"Kentucky Proud Promotional Program Application & Agreement" - Kentucky

Kentucky Proud Promotional Program Application & Agreement is a legal document that was released by the Kentucky Department of Agriculture - a government authority operating within Kentucky.

Form Details:

  • Released on January 1, 2020;
  • The latest edition currently provided by the Kentucky Department of Agriculture;
  • Ready to use and print;
  • Easy to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a printable version of the form by clicking the link below or browse more documents and templates provided by the Kentucky Department of Agriculture.

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Download "Kentucky Proud Promotional Program Application & Agreement" - Kentucky

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Kentucky Department of Agriculture
K
P
® P
P
ENTUCKY
ROUD
ROMOTIONAL
ROGRAM
111 Corporate Drive | Frankfort, KY 40601
Phone: (502) 782-4129
www.kyproud.com
2020 Application & Agreement
As referenced by KRS 260.030 a primary function of the Office of Marketing and Product Promotion is to “promote the
sale of Kentucky-grown products locally and in domestic and international markets.” The Kentucky Proud marketing
program assists Kentucky producers in marketing Kentucky grown, processed or manufactured agricultural products
locally, nationally, and internationally.
Instructions: Please complete all information, including physical and mailing addresses, release statements, and
business and product information details.
Business Information
Company / Farm Name:
Contact Name:
Physical Address (No PO Boxes):
City:
County:
State:
Zip:
Phone:
(
)
-
Mobile:
(
)
-
Fax:
(
)
-
Website:
Email:
Mailing Address (If different from Physical Address)
Mailing Address:
City:
County:
State:
Zip:
Final Approval from Department of Agriculture (Office Use Only)
The applicant has met the requirements of the Kentucky Proud® logo program and is granted a license to use the
Kentucky Proud® logo.
_____________________________________________________________________________________
Signature and Title
Date
Kentucky Proud Application
Revised 1/2020
- 1-
Kentucky Department of Agriculture
K
P
® P
P
ENTUCKY
ROUD
ROMOTIONAL
ROGRAM
111 Corporate Drive | Frankfort, KY 40601
Phone: (502) 782-4129
www.kyproud.com
2020 Application & Agreement
As referenced by KRS 260.030 a primary function of the Office of Marketing and Product Promotion is to “promote the
sale of Kentucky-grown products locally and in domestic and international markets.” The Kentucky Proud marketing
program assists Kentucky producers in marketing Kentucky grown, processed or manufactured agricultural products
locally, nationally, and internationally.
Instructions: Please complete all information, including physical and mailing addresses, release statements, and
business and product information details.
Business Information
Company / Farm Name:
Contact Name:
Physical Address (No PO Boxes):
City:
County:
State:
Zip:
Phone:
(
)
-
Mobile:
(
)
-
Fax:
(
)
-
Website:
Email:
Mailing Address (If different from Physical Address)
Mailing Address:
City:
County:
State:
Zip:
Final Approval from Department of Agriculture (Office Use Only)
The applicant has met the requirements of the Kentucky Proud® logo program and is granted a license to use the
Kentucky Proud® logo.
_____________________________________________________________________________________
Signature and Title
Date
Kentucky Proud Application
Revised 1/2020
- 1-
Determination of Membership Eligibility
Instructions: Please check all of the following categories below that apply to you and your products. We have provided
definitions to assist you in choosing the appropriate categories for your business and products.
Membership Categories
Membership in the Kentucky Proud marketing program is limited to those who produce or directly serve in a marketing
capacity of Kentucky-grown agricultural products as defined by KRS 260.016. KRS 260.016(1) “Agricultural product”
means any farm product grown, raised, or produced as a result of being in the business of “agriculture” as defined by
KRS 246.010; and (2) “Kentucky-grown agricultural product” means any agricultural product grown, raised, produced,
processed, or manufactured in Kentucky.
Producer/Grower/Breeder
This category is for businesses that produce a Kentucky-grown agricultural product(s). Upon approval,
members in these categories may label their product with the Kentucky Proud logo.
Eligible Membership Categories for Processing, Manufacturing, and Marketing Entities
Applicants that demonstrate a role in the value-chain and the sale(s) of Kentucky-grown agricultural products.
Agritourism Venue
A working farm or any agricultural, horticultural, or agribusiness operation for the purpose of enjoyment,
education or active involvement in the activities of the farm or operation.
A brewery is any place or premise where beer, malt liquor and/or hard ciders are manufactured for sale,
Brewery
and which are registered in the office of any collector of internal revenue for the United States. Breweries
engage in the business of a brewer under the terms and conditions of KRS 243.150
Community Supported
A CSA’s focus is usually on a system of weekly delivery or pick-up of vegetables and fruit, flowers, eggs,
Agriculture Operation
dairy products and/or meat.
(CSA)
A company that manufactures and packages foods for other companies to market and distribute. A co-
Contract Packer or Co-
packer works under contract with the hiring company to manufacture food as though the products were
Packer
manufactured directly by the hiring company.
Cooperative
An enterprise or organization owned by and operated for the benefit of those using its services.
A distillery is any place or premise where distilled spirits are manufactured for sale, and which are
Distillery
registered in the office of any collector of internal revenue for the United States. It includes any United
