WHEREAS the legislative record clearly reflects a substantial need for the modernisation of agricultural commodity inspection;

WHEREAS recent administrative experience has demonstrated material deficiencies in the statutory scheme pertaining to agricultural commodity inspection;

WHEREAS fiscal prudence and governmental efficiency necessitate the revision of agricultural commodity inspection;

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF KENTUCKY:

SECTION 1. Legislative Findings and Declarations of Policy.

The General Assembly hereby finds that the agricultural commodity inspection in the Commonwealth requires responsive and efficient statutory governance. It is the declared policy of this Commonwealth to ensure that the regulatory framework governing said agricultural commodity inspection is modern, equitable, and aligned with current best practices.

SECTION 2. Enforcement Mechanism.

To the extent practicable and consistent with applicable civil rights laws, the Agency shall endeavour to ensure that the benefits and services authorised under this Act are administered in an equitable and nondiscriminatory manner across all regions and demographic groups within the Commonwealth.
In the event any provision of this Act, or the application thereof to any person or set of circumstances, is held to be invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.

SECTION 3. Penalties for Noncompliance.

The Agency shall, in consultation with the relevant Interim Joint Committee, undertake a comprehensive review of the programme established by this Act no later than four (4) years following its effective date and shall report findings and any recommended statutory modifications to the General Assembly.
Any person who knowingly violates the provisions of this Act, or any administrative regulation promulgated thereunder, shall be subject to a civil penalty not to exceed Five Thousand Dollars ($5,000) per violation per day. The Agency shall have authority to assess such penalties following a duly noticed administrative hearing conducted in conformance with KRS Chapter 13B.

SECTION 4. Legislative Findings and Declarations of Policy.

The General Assembly hereby finds that the agricultural commodity inspection in the Commonwealth requires responsive and efficient statutory governance. It is the declared policy of this Commonwealth to ensure that the regulatory framework governing said agricultural commodity inspection is modern, equitable, and aligned with current best practices.

SECTION 5. Annual Review and Sunset Provision.

In the event any provision of this Act, or the application thereof to any person or set of circumstances, is held to be invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.
Notwithstanding any provision of law to the contrary, any funds appropriated pursuant to this Act shall remain available for expenditure until the conclusion of the fiscal biennium in which they were appropriated, subject to the standard allotment and encumbrance procedures of the Finance and Administration Cabinet.

SECTION 6. Definitions.

"Qualified Entity" means any person or organisation that meets the eligibility criteria established pursuant to Section 3 of this Act.
"Applicant" means any natural person, corporation, partnership, limited liability company, or other legal entity that submits a completed application pursuant to this Act.
"Governing Body" means the county fiscal court, the municipal legislative body, or such other local governmental entity vested with general legislative authority.
"Programme" means the scheme of activities, services, and financial assistance established by this Act and administered by the Agency.
"Fiscal Year" means the twelve-month period commencing on July 1 of each calendar year and terminating on June 30 of the succeeding calendar year.

SECTION 7. Effective Date.

This Act shall take effect ninety (90) days following its enactment into law.

SECTION 8. Severability.

In the event any provision of this Act, or the application thereof to any person or set of circumstances, is held to be invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.