed is manufactured, a file of customer-formula mixes.

Section 4. Registration of a customer-formula feed distributor shall be subject to cancellation under the same conditions established for registered feeds under KRS 250.511(3) and 250.561(3).

Section 5. For commercial feed that is distributed to the final purchaser exclusively in an immediate container package weight of ten (10) pounds or less, the person whose name appears on the label as the guarantor or distributor shall provide the director with:

(1) The name of each product by submitting a completed Application for Registration of Commercial Feeds before distribution within Kentucky; and

(2) Pay the fee required by KRS 250.561(1)(d).

Section 6. Incorporation by Reference.

(1) "Application for Registration of Commercial Feeds", 2018, Division of Regulatory Services, is incorporated by reference.

History

RELATES TO: KRS 250.501, 250.511(3), 250.521(2), 250.561(3)
STATUTORY AUTHORITY: KRS 250.571(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for the efficient enforcement of KRS 250.491 to 250.631, regarding commercial feeds. KRS 250.511(1) and (2) require a manufacturer or distributor of commercial feed in Kentucky to register with the director each facility that manufactures customer-formula feed and each commercial feed except customer-formula feed. This administrative regulation establishes the procedure for the registration of commercial feed and manufacturers of customer-formula feed and the requirements for an exemption.
History: 012 KAR 002:061. AES-2(1973)-12; 1 Ky.R. 1001; eff. 6-11-1975; 23 Ky.R. 1612; eff. 1-10-1997; 25 Ky.R. 895; 2357; eff. 4-14-1999; 45 Ky.R. 400; eff. 10-10-2018; Crt eff. 9-11-2025.

12 KAR 2:066 Suitability {#sec-12-kar-2-066 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:066}

Section 1. The nutritional content of commercial feed shall be as stated by its labeling. The feed, its labeling and stated use shall be suitable for the intended purpose of the product.

Section 2.

(1) Commercial feed for swine, poultry, or fish or milk replacer for veal or herd replacement calves, if fed according to directions, shall meet the applicable nutrient requirements established by the National Research Council, and incorporated by reference in this administrative regulation.

(2) A signed affidavit of suitability attesting to the nutritional adequacy of the feed based upon valid scientific evidence shall be submitted to the director upon request as established in Section 6 of this administrative regulation.

Section 3. An affidavit of suitability certifying that the feed sponsor has valid scientific knowledge assuring suitability of the nutritional content of the feed shall be submitted to the director if the suitability of the feed is challenged.

Section 4. Submission of a completed Affidavit of Suitability shall serve as proof of suitability. The feed sponsor shall not be required to provide scientific information nor a reference thereto unless the director has reason to believe that the feed is not suitable for its intended use. The director shall have the authority to conduct a hearing requiring the feed sponsor to produce sufficient scientific evidence of the feed's suitability.

Section 5. Upon receipt by the director of a complete Affidavit of Suitability, the feed sponsor may continue to market the product. If an affidavit is not properly submitted, the director may, pursuant to KRS 250.091(1) or 250.601(2), place or continue a stop-sale order on the feed and order its removal from the marketplace as well as all other feeds manufactured or distributed under the same product name.

Section 6. The Affidavit of Suitability shall contain the following information:

(1) The feed manufacturer's name;

(2) The feed's product name;

(3) The name and title of the affiant submitting the document;

(4) The statement that the affiant has knowledge of the nutritional content of the feed and is familiar with the nutritional requirements of the animal species and animal class for which the product is intended, as established by the National Research Council of the National Academy of Sciences;

(5) The statement that the affiant has knowledge of valid scientific evidence that supports the suitability for the intended animal species and animal class for which the feed is intended. If the manufacturer states on the label a nutrient guarantee below the minimum National Research Council nutrient recommendation, the manufacturer shall specify in the Affidavit of Suitability scientific evidence demonstrating that a feed with that nutrient content is suitable for its intended purpose;

(6) The date of submission; and

(7) The signature of the affiant notarized by a notary public.

Section 7. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) Nutrient Requirements of Swine, Eleventh Revised Edition, 2012, National Research Council;

(b) Nutrient Requirements of Dairy Cattle, Seventh Revised Edition, 2001, National Research Council;

(d) Nutrient Requirements of Poultry, Ninth Revised Edition, 1994, National Research Council.

History

RELATES TO: KRS 250.541(2)(e)
STATUTORY AUTHORITY: KRS 250.541(2)(e), 250.571(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for the efficient enforcement of KRS 250.491 to 250.631, regarding commercial feeds. This administrative regulation establishes criteria that commercial feed shall meet in order to be suitable for its intended purpose and establishes the procedure for an affidavit attesting to the nutritional adequacy of a commercial feed.
History: 012 KAR 002:066. 23 Ky.R. 1809; eff. 1-10-1997; Am. 25 Ky.R. 897; 2358; eff. 4-14-1999; 45 Ky.R. 401; 942; eff. 10-10-2018; Crt eff. 9-11-2025.

Chapter 3 Pet Food

12 KAR 3:007 Definitions for 12 KAR Chapter 3 {#sec-12-kar-3-007 omnilex-key=us-ky-regs-official--title-12--12 KAR 3:007}

Section 1. Definitions.

(1) "All life stages" means gestation or lactation, growth, and adult maintenance life stages.

(2) "Family" means a group of products that are nutritionally adequate for any or all life stages based on the products nutritional similarity to a lead product that has been successfully test-fed according to an AAFCO feeding protocol.

(3) "Immediate container":

(a) Means the unit, can, box, tin, bag, or other receptacle or covering in which a pet food or specialty pet food is displayed for sale to retail purchasers; and

(b) Does not mean containers used as shipping containers.

(4) "Ingredient statements" means a collective and contiguous listing on the label of the ingredients of which the pet food or specialty pet food is composed.

(5) "Principal display panel" means the part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.

History

RELATES TO: KRS 250.491-250.631
STATUTORY AUTHORITY: KRS 250.571
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571 authorizes the Director of the Agricultural Experiment Station to define terms that serve as reference points in the application of labeling requirements to pet foods and specialty pet foods. This administrative regulation establishes definitions for 12 KAR Chapter 3.
History: 012 KAR 003:007. AES-2(1973)-PF 1; 1 Ky.R. 1001; eff. 6-11-1975; 45 Ky.R. 401; eff. 9-28-2018; Crt eff. 9-11-2025.

12 KAR 3:012 Label format and labeling {#sec-12-kar-3-012 omnilex-key=us-ky-regs-official--title-12--12 KAR 3:012}

Section 1. Definitions.

(1) "All life stages" means gestation or lactation, growth, and adult maintenance life stages for dogs, cats, and other mammals or adult (including breeding animals) and juvenile life stages for non-mammalian species.

(2) "Daily food" means a specialty pet food product, other than a treat, food mixer, or food supplement, for specialty pet species with no recognized nutritional authority.

(3) "Family" means a group of products that are nutritionally adequate for any or all life stages based on the products' nutritional similarity to a lead product that has been successfully test-fed according to an AAFCO feeding protocol.

(4) "Familiar household unit" means a typical feeding unit in volume or count (for example, can, measuring cup, treat, or piece).

(5) "Food mixer" means a pet or specialty pet food product that is intended to top, accompany, or contribute to a complete diet but is not generally intended to be a complete diet.

(6) "Food supplement" means a pet or specialty pet food product that is intended to supply a specific nutrient or nutrients or other food component but is not a complete diet.

(7) "Immediate container":

(a) Means the unit, can, box, tin, bag, or other receptacle or covering in which a pet food or specialty pet food is displayed for sale to retail purchasers; and

(b) Does not mean containers used as shipping containers.

(8) "Ingredient statement" means a collective and contiguous listing on the label of the ingredients of which the pet food or specialty pet food is composed.

(9) "Pet nutrition facts" means a graphic box located on the label containing nutritional information for a pet food product.

(10) "Principal display panel" means the part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.

(11) "Specialty pet nutrition facts" means a graphic box located on the label containing nutritional information for a specialty pet food product.

(12) "Veterinary diet" means a pet or specialty pet food product that is intended to be used under veterinary supervision only.Unless a pet food and specialty pet food is identified on the principal display panel as a stew, gravy, sauce, broth, aspic, juice, milk replacer, or other name, the maximum moisture declared on a pet food or specialty pet food label shall not exceed 78.00% or the natural moisture content of the ingredients, whichever is higher.

Section NaN. Section 2.

Section 3. Pet food and specialty pet food shall be labeled with:

(1) Product name and brand name, if any, on the principal display panel as established in 12 KAR 3:017;

(2) A statement that includes the species name of pet or specialty pet for which the food is intended, conspicuously designated on the principal display panel;

(3) "Quantity statement", as defined by KRS 250.501(22) and as established in 12 KAR 2:011, Section 1(9), by weight (pounds and ounces, and metric), liquid measure (quarts, pints, and fluid ounces, and metric) or by count, on the principal display panel;

(4) Guaranteed analysis as established in 12 KAR 3:022;

(5) Ingredient statement as established in 12 KAR 3:027;

(6) A statement of nutritional adequacy or purpose if required pursuant to 12 KAR 3:039;

(7) A statement of calorie content if required pursuant to 12 KAR 3:042;

(8) Feeding directions if required pursuant to 12 KAR 3:032; and

(9) Name and address of the manufacturer or distributor as established in Sections 10 and 11 of this administrative regulation.

Section 4. If a pet food or specialty pet food enclosed in an outer container or wrapper is intended for retail sale, all required label information shall appear on the outer container or wrapper.

Section 5. A vignette, graphic, or pictorial representation on a pet food or specialty pet food label shall not misrepresent the contents of the package.

Section 6. The word "proven," in connection with a label claim for a pet food or specialty pet food, shall not be used unless the claim is substantiated by scientific or other empirical evidence.

Section 7. A statement shall not appear upon the label or labeling of a pet food or specialty pet food that makes false or misleading comparisons between that product and any other product.

Section 8. A personal or commercial endorsement may be used on a pet food or specialty pet food label if the endorsement is not false or misleading.

Section 9. A statement on a pet food or specialty pet food label stating "improved," "new," or similar designation shall be substantiated and limited to six (6) months of production.

Section 10. A statement on a pet food or specialty pet food label stating preference or comparative attribute claims shall be substantiated and limited to one (1) year production, after which the claim shall be removed or re-substantiated.

Section 11.

(1) Raw milk distributed as pet food or specialty pet food shall bear the following statement "WARNING: NOT FOR HUMAN CONSUMPTION – THIS PRODUCT HAS NOT BEEN PASTEURIZED AND MAY CONTAIN HARMFUL BACTERIA."

(2) This statement shall be displayed in a conspicuous manner and shall not be smaller than the height of the minimum font required by the federal Fair Packaging and Labeling Act 15 U.S.C. 1451-1461, for the quantity statement as shown in the following table:

Section 12. The label of a pet food or specialty pet food shall state the business or corporate name and address of the manufacturer or distributor. This information shall appear under the header "Manufactured for __", or "Distributed by __", or any other wording that expresses the facts, if the business whose name appears on the label is not the manufacturer.

(1) Except as established in subsection (2) of this section, the statement of the place of business shall include the street address, city, state, and zip code.

(2) The street address may be omitted if the street address is shown in a readily accessible, widely published, and publicly available resource, including for example, a printed directory, electronic database, or website,current city directory, or telephone directory for the city listed on the label.

Section 13. If a person manufactures or distributes a pet food or specialty pet food in a place other than the principal place of business, the label may state the principal place of business in lieu of the actual place where each package of the pet food or specialty pet food was manufactured or packaged or from where each package is to be distributed.

Section 14. Pet food and specialty pet food shall be labeled with:

(1) Product name and brand name, if any, on the principal display panel as established in 12 KAR 3:017;

(2) A statement of the intended use of the products as established in 12 KAR 3:017;

(4) Pet Nutrition Fact or Specialty Pet Nutrition Facts as established in 12 KAR 3:022;

(5) Ingredient statement as established in 12 KAR 3:027;

(6) Feeding directions as required pursuant to 12 KAR 3:032; and

(7) Name and address of the manufacturer or distributor as established in Sections 11 and 12 of this administrative regulation.

Section 15. If a pet food or specialty pet food enclosed in an outer container or wrapper is intended for retail sale, all required label information shall appear on the outer container or wrapper.

Section 16. A vignette, graphic, or pictorial representation on a pet food or specialty pet food label shall not misrepresent the contents of the package.

Section 17. The word "proven," in connection with a label claim for a pet food or specialty pet food, shall not be used unless the claim is substantiated by scientific or other empirical evidence.

Section 18. A statement shall not appear upon the label or labeling of a pet food or specialty pet food that makes false or misleading comparisons between that product and any other product.

Section 19. A personal or commercial endorsement may be used on a pet food or specialty pet food label if the endorsement is not false or misleading.

Section 20. A statement on a pet food or specialty pet food label stating "improved," "new," or similar designation shall be substantiated and limited to six (6) months of production.

Section 21. A statement on a pet food or specialty pet food label stating preference or comparative attribute claims shall be substantiated and limited to one (1) year production, after which the claim shall be removed or re-substantiated.

Section 22.

(2) This statement shall be displayed in a conspicuous manner and shall not be smaller than the height of the minimum font required by the federal Fair Packaging and Labeling Act, 15 U.S.C. 1451-1461, for the quantity statement as shown in the following table:

Section 23. The label of a pet food or specialty pet food shall state the business or corporate name and address of the manufacturer or distributor. This information shall appear under the header "Manufactured for __", or "Distributed by __", or any other wording that expresses the facts, if the business whose name appears on the label is not the manufacturer.

(1) Except as established in subsection (2) of this section, the statement of the place of business shall include the street address, city, state, and zip code.

Section 24. If a person manufactures, packs, or distributes a pet food or specialty pet food in a place other than the principal place of business, the label may state the principal place of business in lieu of the actual place where each package of the pet food or specialty pet food was manufactured or packaged or from where each package is to be distributed.

Section 24. Incorporation by Reference.

(1) "Official Publication", (2025 Edition), Association of American Feed Control Officials, is incorporated by reference for Sections 1 and 13 through 23.

History

RELATES TO: KRS 250.501, 250.521, 15 U.S.C. 1451-1461
STATUTORY AUTHORITY: KRS 250.521(2)(e), (f), 250.571
CERTIFICATION STATEMENT: This certifies that this administrative regulation complies with the requirements of 2025 RS HB 6, Section 8.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for the efficient enforcement of KRS 250.491 to 250.631. KRS 250.521 requires that pet foods be labeled and establishes the information that shall be stated on the label. This administrative regulation establishes a uniform format for labeling information for pet foods and specialty pet foods and delineates criteria for product claims.
History: 012 KAR 003:012. AES-2(1973)-PF 2; 1 Ky.R. 1001; eff. 6-11-1975; 23 Ky.R. 1613; eff. 1-10-1997; 25 Ky.R. 1088, 2359; eff. 4-14-1999; 45 Ky.R. 109, 628; eff. 9-28-2018; Crt to Am; filed Am 9-11-2025; 52 Ky.R. 582, 1344, 1666; eff. 6-30-2026.

12 KAR 3:017 Brand and product names {#sec-12-kar-3-017 omnilex-key=us-ky-regs-official--title-12--12 KAR 3:017}

Section 1. The words "100%", "all", or words of similar designation shall not be used in the brand or product name of a pet food or specialty pet food if the product contains more than one (1) ingredient, not including water sufficient for processing, decharacterizing agents, or trace amounts of preservatives and condiments.

Section 2. An ingredient or combination of ingredients may form part of a product name of a pet food or specialty pet food:

(1) If the ingredients constitute at least ninety-five (95) percent of the total weight of the product. Water sufficient for processing may be excluded when calculating the percentage; however, the ingredients shall constitute at least seventy (70) percent of the total product weight;

(2) If any ingredient constitutes at least twenty-five (25) percent of the weight of the product, if:

(a) Water sufficient for processing may be excluded when calculating the percentage, however, the ingredients shall constitute at least ten (10) percent of the total product weight; and

(b) A descriptor is used with the ingredient names. This descriptor shall imply other ingredients are included in the product formula.

Examples of descriptors include "dinner", "platter", "entrée", "formula", and "recipe".
The descriptor shall be in the same size, style, and color print as the ingredient names; or

(3) If a combination of ingredients, which are included in the product name in accordance with this section, complies with paragraphs (a) through (c) of this subsection.

