{"data":{"id":"us-ky/krs-217.125","jurisdiction":"us-ky","citation":"KRS 217.125","heading":"Authority of secretary and cabinet to promulgate administrative","body":"regulations -- Permits required for food establishment, service, processing,\nstorage, and distribution operations -- Fees.\n(1) The authority to promulgate regulations for the efficie nt administration and\nenforcement of KRS 217.005 to 217.215 is hereby vested in the secretary. The\nsecretary may make the regulations promulgated under KRS 217.005 to 217.215\nconsistent with those promulgated under the federal act and the Fair Packaging an d\nLabeling Act. Regulations promulgated may require permits to operate and include\nprovisions for regulating the issuance, suspension, and reinstatement of permits.\nThe authority to promulgate regulations pursuant to KRS 217.005 to 217.205 is\nrestricted to the Cabinet for Health and Family Services.\n(2) No person shall operate a food processing establishment, food storage warehouse,\nsalvage distributor, or salvage processing plant without having obtained an annual\npermit to operate from the cabinet. An appl ication for the permit to operate shall be\nmade to the cabinet upon forms provided by it and shall be accompanied by the\nrequired fee as shall be provided by regulation. The secretary shall promulgate\nadministrative regulations to establish a fee schedule not to exceed costs of the\nprogram to the cabinet. Fees collected by the cabinet shall be deposited in the State\nTreasury and credited to a revolving fund account for use by the cabinet in carrying\nout the provisions of KRS 217.025 to 217.390 and the regul ations adopted by the\nsecretary pursuant thereto. The balance of the account shall lapse to the general fund\nat the end of each biennium.\n(3) No person shall operate a retail food establishment without having obtained a\npermit to operate from the cabinet. An application for a permit to operate any retail\nfood establishment shall be made to the cabinet upon forms provided by it and shall\ncontain the information the cabinet may reasonably require.\n(4) (a) Except as otherwise provided in subsection (11) of thi s section, each\napplication for a temporary food service establishment or for an annual permit\nto operate a retail food establishment shall be accompanied by the required\nfee. The secretary shall promulgate administrative regulations to establish a\nfee schedule not to exceed costs to the cabinet.\n(b) The total fees for permitting and inspection:\n1. Shall be the total of the operational and administrative costs of the\nprograms to the cabinet and to agencies as defined in KRS 211.185;\n2. Beginning on March 17 , 2020, until December 31, 2020, shall not\nincrease more than twenty -five percent (25%) of the fee amount on\nMarch 17, 2020; and\n3. Beginning on or after January 1, 2021, shall not increase more than five\npercent (5%) for each year thereafter.\n(5) Except as otherwise provided in subsection (11) of this section, each application for\na farmers market temporary food service establishment shall be accompanied by the\nrequired fee of at least fifty dollars ($50). The secretary shall establish a fee\nschedule by promulgation of administrative regulation. Fees collected by the cabinet\nshall be used to carry out duties related to farmers market temporary food service\nestablishments, including but not limited to inspections and the issuance of permits.\n(6) An applicant  for a permit to operate a farmers market temporary food service\nestablishment must provide documentation of successful completion of a food\nsafety training program offered by either the state, a local health department, or\nother entity approved by the cab inet to conduct food safety training. Each\ncertification of food safety training shall expire after a period of twenty -four (24)\nmonths from the date of issuance. Permits issued shall be posted in a conspicuous\nplace in the establishment, and a person who has completed the food safety training\nfor farmers market temporary food service establishments shall be present at all\ntimes during the operation of the establishment.\n(7) Upon expiration of a temporary food service establishment permit, any subsequent\npermits shall not be issued to the same operator to operate at the same location until\na period of thirty (30) days has elapsed.\n(8) Upon receipt of an application for a permit to operate a food processing\nestablishment, food storage warehouse, salvage distributor, or salvage processing\nplant or a retail food establishment accompanied by the required fee, the cabinet\nshall issue a permi t if the establishment meets the requirements of KRS 217.005 to\n217.215 and regulations adopted by the cabinet. Retail food establishments holding\na valid and effective permit on January 1, 1973, even though not fully meeting the\nconstruction requirements of KRS 217.005 to 217.215 and the regulations adopted\npursuant thereto, may continue to be eligible for permit renewal if in good repair\nand capable of being maintained in a safe and sanitary manner.\n(9) Permits shall not be issued to operate a temporary f ood service establishment and a\nfarmers market temporary food service establishment simultaneously at the same\nlocation and by the same operator.\n(10) In all instances of permit issuance for either a temporary food service establishment\npermit or a farmers  market temporary food service establishment permit, any\nsubsequent permits shall not be issued until a period of thirty (30) days has elapsed.\n(11) Private, parochial, and public school cafeterias or lunchroom facilities through the\ntwelfth grade, charitable food kitchens, and all facilities operated by the Cabinet for\nHealth and Family Services or Department of Corrections shall be exempt from the\npayment of fees, but shall comply with all other provisions of KRS 217.005 to\n217.215 and the state retail fo od establishment code. For this subsection, the term\n\"charitable food kitchens\" means a not -for-profit, benevolent food service\nestablishment where more than one-half (1/2) of the employees are volunteers.\n(12) Each annual permit to operate a food processi ng establishment, food storage\nwarehouse, salvage distributor, or salvage processing plant or a retail food\nestablishment, unless previously suspended or revoked, shall expire on December\n31 following its date of issuance, and be renewable annually upon ap plication\naccompanied by the required fee, except as otherwise provided in subsection (11) of\nthis section, and if the establishment is in compliance with KRS 217.005 to 217.215\nand regulations of the cabinet.\n(13) Each permit to operate a food processing establishment, food storage warehouse,\nsalvage distributor, salvage processing plant, or a retail food establishment shall be\nissued only for the premises and person named in the application and shall not be\ntransferable. Permits issued shall be posted in a conspicuous place in the\nestablishment.","path":["KRS Chapter 217"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49820","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:25Z","sha256":"4c581b98b4a917e67fa1ca0b2597c5aa186630f29eb7b18992f325bcc74dd18f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-217.120","next":"us-ky/krs-217.1255"},"notice":"GroundRules: Original legal text. Not legal advice."}