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Ex. DUT-KY-015 Standing duty Primary source read

902 KAR 45:005

Kentucky food code (adopting the 2013 FDA Food Code with revisions)

Cabinet for Health and Family Services, Department for Public Health · Kentucky (State)

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The record

Jurisdiction
Kentucky
Level
State
Authority
KRS 194A.050, 211.090, 217.125, 217.127 (state retail food code)
Effective
standing
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • specified businesses: retail food establishments and food service establishments and their permit holders and persons in charge
Character
sanitary code duty
Collection
Standing duties: Kentucky DUT-KY

Operative words

(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

Penalty

immediate permit suspension (Section 7); KRS 217.992 (penalties for violation of KRS 217.005 to 217.215)

What it required

Kept every retail food establishment (restaurant, bar, food service) under a Cabinet permit that must be suspended at once for an imminent public health hazard (Section 7), with the FDA Food Code's duties of the person in charge (employee health, exclusion and restriction of ill food employees, sanitation) incorporated by reference (Section 2); the permit and sanitation regime through which the Cabinet's March 16, 2020 dine-in closure (Ex. KY-003, reciting KRS 217) and the Healthy at Work restaurant requirements (Exs. KY-021, KY-026, KY-073) were enforced by local health departments.

Retrieval note

The FDA Food Code text itself is incorporated by reference and not reproduced in the KAR; cite its Chapter 2-2 (employee health) from the FDA edition when needed. KRS 217.125 (permits) and 217.126 (immediate suspension of a retail food establishment permit for listed conditions) were read on the LRC site September 28, 2026 and are not saved.