(a) Each ingredient shall constitute at least three (3) percent of the product weight, excluding water sufficient for processing.

(b) The names of the ingredients shall appear in the order of their respective predominance by weight in the product.

Section 3.

(1) If the name of any ingredient appears in the product name of a pet food, specialty pet food, or elsewhere on the product label and includes a descriptor such as "with" or similar designation, the named ingredients shall each constitute at least three (3) percent of the product weight exclusive of water for processing.

(2) If the names of more than one (1) ingredient are shown, each named ingredient shall appear in order of predominance by weight in the product.

(3) The three (3) percent minimum level shall not apply to claims for nutrients, such as vitamins, minerals, and fatty acids, as well as condiments.

(4) The word "with" or similar designation, and named ingredients shall be in the same size, style, color, and case print and be of no greater size than:

Section 4. A flavor designation may be included as part of the product name or elsewhere on the label of a pet food or specialty pet food if:

(1) The flavor designation:

(a) Conforms to the name of the ingredient as listed in the ingredient statement; or

(b) Is identified by the source of the flavor in the ingredient statement;

(2) The word "flavor" is printed in the same size type and with an equal degree of conspicuousness as the name of the flavor designation; and

(3) Substantiation of the flavor designation, the flavor claim, or the ingredient source is provided to the Division of Regulatory Services upon request.

Section 5. The product name of the pet food or specialty pet food shall not be derived from one (1) or more ingredients unless all ingredients are included in the name, except as established in Section 2 or 3 of this administrative regulation. The name of an ingredient or combination of ingredients may be used as a part of the product name if:

(1) The ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product or is present in amounts that have a material bearing upon the price of the product or upon acceptance of the product by the purchaser; or

(2) The name does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients.

Section 6. Contractions or coined names referring to ingredients shall not be used in the brand name of a pet food or specialty pet food unless it is in compliance with Section 2, 3, or 4 of this administrative regulation.

Section 7.

(1) If pet food or specialty pet food consists of raw milk, the words, "Raw (blank) Milk" shall appear conspicuously on the principal display panel.

(2) The (blank) shall be completed by using the species of animal from which the raw milk is collected.

History

RELATES TO: KRS 250.501, 250.521, 250.531
STATUTORY AUTHORITY: KRS 250.571(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for efficient enforcement of KRS 250.491 to 250.631. This administrative regulation establishes the conditions for use of a brand or product name.
History: 012 KAR 003:017. AES-2(1973)-PF 3; 1 Ky.R. 1002; eff. 6-11-1975; 23 Ky.R. 1615; eff. 1-10-1997; 25 Ky.R. 1090; 2361; eff. 4-14-1999; 45 Ky.R. 112, 330; eff. 9-28-2018; Crt to Am; filed Am 9-11-2025.

12 KAR 3:022 Expression of guarantees {#sec-12-kar-3-022 omnilex-key=us-ky-regs-official--title-12--12 KAR 3:022}

Section 1. The "Guaranteed Analysis" shall be listed in the following order and format unless otherwise established in 12 KAR Chapter 3:

(1) A pet food or specialty pet food label shall list the following required guarantees;

(a) Minimum percentage of crude protein;

(b) Minimum percentage of crude fat;

(d) Maximum percentage of crude fiber;

(e) Maximum percentage of moisture; and

(f) Additional guarantees, if applicable, shall follow moisture;

(2) If ash is listed in the guaranteed analysis on a pet food or specialty pet food label, ash shall be guaranteed as a maximum percentage and shall immediately follow moisture;

(3) If listed on the label of a dog or cat food product, guarantees for dietary starch and sugars shall be stated as maximum percentages. Neither guarantee shall be listed without the other. The guarantee for dietary starch shall follow ash, if also listed, or moisture, if ash is not listed. The guarantee for sugars shall follow dietary starch;

(4) A dog or cat food label shall list other required or voluntary guarantees in the same order and units of the nutrients in the Association of American Feed Control Officials (AAFCO), incorporated by reference in 12 KAR 3:012, Dog (or Cat) Food Nutrient Profiles. Guarantees for substances not listed in the AAFCO Dog (or Cat) Food Nutrient Profiles, or not otherwise provided for in 12 KAR Chapter 3, shall immediately follow the listing of the recognized nutrients and shall be accompanied by an asterisk referring to the disclaimer "not recognized as an essential nutrient by the AAFCO Dog (or Cat) Food Nutrient Profiles." The disclaimer shall appear immediately after the last guarantee in the same size type as the guarantees; and

(5)

(a) Except as established in paragraph (b) of this subsection, a specialty pet food label shall list other required or voluntary guarantees in the same order and units for the nutrients in an AAFCO-recognized nutrient profile for the specific species.

(b) If no species-specific AAFCO-recognized nutrient profile is available, the order and units shall follow the same order and units of nutrients in the AAFCO Cat Food Nutrient Profile.

(c) Guarantees for substances not listed in an AAFCO recognized nutrient profile for the specific species of animal shall immediately follow the listing of recognized nutrients and shall be accompanied by an asterisk referring to the disclaimer "not recognized as an essential nutrient by the _________." The blank shall be completed by listing the specific AAFCO recognized nutrient profile. This disclaimer shall appear immediately after the last guarantee in the same size type as the guarantees. The disclaimer shall not be required unless an AAFCO-recognized nutrient profile is available for the specific species of specialty pet.

Section 2. The sliding scale method of expressing a guaranteed analysis on a pet food or specialty pet food label (for example, "Minimum crude protein 15-18%") shall not be used.

Section 3. The label of a pet food or a specialty pet food that is formulated as and represented to be a mineral supplement shall include:

(1)

(a) Minimum guarantees for all minerals from sources declared in the ingredient statement and established by an AAFCO-recognized nutrient profile, expressed as the element in units stated in the nutrient profile; or

(b) Minimum guarantees for all minerals from sources declared in the ingredient statement expressed as the element in units stated in the AAFCO Cat Food Nutrient Profiles if a species-specific nutrient profile has not been recognized by AAFCO;

(2) Mineral guarantees required by subsection (1) of this section shall be expressed in milligrams (mg) per unit (for example, tablets, capsules, granules, or liquids) consistent with those stated in the quantity statement and directions for use; and

(3) A weight equivalent (for example, 1 fl. oz. = 28 grams) for liquid products.

Section 4. The label of a pet food or a specialty pet food that is formulated as and represented to be a vitamin supplement shall include:

(1)

(a) Minimum guarantees for all vitamins from sources declared in the ingredient statement and established by an AAFCO-recognized nutrient profile, expressed in units stated in the nutrient profile; or

(b) Minimum guarantees for all vitamins from sources declared in the ingredient statement expressed in units stated in the AAFCO Cat Food Nutrient Profiles if a species-specific nutrient profile has not been recognized by AAFCO;

(2) Vitamin guarantees required by subsection (1) of this section shall be expressed in approved units (for example, IU, mg, or g) per unit (for example, tablets, capsules, granules, or liquids) consistent with those stated in the quantity statement and directions for use; and

(3) A weight equivalent (for example, 1 fl. oz. = 28 grams) for liquid products.

Section 5. If the label of a pet food or specialty pet food includes a comparison of the nutrient content of the food with levels established by an AAFCO-recognized nutrient profile, such as a table of comparison, a percentage, or any other designation referring to an individual nutrient or all of the nutrient levels, the following shall apply:

(1) The product shall meet the AAFCO-recognized nutrient profile;

(2)

(a) Except as established in paragraph (b) of this subsection, the statement of comparison shall be preceded by a statement that the product meets the AAFCO-recognized profile.

(b) The statement that the product meets the AAFCO-recognized nutrient profile shall not be required if the nutritional adequacy statement as established in 12 KAR 3:039, Section 1(1) or Section 2(2)(a) appears elsewhere on the product label;

(3) The statement of comparison of the nutrient content shall constitute a guarantee, but need not be repeated in the guaranteed analysis; and

(4) The statement of comparison may appear on the label separate and apart from the guaranteed analysis.

Section 6.

(1) Except as established in subsection (2) of this section, the maximum moisture declared on a pet food or specialty pet food label shall not exceed seventy-eight (78) percent or the natural moisture content of the ingredients, whichever is higher.

(2) Pet food and specialty pet food such as those consisting principally of stew, gravy, sauce, broth, aspic, juice, or a milk replacer, and that are so labeled, may contain moisture in excess of seventy-eight (78) percent.

Section 7. Guarantees for crude protein, crude fat, and crude fiber shall not be required if the pet food or specialty pet food is intended for purposes other than to provide these substances or if these substances are of minor significance relative to the primary purpose of the product, such as a mineral or vitamin supplement.

Section 8. Guarantees for microorganisms and enzymes shall be stated in the format as established in 12 KAR 2:021, Sections 7 and 8.

Section 9. The requirements established in in Sections 1 through 8 of this administrative regulation shall remain in effect until June 30, 2030.

Section 10. Pet Nutrition Facts shall be displayed in a prominent place on the label of all pet foods (including treats, food supplements, veterinary diets, and food mixers), but not necessarily on the principal display panel. The information shall be set off in a box by use of hairlines and shall be all black or one (1) color type, printed on a white or other neutral contrasting background so as to be clearly visible under the heading "Pet Nutrition Facts," which shall be centered in the top row of the box and twice the size of all other text in the box. A hairline rule that is centered between the lines of text shall separate "Pet Nutrition Facts" from the next line of text. The box shall contain the following required elements with all text the same size and style in the following order:

(1) The stated whole familiar household unit (for example, can, measuring cup, treat, or piece), consistent with the feeding directions, and the product's weight in grams shall be right justified. This shall be set off by a bold line centered between this and the next line of text;

(2) A statement of Calorie content, determined as established in KAR 12 3:042, shall include the following:

(a) The calorie content of the product shall be stated after the left justified heading:

"Calories per familiar household unit" if the calorie content is determined in accordance with KAR 12 3:042, Section 1(1); or
"Calories per familiar household unit" if the calorie content is determined in accordance with KAR 12 3:042, Section 1(2); and

(b) Below the calorie content statement, the number of calories contributed by protein, fat, and carbohydrate shall be declared, in that order, after "From:". The "From:" line shall be indented to reflect that it is a component of the total calories on the line above. If the total Calorie content of the product is determined by feeding trial in accordance with KAR 12 3:042, Section 1(2), then ME (kcal/kg) shall be declared immediately after the number of calories from carbohydrates. The determination of calories from protein, fat, and carbohydrate are as established in KAR 12 3:042, Section 1(2). This shall be set off by a bold line centered between this and the next line of text;

(3) The nutrient guarantees shall appear under the headers "Nutrients," which shall be left justified to the edge of the box, "Guaranteed," which shall be right justified to a vertical hairline that runs from this line of text to the last guaranteed nutrient value, and "per {familiar household unit,}" which shall be right justified to the edge of the box. The amount "per {familiar household unit}" for each nutrient shall be determined by multiplying the guaranteed amount (concentration) by the number of grams in the familiar household unit and shall include the resultant unit of the amount (for example, grams, milligrams, or international units). The guarantees shall be listed in the following order with a hairline centered between each line of text:

(a) A pet food label shall list the following required guaranteed amounts, stated as a maximum or minimum, as appropriate:

"Protein" is minimum percentage of crude protein;
"Fat" is minimum percentage of crude fat;
"Total carbohydrate†" is maximum percentage equal to {100 – (crude protein + crude fat + moisture + ash)};
"Dietary fiber" is maximum percentage of total dietary fiber. The dietary fiber guarantee shall be indented to reflect that it is a component of the total carbohydrate guarantee on the line above;
"Moisture" is maximum percentage of moisture;
Maximum percentage of crude fat ("fat") shall be listed between the minimum percentage of crude fat and the maximum percentage "total carbohydrate," if required by KAR 12 3:042; and
Additional required or voluntary guarantees shall follow moisture or ash, if listed;

(b) If "ash" is listed, it shall be guaranteed as a maximum percentage and shall immediately follow moisture;

(c) If listed on the label of a dog or cat food product, guarantees for "dietary starch" and "sugars" shall be stated as maximum guaranteed amounts. Neither guaranteed amount shall be listed without the other. The guaranteed amount for dietary starch shall follow dietary fiber with the same indentation. The guaranteed amount for sugars shall follow dietary starch with the same indentation;

(d) The "calculated value" shall appear immediately after the last guarantee below a bold line;

(e) Other additional required or voluntary guarantees shall appear in accordance with the following:

Guarantees for nutrients shall be in the same order and units of the nutrients in the AAFCO Dog (or Cat) Food Nutrient Profiles following ash, if also listed, or moisture, if ash is not listed; and
Guarantees for substances not listed in the AAFCO Dog (or Cat) Food Nutrient Profiles, or not otherwise provided for in 12 KAR Chapter 3, shall immediately follow the listing of the recognized nutrients and be accompanied by an asterisk.

a. For any of these guarantees, a hairline shall be centered between the last and the next line of text; and

b. The disclaimer "*not recognized as an essential nutrient by the AAFCO Dog {or Cat} Food Nutrient Profiles" shall appear immediately after "†calculated value"; and[.]

(f) The statement of nutritional adequacy shall appear immediately below the bold line separating it from the disclaimers that follow the guarantees:

A statement that the dog or cat food meets the requirements of one (1) or more of the recognized categories of nutritional adequacy: gestation/lactation, growth, maintenance, and all life stages. It shall be stated verbatim as one (1) of the following:

a. "(Name of product) is formulated to meet the nutritional levels established by the AAFCO Dog (or Cat) Food Nutrient Profiles for ." (Blank is to be completed by using the stage or stages of the pet's life, such as gestation/ lactation, growth, maintenance, or the words "All Life Stages".) For a dog food, if the blank includes the words "Growth" or "All Life Stages," one (1) of the following phrases shall also be added verbatim to the end of the claim:

(i) "Including growth of large size dogs (70 lb. or more as an adult)" if the product has been formulated to meet the levels of nutrients specifically referenced in the Dog Food Nutrient Profiles as being applicable to large size growing dogs; or

(ii) "Except for growth of large size dogs (70 lb. or more as an adult)" if the product has not been formulated to meet the levels of nutrients specifically referenced in the Dog Food Nutrient Profiles as being applicable to large size growing dogs;

b. "Animal feeding tests using AAFCO procedures substantiate that (Name of Product) provides complete and balanced nutrition for" (Blank is to be completed by using the stage or stages of the pet's life tested, such as, gestation/lactation, growth, maintenance, or the words "All Life Stages"); or

c. "(Name of Product) provides complete and balanced nutrition for (Blank is to be completed by using the stage or stages of the pet's life, such as gestation, lactation, growth, maintenance, or the words "All Life Stages") and is comparable in nutritional adequacy to a product that has been substantiated using AAFCO feeding tests";

A nutritional or dietary statement for purposes other than those listed in 12 KAR 3:039, Sections 2 and 3 if the statement is scientifically substantiated; or
The statement: "This product is intended for intermittent or supplemental feeding only," if a product does not meet the requirements of 12 KAR 3:039, Sections 2 or 3 or any other special nutritional or dietary need and so is suitable only for limited or intermittent or supplementary feeding.

