217.125 Authority of secretary and cabinet to promulgate administrative
1,053 words·~5 min read·
/ky/217-125A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
regulations -- Permits required for food establishment, service, processing,
storage, and distribution operations -- Fees.
(1)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.
(2)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 promulgate
administrative regulations to establish a fee schedule not to exceed costs of the
program to the cabinet. 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.
(3)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.
(a)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 promulgate administrative regulations to establish a
fee schedule not to exceed costs to the cabinet.
(b)The total fees for permitting and inspection:
1. Shall be the total of the operational and administrative costs of the
programs to the cabinet and to agencies as defined in KRS 211.185;
2. Beginning on March 17, 2020, until December 31, 2020, shall not
increase more than twenty-five percent (25%) of the fee amount on
March 17, 2020; and
3. Beginning on or after January 1, 2021, shall not increase more than five
percent (5%) for each year thereafter.
(5)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.
(6)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
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 shall be present at all
times during the operation of the establishment.
(7)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.
(8)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.
(9)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.
(10)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.
(11)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.
(12)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.
(13)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.