902 KAR 10:020. Frozen food locker plants.


      RELATES TO: KRS Chapter 221

      STATUTORY AUTHORITY: KRS Chapter 13B, 194.050, 211.090, EO 96-862

      NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 221 authorizes the Cabinet for Health Services to regulate frozen food locker plants. The purpose of this administrative regulation is to provide uniform requirements for the administrative regulation of frozen food locker plants. Executive Order 96-862, effective July 2, 1996, reorganizes the Cabinet for Human Resources and places the Department for Public Health and its programs under the Cabinet for Health Services.


      Section 1. Plan Review of Future Construction. No person shall construct, remodel or extensively alter any frozen food locker plant until the plans and specifications have first been submitted to the local health department, and approved in writing.


      Section 2. Display of Licenses. Frozen food locker plant licenses issued by the cabinet shall be displayed in a conspicuous place in the plant.


      Section 3. Construction Requirements. (1) Walls, ceilings and floors.

      (a) Side walls and ceilings of every frozen food locker plant shall be constructed of smooth surfaces and kept clean.

      (b) Each building, room or enclosure used for the preparation, manufacture, packing, storage, freezing, sale or distribution of food shall have an impermeable floor that can be flushed and washed clean with water.

      (2) Ventilation. All frozen food locker plants shall be adequately ventilated excluding areas devoted exclusively to refrigeration.

      (3) Lighting.

      (a) All working surfaces shall be provided with at least twenty (20) foot-candles of artificial light.

      (b) Storage rooms including those under refrigeration shall have at least ten (10) foot-candles of artificial light, measured at a distance of thirty (30) inches from the floor.

      (c) Light fixtures in rooms under refrigeration shall be provided with vapor-proof globes.

      (4) Water supply. All frozen food locker plants shall be supplied with adequate hot and cold running water under pressure from a source approved by the Natural Resources and Environmental Protection Cabinet pursuant to administrative regulations 401 KAR Chapter 8.

      (5) Lavatory and toilet facilities.

      (a) Adequate, conveniently located, lavatory and toilet facilities shall be provided for employees.

      (b) Toilet facilities including rooms and fixtures shall be kept in a clean condition and in good repair.

      (c) Toilet tissue, cleansers, single service towels or hand drying devices and covered waste receptacles shall be provided.

      (6) Construction of utensils and equipment. Utensils and equipment used in the processing of food shall be nontoxic, constructed to be easily cleanable, and kept in good repair. Utensils containing or plated with cadmium or lead shall not be used.

      (7) Cleaning and bactericidal treatment. Utensils and equipment shall be subjected to cleaning and bactericidal treatment.

      (8) Plumbing. All plumbing shall be installed in accordance with the state Plumbing Code, KRS Chapter 318.

      (9) Waste disposal. Garbage, trash, sewage and other wastes shall be disposed of in an approved manner.


      Section 4. Refrigeration Controls. (1) The refrigeration system for a frozen food locker plant shall be equipped with:

      (a) Accurate and automatic controls of adequate capacity to provide under extreme conditions of outside temperatures and under peak load conditions for the maintenance of uniform safe temperatures in refrigerated rooms.

      (b) Accurate self-recording or self-registering thermometer shall be provided in the locker room.

      (c) Temperature records of thermometers shall be kept at the plant and shall be preserved for at least one (1) year from the date of the recording. The thermometer in the locker room shall be placed in a position where it may be readily observed by the patrons.

      (2) Recording thermometers shall:

      (a) Continually record temperatures in plants for a period of not less than seven (7) days;

      (b) Be enclosed in moisture-proof cases, permanently fastened to a substantial wall in the vestibule or waiting room; and

      (c) Be installed in a manner as to be visible at all times.

      (3) Recording instrument shall be kept locked at all times except if changing recording dials or charts, inking, or repairing. Charts shall:

      (a) Be changed once each week;

      (b) Be properly dated so as to indicate the period for which temperatures were recorded;

      (c) Be signed by the operators; and

      (d) Be made available for inspection for at least one (1) year.

      (4) The sensitive bulb used to determine temperatures shall be located in the locker room and installed to insure efficient and proper operation at all times. The bulb shall not be placed directly in front of any door or blower.

      (5) If more than one (1) room or one (1) section of lockers is maintained in a frozen food plant, which rooms or sections of lockers are refrigerated independently of each other, a sensitive bulb properly connected to an accurate recording thermometer shall be installed in each room or section of lockers to provide accurate recordings or temperatures in each room or section of lockers.