Section 11. Specialty Pet Nutrition Facts shall be displayed in a prominent place on the label of all specialty pet foods (including treats, food supplements, veterinary diets, and food mixers), but not necessarily on the principal display panel. The information shall be set off in a box by use of hairlines and shall be all black or one (1) color type, printed on a white or other neutral contrasting background so as to be clearly visible under the heading "Specialty Pet Nutrition Facts," which shall be centered in the top row of the box and twice the size of all other text in the box. A hairline rule that is centered between the lines of text shall separate "Specialty Pet Nutrition Facts" from the next line of text. The box shall contain the following required elements with all text the same size and style in the following order:

(2) The nutrient guarantees shall appear under the headers "Nutrients," which shall be left justified to the edge of the box, "Guaranteed," which shall be right justified to a vertical hairline that runs from this line of text to the last guaranteed nutrient values, and "per {familiar household unit,}" which shall be right justified to the edge of the box. The amount "per {familiar household unit}" for each nutrient is determined by multiplying the guaranteed amount (concentration) by the number of grams in the familiar household unit and shall include the resultant unit of the amount (for example, grams, milligrams, or international units). The guarantees shall be listed in the following order with a hairline centered between each line of text:

(a) A specialty pet food label shall list the following required guaranteed amounts, stated as a maximum or minimum, as appropriate:

"Protein" is minimum percentage of crude protein;
"Fat" is minimum percentage of crude fat;
"Total Carbohydrate†" is maximum percentage equal to {100 – (Crude Protein + Crude Fat + Moisture + Ash)};
"Dietary fiber" is maximum percentage of total dietary fiber. The dietary fiber guarantee shall be indented to reflect that it is a component of the total carbohydrate guarantee on the line above;
"Moisture" is maximum percentage of moisture; and
Additional required or voluntary guarantees shall follow moisture or ash, if listed;

(b) If "ash" is listed, it shall be guaranteed as a maximum percentage and shall immediately follow moisture;

(c) If listed on the label of a specialty pet food product, guarantees for "dietary starch" and "sugars" shall be stated as maximum guaranteed amounts. Neither guaranteed amount shall be listed without the other. The guaranteed amount for dietary starch shall follow dietary fiber with the same indentation. The guaranteed amount for sugars shall follow dietary starch with the same indentation;

(d) The "†calculated value" shall appear immediately after the last guarantee below a bold line;

(e) Other additional required or voluntary guarantees shall appear in accordance with the following:

These guarantees shall follow ash, if also listed, or moisture, if ash is not listed;
Guarantees for nutrients shall be in the same order and units of the nutrients in an AAFCO-recognized nutrient profile for the intended animal species except, if no species-specific AAFCO-recognized nutrient profile is available, the order and units shall follow the same order and units of nutrients in the AAFCO Cat Food Nutrient Profile; and
For those specialty pet species with an AAFCO-recognized nutrient profile for the intended animal species, guarantees for substances not listed in that profile, or not otherwise provided for in 12 KAR Chapter 3, shall immediately follow the listing of the recognized nutrients and be accompanied by an asterisk.

a. For any such guarantees, a hairline shall be centered between the last and the next line of text.

b. The disclaimer "*not recognized as an essential nutrient by the" (Blank shall be completed by listing the specific AAFCO-recognized nutrient profile) shall appear immediately after the last guaranteed amounts.

c. A disclaimer shall not appear unless an AAFCO- recognized nutrient profile is available for the specific species of specialty pet; and

(f) The statement of nutritional adequacy shall appear immediately below the bold line separating it from the guarantees as one (1) of the following:

For daily foods for those specialty pet species where no recognized nutritional authority exists, the statement: "This product is intended to be a daily food";
For all other specialty pet foods:

a. A statement substantiating that the specialty pet food meets the requirements for nutritional adequacy in 12 KAR 3.039: Section 2 or 3 by an AAFCO-recognized nutritional authority. It shall be stated verbatim as the following: "(Name of product) is formulated to meet the nutritional levels established by (the AAFCO-recognized authority for)." (Blank shall be completed by stating the species and the stage or stages of the specialty pet's life);

b. A nutritional or dietary claim for purposes other than those listed in 12 KAR 3.039, Section 2 or 3 if the claim is scientifically substantiated; or

c. The statement: "This product is intended for intermittent or supplemental feeding only," if a product is suitable only for limited or intermittent or supplementary feeding.

Section 12. The Pet Nutrition Facts or Specialty Pet Nutrition Facts box of a pet food or a specialty pet food that is formulated as and represented to be a food supplement shall include all of the information required in Section 1 or 2 of this regulation except that guarantees shall only be displayed on a per feeding unit (for example, tablets, capsules, granules, or liquids) basis:

(1) For a food supplement that is intended to be a source of nutrients, guarantees shall appear for all nutrients that the product is intended to provide under the headers "nutrients," which shall be left justified to the edge of the box and "per (feeding unit,)" which shall be right justified to the edge of the box:

(a)

For nutrients with an established requirement by an AAFCO- recognized nutrient profile, minimum guarantees shall be declared in the same order and units (for example,, g, mg, or IU) specified in the AAFCO- recognized nutrient profile for the intended species; or
If a species-specific nutrient profile has not been recognized by AAFCO, minimum guarantees shall be declared in the same order and units (for example, g, mg, or IU) specified in the AAFCO Cat Food Nutrient Profiles; and

(b) Guarantees for substances not listed in an AAFCO-recognized nutrient profile for the intended animal species, or not otherwise provided for in 12 KAR Chapter 3, shall immediately follow the listing of the recognized nutrients and be accompanied by an asterisk.

For any of these guarantees, a hairline shall be centered between the last and the next line of text; and
The disclaimer "*not recognized as an essential nutrient by the" (Blank shall be completed by listing the specific AAFCO- recognized nutrient profile) shall appear immediately after the last guaranteed amounts. A disclaimer shall not appear unless an AAFCO-recognized nutrient profile is available for the specific species of specialty pet; and

(2) For a food supplement that is intended to supply microorganisms or enzymes, guarantees shall be declared as established in 12 KAR 3.039, Section 7 or 8 on a per feeding unit (for example, tablets, capsules, granules, or liquids) basis. The enzyme activity unit meaning shall follow the disclaimer within the box.

Section 13. The sliding scale method of expressing a guaranteed amount on a pet food or specialty pet food label (for example, "Protein 15–18% Min") shall be prohibited.

Section 14. Protein, fat, calculated total carbohydrate, or dietary fiber shall not be required if the pet food or specialty pet food is intended for purposes other than to provide these substances or if the substances are of minor significance relative to the primary purpose of the product, such as a mineral or vitamin supplement.

Section 15. For small packages with a total printable area of more than twelve (12) square inches and less than or equal to forty (40) square inches, all information required in Section 1, 2, or 3 of this administrative regulation shall appear, but may appear in a linear format. This information shall appear in one (1) place without other intervening material. In the linear format, the required information shall:

(1) Appear in the same order as required by Section 1, 2, or 3 of this administrative regulation but without the formatting described;

(2) Text shall be all black or one (1) color type, and all text shall be the same size and style, except that the heading "Pet Nutrition Facts" or "Specialty Pet Nutrition Facts" shall be bolded;

(3) The text shall be sufficiently large so as to be conspicuous and shall not be smaller than 1/16 inch;

(4) The guaranteed amount shall appear immediately after the amount "per {familiar household unit}" for each nutrient with the guaranteed amount enclosed in parentheses, and all units shall be clearly identified; and

(5) The following abbreviations may be used: total carbohydrate as "Carb†," dietary fiber as "Fiber".

Section 16. For very small packages with a total printable area of less than or equal to twelve (12) square inches, the information required in this administrative regulation shall not be required to appear on the label. All information required in this administrative regulation for the particular product type shall be determined and shall be submitted to the {regulatory authority} upon request. The following limited information shall be required to appear on the label:

(1) This information shall appear in one (1) place without other intervening material;

(2) Text shall be all black or one (1) color type, and all text shall be the same size and style, except that the heading "Nutrition Facts" shall be bolded;

(3) The text shall be sufficiently large so as to be conspicuous and shall not be smaller than 1/16 inch;

(4) For pet foods, only total calories shall be required and shall be stated as:

(a) "Cal (calc): {#}"if the calorie content is determined in accordance with 12 KAR 3.042, Section 1(1); or

(b) "Cal (fed): {#}"if the calorie content is determined in accordance with 12 KAR 3.042, Section 1(2); and

(5) Guaranteed amounts shall be stated in weight per entire contents (for example, grams per pouch). The following required guaranteed amounts stated as a maximum or minimum, as appropriate:

(a) "Protein" is crude protein;

(b) "Fat" is crude fat;

(d) % Moisture + % Ash)};

(e) "Fiber" is total dietary fiber;

(f) "Moisture" is moisture; and

(g) Additional required or voluntary guarantees shall follow moisture or ash, if listed, and shall comply with the requirements for guarantees in Section 1(3) or Section 2(2) of this administrative regulation, as appropriate, except that they shall be stated in only in weight per entire contents.

History

RELATES TO: KRS 250.501, 250.521
STATUTORY AUTHORITY: KRS 250.521(1)(b), 250.571(1)
CERTIFICATION STATEMENT: This certifies that this administrative regulation complies with the requirements of 2025 RS HB 6, Section 8.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for efficient enforcement of KRS 259.491 to 250.631. KRS 250.521(1)(b) requires that a commercial feed label contain a guaranteed analysis that advises the purchaser of the composition of the feed or to support claims made in the labeling. This administrative regulation establishes a uniform format for expressing guarantees for pet foods and specialty pet foods.
History: 012 KAR 003:022. AES-2(1973)-PF 4; 1 Ky.R. 1002; eff. 6-11-1975; 23 Ky.R. 1616; eff. 1-10-1997; 25 Ky.R. 898; 2362; eff. 4-14-1999; 45 Ky.R. 114, 631; eff. 9-28-2018; Crt to Am; filed Am 9-11-2025; 52 Ky.R. 584, 1347, 1668; eff. 6-30-2026.

12 KAR 3:027 Ingredients {#sec-12-kar-3-027 omnilex-key=us-ky-regs-official--title-12--12 KAR 3:027}

Section 1. Each ingredient of a pet food or specialty pet food shall be listed in the ingredient statement as established in subsections (1) through (4) of this section.

(1) The names of all ingredients in the ingredient statement shall be shown in letters or type of the same size, style, and color, unless the defined name of the ingredient includes genus and species, (for example, microorganisms) which may be shown in italics.

(2) The ingredients shall be listed in descending order by their predominance by weight in non-quantitative terms, unless the ingredient is a vitamin and, if applicable, mineral premix, in which case the premix may be declared in order of predominance by the name "vitamins" or "minerals," as appropriate, followed by a parenthetical listing of all the vitamins and, if applicable, minerals in the premix, each in their order of predominance by weight as listed on the ingredient statement of the premix label.

(3) Ingredients shall be listed and identified by the name and definition established by the Association of American Feed Control Officials (AAFCO) Official Common or Usual Names and Definitions of Feed Ingredients, incorporated by reference in 12 KAR 3:012, unless the ingredient is not included in the AAFCO ingredient name list, in which case the ingredient shall be identified by the common or usual name;

(4) Any ingredient suitable for use in pet food or specialty pet food for which there is a codified standard of identity in Title 9 or 21 of the Code of Federal Regulations shall be declared in accordance with the applicable federal regulation, which shall include the name of the standardized food followed by a parenthetical listing of its ingredients, if necessary, as established in the federal regulation;

(5) The ingredients "meat," "poultry," "poultry by-products," or "meat by-products" shall be qualified to designate the animal from which the ingredients are derived unless the meat or meat by-products are derived from cattle, swine, sheep, goats, or any combination thereof, the poultry or poultry meal derived from chickens, turkeys, ducks, geese, guineas, ratites, or squabs; or any combination thereof. For example, ingredients derived from deer shall be listed as "venison" or "venison by-products."

(6) For ingredients consisting of fish, "fish meal," or "fish by-products," the name of the ingredient may include "fish" without further specification of the type of the fish or if the fish bears a name descriptive of its kind (for example, "ocean whitefish" or by using the acceptable market name or names or common name (but not any vernacular or slang names) of the individual fish species in the ingredient as established by the FDA Seafood List), it shall correspond thereto.

(7) For purposes of ingredient labeling of pet food or specialty pet food, the ingredient "sugar" shall refer to sucrose, which shall be obtained from sugar cane or sugar beets in accordance with the provisions in Title 21 of the Code of Federal Regulations. For all other labeling purposes outside the ingredient list, the term "sugar" shall be synonymous with "sugars" as defined in the Official Feed Terms.

Section 2.

(1) Brand or trade names shall not be used in the ingredient statement.

(2) Reference to quality or grade of the ingredient shall not appear in the ingredient statement.

Section 3. If properly used as established by the USDA National Organic Program (7 C.F.R. Part 205), the term "organic" shall not apply to Section 3 of this administrative regulation.

Section 4. A reference to the nature, form, or other attribute of an ingredient may be included in the ingredient statement if that attribute imparts a distinctive characteristic to the pet food or specialty pet food.

Section 5. Any reference to the percentage or combination of ingredients, by symbol or word, in the brand or product name or elsewhere on a pet food or specialty pet food, shall be based in relation to the total weight of all ingredients in the product.

(1) The names of the ingredient or ingredients shall appear in order of predominance by weight in the product, and the names of flavors due to their varying intensity may be in any order.

(2) If water sufficient for processing is excluded from the declared percentage, the exclusion of water shall be indicated in words juxtaposed to, the same style and color print, and at least one-half the print size of the stated percentage (for example, "95% beef exclusive of water" or "95 percent chicken and liver exclusive of water").[]

History

RELATES TO: KRS 250.501, 250.521, 7 C.F.R. Part 205, C.F.R. Title 9, 21
STATUTORY AUTHORITY: KRS 250.521(1)(c), 250.571(1)
CERTIFICATION STATEMENT: This certifies that this administrative regulation complies with the requirements of 2025 RS HB 6, Section 8.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for efficient enforcement of KRS 250.491 to 250.631. KRS 250.521(1)(c) requires that a commercial feed label list the common or usual name of each ingredient used in the manufacture of a commercial feed, unless the director promulgates an administrative regulation permitting the use of a collective term for a group of ingredients. This administrative regulation establishes the required format for listing ingredients on the label of pet foods and specialty pet foods.
History: 012 KAR 003:027. AES-2(1973)-PF 5; 1 Ky.R. 1003; eff. 6-11-1975; 23 Ky.R. 1617; eff. 1-10-1997; 25 Ky.R. 899; 2363; eff. 4-14-1999; 45 Ky.R. 114, 631; eff. 9-28-2018; Crt to Am; filed Am 9-11-2025; 52 Ky.R. 586, 1351; eff. 6-30-2026.

12 KAR 3:028 Descriptive terms {#sec-12-kar-3-028 omnilex-key=us-ky-regs-official--title-12--12 KAR 3:028}

Section 1. Calorie Terms.

(1) "Light."

(a) A dog food product that states on its label the terms "light," "lite," "low calorie," or words of similar designation shall:

Contain no more than 3100 kcal ME/kg for products containing less than twenty (20) percent moisture, no more than 2500 kcal ME/kg for products containing twenty (20) percent or more but less than sixty-five (65) percent moisture, and no more than 900 kcal ME/kg for products containing sixty-five (65) percent or more moisture;and
Include on the label feeding directions that reflect a reduction in calorie intake consistent with the intended use.

(b) A cat food product that states on its label the terms "light," "lite," "low calorie," or words of similar designation shall:

Contain no more than 3250 kcal ME/kg for products containing less than twenty (20) percent moisture, no more than 2650 kcal ME/kg for products containing twenty (20) percent or more but less than sixty-five (65) percent moisture, and no more than 950 kcal ME/kg for products containing sixty-five (65) percent or more moisture ;and
Include on the label feeding directions that reflect a reduction in calorie intake consistent with the intended use.

(2) "Less" or "reduced calories."

(a) A dog or cat food product that states on its label a claim of "less calories," "reduced calories," or words of similar designation, shall include on the label:

The name of the product of comparison and the percentage of calorie reduction (expressed on equal weight basis) explicitly stated and juxtaposed with the largest or more prominent use of the claim on each panel of the label on which the term appears;
The comparative statement printed in type of the same color and style and at least one-half the type size used in the claim; and
Feeding directions that reflect a reduction in calories compared to feeding directions for the product of comparison.

(b) A comparison between products in different categories of moisture content (for example, less than twenty (20) percent, twenty (20) percent or more but less than sixty-five (65) percent, sixty-five (65) percent or more) shall be considered misleading.

Section 2. Fat Terms.

(1) "Lean."

(a) A dog food product that states on its label the terms "lean," "low fat," or words of similar designation shall:

Contain no more than nine (9) percent crude fat for products containing less than twenty (20) percent moisture, no more than seven (7) percent crude fat for products containing twenty (20) percent or more but less than sixty-five (65) percent moisture, and no more than four (4) percent crude fat for products containing sixty-five (65) percent or more moisture; and
Include on the product label in the nutrient guarantees:

a. A maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as established in (12 KAR 3:022, Section 1(1); and

b. A maximum crude fat guarantee that is no more than nine (9) percent crude fat for products containing less than twenty (20) percent moisture, no more than seven (7) percent crude fat for products containing twenty (20) percent or more but less than sixty-five (65) percent moisture, and no more than four (4) percent crude fat for products containing sixty-five (65) percent or more moisture.

