Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 45 - Food and Cosmetics › Section 902 KAR 45:090 - Home-based processors and farmers market home-based microprocessors

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 217.005-217.215,
				217.290,
				217.992,
				217B.555,
				217B.990,
				21 C.F.R.
				113.83,
				114.10,
				114.83,
				21 U.S.C
				343(w)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				217.125,
				217.137,
				and
				217.138
				authorize the Secretary of the Cabinet for Health and Family Services to
				promulgate administrative regulations for the efficient administration and
				enforcement of home-based processors and home-based microprocessors. This
				administrative regulation establishes a uniform code for the manufacture and
				marketing of limited-based Kentucky grown home microprocessed food products at
				farmers markets, certified roadside stands, or from the microprocessor's farm
				and for the manufacture and marketing of limited home-based processor food
				products from the home, at a market, roadside stand, community event, or
				online.
Section 1. Definitions.
(1) "Cabinet" is defined by
			 KRS
			 217.015(3).
(2) "Certified roadside stand" means a
			 physical location listed with the Kentucky Farm Bureau for the
			 direct-to-consumer marketing of limited Kentucky grown and produced food
			 products.
(3) "Easily cleanable"
			 means that surfaces are readily accessible and made of a material and finish
			 and so fabricated that residue can be effectively removed by normal cleaning
			 methods.
(4) "Equipment" means
			 articles used in the preparation and processing of food.
(5) "Farmer" is defined by
			 KRS
			 217.015(59).
(6) "Farmers market" or "farmers market
			 temporary food service establishment" is defined by
			 KRS
			 217.015(60).
(7) "Food contact surfaces" means those
			 surfaces with which food can come in contact, and those surfaces that drain
			 onto surfaces that can come in contact with food.
(8) "Permitted kitchen" means a food service
			 establishment or food processing firm that holds a valid permit to process
			 food, pursuant to the Kentucky Food, Drug and Cosmetic Act,
			 KRS
			 217.005 to
			 217.215,
			 and issued by the Cabinet for Health and Family Services.
(9) "Potentially hazardous food" means a food
			 that is natural or synthetic and that requires temperature control because it
			 is in a form capable of supporting the rapid and progressive growth of
			 infectious or toxigenic microorganisms, the growth and toxin production of
			 Clostridium botulinum, or in raw shell eggs, the growth of Salmonella
			 Enteritidis. "Potentially hazardous food" includes:
(a) An animal food (a food of animal origin)
			 that is raw or heat-treated;
(b) A
			 food of plant origin that is heat-treated or consists of raw seed
			 sprouts;
(c) Cut melons;
			 and
(d) Garlic-in-oil mixtures that
			 are not modified in a way that makes the product nonpotentially
			 hazardous.
(10) "Primary
			 ingredients" means an agricultural or horticultural product that:
(a) Has been grown, harvested, and processed
			 by the farmer as a predominant ingredient of a food product with the exception
			 of "flour", as defined by
			 KRS
			 217.015(17), for use in:
1. "Bread" as defined by
			 KRS
			 217.015(2); or
2. Other items listed in
			 KRS
			 217.015(56);
			 and
(b) Does not include
			 oil, vinegar, sugar, and other seasonings or spices used in the production of
			 home processed or microprocessed foods.
(11) "Processing authority" means:
(a) The Food Science Professionals of the
			 University of Kentucky, Department of Agriculture, who review and approve
			 established scheduled processes, for adequate process times and pressures for
			 the size of jar, style of pack, and kind of food being canned, by home-based
			 microprocessors; or
(b) A qualified
			 entity in accordance with
			 21 C.F.R.
			 113.83 and
			 114.83.
(12) "Single-service article" means
			 tableware, carry-out utensils, and other items such as bags, containers,
			 placemats, stirrers, straws, toothpicks, and wrappers that are designed and
			 constructed for one (1) time or one (1) person use after which they are
			 intended for discard.
(13)
			 "Single-use article" means utensils and bulk food containers designed and
			 constructed to be used once and discarded such as wax paper, butcher paper,
			 plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets,
			 bread wrappers, pickle barrels, ketchup bottles, and number ten (10) cans that
			 do not meet the materials, durability, strength, and clean ability
			 specifications for multiuse utensils.
(14) "Utensil" means any food-contact
			 implement used in the storage, preparation, transportation, dispensing, or sale
			 of food.
(15) "Ware-washing" means
			 the cleaning and sanitizing of food-contact surfaces of equipment and utensils
			 such as kitchenware.