States government bonded warehouse. Distilled spirits means any product capable of being consumed by
a human being which contains alcohol in excess of the amount permitted by KRS Chapter 242 obtained by
distilling, mixed with water or other substances in solution, except wine, hard cider, and malt beverages.
Distributor/Wholesaler
Person or firm that buys large quantity of goods from various producers or vendors, warehouses them, and
resells to retailers. Wholesalers who carry only non-competing goods or lines are called distributors.
Farmers' Market
A prescribed location(s) where two or more producers gather on set days/times to sell products that they
grow/produce directly to consumers. Though the market may allow other types of sales, the sale of
agriculture products grown or produced by the seller or their family should be the primary business of the
market. If the location sells for other farmers who are not present, then review the definitions of produce
market/roadside market and on-farm market.
Food Service
The practice or business of making, transporting, and serving or dispensing prepared foods, as in a
restaurant or commissary.
Garden Center
Retailer of flowers, trees, shrubs and/or ornamental landscape products.
Greenhouse
A greenhouse is a building with glass walls and roof for the cultivation and exhibition of plants and plant
products under controlled conditions. The definition of plants and plant products is the same for
greenhouses as it is for nurseries.
Grocery
A store established primarily for the retailing of food items. This includes produce markets and
convenience stores along with the traditional grocery store.
Hospital
An institution that provides medical, surgical, or psychiatric care and treatment for the sick or the injured.
Manufacturer
A person, an enterprise, or an entity that manufactures something.
Kentucky Proud Application
Revised 1/2020
- 2-
Nursery
A nursery is any grounds or premises on or in which nursery stock is processed and grown, or from which
nursery stock is collected for sale, or any grounds or premises on or in which nursery stock is being
fumigated, treated, packed, or stored. Nursery stock means all field or container-grown and native trees,
sod, shrubs, herbaceous perennials, vines, cuttings, grafts, scions, buds, fruit-pits, and other seeds of fruit
and ornamental trees and shrubs; also other plants and plant products for, or capable of, propagation,
excepting field, vegetable, and flower seeds, bedding plants, bulbs, and roots. Plant and plant products
means any trees, shrubs, vines, foliage and cereal plants, and fruit, vegetables, roots, bulbs, seeds, wood,
lumber, and all other parts of plant or plant products.
On-Farm Market
An on-farm market is located on the producer’s farm and may carry its own produce and value-added
products and the products of others.
Producer Group
An organization, association, or network of producers that utilizes a common marketing system. Example:
CPH-45.
Restaurant
A retail establishment that serves prepared food and drink to customers. Service is generally for eating on
premises, though the term has been used to describe take-out establishments and food delivery services.
The term covers many types of venues and a diversity of styles of cuisine and service.
Retailer
Any retail outlet that carries Kentucky Proud items that does not fit the other categories such as grocery,
garden center, or roadside market.
Roadside Farm Market
A store or stand registered with Kentucky Farm Bureau that sells primarily produce and locally produced
value-added products. This produce may be from local farmers or from other sources. This marketplace is
different from a grocery store because it sells primarily produce.
School
An institution for the instruction of children or people.
A winery means any place or premises in which wine is manufactured from any fruit, or brandies are
Winery
distilled as a by-product of wine of other fruit, or cordials are compounded. Wine means the product of
the normal alcoholic fermentation of the juices of fruits, with the usual process of manufacture and normal
additions, and includes champagne and sparkling and fortified wine of an alcoholic content not to exceed
twenty-four (24%) by volume. It includes cider, hard cider, and perry cider and also includes preparations
or mixtures vended in retail containers if these preparations or mixtures contain not more than fifteen
percent (15%) of alcohol by volume. It includes ciders, perry, or sake having an alcohol content greater
than that permitted under KRS 241.010 subsection (2)(i).
All Other Applicants
Those that do not qualify in the above categories that wish to promote the Kentucky Proud brand in their business or
marketing strategies and support Kentucky agriculture.
Supporter
A business entity or organization supporting the goals and mission of the Kentucky Department of
Agriculture. Kentucky Proud Supporters are prohibited from using the Kentucky Proud logo on individual
products and promotions but are granted limited rights to logo usage. For further clarification of eligible logo
usage, please contact our office.
Other Details
1. Are the major ingredients of your products being grown/raised in Kentucky?  Yes  No  N/A
2. Are your products processed in Kentucky?  Yes  No  N/A
3. In what location(s) are your products grown? ____________________________________________
4. In what location(s) are your products processed? ________________________________________
5. In what location(s) are your products packaged? _________________________________________
6. Do state or federal organizations inspect or license your product or facilities?  Yes  No  N/A
Are all licenses, permits, and/or inspections up-to-date?  Yes  No
7. How did you find out about the “Kentucky Proud® Program”?  KDA Website  KDA Staff
Kentucky Proud Application
Revised 1/2020
- 3-
 Tradeshow  Program Participant  Other: ___________________________________________
