RELATES TO: KRS 217.005-217.205, 217.280-217.390,
217.990-217.992,
219.011
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1),
217.125,
211.090(3),
and
211.180(1)(c)
authorize the Cabinet for Health and Family Services to regulate food service
establishments and retail food stores. This administrative regulation
establishes a uniform code for the regulation of all food service
establishments and retail food stores for the purpose of protecting the public
health.
Section 1. Definitions.
(1) "2013 FDA Food Code" means the 2013
edition of the Food Code published by the U.S. Public Health Service and the
U.S. Food and Drug Administration.
(2) "Cabinet" is defined by
KRS
217.015(3).
(3) "Complex food preparation" means the
process of preparing a food item that includes two (2) or more complete trips
through the temperature danger zone between forty-one (41) degrees Fahrenheit
and 135 degrees Fahrenheit.
(4)
"Kentucky State Plumbing Code" is defined by
KRS
318.130.
(5) "Person in charge" means the individual
present at a food establishment who is responsible for the operation at the
time of inspection.
(6) "Restricted
concessions" means a food service establishment, whether mobile or stationary,
limited to preparing and serving only menu items and ingredients considered to
be low-risk in relation to foodborne illness.
(7) "Statewide mobile food unit" means a
fully enclosed, self-contained food service establishment that operates from a
vehicle or is otherwise mobile.
Section 2. Revisions to the 2013 FDA Food
Code. The 2013 edition of the FDA Food Code shall apply to Kentucky food
establishments with the addition of the provisions established in this section.
(1) FDA Food Code Subparagraph 2-102.11(B)
shall be replaced with the following sentence: Being a certified food
protection manager who has shown proficiency of required information through
passing a test that is part of an accredited program or a local health
department class that addresses the food safety issues described in 2-102.11(C)
of the 2013 FDA food code.
(2) FDA
Food Code Subparagraph 6-501.115 shall be supplemented with the
Kentucky-specific exceptions established in this subsection.
(a) A dog may be allowed in an outdoor dining
area if:
1. The outdoor dining area is not
fully enclosed; and
2. There is an
entrance to the outdoor dining area that is separate from the main entrance and
the sole means of entry for a patron with a dog.
(b) Employees shall not permit a dog to come
into physical contact with:
1. Food;
2. Serving dishes;
3. Utensils;
4. Tableware;
5. Linens;
6. Unwrapped single-service and single-use
articles; or
7. Other food service
items that could result in contamination of food or a food-contact
surface.
(c) An employee
engaged in the preparation or handling of food shall avoid physical contact
with a patron dog. If an employee has physical contact with a patron dog, the
employee shall wash his or her hands prior to returning to work.
(d) All accidents involving dog vomit, feces,
or urination shall be cleaned immediately and the area sanitized with an
approved product. A kit with the appropriate materials for this purpose shall
be made available for use in the designated outdoor dining area.
(e) Signage shall be posted at each entrance
to the outdoor dining area stating that dogs:
1. May be allowed in the area;
2. Shall not be served food or water in wares
used for human consumption;
3.
Shall not be allowed on chairs, seats, or tables; and
4. Shall be kept on a leash and under the
control of an adult at all times.
(f) The food establishment may refuse to
serve the patron with a dog if:
1. The patron
fails to exercise reasonable control over the dog; or
2. The dog is behaving in a manner that
compromises or threatens to compromise the health or safety of any person
present.
Section
3. Statewide Mobile Food Units.
(1) All food products served in a statewide
mobile food unit shall be cooked or prepared in:
(a) A statewide mobile food unit permitted by
the cabinet; or
(b) A food service
establishment permitted by the cabinet.
(2) Complex food preparation shall not be
performed in a statewide mobile food unit.
(3) The statewide mobile food unit shall not
serve as a catering operation unless it meets additional permitting
requirements as a catering kitchen.
(4) The statewide mobile food unit shall be
serviced and cleaned every day of operation.
(5) The statewide mobile food unit shall meet
the sanitation and plumbing requirements contained in the 2013 FDA Food Code
and the Kentucky State Plumbing Code.
(6) Sewage and other liquid wastes shall be
removed according to the 2013 FDA Food Code and the Kentucky State Plumbing
Code.
Section 4.
Restricted Concessions.
(1) Restricted
concessions may include:
(a) Flavored
ice;
(b) Shaved ice;
(c) Snow cones with commercially mixed and
packaged flavorings;
(d) Pork
rinds;
(e) Roasted peanuts,
almonds, pecans, or walnuts, without the shell;
(f) Nacho cheese and chips;
(g) Cotton candy;
(h) Pre-cooked, commercially processed
hotdogs, frankfurters, or similar meats (such as bratwurst or Italian sausage)
that are grilled, steamed, or boiled on-site;
(i) Pre-packaged sandwiches;
(j) Pre-packaged ice cream or
popsicles;
(k) Prepackaged,
commercially processed snack foods (such as pretzels or chips) from a state or
federal permitted food manufacturer;
(l) Shelf-stable, pre-packaged baked goods;
or
(m) Commercially produced
bottled or canned soft drinks, water, ice tea, or lemonade.
(2) Sanitation requirements.