(b) A cat food product that states on its label the terms "lean," "low fat," or words of similar designation shall:

Contain a maximum percentage of crude fat that is no more than ten (10) percent crude fat for products containing less than twenty (20) percent moisture, no more than eight (8) percent crude fat for products containing twenty (20) percent or more but less than sixty-five (65) percent moisture, and no more than five (5) percent crude fat for products containing sixty-five (65) percent or more moisture; and
Include on the product label in the Guaranteed Analysis:

a. A maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as established in 12 KAR 3:022, Section 1(1); and

b. A maximum crude fat guarantee that is no more than ten (10) percent crude fat for products containing less than twenty (20) percent moisture, no more than eight (8) percent crude fat for products containing twenty (20) percent or more but less than sixty-five (65) percent moisture, and no more than five (5) percent crude fat for products containing sixty-five (65) percent or more moisture.

(2) "Less" or "Reduced Fat."

(a) A dog or cat food product that states on its label a claim of "less fat," "reduced fat," or words of similar designation, shall include on the label:

The name of the product of comparison and the percentage of fat reduction (expressed on an equal weight basis) explicitly stated and juxtaposed with the largest or most prominent use of the claim on each panel of the label on which the term appears;
The comparative statement printed in type of the same color and style and at least one-half the type size used in the claim; and
A maximum crude fat guarantee in the Guaranteed Analysis immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as established in 12 KAR 3:022, Section 1(1).

(b) A comparison on the label between products in different categories of moisture content (for example, less than twenty (20) percent, twenty (20) percent or more but less than sixty-five (65) percent, sixty-five (65) percent or more) shall be considered misleading.

Section 3. Carbohydrate Terms.

(1) "Low" carbohydrate, dietary starch, and sugars claims. A claim of "low carbohydrates," "low dietary starch," "low sugars," or a combination thereof shall be prohibited.

(2) "Less" or "reduced" carbohydrates, dietary starch, and sugars claims.

(a) A dog or cat food product that bears on its label a claim of "less _____" or "reduced _____" (the blank shall be completed by using "carbohydrates," "dietary starch," or "sugars") or words of similar designation, shall include on the label:

The name of the product of comparison and the percentage of reduction in total dietary starch plus sugars (expressed on an equal weight basis) explicitly stated and juxtaposed with the largest or most prominent use of the claim on each panel of the label on which the term appears;
The comparative statement printed in type of the same color and style and not less than one-half the size used in the claim; and
Maximum guarantees for dietary starch and sugars as established in 12 KAR 3:022, Section 1(3).

History

RELATES TO: KRS 250.501, 250.521, 15 U.S.C. 1451-1461
STATUTORY AUTHORITY: KRS 250.521(2)(e), (f), 250.571
CERTIFICATION STATEMENT: This certifies that this administrative regulation complies with the requirements of 2025 RS HB 6, Section 8.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for the efficient enforcement of KRS 250.491 to 250.631. KRS 250.521 requires that pet foods be labeled and establishes the information that shall be stated on the label. This administrative regulation establishes a uniform format for labeling information for pet foods and the criteria for the use of descriptive terms.
History: 012 KAR 003:028. 45 Ky.R. 116, 633; eff. 9-28-2018; Crt to Am; filed Am 9-11-2025; 52 Ky.R. 588, 1353; eff. 6-30-2026.

12 KAR 3:032 Feeding directions {#sec-12-kar-3-032 omnilex-key=us-ky-regs-official--title-12--12 KAR 3:032}

Section 1. All pet foods and specialty pet foods shall state feeding directions consistent with the intended use statement.

Section 2. Dog or cat food, including snacks or treats, labeled as complete and balanced for any or all life stages, as established in 12 KAR 3:039, Section 2(1) or Section 3, except those pet foods labeled in accordance with 12 KAR 3:039, Section 4, shall list feeding directions on the product label.

(1) These directions shall be expressed in common terms and shall appear prominently on the label.

(2) Feeding directions shall, at a minimum:

(a) Include the amount of familiar household unit of product weight of dog (or cat); and

(b) The frequency of feeding.

Section 3. If a dog or cat food is intended for use by or under the supervision or direction of a veterinarian, the statement: "Use only as directed by your veterinarian" may be used in lieu of feeding directions.

Section 4. Specialty pet food, including snacks or treats, labeled as complete and balanced for any or all life stages, as established in 12 KAR 3:039, Section 2 or as a daily food, shall list feeding directions on the product label.

(1) These feeding directions shall be adequate to meet the nutritional requirements of the intended species of specialty pet.

(2) These directions shall be expressed in common terms and shall appear prominently on the label.

(3) The frequency of feeding shall also be stated.

History

RELATES TO: KRS 250.491-250.631
STATUTORY AUTHORITY: KRS 250.571
CERTIFICATION STATEMENT: This certifies that this administrative regulation complies with the requirements of 2025 RS HB 6, Section 8.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for the efficient enforcement of KRS 250.491 to 250.631. This administrative regulation establishes requirements for feeding directions to ensure that pet food and specialty pet food products have adequate labeling to provide for safe and effective use.
History: 012 KAR 003:032. AES-2(1973)-PF 6; 1 Ky.R. 1003; eff. 6-11-1975; 45 Ky.R. 634; eff. 9-28-2018; Crt to Am; filed Am 9-11-2025; 52 Ky.R. 590, 1355, 1672; eff. 6-30-2026.

12 KAR 3:037 Drugs and pet food additives {#sec-12-kar-3-037 omnilex-key=us-ky-regs-official--title-12--12 KAR 3:037}

Section 1. An artificial color may be used in a pet food or specialty pet food only if the artificial color has been shown to be harmless to pets or specialty pets. The permanent or provisional listing of an artificial color in 21 C.F.R. Part 70, 71, 73, 74, 80, 81, or 82, or 501.22 as safe for use, together with the conditions, limitations, and tolerances, if any, shall constitute evidence that the color is harmless to pets or specialty pets.

Section 2. Before approval of a label and a registration application, the distributor of a pet food, containing an additive including a drug, another special purpose additive, or a nonnutritive additive shall, upon request of the director, submit evidence to prove the safety and efficacy of the pet food if used according to label directions. Evidence of the safety and efficacy of a pet food or specialty pet food shall be:

(1) If the pet food or specialty pet food contains an additive that conforms to 21 C.F.R. 570.3(1), 570.30, or Part 582; or

(2) If the pet food or specialty pet food is a drug as defined by KRS 250.501(7) and is generally recognized by the Food and Drug Administration as safe and effective for its labeled use or is marketed pursuant to an application approved by the Food and Drug Administration under 21 U.S.C. 360(b).

Section 3. If a drug is included in a pet food or specialty pet food, the medicated labeling format recommended by the Association of American Feed Control Officials (AAFCO), incorporated by reference in 12 KAR 3:012, Official Publication shall be used to ensure that adequate labeling is provided.

History

RELATES TO: KRS 250.501, 250.511, 250.541(1)(a), (b), (c), (d), (e), (f), (j), (2)(c), (d), (e), 21 C.F.R. Parts 70, 71, 73, 74, 80, 81, 82, 501.22, 570.3(1), 570.30, 582, 21 U.S.C. 360(b)
STATUTORY AUTHORITY: KRS 250.541, 250.551(1), 250.571(1)
CERTIFICATION STATEMENT: This certifies that this administrative regulation complies with the requirements of 2025 RS HB 6, Section 8.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for efficient enforcement of KRS 250.491 to 250.631. KRS 250.541 defines adulterated commercial feeds and states how they may be adulterated by additives. KRS 250.551(1) and (2) prohibits the manufacturing and distribution of adulterated products as animal feeds. This administrative regulation establishes requirements to ensure that a drug or additive used in pet food or specialty pet food is safe and effective for its intended purpose.
History: 012 KAR 003:037. AES-2(1973)-PF 7; 1 Ky.R. 1003; eff. 6-11-1975; 23 Ky.R. 1618; eff. 1-10-1997; 25 Ky.R. 900; 2364; eff. 4-14-1999; 45 Ky.R. 119, 638; eff. 9-28-2018; Crt to Am; filed Am 9-11-2025; 52 Ky.R. 592, 1357, 1673; eff. 6-30-2026.

12 KAR 3:039 Nutritional adequacy {#sec-12-kar-3-039 omnilex-key=us-ky-regs-official--title-12--12 KAR 3:039}

Section 1. The label of a pet food or specialty pet food that is intended for all life stages and sizes of the pet or specialty pet may include an unqualified claim, directly or indirectly, such as "complete and balanced," "perfect," "scientific," or "100% nutritious" if at least one (1) of the following apply:

(1) The product complies with the nutrient requirements for all life stages and sizes established by the Association of American Feed Control Officials (AAFCO), incorporated by reference in 12 KAR 3:012 nutrient profile;

(2) The product complies with the criteria for all life stages as substantiated by completion of the appropriate AAFCO-recognized animal feeding protocols; or

(3) The product is a member of a product family that is nutritionally similar to a lead product that contains a combination of ingredients that has been fed to a normal animal as the sole source of nourishment in accordance with the testing procedures established by AAFCO for all life stages, if:

(a) The nutritional similarity of the family product can be substantiated according to the Procedures for Establishing Pet Food Product Families developed by AAFCO;

(b) The family product complies with the criteria for all life stages; and

(c) Under circumstances of reasonable doubt, the director requires the manufacturer to perform additional testing of the family product and substantiates the claim of nutritional adequacy.

Section 2. The label of a pet food or specialty pet food that is intended for a limited purpose (such as size of dog) or a specific life stage, but not for all life stages and sizes, may include a qualified claim such as "complete and balanced," "perfect," "scientific," or "100% nutritious" if the product and claim meet all of the following:

(1) The claim is qualified with a statement of the limited purpose of specific life stage for which the product is intended or suitable, for example, "complete and balanced for puppies (or kittens)." The claim and the required qualification shall be juxtaposed on the same label panel and in the same size, style, and color print; and

(2) The product complies with at least one (1) of the following:

(a) The nutrient requirements for the limited purpose or specific life stage established by an AAFCO-recognized nutrient profile;

(b) The criteria for a limited purpose or a specific life stage as substantiated by completion of the appropriate AAFCO-recognized animal feeding protocol; or

(c) The requirements of a product family that is nutritionally similar to a lead product that contains a combination of ingredients that, if fed for the limited purpose, will satisfy the nutrient requirements for the limited purpose and the capabilities of the product in this regard demonstrated by adequate testing, and if:

The nutritional similarity of the family product can be substantiated according to the Procedures for Establishing Pet Food Product Families developed by AAFCO;
The family product meets the criteria for the limited purpose; and
Under circumstances of reasonable doubt, the director requires the manufacturer to perform additional testing for the family product and substantiates the claim of nutritional adequacy.

Section 3. Dog and cat food labels shall include a statement of nutritional adequacy or purpose of the product except if the dog or cat food is clearly and conspicuously identified on the principal display panel as "snack," "treat," or "supplement." The statement shall consist of one (1) of the following:

(1) A claim that the dog or cat food complies with the requirements of one (1) or more of the recognized categories of nutritional adequacy: gestation or lactation, growth, maintenance, and all life stages. The claim shall be stated verbatim as one (1) of the following:

(a) "(Name of product) is formulated to meet the nutritional levels established by the AAFCO Dog (or Cat) Food Nutrient Profiles for _________." (The blank shall be completed by using the stage or stages of the pet's life, such as gestation or lactation, growth, maintenance, or the words "All Life Stages."). For a dog food, if the blank includes the words "growth" or "all life stages," one (1) of the following phrases shall also be added verbatim to the end of the claim:

"including growth of large size dogs (70 lb. or more as an adult)" if the product has been formulated to meet the levels of nutrients specifically referenced in the Dog Food Nutrient Profiles as being applicable to large size growing dogs; or
"except for growth of large size dogs (70 lb. or more as an adult)" if the product has not been formulated to meet the levels of nutrients specifically referenced in the Dog Food Nutrient Profiles as being applicable to large size growing dogs;

(b) "Animal feeding tests using AAFCO procedures substantiate that (Name of Product) provides complete and balanced nutrition for ________." (The blank shall be completed by using the stage or stages of the pet's life tested, such as gestation and lactation, growth, maintenance, or the words "all life stages."); or

(c) "(Name of Product) provides complete and balanced nutrition for __________ (The blank shall be completed by using the stage or stages of the pet's life, such as gestation and lactation, growth, maintenance, or the words "all life stages") and is comparable in nutritional adequacy to a product that has been substantiated using AAFCO feeding test.";

(2) A nutritional or dietary claim for purposes other than those established in Sections 1 and 2 of this administrative regulation if the claim is scientifically substantiated; or

(3) The statement: "This product is intended for intermittent or supplemental feeding only," if a product does not comply with the requirements of Sections 1 and 2 of this administrative regulation or any other special nutritional or dietary need and so is suitable only for limited or intermittent or supplementary feeding.

Section 4. A product intended for use by, or under the supervision or direction of a veterinarian shall make a statement in accordance with Section 3(1) or (3) of this administrative regulation.

Section 5. A signed affidavit attesting that the product complies with the requirements of Sections 1 or 2(2) of this administrative regulation shall be submitted to the director upon request.

Section 6. If the nutrient content of a product does not comply with those nutrient requirements established by an AAFCO-recognized nutrient profile, or if no requirement has been established by an AAFCO recognized nutritional authority for the life stages of the intended species, the claimed nutritional adequacy or purpose of the product shall be scientifically substantiated.

Section 7. The following AAFCO-recognized nutritional authority, nutrient profile, or animal feeding protocol shall be acceptable as the basis for a claim of nutritional adequacy:

(1) As an AAFCO-recognized nutrient profile or nutritional authority:

(a) For dogs, the AAFCO Dog Nutrient Profiles;

(b) For cats, the AAFCO Cat Nutrient Profiles; and

(c) For specialty pets, the nutrient recommendation approved by the Committee on Animal Nutrition of the National Research Council of the National Academy of Sciences, if this nutrient recommendation is recognized only for the specific specialty pet of which the profile is intended; and

(2) As an AAFCO-recognized animal feeding protocol, the AAFCO Dog and Cat Food Feeding Protocols.

(3) Requirements in Sections 1 through 7 of this administrative regulation shall remain in effect until June 30, 2030.

Section 8. A statement identifying the intended use of a pet food or specialty pet food shall be required on the principal display panel of the label in accordance with the following:

(1) The intended use of a pet food or specialty pet food shall be stated as:

(a) "Complete (species) food" – for food products intended to be the complete diet for all life stages and sizes of a pet or specialty pet in accordance with the unqualified claims in 12 KAR 3:039, Section 2;

(b) For food products intended to be the complete diet for a limited life stage and size of a pet or specialty pet in accordance with the qualified claims in 12 KAR 3:039, Section 3, one (1) of the following statements shall be used:

"Complete food for ([blank), in which case the blank shall be filled with one (1) or more of the following:

a. "Adult (species)";

b. "Puppies, "kittens", or "juvenile (species other than dog or cat)";

c. "Puppies (<70 lb. as an adult)"; or

d. "Dogs (except puppies>70 lb. as an adult)"; or

"Complete (blank) food, in which case the blank shall be filled with one (1) or more of the following:

a. "Adult (species)";

b. "Puppies, "kittens", or "juvenile (species other than dog or cat)";

c. "Puppies (<70 lb. as an adult)"; or

d. "Dogs (except puppies>70 lb. as an adult)"; or

(c) "Veterinary diet for (species)" – for food products intended to be used under veterinary supervision only in accordance with 12 KAR 3:039, Section 4;

(d) "(Species)] treat" – for food products for pets or specialty pets, provided occasionally for enjoyment, training, entertainment, or other purposes, and not generally intended or represented to be a complete food or nutritional supplement;

(e) "(Species) food supplement" – for food products for pets or specialty pets that are intended to supply specific nutrient or nutrients or other food components but are not a complete diet;

(f) "(Species) food mixer" – for food products for pets or specialty pets that are intended to top, accompany, or contribute to a complete diet; or

(g) "Daily (specialty pet species) food" – for food products that are intended to be the dairy diet for specialty pets in cases without no recognized nutritional authority. A limited life stage may be indicated, for example "daily (specialty pet species) food for (juveniles or adults)."

