KRS 217.127: Regulations -- State retail food code -- Donation of food -- Charitable food

donor.

(1) The secretary shall adopt regulations for the effective administration and

enforcement of KRS 217.005 to 217.215.

(2) The secretary shall adopt a state re tail food code which shall include, among other

things, provisions for regulating the issuance, suspension, and revocation of permits

to operate; submission of plans for construction and equipment layout including

plumbing, lighting, ventilation, water sup ply, sewage disposal, and other facilities;

food supply source and protection; health, disease control and cleanliness of

personnel; design, construction, installation, and cleanliness of equipment and

utensils; toilet and hand-washing facilities; solid waste disposal and vermin control;

and any other matters deemed necessary to insure a safe and sanitary operation of a

retail food establishment. Standards for construction, plumbing, lighting, and

ventilation of fixed retail food establishments shall be eff ective only if they are

approved by the Department of Housing, Buildings and Construction and are

included in the Uniform State Building Code, or if they conform to the State

Plumbing Code in the case of plumbing fixtures. Any review of plans for

construction, plumbing, lighting, and ventilation required before construction of a

fixed retail food establishment shall be conducted by the Department of Housing,

Buildings and Construction or authorized local building official pursuant to KRS

Chapter 198B.

(3) The donation of safe and apparently wholesome food by a retail food establishment

or any other entity regulated under subsections (1) and (2) of this section shall be

exempt from any further inspection or regulation if the donated food has been

inspected under subsections (1) and (2) of this section.

(4) (a) As used in this subsection, "charitable food donor" means:

1. A nonprofit or religious organization that is recognized as tax exempt

under Section 501(c)(3) of the Internal Revenue Code; or

2. A home-based processor;

that produces food solely for the purpose of distributing the food for free at a

homeless shelter to individuals in need or for distribution to individuals

displaced due to a declared natural disaster.

(b) A charitable food donor shall be exempt from the licensing requirements of

KRS 217.005 to 217.215 and administrative regulations pertaining to the State

Plumbing Code promulgated under subsections (1) and (2) of this section as

long as:

1. The donation is safe and apparently wholesome food as defined in KRS

411.240; and

2. The charitable food donor is in compliance with any other applicable

provisions of KRS 217.005 to 217.215 and administrative regulations

promulgated thereunder.

(c) This subsection shall not be construed to exempt any other entity, including a

retail food establishment or home -based microprocessor, from the

requirements of KRS 217.005 to 217.215 and the state retail food code

adopted under subsection (2) of this section regulating the prod uction of food

for, or donation of food to, a homeless shelter or individuals displaced due to

a declared natural disaster.