(a) If public water is available, a
restricted concession facility shall follow the requirements of the Kentucky
State Plumbing Code.
(b) If public
water is not available, a restricted concession facility may operate under
temporary sanitation if:
1. There is an
adequate amount of stored potable water available;
2. Tubs, buckets, or similar containers for
washing, rinsing, and sanitizing equipment large enough to completely immerse
the largest item used in operation are available;
3. There are adequate hand washing
facilities; and
4. Permanent or
portable toilet facilities are conveniently located and have hand washing
facilities available.
(c)
The restricted concession facility shall provide adequate cold and hot storage
for food products and safe storage areas for the storage of dry food and single
service articles.
(d) A restricted
concession facility shall be constructed or located in such a way that food and
utensils shall be protected from potential contamination, including from
insects, dust, and debris.
Section 5. Bed and Breakfast.
(1) A bed and breakfast establishment shall
not be subject to this administrative regulation if:
(a) The bed and breakfast establishment is:
1. In a one (1) family, privately owned
residential dwelling unit that has guest rooms or suites used, rented, or hired
out for occupancy; and
2. Occupied
for sleeping purposes by persons not affiliated by the single-family
unit;
(b) The owner or
caretaker of the bed and breakfast establishment resides on the premises or
property adjacent to the premises during the periods of occupancy;
(c) The number of available guest rooms does
not exceed nine (9);
(d) The number
of overnight guests does not exceed eighteen (18); and
(e) Breakfast and other meals are
served.
(2) Guests shall
be informed by placards posted at the registration area that the food is
prepared in a kitchen that is not regulated and inspected by the regulatory
authority.
(3) A bed and breakfast
establishment that does not meet all of the requirements established in
subsection (1)(a) to (e) of this section shall meet the requirements of this
administrative regulation.
Section
6. Inspections and Violations.
(1) If an inspection is made of an
establishment, the findings shall:
(a) Be
recorded on Form DFS-208, Food Establishment Inspection Report, using the:
1. 1/09 edition for an inspection conducted
before July 1, 2019; or
2. 10/17
edition for an inspection conducted on or after July 1, 2019; and
(b) Constitute a written notice to
the permit holder.
(2) A
copy of the inspection report shall be provided to the permit holder or person
in charge.
(3) The inspection
report form shall summarize the requirements of this administrative regulation
and shall set forth a point value for each requirement.
(4) The rating score of the establishment
shall be the total of the point value for all violations subtracted from
100.
(5) The inspection report form
shall specify a period of time for the correction of the violations found
pursuant to this subsection.
(a) If the rating
score of the establishment is eighty-five (85) or more, all violations of one
(1) point items shall be corrected prior to the next routine
inspection.
(b) If the rating score
of the establishment is at least seventy (70) but not more than eighty-four
(84), all violations of one (1) point items shall be corrected within a period
not to exceed thirty (30) days.
(c)
Regardless of the rating score of the establishment, all violations of priority
items shall be corrected within a time period not to exceed ten (10)
days.
(6) The inspection
report shall state that:
(a) Failure to comply
with a time limit for correction may result in the suspension of a permit;
and
(b) An opportunity for appeal
shall be provided if a written request for a hearing is filed in accordance
with
902 KAR
1:400.
Section 7. Permit Suspension.
(1) If the rating score of the establishment
is less than seventy (70), the establishment shall be issued a Form DFS-214,
Notice of Enforcement of intent to suspend the permit in accordance with
902 KAR
1:400.
(2)
A permit shall be suspended immediately upon notice to the permit holder
without a hearing if:
(a) The cabinet has
reason to believe that an imminent public health hazard exists;
(b) The permit holder or an authorized agent
has interfered with the cabinet in the performance of its duties after its
agents have duly and officially identified themselves; or
(c) An inspection of an establishment reveals
a rating score of less than sixty (60).
(3) A permit holder subject to suspension of
a permit may submit a Form DFS-215, Application for Reinstatement, in
accordance with
902 KAR
1:400.
(4)
The permit holder whose permit has been suspended may request a hearing in
accordance with
902 KAR
1:400.
(5)
If a food service establishment is required under the provisions of this
administrative regulation to cease operations, it shall not resume operations
until a reinspection determines that conditions responsible for the requirement
to cease operations no longer exist.
Section 8. Methods of Conducting Evaluations
of Retail Food Programs. The evaluation and standardization procedures for
retail food programs shall be governed by the FDA Procedures for
Standardization of Retail Food Safety Inspection Officers, Procedures
Manual.
Section 9. Incorporation by
Reference.
(1) The following material is
incorporated by reference:
(a) "Food Code",
U.S. Public Health Service, FDA, 2013;
(b) "FDA Procedures for Standardization of
Retail Food Safety Inspection Officers, Procedures Manual", U.S. Public Health
Service, 2015;
(c) "DFS-208, Food
Establishment Inspection Report", edition 10/17;
(d) "DFS-214, Notice of Enforcement ",
edition 3/2018; and
(e) "DFS-215,
Application for Reinstatement, edition 03/2018.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at Cabinet for Health and
Family Services, Department for Public Health, Division of Public Health
Protection and Safety, Food Safety Branch, 275 East Main Street, Frankfort,
Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.