Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 45 - Food and Cosmetics › Section 902 KAR 45:080 - Salvage

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 217.005-217.215,
				217.992
NECESSITY, FUNCTION, AND CONFORMITY: The Kentucky Food, Drug
				and Cosmetic Act,
				KRS
				217.005 to
				217.215
				and
				217.992
				authorizes the Cabinet for Health Services to regulate the misbranding and
				adulteration of foods and cosmetics. This administrative regulation establishes
				uniform requirements relating to the disposition of salvaged foods, cosmetics
				and related merchandise. Executive Order 96-862, effective July 2, 1996,
				reorganizes the Cabinet for Human Resources and places the Department for
				Public Health and its programs under the Cabinet for Health Services.
Section 1. Citation of Regulation. This
			 administrative regulation may be cited as the "State Food and Cosmetic Salvage
			 Regulation."
Section 2.
			 Definitions. The following definitions shall apply in the interpretation and
			 the enforcement of this administrative regulation:
(1) "Employee" means any person employed by a
			 salvage processing plant or salvage distributor who does, or may in any manner
			 handle or come in contact with the handling, storing, transporting, or selling
			 of distressed, salvageable or salvaged food, cosmetics, or other items listed
			 under subsection (9) of this section.
(2) "Distressed merchandise" means any food,
			 cosmetic, or other item listed under subsection (9) of this section which has
			 had the label lost or which has been subjected to possible damage due to
			 accident, mishandling, fire, flood, adverse weather, or to any other similar
			 cause; or which is suspected of having been rendered unsafe or unsuitable for
			 human or animal consumption or use, or which is misbranded, short filled, over
			 or inadequately processed, or below grade.
(3) "Nonsalvageable merchandise" means
			 "distressed merchandise," as defined in subsection (3) of this section, which
			 cannot be safely or practically reconditioned.
(4) "Perishable food" means that there exists
			 a significant risk of spoilage or deterioration when a food has not been
			 properly stored, or handled.
(5)
			 "Potentially hazardous food" means any food or ingredient, natural or
			 synthetic:
(a) In a form capable of supporting
			 the:
1. Rapid and progressive growth of
			 infectious or toxigenic microorganisms; or
2. Slower growth of Clostridium
			 botulinum.
(b) Of animal
			 origin, either raw or heat treated; and
(c) Of plant origin which:
1. Has been treated; or
2. Is raw seed sprouts.
(d) The following are excluded:
1. Air dried hard boiled eggs with shells
			 intact;
2. Food with water activity
			 (aw) value of 0.85 or less;
3. Food
			 with a hydrogen ion concentration (pH) level of four and six-tenths (4.6) or
			 below;
4. Foods in unopened
			 hermetically sealed containers that have been commercially processed to achieve
			 and maintain commercial sterility under conditions of nonrefrigerated storage
			 and distribution; and
5. Food for
			 which laboratory evidence demonstrates that rapid and progressive growth of
			 infectious and toxigenic microorganisms or the slower growth of Clostridium
			 botulinum cannot occur.
(6) "Reconditioning" means any appropriate
			 process or procedure by which distressed merchandise can be brought into
			 compliance with all cabinet requirements making it suitable for consumption or
			 use as human or animal feed.
(7)
			 "Salvageable merchandise" means any distressed food, cosmetic, or other item
			 listed under subsection (9) of this section which can be reconditioned,
			 labeled, relabeled, repackaged, recoop-ered, sorted, cleaned, culled or by any
			 other means be salvaged to the satisfaction of the cabinet.
(8) "Salvaged merchandise" means previously
			 distressed merchandise which has been reconditioned or salvaged pursuant to the
			 provisions of this administrative regulation and is acceptable for such human
			 or animal consumption or use as may be designated by the cabinet.
(9) "Sanitize" means adequate treatment of
			 food-contact surfaces by a process that is effective in destroying vegetative
			 cells of microorganisms of public health significance and in substantially
			 reducing numbers of other microorganisms. Such treatments shall not adversely
			 affect the product and shall be safe to the consumer.
(10) "Vehicle" means any truck, car, bus,
			 railcar, aircraft, boat, ship, or other means by which distressed, salvageable
			 or salvaged merchandise is transported from one (1) location to
			 another.
(11) "Salvage dealer"
			 means any person who is engaged in selling or distributing salvaged
			 merchandise.
(12) "Salvage
			 processor" means any person who engages in the business of reconditioning
			 salvageable or salvaged merchandise for sale or further distribution.
(13) "Supplier" means any person who
			 transfers distressed merchandise to a salvage processor.