(2) This intended use statement shall:

(a)

Except as established in subparagraph 2. of this paragraph, appear within the bottom thirty (30) percent of the area of the label principal display panel in lines generally parallel to the base on which the package rests as the package is designed to be displayed and shall be repeated on the alternate principal display panel, if present.
On packages having a principal display panel of five (5) square inches or less, the requirement for placement within the bottom thirty (30) percent of the area of the label panel shall not apply;

(b) Be at least as large as the statement of net quantity, consistent with 16 C.F.R. 500.21;

(c) Appear in the same color and style as the statement of net quantity and on the same background color as the statement of net quantity; and

(d) Be separated by at least a space equal to the height of the letter "N" used in the statement of net quantity from other printed label information appearing above or below it and by at least a space equal to twice the width of the letter "N" of the style of type used in the quantity of contents statement from other printed label information appearing to the left or right of it.

History

RELATES TO: KRS 250.501, 250.521, 16 C.F.R. 500.21, 15 U.S.C. 1451-1461
STATUTORY AUTHORITY: KRS 250.521(2)(e), (f), 250.571
CERTIFICATION STATEMENT: This certifies that this administrative regulation complies with the requirements of 2025 RS HB 6, Section 8.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for the efficient enforcement of KRS 250.491 to 250.631. KRS 250.521 requires that pet foods and specialty pet foods be labeled and establishes the information that shall be stated on the label. This administrative regulation establishes a uniform format for establishing nutritional adequacy in labeling information for pet foods and specialty pet foods and the criteria for product claims.
History: 012 KAR 003:039. 45 Ky.R. 210, 636; eff. 9-28-2018; Crt to Am; filed Am 9-11-2025; 52 Ky.R. 594, 1358, 1673; eff. 6-30-2026.

12 KAR 3:042 Statements of calorie content {#sec-12-kar-3-042 omnilex-key=us-ky-regs-official--title-12--12 KAR 3:042}

Section 1. The label of a dog or cat food, including snacks, treats, and supplements, shall include a statement of calorie content and comply with the requirements established in subsections (1) through (5) of this section.

(1) The statement shall be separate and distinct from the "Guaranteed Analysis" and shall appear under the heading "Calorie Content".

(2) The statement shall be measured in terms of metabolizable energy (ME) on an "as fed" basis and shall be expressed both as "kilocalories per kilogram" ("kcal/kg") of product, and as kilocalories per familiar household measure (for example, cans or cups) or unit of product (for example, treats or pieces).

(3) The calorie content shall be determined by one (1) of the following methods:

(a) By calculation using the following "Modified Atwater" formula:

(b) In accordance with a testing procedure established by the Association of American Feed Control Officials (AAFCO), incorporated by reference in 12 KAR 3:012.

(4) An affidavit shall be provided upon request of the director, substantiating that the calorie content was determined by:

(a) Subsection (3)(a) of this section, in which case the summary data used in the calculation shall be included in the affidavit; or

(b) Subsection (3)(b) of this section, in which case the summary data used in the determination of calorie content shall accompany the affidavit.

(5) The caloric content statement shall appear as one (1) of the following:

(a) The heading "calorie content" on the label or other labeling shall be followed parenthetically by the word "calculated" if the caloric content is determined in accordance with subsection (3)(a) of this section; or

(b) The heading "calorie content" on the label or other labeling shall be followed parenthetically by the word "fed" if the calorie content is determined in accordance with subsection (3)(b) of this section.

Section 2. A comparative claim shall:

(1) Not be false, misleading, or given undue emphasis; and

(2) Be based on the same methodology for all products compared.

Section 3. Requirements in Sections 1 and 2 of this administrative regulation shall remain in effect until June 30, 2030.

Section 4. The statement shall be determined in terms of metabolizable energy (ME) on an "as fed" moisture basis by one (1) of the following methods then converted to calories (kcal) per the familiar household unit (for example, can, measuring cup, treat, or piece):

(1) By calculation (indicated with a "†"in the Pet Nutrition Facts) using the following "Modified Atwater" formula: Where ME = metabolizable energy, CP = % crude protein "as fed," CF = % crude fat "as fed," NFE = % nitrogen-free extract (carbohydrate) "as fed," and the percentages of CP and CF are the average values of these components in the product as determined by sound scientific methods, such as scientifically accurate calculations made from the formula of the product or upon chemical analysis of the product. The NFE is calculated as the difference between 100 and the sum of CP, CF, and the percentages of crude fiber, moisture, and ash (determined in the same manner as CP and CF); or

(2) In accordance with testing procedures determined by the Association of American Feed Control Officials (AAFCO) and indicated as "fed" in the Pet Nutrition Facts (12 KAR 3:022, Section 10).

Section 5. An affidavit shall be provided upon the request of (regulatory authority), substantiating that the Calorie content was determined by:

(1) 12 KAR 3:042, Section 4(1), in which case the summary data used in the calculation shall be included in the affidavit; or

(2) 12 KAR 3:042, Section 4(2), in which case the summary data used in the determination of calorie content shall accompany the affidavit.

Section 6. The calories from protein, fat, and carbohydrate as required in the Pet Nutrition Facts shall be determined using the following calculation, then converted to calories (kcal) per the familiar household unit (for example, can, measuring cup, treat, or piece):

(1) Protein: ME (kcal/kg) = 10(3.5 × CP), where ME = metabolizable energy, CP = % crude protein "as fed" and the percentage of CP is the average value in the product as determined by sound scientific methods, such as scientifically accurate calculations made from the formula of the product or upon chemical analysis of the product;

(2) Fat: ME (kcal/kg) = 10(8.5 × CF), where ME = metabolizable energy, CF = % crude fat "as fed" and the percentage of CF is the average value in the product as determined by sound scientific methods, such as scientifically accurate calculations made from the formula of the product or upon chemical analysis of the product; or

(3) Carbohydrate: ME (kcal/kg) = 10(3.5 × NFE), where ME = metabolizable energy, NFE is calculated as the difference between 100 and the sum of CP, CF, and the percentages of crude fiber, moisture, and ash; CP = % crude protein "as fed," CF = % crude fat "as fed" and the percentages are the average values of these components in the product as determined by sound scientific methods, such as scientifically accurate calculations made from the formula of the product or upon chemical analysis of the product.

Section 7. Comparative claims shall not be false, misleading, or given undue emphasis and shall be based on the same methodology for the products compared.

History

RELATES TO: KRS 250.501, 250.521
STATUTORY AUTHORITY: KRS 250.571(1)
CERTIFICATION STATEMENT: This certifies that this administrative regulation complies with the requirements of 2025 RS HB 6, Section 8.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for efficient enforcement of KRS 250.491 to 250.631. This administrative regulation establishes a uniform procedure for determining the caloric content of dog and cat foods and expressing it on product labels.
History: 012 KAR 003:042. 23 Ky.R. 1810; eff. 1-10-1997; 25 Ky.R. 1091; 2364; eff. 4-14-1999; 45 Ky.R. 120, 637; eff. 9-28-2018; Crt to Am; filed Am 9-11-2025; 52 Ky.R. 596, 1361, 1675; eff. 6-30-2026.

Chapter 4 Fertilizer

12 KAR 4:075 Licenses and fertilizer product registration {#sec-12-kar-4-075 omnilex-key=us-ky-regs-official--title-12--12 KAR 4:075}

Section 1. Definitions.

(1) "Registrant" means the person who registers fertilizer.

(2) "Licensee" means the person who is licensed to distribute fertilizer.

Section 2. An applicant for registration shall complete and submit to the Fertilizer Regulatory Program:

(1) Application for Registration of Farm Fertilizer, Form RS-29-01 Farm Fertilizer;

(2) Application for Registration of Specialty Fertilizer, Form RS-29-03 Specialty Fertilizer (10 Pounds or Less).

(a) In accordance with KRS 250.371(1), a fifty (50) dollar registration fee shall accompany form RS-29-03; and

(b) In accordance with KRS 250.381(4) a fifty (50) dollar inspection fee shall accompany form RS-29-03; or

(3) Application for Registration of Specialty Fertilizer, Form RS-29-04. Specialty Fertilizer (Packages Greater Than 10 Pounds). In accordance with KRS 250.371(1), a fifty (50) dollar registration fee shall accompany the submitted application form.

Section 3. An applicant for licensing shall complete and submit to the Fertilizer Regulatory Program:

(1) Application for Custom Mix Fertilizer Blending, Form RS-29-02 Bulk Fertilizer License; or

(2) Application for Custom Mix Specialty Fertilizer Blending, Form RS-29-05 Bulk Specialty Fertilizer License. In accordance with KRS 250.371(4), a one-hundred (100) dollar license fee shall accompany the submitted application form.

Section 4. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Application for Registration of Farm Fertilizer", Form RS-29-01, October 2019;

(b) "Application for Registration of Specialty Fertilizer", Form RS-29-03, October 2019;

(d) "Application for Custom Mix Fertilizer Blending", Form RS-29-02, October 2019; and

(e) "Application for Custom Mix Specialty Fertilizer Blending", Form RS-29-05, October 2019.

History

RELATES TO: KRS 250.366(16), (26), 250.371 – 250.461
STATUTORY AUTHORITY: KRS 250.371, 250.421
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.371 authorizes the Kentucky Agricultural Experiment Station Director to promulgate administrative regulations for product registration and licensing of custom mix blending facilities. KRS 250.421 requires the director to promulgate administrative regulations necessary to implement KRS 250.371 through 250.451. This administrative regulation establishes requirements for fertilizer product registration and licensing.
History: 20 Ky.R. 3334; eff. 8-24-1994; 47 Ky.R. 106, 734; eff. 11-18-2020.

12 KAR 4:080 Plant nutrient guarantees and labeling {#sec-12-kar-4-080 omnilex-key=us-ky-regs-official--title-12--12 KAR 4:080}

Section 1. Plant Nutrient Guarantees. Plant nutrients, additional to nitrogen, phosphorus, and potassium, referenced by fertilizer labeling or information provided with a fertilizer shall be registered and guaranteed pursuant to this administrative regulation. Except guarantees for water-soluble nutrients labeled for ready-to-use foliar fertilizers, ready-to-use specialty liquid fertilizers, hydroponic or continuous liquid feed programs and guarantees for potting soils, garden soils, lawn soils, and any other growing media product labeled with a fertilizer guaranteed analysis, the minimum elemental percentages shall be as established in the Table established in this section.

(1) Guarantees and claims shall not be referenced by fertilizer labeling or information provided with a fertilizer for elements other than those established in the Table established in this section.

(2) Except for nitrogen, phosphorus, and potassium, if present and that shall be listed first, guaranteed elements referenced by fertilizer labeling or information provided with a fertilizer shall be listed in the order established in the Table established in this section.

(3) The elements established in this section shall be guaranteed on their elemental basis and are the only ones that shall be accepted.

(4) Sources of the elements guaranteed and proof of availability shall be provided upon request.

Section 2. Fertilizer Labels.

(1) Fertilizer labels or information provided with a fertilizer shall be legible and conspicuous and shall include:

(a) Net Weight;

(b) Brand and grade, except grade shall not be required if primary nutrients are not claimed;

If the percentage is zero, the nutrient shall be omitted from the statement, except in nutrient guarantee breakdowns.
If the chemical forms of nitrogen are claimed, the form shall be guaranteed in the format established in the Table established in this subparagraph, and the percentages of the individual forms shall add up to the total nitrogen percentage. Implied order of the forms of nitrogen is not intended.

(d) The source or sources of the guaranteed elements that, if shown on the fertilizer labeling or information provided with a fertilizer, shall be listed below the completed guaranteed analysis statement; and

(e) Name and address of registrant or licensee.

(2) For packaged products, Fertilizer Labels shall:

(a) Appear on the front or back of the package;

(b) Occupy at least the upper third of a side of a package; or

(3) If the chemical form of a plant nutrient is guaranteed, the percentage for each component shall be shown before the name of the form, as in the following example:

Section 3. Beneficial Substances and Beneficial Compounds.

(1) Beneficial substances or beneficial compounds guarantees shall be listed below the guaranteed analysis statement under one (1) of the following headings; "Also Contains Beneficial Substances", "Also Contains Beneficial Compounds", or "Also Contains NonPlant Food Ingredients."

(2) The percentage for each beneficial substance or beneficial compound shall be shown after the name of the form, as in the following examples:

(a) Also Contains Beneficial Substances (Compounds)

(b) Also Contains NonPlant Food Ingredients

(3) For the beneficial substance, Silicon, the guarantee shall be "Soluble Silicon (Si)." The method of determination of Soluble Silicon shall be from the Journal of AOAC International, Volume 96, No.2, 2013.

Section 4. The term of "percentage" by symbol or word, when used on fertilizer labeling shall represent only the amount of individual plant nutrients in relation to the total product by weight.

Section 5. Incorporation by Reference.

(1) "Journal of AOAC International", Volume 96, No. 2, 2013, "A 5-Day Method for Determination of Soluble Silicon Concentrations in Nonliquid Fertilizer Materials Using a Sodium Carbonate-Ammonium Nitrate Extractant Followed by Visible Spectroscopy with Heteropoly Blue Analysis: Single-Laboratory Validation", 2013, is incorporated by reference.

History

RELATES TO: KRS 250.366(7), 250.371 – 250.451
STATUTORY AUTHORITY: KRS 250.366(7), 250.421
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.366(7) authorizes the Kentucky Agricultural Experiment Station Director to promulgate administrative regulations for the inspection and analysis of plant nutrient guarantees. KRS 250.421 requires the director to promulgate administrative regulations necessary to implement KRS 250.371 through 250.451. This administrative regulation establishes requirements for plant nutrient labeling requirements.
History: 11 Ky.R. 509; eff. 11-13-1984; Am. 21 Ky.R. 450; eff. 9-28-1994; 47 Ky.R. 106, 734, 934; eff. 11-18-2020.

12 KAR 4:100 Slowly released nutrients; labeling {#sec-12-kar-4-100 omnilex-key=us-ky-regs-official--title-12--12 KAR 4:100}

Section 1. A fertilizer label shall not state or imply that certain plant nutrients contained in a fertilizer are released slowly over a period of time, unless the nutrient or nutrients are identified and guaranteed at a level of at least fifteen (15) percent of the total guarantee for that nutrient or nutrients.

Section 2. Types of products with recognized slow release properties shall be:

(1) Water insoluble (Nitrogen products only), such as natural organics, urea form materials, urea-formaldehyde, isobutylidene diurea, and oxamide. "AOAC International method 945.01" shall be used to determine the water insoluble nitrogen;

(2) Coated slow release, such as sulfur coated urea and other encapsulated soluble fertilizers. "AOAC International method 970.04" shall be used to confirm the coated slow release nutrients and others whose slow release characteristics depend on particle size;

(3) Occluded slow release, if fertilizers or fertilizer materials are mixed with waxes, resins, or other inert materials and formed into particles. "AOAC International method 970.04" shall be used to confirm the occluded slow release nutrients and others whose slow release characteristics depend on particle size; and

(4) Products containing water soluble slowly available nitrogen, such as urea-formaldehyde products, methylenediurea (MDU), dimethylenetriurea (DMTU), dicyanodiamide (DCD), and urea-triazone solutions.

(5)

(a) The terms, "water insoluble," "coated slow release," "slow release," "controlled release," "slowly available water soluble," and "occluded slow release" shall be accepted as descriptive of these products, if the manufacturer can show a testing program substantiating the claim.

(b) In addition to the requirements established in paragraph (a) of this subsection, the manufacturer shall provide a laboratory procedure for evaluating the release characteristics of the product or products.

Section 3. Nitrogen.

(1) If an amount of nitrogen is designated as organic, then the water insoluble nitrogen or the slow release nitrogen guarantee shall not be less than sixty (60) percent of the nitrogen so designated.

(2) Coated urea shall not be included in meeting the sixty (60) percent requirement.

Section 4. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) AOAC International method 970.04 in the Official Methods of Analysis, 15th Edition (1990); and

(b) "AOAC International method 945.01" in the Official Methods of Analysis, 15th Edition (1990).

