Title 902 | Chapter 045 | Regulation 110


902 KAR 45:110.Permits and fees for retail food establishments, vending machine companies, and restricted food concessions.

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.

HISTORY: (9 Ky.R. 300; Am. 593; eff. 12-1-82; 14 Ky.R. 2082; eff. 8-3-88; 16 Ky.R. 2786; eff. 7-18-90; 17 Ky.R. 526; eff. 9-19-90; 19 Ky.R. 301; 732; eff. 8-28-92; 21 Ky.R. 1794; eff. 2-15-95; 27 Ky.R. 1938; 2480; eff. 3-6-2001; 41 Ky.R. 2414; 42 Ky.R. 320; eff. 9-4-2015.; 47 Ky.R. 212, 1048, 1230; eff. 12-15-2020)

7-Year Expiration: 12/15/2027

Last Action: 12/15/2021


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