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HB 756

AN ACT relating to small farms and home-based processors.

2026 Regular Session Introduced by Lindsey Burke and 2 co-sponsors

HB 756 preempts stricter local rules for Kentucky small farms and home processors under $1.5M in annual sales, aligning regulation to federal standards only.

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Bill Summary · HB 756

Summary of HB 756 (2026 Regular Session, Kentucky)

Purpose and intent

HB 756 seeks to modernize and limit local regulation of small farms and home-based food processors. The bill defines a “small farm” and prohibits the state, local governments, and health departments from imposing any rule, regulation, certification, or licensing requirement on small farms or home-based processors that is more stringent than what is required under federal law. It also repeals a current state regulation governing home-based food processors.

Key definitions

  • Small farm (new definition within the act):
    • Land used for growing crops or raising livestock;
    • From which a person prepares or sells food products;
    • Gross sales not exceeding $1,500,000 in a single year from livestock products, crops, or sale of food products.

Main provisions

  1. Preemption of more stringent regulation

    • The state and any political subdivision (cities, counties, urban-county governments, consolidated or unified local governments, charter counties) and health departments may not impose any rule, administrative regulation, certification, or licensing requirement on a small farm or home-based processor that is not required under federal law.
    • This creates a federal-law baseline floor for regulation, with stricter local rules effectively barred.

  2. Elimination of existing home-based processor regulation

    • HB 756 repeals KRS 217.136, which currently governs home-based food processors, including exemptions from certain permits and labeling laws, inspections, and a registration system.

Who would be affected

  • Small farms and home-based processors in Kentucky that meet the defined criteria (notably the $1.5 million annual gross sales cap):
    • Would be protected from local- or state-level rules that are more stringent than federal requirements.
    • Would be subject only to federal compliance standards for their activities.
  • Local governments and health departments:
    • Would have no new authority to impose more stringent regulations on small farms and home-based processors than those required by federal law.
    • Any existing local ordinances that are more stringent could become unenforceable for qualifying entities.

Fiscal and procedural aspects

  • Fiscal impact: Expected to be minimal or none for local governments. The measure would not create new regulatory duties but would limit enforcement of stricter local regulations.
  • Effective scope: The law would apply to all states, cities, counties, and health departments within Kentucky, as well as charter, consolidated, unified local governments, and urban-county governments.
  • Legal housekeeping: Repealing the current home-based processor regulation (KRS 217.136) and codifying the new preemption framework in a new section within KRS 217.015–217.215.

Timeline and status

  • Introduced in the Kentucky House (HB 756) and referred to Agriculture Committee.
  • Action history indicates consideration in early 2026, with potential committee referrals and legislative review ongoing.

Practical implications

  • Small farms and home-based processors that stay below the $1.5 million annual gross sales threshold would benefit from a more predictable regulatory environment aligned with federal standards.
  • Local governments would need to adjust or sunset any more restrictive ordinances, potentially reducing regulatory variability but also limiting local oversight that some communities may rely upon.
  • Farms or processors exceeding the sales threshold could retain existing or pursue other applicable state/federal regulations, as HB 756’s protections apply specifically to qualifying entities.

Compiled from official sources — confirm details with the bill’s official record.

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