History

RELATES TO: KRS 250.366(7), (17), (18)
STATUTORY AUTHORITY: KRS 250.421
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.421 requires the director to promulgate administrative regulations necessary to implement KRS 250.371 through 250.451. This administrative regulation establishes requirements for referencing slowly released nutrients on fertilizer labels or information provided with a fertilizer.
History: 11 Ky.R. 510; eff. 11-13-1984; Am. 21 Ky.R. 452; 1023; eff. 9-28-1994; 47 Ky.R. 100, 108; eff. 11-18-2020.

12 KAR 4:110 Definitions for 12 KAR Chapter 4 {#sec-12-kar-4-110 omnilex-key=us-ky-regs-official--title-12--12 KAR 4:110}

Section 1. Definitions. Definitions for 12 KAR Chapter 12 shall be the Official Terms and Official Fertilizer Definitions published by the Association of American Plant Food Control Officials.

Section 2. Incorporation by Reference.

(1) "Official Terms and Official Fertilizer Definitions published by the Association of American Plant Food Control Officials," 2020 edition, is incorporated by reference.

History

RELATES TO: KRS 250.406
STATUTORY AUTHORITY: KRS 250.421
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.421 requires the director to promulgate administrative regulations necessary to implement KRS 250.371 through 250.451. This administrative regulation establishes definitions for terms used in 12 KAR Chapter 4.
History: 11 Ky.R. 511; eff. 11-13-1984; Am. 12 Ky.R. 1519; eff. 4-17-1986; 21 Ky.R. 453; 1023; eff. 9-28-1994; 47 Ky.R. 110; eff. 11-18-2020.

12 KAR 4:130 Investigational allowances {#sec-12-kar-4-130 omnilex-key=us-ky-regs-official--title-12--12 KAR 4:130}

Section 1. A fertilizer shall be deemed deficient if the analysis of an official sample for any primary nutrient is below the guarantee by an amount exceeding the values in the table established in this section.

Section 2. A fertilizer shall be deemed deficient in the overall index value if the overall index value is less than ninety-seven (97) percent.

(1) The overall index value shall be calculated by comparing the value guaranteed with the value found. Unit values of the nutrients used shall be those referred to in KRS 250.401.

(2) Overall index value. Example of calculation for a 10-10-10 grade found to contain ten and one-tenth (10.1) percent Total Nitrogen (N), ten and two-tenths (10.2) percent Available Phosphate (P2O5) and ten and one-tenth (10.1) percent Soluble Potash (K2O). Nutrient unit values shall be assumed to be three (3) dollars per unit N, two (2) dollars per unit (P2O5), and one (1) dollar per unit K2O.

Section 3. Secondary and minor elements shall be deemed deficient if the analysis of an official sample for any of these elements is below the guarantee by an amount exceeding the values in the table established in this section.

Section 4. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "15th Edition (1990) of the Official Methods of Analysis of the AOAC International", 1990; and

(b) "Table 19, page 935, Journal of the Association of Official Analytical Chemists, Volume 49, No. 5", October, 1966

History

RELATES TO: KRS 250.366(19), 250.391(3), 250.396(1), (2), 250.401
STATUTORY AUTHORITY: KRS 250.421
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.421 requires the director to promulgate administrative regulations necessary to implement KRS 250.361 through 250.461. This administrative regulation establishes scientifically sound and fair investigational allowances as a basis for declaring a fertilizer sample deficient in its guaranteed analyses and to detail the calculation of the index value of a fertilizer.
History: 11 Ky.R. 512; eff. 11-13-1984; Am. 21 Ky.R. 457; 1027; eff. 9-28-1994; 114, 935; eff. 11-18-2020.

12 KAR 4:140 Monetary penalties {#sec-12-kar-4-140 omnilex-key=us-ky-regs-official--title-12--12 KAR 4:140}

Section 1. Penalties for deficiencies in Total Nitrogen (N), Available Phosphate (P2O5), soluble potash (K20), and index value shall be calculated based on the table established in this section.

Section 2. Minimum standards and overages of primary nutrients may reduce penalties calculated in Section 1 of this administrative regulation for fertilizer with index values equal to or greater than ninety-seven (97) percent on the basis of the table established in this section.

Section 3. If a fertilizer is subject to a penalty from both a primary nutrient deficiency and an index value deficiency, only the larger penalty shall apply and the penalty shall not exceed the total value of the fertilizer.

Section 4. Penalties for deficiencies in secondary and minor elements and for excess chlorine in tobacco fertilizer shall be calculated as established in this section.

(1) Deficiencies.

(2) Excess chlorine in tobacco fertilizers. The investigational allowance for maximum chlorine shall be five-tenths (0.5) percent.

Section 5. Any penalty assessed under Section 1 of this administrative regulation shall be added to any penalty assessed under Section 4 of this administrative regulation, and the total shall be paid by the registrant to the consumer of the lot of fertilizer represented by the sample within three (3) months after the date of notice from the director, receipts taken therefore and forwarded to the director.

(1) If a consumer cannot be found, the amount of the penalty payments shall be paid to the Kentucky Agricultural Experiment Station within three (3) months after the date of the notice from the director to the registrant and set aside for purchase of equipment for the sampling, handling, analyzing, and reporting of results of analyses of official samples and for the education of the Kentucky fertilizer industry on the newest methods in manufacturing blended fertilizers.

(2) If the lot of fertilizer is on hand at a retail location the penalty payments assessed under this section shall be used to reduce the retail price of the fertilizer if it is to be relabeled and sold.

Section 6. The total of the penalties assessed under this administrative regulation shall not exceed the retail value of the fertilizer.

History

RELATES TO: KRS 250.396(1), (2)
STATUTORY AUTHORITY: KRS 250.421
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.421 requires the director to promulgate administrative regulations necessary to implement KRS 250.361 through 250.461. This administrative regulation establishes the specific method of calculating the monetary penalties required by the fertilizer law.
History: 11 Ky.R. 514; eff. 11-13-1984; Am. 12 Ky.R. 1519; 1730; eff. 4-17-1986; 21 Ky.R. 458; eff. 9-28-1994; 47 Ky.R. 116, 936; eff. 11-18-2020.

12 KAR 4:170 Maximum chlorine guarantees for tobacco fertilizers {#sec-12-kar-4-170 omnilex-key=us-ky-regs-official--title-12--12 KAR 4:170}

Section 1.

(1) All fertilizers sold for or represented for use on field crop tobacco, shall, in addition to the other guarantees established by 12 KAR Chapter 4, state a maximum chlorine guarantee not to exceed fifty (50) pounds chlorine per acre (equivalent to 100 pounds of muriate of potash per acre) in the following format:

(2) The maximum chlorine guarantee shall be prominently and conspicuously displayed on the label as required by KRS 250.376.

(3) The invoice, shipping ticket, or bag label shall:

(a) State the rate of application expressed as pounds or tons of the blended fertilizer per acre;

(b) State clearly that the fertilizer is for use on tobacco; and

(c) Give directions for use to include a maximum application rate so that no more than fifty (50) pounds of chlorine shall be applied per acre.

(4) The provisions of this administrative regulation shall not apply to fertilizers for use on plant beds.

History

RELATES TO: KRS 250.366(7), 250.376, 250.411(1)
STATUTORY AUTHORITY: KRS 250.421
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.421 requires the director of the Kentucky Agricultural Experiment Station to enforce the provisions of KRS 250.371 through 250.451 and to promulgate and enforce administrative regulations necessary to implement KRS 250.371 through 250.451. This administrative regulation establishes the specific format and conditions for maximum chlorine guarantee for tobacco fertilizers, which is necessary for production of quality tobacco.
History: 11 Ky.R. 516; Am. 970; eff. 11-13-1984; 26 Ky.R. 1586; eff. 4-12-2000; 47 Ky.R. 118, 937; eff. 11-18-2020.

Chapter 5 Milk and Cream

12 KAR 5:010 Licenses {#sec-12-kar-5-010 omnilex-key=us-ky-regs-official--title-12--12 KAR 5:010}

Section 1.

(1) License to Handle Milk, Laboratory License, and Transfer Station License. Upon receipt of an accurately completed application with fee as required by KRS 260.815, and if the applicant is deemed to be qualified, pursuant to this administrative regulation, and in compliance with KRS 260.775 through 260.845, the director shall issue a license to handle, laboratory license, or transfer station license. Each license shall be displayed as established in paragraphs (a) through (c) of this subsection.

(a) A current license to handle milk shall be prominently displayed at each handling location.

(b) A current laboratory license shall be prominently displayed at each laboratory location.

(2) Temporary license to sample and weigh milk. Upon receipt of an accurately completed application with fee as required by KRS 260.815, and if the applicant is deemed to be qualified, pursuant to this administrative regulation, and in compliance with KRS 260.775 through 260.845, the director shall issue a 120-day, temporary license to sample and weigh milk. A temporary license shall only be reissued if a person does not pass the written examination requirement of paragraph (b) of this subsection.

(a) A person issued a temporary license to sample and weigh milk shall be provided informational material by the director with proper sampling and weighing procedures. The person shall become familiar with the informational material and shall perform the procedures under the supervision of a licensed sampler-weigher until a supervisor believes he or she is competent of proper procedures. Once the person has become familiar with and complies with proper procedures, he or she may sample and weigh milk without immediate supervision. The person shall carry the temporary license to sample and weigh while sampling and weighing milk.

(b) A person issued a temporary license to sample and weigh milk shall be scheduled for and required to attend a one (1) day training school and take a written examination administered by the director. Upon scoring a minimum of seventy (70) percent on the written examination, a license to sample and weigh milk shall be issued. The person shall carry the license to sample and weigh while sampling and weighing milk.

(3) Temporary license to test milk. Upon receipt of an accurately completed application with fee as required by KRS 260.815, and if the applicant is deemed to be qualified, pursuant to this administrative regulation, competent, and in compliance with KRS 260.775 through 260.845, the director shall issue a 120-day temporary license to test milk. A temporary license shall only be reissued if a person does not pass the written examination requirement of paragraph (b) of this subsection.

(a) A person issued a temporary license to test milk shall be provided informational material by the director with proper testing procedures. The person shall become familiar with the informational material and shall perform the testing procedures for which he or she seeks approval under the supervision of a licensed tester until a supervisor believes the person is competent of proper procedures. Once the person has become familiar with and complies with proper procedures, he or she may test milk without immediate supervision. A person shall conspicuously post the temporary license to test in the laboratory where testing is performed or carry the temporary license to test while he or she is testing milk.

(b) A person issued a temporary license to test milk shall demonstrate competency in milking procedures for which the person seeks approval to the director and shall take a written examination administered by the director. Upon demonstrating competency and scoring a minimum of seventy (70) percent on the written exam, a license to test milk shall be issued. The milk tester shall conspicuously post the license to test in the laboratory where testing is performed or carry the license to test while he or she is testing milk.

(4) Renewal for a license to sample and weigh and renewal for a license to test. Upon receipt of an accurately completed renewal application with fee as required by KRS 260.815, and if the applicant is deemed by the director, pursuant to this administrative regulation, to be in compliance with KRS 260.775 through 260.845, the director shall issue a renewed license to sample and weigh or a renewed license to test. An applicant may renew a lapsed license for up to three (3) years past the expiration date by paying back-fees for each year and one (1) penalty fee established in KRS 260.992(3).

(5) All licenses issued under the authority of KRS 260.775 through 260.845 shall expire on June 30 of each year. The licenses shall be renewed on or before July 1 by accurately completing and submitting an application with the appropriate fee to the director.

(6) Reciprocity. The director shall reciprocate with other states and issue a license to sample and weigh or a license to test upon submission of satisfactory evidence that the requirement for licensure in the other state is equivalent to the requirements of KRS 260.775 through 260.845. The director may require an applicant for reciprocity to pass an examination if necessary to establish his or her competency. Applicants for reciprocity shall be required to submit an accurately completed application with fee to the director.

Section 2. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Application for License to Handle Milk", October 2000, Division of Regulatory Services;

(b) "Application for Milk Laboratory License", October 2000, Division of Regulatory Services;

(d) "Application for Temporary License to Sample and Weigh Milk", March 2015, Division of Regulatory Services;

(e) "Application for Temporary License to Test Milk", March 2015, Division of Regulatory Services;

(f) "Application for Renewal License to Sample and Weigh Milk", March 2015, Division of Regulatory Services; and

(g) "Application for Renewal License to Test Milk", March 2015, Division of Regulatory Services.

(2) These materials may be inspected, copied or obtained, subject to copyright law, at the Division of Regulatory Services, College of Agriculture, 103 Regulatory Services Building, University of Kentucky, Lexington, Kentucky 40546-0275, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 260.775-260.845, 260.992
STATUTORY AUTHORITY: KRS 260.825(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.825(1) requires the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for the efficient enforcement of KRS 260.775 through 260.845 regarding milk. This administrative regulation establishes a procedure to license a person or entity who is qualified as a milk handler, laboratory, sampler-weigher, tester, or transfer station.
History: AES-CL 14, 15, 16; 1 Ky.R. 1232; eff. 7-2-75; Am. 15 Ky.R. 1118; eff. 11-23-88; 27 Ky.R. 1849; 2417; eff. 3-19-2001; 47 Ky.R. 740, 1351; eff. 2-9-2021.

12 KAR 5:020 Testing {#sec-12-kar-5-020 omnilex-key=us-ky-regs-official--title-12--12 KAR 5:020}

Section 1. Laboratory Facilities and Environment.

(1) A licensed laboratory's facilities shall meet the criteria established in Chapter 2.0310 of Standard Methods for the Examination of Dairy Products, 17th Edition, 2004.

(2) A licensed laboratory shall have established procedures for monitoring equipment performance and preventative maintenance. Specialized instrumentation shall be operated by the manufacturer's recommended procedures for operation and maintenance. Adequate records to document equipment performance monitoring and maintenance shall be kept. As applicable, equipment and supplies used by laboratories shall meet the criteria established in Chapter 2.0311 of Standard Methods for the Examination of Dairy Products, 17th Edition, 2004.

Section 2. Approved Testing Methods.

(1) A laboratory and tester licensed by the director shall be approved for the methods of analysis routinely used for milk component testing. If the laboratory and tester are approved for an electronic method of analysis, they shall also be approved for any intralaboratory reference method used to monitor the electronic equipment.

(2) Methods of analysis used for testing milk samples for pay purposes or as reference methods shall include:

(a) Methods in Official Methods of Analysis of AOAC International, Volume II, Chapter 33, 21st, 2019;

(b) Methods in Standard Methods for the Examination of Dairy Products, 17th Edition, 2004; and

Section 3. Electronic Equipment.

(1) Laboratories using electronic milk testing equipment associated with approved procedures shall maintain the following supplies and records:

(a) A thermostatically-controlled, circulatory water-bath of suitable size to maintain milk samples in a temperature range of 40-430 C (104-109.40 F). A milk sample being warmed in the water-bath shall not:

Remain in the water-bath in excess of forty (40) minutes prior to being tested; or
Be tested for payment purposes if the sample "oils off" while in the water-bath; and

(b) An approved electronic component testing instrument including:

All required accessories and reagents; and
An instrument operation manual.

(2) Control samples. A minimum of four (4) control samples of unhomogenized milk shall be analyzed daily before routine testing begins. The control samples shall cover the component ranges of samples typically analyzed with the instrument. Control samples for milk fat analysis shall be in the fat range of two (2) to six (6) percent.

(a) The control samples shall be prepared and test results determined for each component tested for pay purposes by recognized procedures or those procedures approved by the director based on accuracy.

(b) Control samples shall be physically handled in a manner to ensure their integrity and in a temperature range of 0.5-4.40C (33-400 F). Control samples to be stored more than seventy-two (72) hours shall be preserved with an approved preservative. Control samples shall be discarded if they appear to be churned, "oiled off," or spoiled.

