KRS 217.136: Home -based processors of food and cosmetic products -- Exemption from

permit requirement and fair packaging and labeling laws -- Production,

labeling, and sales of home -processed products -- Inspections -- Registration

with cabinet.

(1) A home-based processor shall be exempt from KRS 217.035, 217.037, and 217.095

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 f oods or pork lard or tallow -based cosmetic products

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.

(2) 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.

(3) A home -based processor shall label each of its food or cosmetic products and

include the following information on the label of each of its food or cosmetic

products:

(a) The name and address of the home-based processing operation;

(b) The common or usual name of the food or cosmetic product;

(c) The ingredients of the food or cosmetic product, in descending order of

predominance by weight;

(d) The net weight and volume of the food or cosmetic 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.

(4) Food or cosmetic products identified in KRS 217.015(56) and not labeled in

accordance with subsection (3) of this section are deemed misbranded.

(5) Food or cosmetic products identified in KRS 217.015(56) and produced, processed,

and labeled in accordance with subsection (3) of this section are acceptable food or

cosmetic products that may only be offered for sale di rectly to consumers within

this state, including from the home -based processor's home, whether by pick -up or

delivery, at a market, roadside stand, community event, or online. These food

products may be used in preparing and serving food.

(6) 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.

(7) The processing facilities of a home -based processor may be inspected annually by

the cabinet.

(8) A home-based processor shall be subject to product sampling and inspection if it is

determined that its product is misbranded pursuant to subsecti on (4) of this section

or adulterated, or if a consumer complaint has been received.

(9) 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.

(10) The cabinet shall promulgate administrative regulations to further delineate which

food or cosmetic products are subject to the definition of home -based processor, as

defined in KRS 217.015(56).

(11) A home -based processor shall be registered with the cabinet and include the

following information:

(a) The name of the home -based processor and the physical address where

production or processing will occur; and

(b) A listing of the food or cosmetic products to be produced or processed.