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217.136 Home-based food processors -- Exemption from permit requirement
and fair packaging and labeling laws -- Production, labeling, and sales of
home-processed food products -- Inspections.
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A home-based processor shall be exempt from KRS 217.035, 217.037, and
217.125 if the following conditions are met:
(a) All finished product containers are clean, sanitary, and properly labeled
pursuant to subsection (3) of this section;
(b) All home-processed foods produced under this exemption are neither
adulterated nor misbranded pursuant to subsection (4) of this section; and
(c) All glass containers for jams, jellies, preserves, fruit butter, and similar
products are provided with suitable rigid metal covers.
A home-based processor shall not produce or process for sale acid foods,
acidified food products, formulated acid food products, or low-acid canned
foods.
A home-based processor shall label each of its food products and include the
following information on the label of each of its food products:
(a) The name and address of the home-based processing operation;
(b) The common or usual name of the food product;
(c) The ingredients of the food product, in descending order of predominance
by weight;
(d) The net weight and volume of the food product by standard measure, or
numerical count;
(e) The following statement in ten (10) point type: "This product is
home-produced and processed"; and
(f) The date the product was processed.
Food products identified in KRS 217.015(56) and not labeled in accordance
with subsection (3) of this section are deemed misbranded.
Food products identified in KRS 217.015(56) and produced, processed, and
labeled in accordance with subsection (3) of this section are acceptable food
products that may only be offered for sale by farmers markets, certified
roadside stands, or on the processor's farm. These food products may be used
in preparing and serving food.
Food products identified in KRS 217.015(56) and labeled in accordance with
subsection (3) of this section shall not be required to be tested in determining
whether or not the food product is an acid food, acidified food product,
formulated acid food product, or low-acid food.
The processing facilities of a home-based processor may be inspected
annually by the cabinet.
A home-based processor shall be subject to food sampling and inspection if it
is determined that its food product is misbranded pursuant to subsection (4) of
this section or adulterated, or if a consumer complaint has been received.
If the cabinet has reason to believe that an imminent health hazard exists it
may invoke cessation of production until it deems that the hazardous situation
has been addressed to the satisfaction of the cabinet.
Effective:June 24, 2003
History: Created 2003 Ky. Acts ch. 42, sec. 2, effective June 24, 2003.
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