{"data":{"id":"us-ky/krs-217.127","jurisdiction":"us-ky","citation":"KRS 217.127","heading":"Regulations -- State retail food code -- Donation of food -- Charitable food","body":"donor.\n(1) The secretary shall adopt regulations for the effective administration and\nenforcement of KRS 217.005 to 217.215.\n(2) The secretary shall adopt a state re tail food code which shall include, among other\nthings, provisions for regulating the issuance, suspension, and revocation of permits\nto operate; submission of plans for construction and equipment layout including\nplumbing, lighting, ventilation, water sup ply, sewage disposal, and other facilities;\nfood supply source and protection; health, disease control and cleanliness of\npersonnel; design, construction, installation, and cleanliness of equipment and\nutensils; toilet and hand-washing facilities; solid waste disposal and vermin control;\nand any other matters deemed necessary to insure a safe and sanitary operation of a\nretail food establishment. Standards for construction, plumbing, lighting, and\nventilation of fixed retail food establishments shall be eff ective only if they are\napproved by the Department of Housing, Buildings and Construction and are\nincluded in the Uniform State Building Code, or if they conform to the State\nPlumbing Code in the case of plumbing fixtures. Any review of plans for\nconstruction, plumbing, lighting, and ventilation required before construction of a\nfixed retail food establishment shall be conducted by the Department of Housing,\nBuildings and Construction or authorized local building official pursuant to KRS\nChapter 198B.\n(3) The donation of safe and apparently wholesome food by a retail food establishment\nor any other entity regulated under subsections (1) and (2) of this section shall be\nexempt from any further inspection or regulation if the donated food has been\ninspected under subsections (1) and (2) of this section.\n(4) (a) As used in this subsection, \"charitable food donor\" means:\n1. A nonprofit or religious organization that is recognized as tax exempt\nunder Section 501(c)(3) of the Internal Revenue Code; or\n2. A home-based processor;\nthat produces food solely for the purpose of distributing the food for free at a\nhomeless shelter to individuals in need or for distribution to individuals\ndisplaced due to a declared natural disaster.\n(b) A charitable food donor shall be exempt from the licensing requirements of\nKRS 217.005 to 217.215 and administrative regulations pertaining to the State\nPlumbing Code promulgated under subsections (1) and (2) of this section as\nlong as:\n1. The donation is safe and apparently wholesome food as defined in KRS\n411.240; and\n2. The charitable food donor is in compliance with any other applicable\nprovisions of KRS 217.005 to 217.215 and administrative regulations\npromulgated thereunder.\n(c) This subsection shall not be construed to exempt any other entity, including a\nretail food establishment or home -based microprocessor, from the\nrequirements of KRS 217.005 to 217.215 and the state retail food code\nadopted under subsection (2) of this section regulating the prod uction of food\nfor, or donation of food to, a homeless shelter or individuals displaced due to\na declared natural disaster.","path":["KRS Chapter 217"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57268","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:25Z","sha256":"02d8300c8ddedbb019d8d0728674eab033f0dd454ec43f05e10bf178b60d0d84","source_id":"us-ky","stale":false,"prev":"us-ky/krs-217.126","next":"us-ky/krs-217.128"},"notice":"GroundRules: Original legal text. Not legal advice."}