8. Does your business reside in one of the following counties, and would you like to be part of KDA’s new
marketing program for Eastern Kentucky agriculture:
(Adair, Bath, Bell, Boyd, Breathitt, Carter, Casey, Clark, Clay, Clinton, Cumberland, Edmonson, Elliott, Estill, Fleming, Floyd, Garrard,
Green, Greenup, Harlan, Hart, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, Madison, Magoffin,
Martin, McCreary, Menifee, Metcalfe, Monroe, Montgomery, Morgan, Nicholas, Owsley, Perry, Pike, Powell, Pulaski, Robertson,
Rockcastle, Rowan, Russell, Wayne, Whitley, Wolfe)
 Yes  No  N/A
“Kentucky Proud®” Terms and Conditions (for full members only)
The “Kentucky Proud®” logo may only be used by licensed, qualified applicants on agricultural products grown and/or
processed in Kentucky.
1. Product's major ingredients shall be grown and/or processed in Kentucky.
2. The farm(s) where the ingredients are grown, processing/production facilities, or corporate headquarters shall be
located in Kentucky.
3. Facilities shall meet all State and Federal regulations where applicable. Products shall meet or exceed USDA and/or
State of Kentucky standards where applicable.
4. Logo cannot deviate from its original design or color without prior written approval from the Kentucky Department
of Agriculture, Office for Agricultural Marketing and Product Promotion.
5. The logo shall only be used in association with approved agricultural products for which the major ingredients were
grown and/or processed in Kentucky.
6. The use of the logo is royalty free, but is personal only to the applicant. The logo shall not be reassigned to
another party. The “Kentucky Proud®” symbol is registered with the Kentucky Secretary of State and regulated by
the Kentucky Department of Agriculture.
7. Permission to use the logo may be denied or revoked at any time by the Kentucky Department of Agriculture,
Office for Agricultural Marketing and Product Promotion.
8. The Kentucky Department of Agriculture is in no way liable for, nor does the Department guarantee products using
this logo.
9. Upon approval of the initial application, the Department shall provide artwork for each approved applicant.
Application to use the “Kentucky Proud®” logo
1. Any person, farm, or firm marketing Kentucky grown and/or processed agricultural or food products may submit an
application to use the “Kentucky Proud®“ logo on eligible products.
2. Applicants agree to allow visits to production and/or processing facilities to verify compliance with guidelines
established by the Department.
3. Application shall be made on forms provided by the Kentucky Department of Agriculture or online at
www.kyagr.com.
4. License to use the “Kentucky Proud®” logo shall be granted by Kentucky Department of Agriculture, Office for
Agricultural Marketing & Product Promotion upon approved application. Licenses shall be renewed annually.
5. Applicants shall provide a description of products, packaging and proposed marketing materials. When applicable,
a label and sample of the product in a finished packaged shall be provided. All applicants shall provide a copy of
appropriate licenses, health certifications, or records of inspection by appropriate state or federal agency when
applicable.
Assistance - The Kentucky Department of Agriculture, Office for Agricultural Marketing & Product Promotion shall
provide the following services upon request:
1. Marketing service assistance.
Kentucky Proud Application
Revised 1/2020
- 4-
2. Assistance in Retail, Food Service, and Institutional marketing.
3. Advertising, sales promotions, merchandising, public relations campaigns and special media promotions
throughout the year.
4. Logo promotional materials at-cost.
The Kentucky Department of Agriculture reserves the right to revise these guidelines. The Kentucky Department of Agriculture does not
discriminate on the basis of race, color, national origin, sex, religion, age, disability, sexual orientation, gender identity, veteran status, or genetic
information in accordance with state and federal laws. Reasonable accommodations are provided upon request. Printed with state funds.
Release to Publicize Information
The following contact information will be used in the Kentucky Department of Agriculture’s printed and electronic
marketing materials which include the Kentucky Proud® “Company and Product Search Applications” located on the
Department’s Web site, www.kyproud.com.
Company/Farm Name, Contact Name, Mailing and Physical Address, City, County,
State, Zip, Web site, and Primary Phone.
Please indicate if you would like the following information used in printed and electronic marketing materials:
 Yes  No
Cell Phone
If yes, please provide:
(
)
-
 Yes  No
Email Address:
If yes, please provide:
By entering into the Kentucky Proud® Program, I understand that I am authorizing the Department of Agriculture to
make public my business contact and product information for use to the general public, both in printed and
electronic format. If I choose to opt out of this provision I must indicate so in writing to the Department of
Agriculture.
___________________________________________________________________
_____________________
Signature and Title
Date
Statement of Agreement
Upon approval, I agree to release and hold harmless the Commonwealth of Kentucky, its successors and assigns, and
its directors, officers, employees, and agents from all claims, demands, damages, losses, charges and causes of action
arising or resulting from my participation in the Kentucky Proud® Program.
I have completed the application and read the Kentucky Proud® logo terms and conditions. I agree to follow these
terms and conditions when using the Kentucky Proud® logo, and I certify that my representations in this document
are correct and true to the best of my knowledge.
_______________________________________________________________________________________
Signature and Title
Date
Kentucky Proud Application
Revised 1/2020
- 5-
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