(3) Daily performance checks. Written procedures shall be established to monitor electronic milk testing equipment for accuracy each day before testing begins. Minimum requirements for these procedures shall include:

(a) Zero check. Zero the machine for all components as prescribed by the instrument manufacturer. Run a single, unhomogenized milk sample through the machine at least eleven (11) times. Zero the machine again. Within two (2) cycles the instrument shall not deviate greater than 0.02 percent units from the original zero reading;

(b) Repeatability check. Ten (10) consecutive readings on a single, well-mixed, unhomogenized milk sample shall be made for each component being tested for pay purposes. The repeatability check shall be acceptable when the comparison range of ten (10) consecutive readings is within ±04 percent units for each of these components. The sample used between the zero checks in paragraph (a) of this subsection may be used for the repeatability check;

(c) Accuracy check. A subsample from each of the control samples shall be analyzed to obtain readings for each component tested for pay purposes. These results shall not differ from the control sample by more than ±0.09 percent units for total solids and ±0.05 percent units for each other component when compared to the established values of the control samples;

(d) Hourly check. An accuracy check as established in paragraph (c) of this subsection shall be analyzed on at least one (1) sample each hour during which samples are tested for pay purposes; and

(e) Electronic instruments not meeting the established testing criteria shall not be used to test permitted producer's samples for pay purposes. Deficiencies shall be investigated and corrective action taken. A record of any corrective action shall be maintained for at least two (2) years.

(4) Calibration requirements.

(a) Electronic instrument calibrations shall be required if:

The instrument is installed or significantly moved;
The daily performance checks fail and cannot be corrected by other means; and
Any part that could affect proper operation of the instrument has been replaced, rebuilt, or adjusted.

(b) A calibration shall be evaluated for accuracy:

At regular intervals not to exceed a thirty (30) day period; and
Using a minimum of eight (8) milk samples that shall cover the component ranges of samples typically analyzed with the instrument. These samples shall be in the milk fat range of two (2) to six (6) percent.

(c) Electronic instruments shall be calibrated according to the manufacturer's instructions using milk samples with known component values as determined by a reference method approved based on accuracy. Laboratories may use approved, commercially-prepared calibration samples in lieu of preparing their own reference calibration samples.

Section 4. Wild Tests.

(1) A "wild" test shall be a test result for a producer's bulk-tank milk sample that is dissimilar to other test results for the producer during the pay period and for which the cause of the difference or differences cannot be determined.

(2) Each laboratory shall have written specifications for determining a "wild" test. Specifications for "wild" tests shall not exceed 0.50 percent units in comparing milk fat test results between or among samples for a permitted producer.

(3) "Wild" tests shall not be used for pay purposes and shall be conspicuously identified within laboratory test records.

Section 5. Check Samples. Periodically, the director may provide check samples to a licensed laboratory for test result comparisons and monitoring purposes. A licensed tester at the laboratory shall test each sample for components used for pay purposes using methods routinely utilized by the tester and approved based on accuracy. The tester's results shall be provided to the director within three (3) working days of receipt of the samples. The licensed laboratory shall be responsible for returning all check sample shipping containers and equipment to the director.

Section 6. Laboratory Records.

(1) Laboratory records shall be kept in a manner consistent with 12 KAR 5:070, Section 2, and shall be retained for at least a two (2) year period.

(2) Equipment records. Records of the operation and maintenance of each electronic instrument shall include:

(a) Maintenance records;

(b) Daily performance check records; and

(3) Test records. All records of tests to be used for pay purposes shall be original and recorded as tests are conducted.

(a) Records of retests and special tests shall be conspicuously identified.

(b) A licensed tester shall be responsible for the accuracy of test records for samples he or she tests for pay purposes.

Section 7. Sample Age. A permitted producer's sample being tested for pay purposes shall be tested within seventy-two (72) hours from the time of procurement, as identified on the sample container, unless the sample is preserved with a preservative approved based on efficacy.

Section 8. Hours of Operation. A licensed laboratory that is not open during the normal business hours of Monday through Friday, 8 a.m. to 4:30 p.m. shall submit a monthly testing schedule to the director one (1) month in advance.

Section 9. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Official Methods of Analysis of AOAC International", Volume II, Chapter 33, 21st Edition, 2019; and

(b) "Standard Methods for the Examination of Dairy Products", 17th Edition, 2004.

History

RELATES TO: KRS 260.775-260.845, 260.992
STATUTORY AUTHORITY: KRS 260.825(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.825(1) requires the Director of the Kentucky Agricultural Experiment Station to promulgate administrative regulations necessary for the effective enforcement of KRS 260.775 through 260.845 regarding milk. This administrative regulation establishes uniform standards and approved procedures and equipment for the analysis of milk components by licensed laboratories and testers.
History: AES-4, CL-13, 19, 25; 1 Ky.R. 1233; eff. 7-2-75; Am. 11 Ky.R. 612; eff. 11-13-84; 15 Ky.R. 1118; eff. 11-23-88; 27 Ky.R. 1850; 2418; eff. 3-19-2001; 47 Ky.R. 741, 1252; eff. 2-9-2021.

12 KAR 5:030 Test samples {#sec-12-kar-5-030 omnilex-key=us-ky-regs-official--title-12--12 KAR 5:030}

Section 1. Producers' milk samples to be tested for payment purposes shall at all times be under the care of, and only be physically handled by, a licensed sampler-weigher or a licensed tester.

(1) The license requirement for the physical handling of milk samples to be tested for payment purposes excludes the shipping of samples via a commercial carrier. In these cases, the samples shall be packaged, the shipping container sealed, and unpacked by licensed sampler-weighers or licensed testers; and

(2) Milk samples shall be physically handled, stored, and shipped in a manner to maintain their integrity. The sample shall be maintained in a temperature range of 0.5-4.40C (33-400 F).

Section 2. Milk-receiving stations, laboratories, transfer stations, and processors shall provide adequate storage for milk samples.

(1) These locations shall provide a minimum storage capacity for samples representing at least three (3) days bulk-milk shipments; and

(2) Sample storage refrigerators shall be monitored daily with an accurate thermometer to ensure the proper temperature. The monitoring shall be documented with:

(a) A recording device; or

(b) A licensed sampler-weigher or licensed tester who shall keep a daily record that includes:

Date;
Time (including a.m. or p.m.);
Temperature; and
The sampler-weigher's or tester's initials.

History

RELATES TO: KRS 260.775-260.845, 260.992
STATUTORY AUTHORITY: KRS 260.825(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.825(1) requires the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for the efficient enforcement of KRS 260.775 through 260.845 regarding milk. This administrative regulation establishes criteria and procedures for the physical handling and storage of milk samples that will be tested for payment purposes.
History: AES-CL 13, 17, 23; 1 Ky.R. 1233; eff. 7-2-75; Am. 11 Ky.R. 613; eff. 11-13-84; 15 Ky.R. 1120; 1456; eff. 11-23-88; 27 Ky.R. 1853; eff. 3-19-2001; 47 Ky.R. 744, 1353; eff. 2-9-2021.

12 KAR 5:040 Sampling and weighing {#sec-12-kar-5-040 omnilex-key=us-ky-regs-official--title-12--12 KAR 5:040}

Section 1. Each bulk farm tank shall be separately sampled and weighed. If a producer has multiple bulk farm tanks, samples and weights shall be obtained for each tank and the information recorded separately in the sampler-weigher's records.

Section 2. Sampler-weigher Equipment. A sampler-weigher shall use the following equipment in his sampling and weighing procedures:

(1) A sample case shall:

(a) Be rigidly constructed and insulated for safe transportation of the samples;

(b) Have ample space to hold samples;

(c) Maintain a refrigerant that is needed to cool and maintain the samples at a temperature range of 0.5-4.40 C (33-400 F);

(d) Contain a rack or float to keep the samples in an upright position and to keep the neck and the top of each sample container above the surface of the cooling medium; and

(e) Maintain a refrigerant at the level of the milk in the sample containers;

(2) Sample containers shall be clean, dry, and sterile. Sample vials shall have leak-proof caps and may be made of glass or molded, rigid plastic. Plastic bags may also be used if approved based on sterility. The sample containers shall hold a minimum of one (1) ounce of milk and provide sufficient air space for processing the sample in the laboratory;

(3) A sample dipper or other sampling device of sanitary construction. The sampling device shall be stored in a receptacle containing a sanitizing solution. To be used, both the sampling device and the sanitizing solution shall be approved by the Milk Safety Branch of the Cabinet for Health Services based on sterility and efficacy;

(4) An accurate dial or digital thermometer;

(5) A waterproof, indelible marker to write information on sample containers;

(6) A watch or other device to time the agitation of the milk in the bulk tank prior to sampling;

(7) An indelible pen to complete the necessary paperwork; and

(8) An adequate supply of bulk milk delivery tickets.

Section 3. Weighing Procedures. While measuring milk volume in farm bulk tanks with a gauge rod inside the tank or an external scale plate with gauge tube on the outside of the tank, the milk shall be motionless. A sampler-weigher shall:

(1) Use the following procedures for measuring milk with a gauge rod on the inside of a bulk tank:

(a) Remove any milk foam from the measurement area by pushing it aside with the rod;

(b) Remove any milk residue from the rod by wiping the rod with a clean, single-service towel. If the milk residue cannot be removed by this method, rinse the rod in warm (not hot) water and again wipe the rod with a single-service towel;

(c) Lower the gauge rod slowly straight down until it reaches a point approximately one-quarter (1/4) inch above its base. Hold the rod in this position for a moment and then ease it down until it seats firmly and naturally in its base;

(d) Raise the gauge rod and immediately read it in a well-lighted area at eye level;

(e) The gauge rod shall be read to the nearest graduation mark on the rod. If the reading is exactly half-way between two (2) graduation marks, read to the nearest even mark; and

(f) Repeat the gauge rod reading until two (2) readings are in agreement and record the reading;

(2) Use the following procedures for measuring milk with an external scale plate and gauge tube on the outside of a bulk milk tank:

(a) If milk is in the external scale plate's gauge tube, it shall be drained and refilled with cold milk. The tube shall be clean and dry prior to filling it with milk;

(b) To fill the gauge tube, open the outlet valve slowly to prevent foaming of milk as it fills the tube;

(c) After the milk from the bottom of the tank fills the tube, read the highest point of the center of the milk's meniscus as the measuring point to compare to the scale plate;

(d) The scale plate shall be read to the nearest graduation mark. If the reading is exactly half-way between two (2) graduation marks, read to the nearest even mark; and

(e) Repeat the scale plate and gauge tube reading until two (2) readings are in agreement and record the reading;

(3) Promptly convert the volume reading of the bulk milk tank to milk weight using the tank's conversion chart. The conversion shall be repeated until two (2) conversions are in agreement. Record the milk weight; and

(4) Procedures for weighing farm bulk milk in tanks that are not equipped with a gauge shall be approved by the director.

Section 4. Sampler-weigher Records. A sampler-weigher shall prepare and account for records pertaining to milk he samples and weighs.

(1) Sampler-weigher records shall include;

(a) Bulk milk delivery tickets;

(b) Producer barn charts;

(d) Any other record relating to bulk milk sampling and weighing activities.

(2) All records relating to sampler-weigher's daily activities shall be legible and written in indelible ink. Changes or corrections to records shall be made by drawing a single line through the entry and writing the correction nearby. Any changes or corrections shall be dated and initialed.

(3) Bulk milk delivery tickets shall accompany all loads of milk to milk-receiving stations, transfer stations, and processors and shall include:

(a) Identification of the handler;

(b) Identification of the milk-receiving station, transfer station, or processor;

(d) Producer identification (and tank identification if the producer has multiple tanks);

(e) Time of pickup (including a.m. or p.m.);

(f) Temperature of the milk;

(g) Milk volumetric reading;

(h) Converted milk weight;

(i) Any comments related to unusual circumstances; and

(j) Sampler-weigher's signature.

(4) A sampler-weigher shall record the following information on producer barn charts for each tank sampled and weighed:

(a) Date;

(b) Time (including a.m. or p.m.);

(d) Milk volumetric reading;

(e) Converted milk weight; and

(f) Sampler-weigher's signature or initials.

(5) If more than one (1) sampler-weigher samples and weighs producers' milk for one (1) truckload, each sampler-weigher shall sign the bulk milk delivery ticket, regardless of who delivers the load to the milk-receiving station, transfer station, or processor.

Section 5. Sampling Procedures. A sampler-weigher shall use the following procedures to obtain a representative sample from a producer's standard farm bulk tank:

(1) Each sample container shall be permanently marked with waterproof, indelible ink and shall be identified with the following information:

(a) Producer identification (and tank identification if the producer has multiple tanks);

(b) Date;

(d) Milk temperature; and

(e) Sampler-weigher's initials;

(2) Milk in the bulk tank shall be agitated sufficiently to provide a homogenous blend and to obtain a representative sample. A minimum of five (5) minutes of agitation time shall be required for tanks with less than a 1000 gallon capacity. Tanks with a 1000 gallon capacity or larger shall be agitated a minimum of ten (10) minutes;

(3) To eliminate moisture and sanitizing solutions, the sampling device shall be rinsed with milk at least twice prior to taking samples;

(4) The milk shall be transferred from the sampling device to the sterile sample container away from the opening of the farm bulk tank. The container shall be filled to approximately three-fourths (3/4) full or to the container's "fill line." Enough air space shall be left in the container to allow the sample to be adequately mixed at the laboratory. After the milk has been transferred to the sample container, the container shall be tightly sealed and immediately placed in the sample case with appropriate refrigerant;

(5) At the time of sampling the first bulk milk tank on the sampler-weigher's route, an additional sample shall be collected for temperature determination. This sample's container shall be identified with the information established in subsection (1) of this section and with adequate information to identify the sample as the temperature control;

(6) Any additional or special samples obtained on the sampler-weigher's route shall be clearly and specifically identified with waterproof, indelible markings stating the purpose of the sample;

(7) Sampling procedures for nonstandard or sealed farm bulk milk tanks shall be approved by the director based on accuracy and sanitation; and

(8) Milk samples shall be under a sampler-weigher's immediate care at all times until the samples are delivered to the milk-receiving station, transfer station, or processor.

Section 6. Load Sample. A sampler-weigher shall obtain a load sample from the tank on the truck immediately after the last producer's milk is pumped into the truck's tank.

(1) The load sample shall be taken from the porthole at the top of the tank on the truck using a sanitized sampling device. Care shall be taken to prevent any foreign material from entering the porthole. The load-sample container shall be identified with:

(a) Adequate information to identify the sample as the load-sample;

(b) Date;

(d) Sampler-weigher's initials; and

(e) The milk truck's assigned tanker number.

(2) The load sample shall be used for comparisons of the load sample and individual producer's samples for the purpose of grading and evaluation of the sampler-weigher's competency in sampling.

(3) The load sample shall be taken by all bulk sampler-weighers in addition to, not in lieu of, any other load samples required by the milk handler, transfer station, receiving station, or processor.

Section 7. Sample Set. A sample for each producer bulk milk tank, a temperature control sample, and a load sample shall accompany each load of milk to its final receiving station, transfer station, or processor. A sampler-weigher might need to obtain multiple samples for his bulk milk route to meet this requirement.

Section 8. Milk Sample Transfer Procedures. To expedite the transport of samples to the appropriate laboratory, a sampler-weigher shall follow these procedures:

(1) For bulk milk deliveries to locations where producers' milk samples are routinely transported from the receiving station, transfer station, or processor to the appropriate laboratory; a sampler-weigher shall properly place the samples in the location's sample storage refrigerator or refrigerated sample storage case after the bulk load of milk has been determined to be acceptable; or

(2) For bulk delivery if producer's milk samples are not routinely transported from the receiving station, transfer station, or processor to the appropriate laboratory, a sampler-weigher shall follow written sample transfer procedures established by the licensed handler or handlers who issue payments to producers on the sampler-weigher's route or routes. Written sample transfer procedures shall be approved by the director based on sanitation.

History

RELATES TO: KRS 260.775-260.845, 260.992
STATUTORY AUTHORITY: KRS 260.825(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.825(1) requires the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for the efficient enforcement of KRS 260.775 through 260.845 regarding milk. This administrative regulation establishes procedures for milk sampler-weighers for accurately sampling and weighing milk in farm bulk tanks.
History: AES-CL 13; 1 Ky.R. 1234; eff. 7-2-75; Am. 11 Ky.R. 615; eff. 11-13-84; 15 Ky.R. 1122; eff. 11-23-88; 27 Ky.R. 1854; eff. 3-19-2001; 47 Ky.R. 745, 1353; eff. 2-9-2021.

12 KAR 5:050 Inspections {#sec-12-kar-5-050 omnilex-key=us-ky-regs-official--title-12--12 KAR 5:050}

Section 1. A milk handler, laboratory, and transfer station shall be inspected and evaluated for compliance with KRS 260.775 through 260.845. The director shall provide written notice to the appropriate licensee to correct any observed discrepancies. Unsatisfactory compliance shall be dealt with in accordance with KRS 260.775 through 260.845 and 260.992.

