KRS 217.125: Authority of secretary and cabinet to promulgate administrative

regulations -- Permits required for food establishment, service, processing,

storage, and distribution operations -- Fees.

(1) The authority to promulgate regulations for the efficie nt 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 an d

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 appl ication 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 regul ations 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.

(4) (a) Except as otherwise provided in subsection (11) of thi s 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 cab inet 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 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 permi t 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 f ood 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 fo od 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 processi ng 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 ap plication

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.