      Section 5. Storage and Handling of Food. (1) Food shall not be placed in a locker for storage unless it has been inspected by the operator and sharp-frozen for preservation so rapidly that ice crystals formed are too small to rupture the cells and natural juices and flavor are preserved.

      (2) The lockers in any plant shall be constructed to protect the contents from contamination, or deterioration Lockers with perforated bottoms shall be provided with a suitable unperforated liner or tray.

      (3) All meats to be frozen or stored shall be wrapped in paper or other material which meets the requirements of the Code of Federal Regulations, Title 21, Food and Drug Administration Chapter 1, Subpart B, Substances for Use Only as Components of Paper and Paperboard which is incorporated by reference. Copies may be examined at the Office of the Commissioner, Department for Public Health, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, between the hours of 8 a.m. and 4:30 p.m. All fruits and vegetables shall be wrapped or packed before they are placed in a locker. Each wrapped portion shall be marked or stamped with the correct locker number and the date of wrapping.

      (4) Fresh carcass meats shall be identified with a suitable tag or stamp. Meats that are not clean shall be washed with cold water and cleaned or rejected. If accepted, the carcass shall be placed in the chill room, long enough to lose body heat.

      (5) In applying marks directly to meats or other food products, the operator shall use only nontoxic ink or other harmless substances.

      (6) Before being frozen, vegetables shall be cleaned, and packed in containers for freezing.

      (7) Before being frozen, fruit shall be cleaned and packed in containers for freezing.

      (8) All fish shall be promptly washed with clean water, wrapped, frozen and marked with the date and the locker number.

      (9) Foods not intended for human consumption, shall be stored in a room or locker specifically set apart for that purpose. Nonconsumable foods shall not be stored in the chill room, aging room, sharp-freeze room or locker room of any frozen food locker plant where foods intended for human consumption are stored.

      (10) Patrons shall not be permitted to handle meats or foods, other than their own which are stored in the chill room, or are in the process of preparation or freezing for storage.

      (11) Foods stored shall be protected from filth, flies, dust, dirt, insects, vermin and other contamination. No food shall be stored in a manner as to cause deterioration of food in adjacent lockers.

      (12) If refrigeration coils or plates are located directly above a patron's locker, they shall be defrosted so that contents of the locker are not contaminated.

      (13) Patrons renting lockers, who are directly or indirectly engaged in the selling of food, shall declare this fact to the operator, and suitable entry shall be made on the operator's record.


      Section 6. Employee Health and Cleanliness. (1) Frozen food locker plant operators shall not permit any person who has a communicable disease or is a carrier of a communicable disease, or who is suffering from any infected wound, to work in any physical contact with food in a frozen food locker plant or a branch frozen food locker plant.

      (2) Every person employed in a frozen food locker plant and engaged in direct physical contact with the food during its preparation, processing or storage, shall be clean in person and wear clean washable outer garments and suitable head coverings, which are to be used only for that purpose.


      Section 7. Miscellaneous Requirements. (1) All frozen food locker plants shall be provided with adequate lockers or dressing rooms for employees separate and apart from any room in which food is prepared, processed, chilled, frozen or stored.

      (2) Tobacco shall not be used in any room where food is processed or stored.

      (3) No room used for the preparation, processing, storage, display or sale of foods shall be used as a living or sleeping room.

      (4) No dogs, cats or other animals shall be permitted in a frozen food locker plant.

      (5) Any plant using a toxic gas refrigerant shall have at least one (1) gas mask of a type approved by the National Institute of Occupational Safety and Health and shall have the gas mask placed where it will be readily accessible.


      Section 8. Enforcement Procedures. (1) The frozen food locker license shall be suspended immediately upon notice to the holder without a hearing if the local health department has reason to believe that an imminent health hazard exists. In this event, the permit holder may request a hearing. All administrative hearings shall be conducted in accordance with 902 KAR 1:400.

      (2) In all other instances of violation of the provisions of this administrative regulation the local health department shall serve the holder of the frozen food locker license a written notice specifying the violations and afford the license holder a reasonable opportunity to correct same.

      (3) If a frozen food locker license holder has failed to comply with any written notice issued under the provisions of this administrative regulation the local health department may suspend the license.

      (4) The holder of the frozen food locker license shall be notified in writing that the license shall be suspended at the end of ten (10) days following service of the notice unless a request for a hearing is filed in accordance with 902 KAR 1:400.

      (5) Any person whose license has been suspended may make a request in writing for reinstatement of the license. (San-3; 1 Ky.R. 510; eff. 3-12-75; Am. 20 Ky.R. 1398; 1829; eff. 1-10-94; 22 Ky.R. 2365; eff. 8-1-96.)