Section 2. A sampler-weigher shall be inspected and evaluated for compliance with KRS 260.775 through 260.845.

(1) A sampler-weigher's records, equipment, samples, and procedures shall be examined to determine compliance.

(2) Milk samples obtained by a sampler-weigher may be collected and analyzed by the director to assist in the evaluation of the sampler-weigher's activities.

(a) Results of these analyses may be used to make comparisons among and between these samples. These comparisons may include the use of milk-component test results and other test results pertaining to milk quality and composition.

(b) Results of these analyses may be used to determine the amount of milkfat on a load of bulk milk as represented by the individual producer's bulk-tank samples and weights and as represented by the load sample and the sum of individual producers' bulk-tank weights. The deviation of the milkfat on the bulk milk load between these two (2) comparisons may, in part, determine the evaluation of the sampler-weigher.

(c) The deviation between the weight of the load of bulk milk represented by the sum of the individual producer's bulk-tank weights and, if available, the weight of the load of bulk milk as determined by an accurate scale or meter may, in part, determine the evaluation of the sampler-weigher. The scale or meter used in this determination shall be well maintained and approved by an accredited scale maintenance firm or appropriate government agency.

(3)

(a) If there is a deviation between milkfat as represented by the load sample and the sum of the individual producers' bulk tank milkfat weights used in the evaluation of an inspection of a sampler-weigher, a grade shall be assigned. Grades shall be based on the difference between sum of milkfat weights from all bulk tanks on the load and pounds of milkfat calculated from the load sample. The grading scale shall be:

A: excellent (0.50% or less);
B: good (0.51 to 1.00%);
C: poor (1.01 to 2.00%); and
D: unsatisfactory (above 2.00%).

(b) Noncompliance with KRS 260.775 through 260.845 and 12 KAR Chapter 5 shall result in a D grade inspection.

(4) A sampler-weigher who receives three (3) "D" grade inspections within a twelve (12) month period shall be required to attend the next scheduled one (1) day sampler-weigher training school and take a written examination administered by the director. This shall not prevent the director from taking other actions under KRS 260.775 through 260.845 and 260.992 for a sampler-weigher who receives a D grade inspection or who otherwise is not in compliance with KRS 260.775 through 260.845 and 260.992.

Section 3. A tester shall be inspected and evaluated for compliance with KRS 260.775 through 260.845.

(1) A tester's records, equipment, and procedures shall be examined, in part, to determine compliance.

(2) The results of a tester's analyses may be compared to results of the director's analyses. The deviation between these results shall, in part, determine compliance. The director shall provide written notice to the tester and to the licensed laboratory employing the tester to correct any discrepancies. Unsatisfactory compliance shall be dealt with in accordance with KRS 260.775 through 260.845 and 260.992.

History

RELATES TO: KRS 260.775-260.845, 260.992
STATUTORY AUTHORITY: KRS 260.825(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.825(1) requires the Director of the Kentucky Agricultural Experiment Station to promulgate administrative regulations necessary for the effective enforcement of KRS 260.775 through 260.845 regarding milk. This administrative regulation establishes a basis for monitoring licensed milk handlers, laboratories, transfer stations, sampler-weighers, and testers to ensure that these licensees are in compliance with KRS 260.775 through 260.845.
History: AES-CL-18; 1 Ky.R. 1235; eff. 7-2-1975; Am. 15 Ky.R. 1123; eff. 11-23-1988; 27 Ky.R. 1857; 2420; eff. 3-19-2001; 47 Ky.R. 747, 1355; eff. 2-9-2021.

12 KAR 5:060 Purchases from farm bulk tanks {#sec-12-kar-5-060 omnilex-key=us-ky-regs-official--title-12--12 KAR 5:060}

Section 1. A licensed bulk milk handler or licensed transfer station shall review bulk milk delivery tickets to ensure compliance with KRS 260.775 through 260.845.

(1) A bulk-milk delivery ticket representing a load of milk for a permitted Kentucky producer shall be examined to ensure that a licensed sampler-weigher sampled and weighed the milk.

(2) A bulk-milk delivery ticket representing a shipment of milk from a producer shall be examined for compliance with 12 KAR 5:040, Section 4(3).

(3) Discrepancies shall be reported to the director.

Section 2. Personnel at a licensed laboratory who test permitted producers' samples for pay purposes shall review the information recorded on sample containers to ensure compliance with 12 KAR 5:040, Section 5(1). An agent of the laboratory shall report discrepancies to the director.

Section 3. Licensed Milk Handler Reporting Requirements.

(1) Each licensed milk handler shall submit to the director an accurately-completed Kentucky Farm Milk Handlers Report each quarter with payment of inspection fee as required by KRS 260.821.

(2) Each licensed milk handler who issues payments to permitted producers shall submit to the director, upon request, a current list of these permitted producers to whom payments are being issued. The list shall be submitted with the Application for License to Handle Milk, incorporated by reference in 12 KAR 5:010, and shall be updated when the handler submits its quarterly Kentucky Farm Milk Handlers Report. The listing shall include the following information about each permitted producer:

(a) Name;

(b) Identification number issued by the handler if different from permit number; and

Section 4. A licensed milk handler who issues payments to permitted producers shall submit to the director, upon request, a copy of each permitted producer's bulk-tank conversion chart or charts to whom they issue payments. These charts may be reviewed by the director to determine if a permitted producer's bulk milk has been accurately weighed by sampler-weighers.

Section 5. Incorporation by Reference.

(1) The following material is incorporated by reference: "Kentucky Farm Milk Handlers Report", July 2020, Division of Regulatory Services.

(2) This material may be inspected, copied or obtained, subject to copyright law, at the Division of Regulatory Services, College of Agriculture, 103 Regulatory Services Building, University of Kentucky, Lexington, Kentucky 40546-0275, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 260.775-260.845, 260.992
STATUTORY AUTHORITY: KRS 260.825(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.825(1) requires the Director of the Kentucky Agricultural Experiment Station to promulgate administrative regulations necessary for the effective enforcement of KRS 260.775 through 260.845 regarding milk. This administrative regulation establishes criteria for recordkeeping and reporting practices to ensure that bulk farm milk is fairly and accurately marketed.
History: AES-CL-24; 1 Ky.R. 1235; eff. 7-2-75; Am. 15 Ky.R. 1124; eff. 11-23-88; 27 Ky.R. 1858; 2421; eff. 3-19-2001; 47 Ky.R. 749, 1356; eff. 2-9-2021.

12 KAR 5:070 Uniform standards for payment {#sec-12-kar-5-070 omnilex-key=us-ky-regs-official--title-12--12 KAR 5:070}

Section 1. Number of Samples Required for Milk Component Testing for Pay Purposes.

(1) Grade A milk producers shall be paid based on calculations of component tests from a minimum of five (5) bulk tank samples representative of and spaced throughout the monthly pay period.

(2) Manufacturing grade milk producers shall be paid based on calculations from a minimum of three (3) bulk tank samples representative of and spaced throughout the fifteen (15) day pay period.

(3) Payment calculations for producers with multiple farm bulk tanks shall be made for each tank separately or shall include a weighted-average computation. A daily weighted average shall be based on a test from a sample representing each farm bulk tank and a recorded weight for each farm bulk tank.

Section 2. Pay Records.

(1) Written records shall be recorded legibly in ink by an agent of the handler and:

(a) Each page shall be signed and dated by a responsible person; and

(b) Changes or corrections to records shall be made by drawing a single line through the entry and writing the corrected entry nearby. Any changes or corrections shall be dated and initialed.

(2) Persons who use electronic systems to create, modify, maintain, or transmit records relating to milk samples, weights, tests, or payments shall employ procedures and controls designed to ensure the authenticity and integrity of the records. Procedures and controls shall include:

(a) The ability to generate accurate and complete copies of records in printed and electronic form that shall be suitable for inspection, review, and copying by the director;

(b) Protection of records to enable their accurate and ready retrieval throughout the retention period of the records;

(d) Determination that persons who develop, maintain, or use electronic systems have the training and qualifications to perform assigned tasks;

(e) Protection to deter record falsification; and

(f) Holding a person responsible for electronic records.

(3) The consolidated pay records shall be compiled from the sampler-weigher's weight records, valid laboratory test records, and other factors affecting the price. All records relating to payments shall be properly documented and retained for at least a two (2) year period.

(4) A statement that agrees with the pay record shall be provided to each permitted producer with the final payment for each month. The statement shall include:

(a) Dates covered by payment;

(b) Amount of milk paid for;

(d) Test results and component yield used to calculate payment; and

(e) Any deductions.

History

RELATES TO: KRS 260.775-260.845, 260.992
STATUTORY AUTHORITY: KRS 260.825(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 260.825(1) requires the Director of the Kentucky Agricultural Experiment Station to promulgate administrative regulations necessary for the effective enforcement of KRS 260.775 through 260.845 regarding milk. This administrative regulation establishes criteria for uniform standards of payment for producer milk.
History: AES-CL 13, 21, 22; 1 Ky.R. 1235; eff. 7-2-75; Am. 15 Ky.R. 1125; eff. 11-23-88; 27 Ky.R. 1859; 2421; eff. 3-19-2001; 47 Ky.R. 750, 1356; eff. 2-9-2021.

Title 12 KAR — Agriculture Experiment Station

Chapter 1 Seed

12 KAR 1:116 Sampling, analyzing, testing, and tolerances {#sec-12-kar-1-116 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:116}

12 KAR 1:120 Noxious weed seed {#sec-12-kar-1-120 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:120}

12 KAR 1:125 Identification of seed not for sale {#sec-12-kar-1-125 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:125}

12 KAR 1:130 Labeling of seed mixtures {#sec-12-kar-1-130 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:130}

12 KAR 1:134 Seed tags available for purchase from the director {#sec-12-kar-1-134 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:134}

12 KAR 1:140 Permits, reports, and fees for persons using own tags {#sec-12-kar-1-140 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:140}

12 KAR 1:144 Registration of agricultural seed dealers, noncertified custom seed conditioners, certified seed growers, and certified seed conditioners {#sec-12-kar-1-144 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:144}

12 KAR 1:149 Stop sale orders {#sec-12-kar-1-149 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:149}

12 KAR 1:155 Schedule of charges for samples submitted for testing {#sec-12-kar-1-155 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:155}

12 KAR 1:160 Seed not required to be labeled by variety name {#sec-12-kar-1-160 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:160}

12 KAR 1:164 Germination standards for vegetable seed {#sec-12-kar-1-164 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:164}

12 KAR 1:170 Germination standards for flower seed {#sec-12-kar-1-170 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:170}

12 KAR 1:175 Seed certification in Kentucky {#sec-12-kar-1-175 omnilex-key=us-ky-regs-official--title-12--12 KAR 1:175}

Chapter 2 Commercial Feeds

12 KAR 2:006 Definitions for 12 KAR Chapter 2 {#sec-12-kar-2-006 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:006}

12 KAR 2:011 Label format {#sec-12-kar-2-011 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:011}

12 KAR 2:016 Brand and product names {#sec-12-kar-2-016 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:016}

12 KAR 2:017 Product purpose statement {#sec-12-kar-2-017 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:017}

12 KAR 2:018 Guaranteed analysis {#sec-12-kar-2-018 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:018}

12 KAR 2:021 Expression of guarantees {#sec-12-kar-2-021 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:021}

12 KAR 2:026 Ingredients {#sec-12-kar-2-026 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:026}

12 KAR 2:031 Directions for use and precautionary statements {#sec-12-kar-2-031 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:031}

12 KAR 2:036 Non-protein nitrogen {#sec-12-kar-2-036 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:036}

12 KAR 2:041 Drug and feed additives {#sec-12-kar-2-041 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:041}

12 KAR 2:046 Poisonous or deleterious substances {#sec-12-kar-2-046 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:046}

12 KAR 2:051 Manufacturing conditions {#sec-12-kar-2-051 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:051}

12 KAR 2:056 List of manufacturers {#sec-12-kar-2-056 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:056}

12 KAR 2:061 Registration {#sec-12-kar-2-061 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:061}

12 KAR 2:066 Suitability {#sec-12-kar-2-066 omnilex-key=us-ky-regs-official--title-12--12 KAR 2:066}

Chapter 3 Pet Food

12 KAR 3:007 Definitions for 12 KAR Chapter 3 {#sec-12-kar-3-007 omnilex-key=us-ky-regs-official--title-12--12 KAR 3:007}

12 KAR 3:012 Label format and labeling {#sec-12-kar-3-012 omnilex-key=us-ky-regs-official--title-12--12 KAR 3:012}

12 KAR 3:017 Brand and product names {#sec-12-kar-3-017 omnilex-key=us-ky-regs-official--title-12--12 KAR 3:017}

12 KAR 3:022 Expression of guarantees {#sec-12-kar-3-022 omnilex-key=us-ky-regs-official--title-12--12 KAR 3:022}

12 KAR 3:027 Ingredients {#sec-12-kar-3-027 omnilex-key=us-ky-regs-official--title-12--12 KAR 3:027}

12 KAR 3:028 Descriptive terms {#sec-12-kar-3-028 omnilex-key=us-ky-regs-official--title-12--12 KAR 3:028}

12 KAR 3:032 Feeding directions {#sec-12-kar-3-032 omnilex-key=us-ky-regs-official--title-12--12 KAR 3:032}

12 KAR 3:037 Drugs and pet food additives {#sec-12-kar-3-037 omnilex-key=us-ky-regs-official--title-12--12 KAR 3:037}

12 KAR 3:039 Nutritional adequacy {#sec-12-kar-3-039 omnilex-key=us-ky-regs-official--title-12--12 KAR 3:039}

12 KAR 3:042 Statements of calorie content {#sec-12-kar-3-042 omnilex-key=us-ky-regs-official--title-12--12 KAR 3:042}

Chapter 4 Fertilizer

12 KAR 4:075 Licenses and fertilizer product registration {#sec-12-kar-4-075 omnilex-key=us-ky-regs-official--title-12--12 KAR 4:075}

12 KAR 4:080 Plant nutrient guarantees and labeling {#sec-12-kar-4-080 omnilex-key=us-ky-regs-official--title-12--12 KAR 4:080}

12 KAR 4:100 Slowly released nutrients; labeling {#sec-12-kar-4-100 omnilex-key=us-ky-regs-official--title-12--12 KAR 4:100}

12 KAR 4:110 Definitions for 12 KAR Chapter 4 {#sec-12-kar-4-110 omnilex-key=us-ky-regs-official--title-12--12 KAR 4:110}

12 KAR 4:130 Investigational allowances {#sec-12-kar-4-130 omnilex-key=us-ky-regs-official--title-12--12 KAR 4:130}

12 KAR 4:140 Monetary penalties {#sec-12-kar-4-140 omnilex-key=us-ky-regs-official--title-12--12 KAR 4:140}

12 KAR 4:170 Maximum chlorine guarantees for tobacco fertilizers {#sec-12-kar-4-170 omnilex-key=us-ky-regs-official--title-12--12 KAR 4:170}

Chapter 5 Milk and Cream

12 KAR 5:010 Licenses {#sec-12-kar-5-010 omnilex-key=us-ky-regs-official--title-12--12 KAR 5:010}

12 KAR 5:020 Testing {#sec-12-kar-5-020 omnilex-key=us-ky-regs-official--title-12--12 KAR 5:020}

12 KAR 5:030 Test samples {#sec-12-kar-5-030 omnilex-key=us-ky-regs-official--title-12--12 KAR 5:030}

12 KAR 5:040 Sampling and weighing {#sec-12-kar-5-040 omnilex-key=us-ky-regs-official--title-12--12 KAR 5:040}

12 KAR 5:050 Inspections {#sec-12-kar-5-050 omnilex-key=us-ky-regs-official--title-12--12 KAR 5:050}

12 KAR 5:060 Purchases from farm bulk tanks {#sec-12-kar-5-060 omnilex-key=us-ky-regs-official--title-12--12 KAR 5:060}

12 KAR 5:070 Uniform standards for payment {#sec-12-kar-5-070 omnilex-key=us-ky-regs-official--title-12--12 KAR 5:070}

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