Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
217.015,
217.025,
217.035,
217.037,
217.085,
217.095,
217.125,
217.155,
217.811
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
217.125(1) requires the
secretary of the Cabinet for Health and Family Services to promulgate
administrative regulations for the efficient administration and enforcement of
the Kentucky Food, Drug and Cosmetic Act.
KRS
217.125(4) requires the
secretary to provide by administrative regulation a schedule of reasonable fees
to be paid by retail food establishments and restricted food concessions for
permits to operate and for inspection activities carried out by the cabinet.
KRS
217.811 requires the cabinet to provide by
administrative regulation a schedule of fees for operating a vending machine
company. This administrative regulation establishes the schedule of
fees.
Section 1. Fees.
(1) A fee shall be assessed for inspection of
a retail food store or food service establishment conducted by the cabinet or
local health department to determine compliance with the provisions of
KRS
217.025,
217.035,
and
217.037
pertaining to:
(a) Adulteration;
(b) Misbranding;
(c) Packaging; or
(d) Labeling of food products.
(2) A fee shall be assessed for
inspection of a food service establishment conducted by the cabinet or local
health department to determine compliance with the provisions of
902 KAR
45:005.
(3) The fee for the inspection of a retail
food store or a food service establishment shall be assessed according to the
total square footage of the establishment:
(a) Zero - 1,000 square feet - ninety (90)
dollars;
(b) 1,001 - 10,000 square
feet - $155;
(c) 10,001 - 20,000
square feet - $215;
(d) 20,001 -
30,000 square feet - $250; or
(e)
30,001 or more square feet - $375.
(4) An application for a permit to operate a
mobile retail food store shall be accompanied by an annual fee of sixty (60)
dollars.
(5) An application for a
permit to operate a vending machine company shall be accompanied by the annual
permit fee of $125 plus a fee for the total number of vending machines operated
by the applicant:
(a) One (1) - twenty-five
(25) machines - sixty (60) dollars;
(b) Twenty-six (26) - fifty (50) machines -
ninety (90) dollars;
(c) Fifty-one
(51) - 100 machines - $125;
(d) 101
- 150 machines - $155; and
(e) 151
and over machines - $250.
(6) An application for a permit to operate a
permanent food service establishment shall be accompanied by an annual fee of
$125, plus the following fee if applicable:
(a) Fee for the number of seats:
1. One (1) to twenty-five (25) seats -
seventy-five (75) dollars;
2.
Twenty-six (26) to fifty (50) seats - $125;
3. Fifty-one (51) to 100 seats -
$155;
4. 101 to 200 seats - $185;
or
5. 201 or more seats -
$215;
(b) Drive-through
window - $155; and
(c) Catering
operation - $135.
(7) An
application for a permit to operate a statewide mobile food unit shall be
accompanied by an annual fee of $200.
(8) An application for a permit to operate a
temporary food service establishment shall be accompanied by a fee according to
the length of the event:
(a) One (1) to three
(3) day event - sixty (60) dollars;
(b) Four (4) to seven (7) day event - ninety
(90) dollars; or
(c) Eight (8) to
fourteen (14) day event - $125.
(9) An application for a permit to operate a
farmer's market temporary food service establishment shall be accompanied by a
fee of $100.
(10) An application
for a permit to operate a restricted food concession or mobile restricted food
concession shall be accompanied by an annual fee of $125.
Section 2. Payment of Fees. Fees shall be
made payable to the local health department having jurisdiction by a:
(1) Retail food store;
(2) Mobile retail food store;
(3) Vending machine company;
(4) Statewide mobile food unit;
(5) Temporary food establishment;
(6) Restricted food concession; or
(7) Food service establishment.
