Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
211.090,
217C.010,
217C.070,
217C.990,
260.813,
7 C.F.R. 58 Sub-part B
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
Cabinet for Health and Family Services to promulgate administrative regulations
necessary to operate the programs and fulfill the responsibilities vested in
the cabinet.
KRS
211.180(1)(c) authorizes the
cabinet to promulgate administrative regulations for the safe handling of food
and food products.
KRS
217C.040 requires the secretary to regulate,
in the interest of the public health, all aspects relating to the production
and sale of milk.
KRS
217C.060 authorizes the cabinet to enter into
reciprocal agreements with milk control officials of federal and state agencies
having standards substantially equivalent to the regulations of the secretary.
This administrative regulation establishes uniform sanitary and operational
standards for manufactured milk plants, receiving stations, transfer stations,
and handlers, and the process for issuance and revocation of permits.
Section 1. Permits and Inspections.
(1) All persons desiring to operate a
manufactured milk plant, receiving station, transfer station, or be a handler
of manufactured milk, shall submit to the cabinet a "Plant Application for
Permit".
(2) A qualified
representative of the cabinet shall inspect each plant, receiving station, and
transfer station:
(a) Prior to issuance of a
permit; and
(b) At least annually
thereafter.
(3) Only a
person in compliance with the requirements of this administrative regulation
shall be entitled to a permit.
(4)
A permit shall not be transferable with respect to persons or
locations.
(5) Manufactured milk
and milk products from points beyond the limits of routine inspection of the
Commonwealth of Kentucky, or its police jurisdiction, may be sold in the
Commonwealth of Kentucky, or its police jurisdiction, if the milk or milk
products are:
(a) Produced and processed under
administrative regulations substantially equivalent to this administrative
regulation; and
(b) The
out-of-jurisdiction governmental unit concerned accepts Kentucky's manufactured
milk and milk products on a reciprocal basis.
(6) Properly prepared plans for transfer
stations, receiving stations, and milk plants regulated under this
administrative regulation that are constructed, reconstructed or extensively
altered, shall be submitted to the cabinet for approval before work is
begun.
Section 2.
Standards for Manufactured Milk Plants, Receiving Stations, Transfer Stations,
and Handlers.
(1) All premises, buildings,
facilities, equipment and utensils shall comply with
7 C.F.R.
58.125 through 128.
(2) All personnel shall comply with:
(a)
7
C.F.R. 58.129 for cleanliness; and
(b)
7 C.F.R.
58.130 for health.
(3) The transport of raw milk shall be in
compliance with
7 C.F.R.
58.131 except that milk shall not be
transported in milk cans.
(4)
Receiving stations shall comply with
7 C.F.R.
58.131(b)(1).
(5) Transfer stations shall comply with
7 C.F.R.
58.131(b)(2).
Section 3. Prohibited Acts
Relating to Manufactured Milk Plants, Receiving Stations, Transfer Stations,
and Handlers. A person shall not:
(1) Process,
handle, provide, sell, offer or expose for sale, or have in possession with
intent to sell a milk or milk product for manufacturing purposes which is
adulterated, misbranded or otherwise in violation of this administrative
regulation;
(2) Prohibit, to a
duly-authorized agent of the cabinet:
(a)
Entry or inspection;
(b) The taking
of a sample; or
(c) Access to
records or evidence;
(3)
Remove, destroy, alter, forge or falsely represent a tag, stamp, mark, or label
used by the cabinet; or
(4) Remove
or dispose of a detained or quarantined article without proper authorization
from the cabinet.
Section
4. Manufactured Milk Plant, Receiving Station, Transfer Station
and Handler Permit Suspension and Reinstatement.
(1) In addition to the penalties established
in
KRS 217C.990, the
cabinet may suspend or revoke a permit issued under this administrative
regulation.
(2) The cabinet shall,
upon notice to the permit holder, immediately suspend the permit if:
(a) There is reason to believe that an
imminent public health hazard exists;
(b) The permit holder or an employee has
interfered with the cabinet in the performance of the cabinet's duties;
or
(c) The permit holder or an
employee has falsified any records or documents.
(3) In all other instances of violation of
this administrative regulation, the cabinet shall:
(a) Serve on the permit holder a written
notice stating the violation; and
(b) Afford the permit holder a reasonable
opportunity to correct the violation.
(4) A permit holder whose permit has been
suspended may, at any time, submit an "Application for Reinstatement of
Permit", incorporated by reference in
902
KAR 50:033.
(5) Suspension of a permit shall remain in
effect until the violation has been corrected to the satisfaction of the
cabinet.
(6) For serious or
repeated violations of this administrative regulation the permit may be
permanently revoked.
(7) Prior to
revocation, the cabinet shall notify the permit holder in writing, stating the
reasons for which the permit is subject to revocation and advising the permit
shall be permanently revoked at the end of ten (10) days following the service
of the notice, unless the "Request for a Hearing", incorporated by reference in
902
KAR 50:033, is filed with the Milk Safety
Branch.
Section 5. Trade
Secrets. A person who, in an official capacity, obtains under the provisions of
this administrative regulation, information which is entitled to protection as
a trade secret, including information as to quantity, quality, source of
disposition of milk or milk products, or results of an inspection or test,
shall not use the information to his own advantage or reveal it to an
unauthorized person.
Section 6.
Incorporation by Reference.
(1) "Plant
Application for Permit", 1/2020, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Milk Safety Branch,
Division of Public Health Protection and Safety, Department for Public Health,
275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m.
to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
194A.050(1),
211.180(1)(c),
217C.040,
217C.060
