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AN ACT relating to agricultural operation interference. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘SECTION 1. A NEW SECTION OF KRS CHAPTER 511 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Commercial food manufacturing or processing facility" means a 6
commercial facility in which food is manufactured, processed, or packaged 7
for human consumption, but does not include retail food establishments, 8
home-based processors, or home-based microprocessors as those terms are 9
defined in KRS 217.015; 10
(b) "Concentrated animal feeding operation" has the same meaning as in 40 11
C.F.R. sec. 122.23; 12
(c) "Operate" has the same meaning as in KRS 183.011; and 13
(d) 1. "Unmanned aircraft" means an expendable or recoverable aircraft 14
that is autonomous or remotely operated without the possibility of 15
direct human intervention from within or on the aircraft. 16
2. "Unmanned aircraft" does not include any unmanned aircraft used 17
by any federal, state, or local government law enforcement agency, 18
emergency medical service agency, disaster management agency, 19
hazardous materials response team, or other emergency management 20
agency for the purposes of incident command, area reconnaissance, 21
personnel and equipment deployment monitoring, training, or related 22
purposes. 23
(2) A person is guilty of agricultural operation interference when, without formal 24
written consent of the owner or authorized representative of the concentrated 25
animal feeding operation or commercial food manufacturing or processing 26
facility, he or she: 27 UNOFFICIAL COPY 24 RS BR 3
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(a) Operates an unmanned aircraft, video recording device, audio recording 1
device, or photography equipment on or above property containing a 2
concentrated animal feeding operation or commercial food manufacturing 3
or processing facility; or 4
(b) Knowingly records, photographically, electronically, or otherwise, any part, 5
procedure, or action of a concentrated animal feeding operation or 6
commercial food manufacturing or processing facility. 7
(3) Agricultural operation interference is a Class B misdemeanor. 8
(4) This section does not apply to any federal, state, or local government law 9
enforcement or regulatory officer or employee while the officer or employee is 10
engaged in the performance of his or her official duties. 11