2014 Kentucky Revised Statutes CHAPTER 217 - FOODS, DRUGS, AND POISONS 217.125 Authority of secretary and cabinet to promulgate administrative regulations -- Permits required for food establishment, service, processing, storage, and distribution operations -- Fees.
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217.125 Authority of secretary and cabinet to promulgate administrative
regulations -- Permits required for food establishment, service,
processing, storage, and distribution operations -- Fees.
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The authority to promulgate regulations for the efficient administration and
enforcement of KRS 217.005 to 217.215 is hereby vested in the secretary. The
secretary may make the regulations promulgated under KRS 217.005 to
217.215 consistent with those promulgated under the federal act and the Fair
Packaging and Labeling Act. Regulations promulgated may require permits to
operate and include provisions for regulating the issuance, suspension, and
reinstatement of permits. The authority to promulgate regulations pursuant to
KRS 217.005 to 217.205 is restricted to the Cabinet for Health and Family
Services.
No person shall operate a food processing establishment, food storage
warehouse, salvage distributor, or salvage processing plant without having
obtained an annual permit to operate from the cabinet. An application for the
permit to operate shall be made to the cabinet upon forms provided by it and
shall be accompanied by the required fee as shall be provided by regulation.
The secretary shall establish a fee schedule according to authorization in the
state budget document. Fees collected by the cabinet shall be deposited in the
State Treasury and credited to a revolving fund account for use by the cabinet
in carrying out the provisions of KRS 217.025 to 217.390 and the regulations
adopted by the secretary pursuant thereto. The balance of the account shall
lapse to the general fund at the end of each biennium.
No person shall operate a retail food establishment without having obtained a
permit to operate from the cabinet. An application for a permit to operate any
retail food establishment shall be made to the cabinet upon forms provided by
it and shall contain the information the cabinet may reasonably require.
Except as otherwise provided in subsection (11) of this section, each
application for a temporary food service establishment or for an annual permit
to operate a retail food establishment shall be accompanied by the required
fee. The secretary shall establish a fee schedule according to authorization in
the state budget document.
Except as otherwise provided in subsection (11) of this section, each
application for a farmers market temporary food service establishment shall be
accompanied by the required fee of at least fifty dollars ($50). The secretary
shall establish a fee schedule by promulgation of administrative regulation.
Fees collected by the cabinet shall be used to carry out duties related to
farmers market temporary food service establishments, including but not limited
to inspections and the issuance of permits.
An applicant for a permit to operate a farmers market temporary food service
establishment must provide documentation of successful completion of a food
safety training program offered by either the state, a local health department, or
other entity approved by the cabinet to conduct food safety training. Each
certification of food safety training shall expire after a period of twenty-four (24)
months from the date of issuance. Permits issued shall be posted in a
conspicuous place in the establishment, and a person who has completed the
food safety training for farmers market temporary food service establishments
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shall be present at all times during the operation of the establishment.
Upon expiration of a temporary food service establishment permit, any
subsequent permits shall not be issued to the same operator to operate at the
same location until a period of thirty (30) days has elapsed.
Upon receipt of an application for a permit to operate a food processing
establishment, food storage warehouse, salvage distributor, or salvage
processing plant or a retail food establishment accompanied by the required
fee, the cabinet shall issue a permit if the establishment meets the
requirements of KRS 217.005 to 217.215 and regulations adopted by the
cabinet. Retail food establishments holding a valid and effective permit on
January 1, 1973, even though not fully meeting the construction requirements
of KRS 217.005 to 217.215 and the regulations adopted pursuant thereto, may
continue to be eligible for permit renewal if in good repair and capable of being
maintained in a safe and sanitary manner.
Permits shall not be issued to operate a temporary food service establishment
and a farmers market temporary food service establishment simultaneously at
the same location and by the same operator.
In all instances of permit issuance for either a temporary food service
establishment permit or a farmers market temporary food service establishment
permit, any subsequent permits shall not be issued until a period of thirty (30)
days has elapsed.
Private, parochial, and public school cafeterias or lunchroom facilities through
the twelfth grade, charitable food kitchens, and all facilities operated by the
Cabinet for Health and Family Services or Department of Corrections shall be
exempt from the payment of fees, but shall comply with all other provisions of
KRS 217.005 to 217.215 and the state retail food establishment code. For this
subsection, the term "charitable food kitchens" means a not-for-profit,
benevolent food service establishment where more than one-half (1/2) of the
employees are volunteers.
Each annual permit to operate a food processing establishment, food storage
warehouse, salvage distributor, or salvage processing plant or a retail food
establishment, unless previously suspended or revoked, shall expire on
December 31 following its date of issuance, and be renewable annually upon
application accompanied by the required fee, except as otherwise provided in
subsection (11) of this section, and if the establishment is in compliance with
KRS 217.005 to 217.215 and regulations of the cabinet.
Each permit to operate a food processing establishment, food storage
warehouse, salvage distributor, salvage processing plant, or a retail food
establishment shall be issued only for the premises and person named in the
application and shall not be transferable. Permits issued shall be posted in a
conspicuous place in the establishment.
Effective:March 23, 2007
History: Amended 2007 Ky. Acts ch. 97, sec. 2, effective March 23, 2007. -Amended 2005 Ky. Acts ch. 99, sec. 62, effective June 20, 2005. -- Amended
1998 Ky. Acts ch. 7, sec. 2, effective February 19, 1998, retroactive to January
1, 1998; and ch. 426, sec. 457, effective July 15, 1998. -- Amended 1992 Ky.
Acts ch. 211, sec. 79, effective July 14, 1992. -- Amended 1990 Ky. Acts
ch. 458, sec. 2, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 247,
sec. 11. effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 292, sec. 7,
effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(22).
-- Created 1960 Ky. Acts ch. 247, sec. 13.
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