Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
217.035,
217.037,
217C.030,
217C.060,
217C.990, 21 C.F.R.
Parts 101, 131, 133, 135, 166
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 cabinet adopt rules and
regulations regulating the labeling, standards of identity, sale and other
matters relating to milk and milk products as may be necessary to protect the
public health. This administrative regulation establishes uniform standards for
identifying and labeling Grade A pasteurized milk and milk products sold in
Kentucky.
Section 1. Labeling and
Identification Requirements.
(1) All Grade A
pasteurized milk and milk products offered for sale or sold in this state shall
be labeled in accordance with 21 C.F.R Part 101 .
(2) Milk, cream, and yogurt shall be
identified in accordance with 21 C.F.R. Part 131 .
(3) Cheese and related cheese products shall
be identified in accordance with 21 C.F.R. Part 133 .
(4) Frozen desserts shall be identified in
accordance with 21 C.F.R. Part 135 .
(5) Margarine shall be identified in
accordance with 21 C.F.R. Part 166 .
Section 2. Use By Date Required.
(1) No person shall sell or offer for sale
any Grade A pasteurized milk or milk product in this state in a consumer
package that does not bear the use by date as required by this administrative
regulation.
(2) The use by date
shall:
(a) Be in a form that is conspicuous,
legible, and understandable;
(b) Be
boldface print in contrast to the background, by typography, color, embossing,
debossing, molding, or other manner on the package;
(c) Be placed on the part of the container
most likely to be displayed for retail sale; and
(d) Not interfere with legibility of other
mandatory labeling requirements of the product.
(3) The use by date shall be expressed:
(a) By the first three (3) letters of the
month followed by or preceded by the numeral or numerals constituting the
appropriate calendar date; or
(b)
Numerically by the number of the month preceding the number of the
day.
Section
3. Certification of Use By Date Required.
(1) Each distributor or processor
manufacturing, processing, or packaging Grade A pasteurized milk and milk
products for sale within this state shall:
(a)
Comply with the provisions of this administrative regulation;
(b) Certify to the cabinet the use by date
for each product; and
(c) Provide
the cabinet with the research data used to support the product use by date
certification request.
(2) Samples of products for use by date
evaluation may be obtained at processing plants, delivery trucks, distributors,
or from retail outlets. The temperature and use by date shall be officially
recorded at the time of sample collection.
Section 4. Enforcement.
(1) No milk or milk products shall be offered
for sale as a Grade A product after the expiration of the use by date shown on
the container.
(2) All milk and
milk products offered for sale after the expiration of the use by date shall be
deemed to be misbranded.
(3) If a
product is not sold within the period specified by the use by date, the product
shall be returned to the milk plant of origin for destruction.
STATUTORY AUTHORITY:
KRS
194A.050(1),
211.180(1)(c),
217C.040
