902 KAR 45:010. Definitions.


      RELATES TO: KRS 217.005-217.215, 217.992

      STATUTORY AUTHORITY: KRS 194.050, 211.090

      NECESSITY, FUNCTION, AND CONFORMITY: The Cabinet for Human Resources is empowered by KRS 217.005, et seq. to regulate food. The purpose of this administrative regulation is to define terms applicable to administrative regulations adopted by the Cabinet for Human Resources relating to food and retail food markets.


      Section 1. Definitions. The following terms shall have the meanings set forth below in administrative regulations adopted by the Cabinet for Human Resources relating to food and retail food markets, unless clearly indicated otherwise.

      (1) "Approved" means acceptable to the cabinet based on determination as to conformance with appropriate standards and good public health practices.

      (2) "Chemical preservative" means any chemical that, when added to a food, tends to prevent or retard deterioration thereof, but does not include common salt, sugars, vinegars, spices, or oils extracted from spices, substances added to food by direct exposure thereof to wood smoke, or chemicals applied for their insecticidal or herbicidal properties.

      (3) "Closed" means without openings large enough for the entrance of insects. An opening of one-sixteenth (1/16) inch or less is closed.

      (4) "Corrosion-resistant material" means those materials that maintain their original surface characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and bactericidal solutions and other conditions of the use environment.

      (5) "Easily cleanable" means that surfaces are readily accessible and made of such material and finish and so fabricated that residue may be effectively removed by normal cleaning methods.

      (6) "Employee" means the permit holder, individuals having supervisory or management duties and any other person working in a food handling establishment.

      (7) "Equipment" means stoves, ranges, hoods, ovens, (including microwave), cookers, bins, conveyor belts, refrigerators, freezers, mixers, grinders, saws, sinks, tables, display cases, meat blocks, wrapping machines, scales, check-out counters, vehicles and similar items.

      (8) "Food contact surfaces" means those surfaces with which food may come in contact, and those surfaces that drain onto surfaces that may come in contact with food.

      (9) "Food processing establishment" means a commercial establishment, that is under the inspection of a regulatory agency, in which food is processed, prepared, packaged or distributed for human consumption.

      (10) "Kitchenware" means all multiuse utensils other than tableware used in the storage, preparation, conveying or serving of food.

      (11) "Packaged" means bottled, canned, cartoned, or securely wrapped at a food processing establishment.

      (12) "Package" means any container or wrapping in which any food is enclosed for use in the delivery or display to retail purchasers, but does not include: shipping containers or outer wrappings used by retailers to ship or deliver any food to retail customers if such containers and wrappings bear no printed matter pertaining to any particular commodity; containers used for tray pack displays in retail establishments; transparent wrappers or containers which do not bear written, printed, or graphic matter obscuring the label information, and any other exemption granted pursuant to the Federal Food, Drug and Cosmetic Act.

      (13) "Perishable food" means food of such type or in such conditions or physical state that it may spoil or otherwise become unfit for human consumption.

      (14) "Potentially hazardous food" means any food which consists in whole or in part of milk or milk products, eggs or egg products, meat or meat products, poultry or poultry products, fish or fish products, shellfish (oysters, clams, mussels and edible crustacea) or shellfish products, cooked rice, or other ingredients including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. This term does not include clean, whole, uncracked, odor-free shell eggs or foods which have a pH level of four and six-tenths (4.6) or below or a water activity value of eighty-five (85) percent or less, nor does it include hard-boiled, peeled eggs, commercially prepared, packaged and properly labeled.

      (15) "Reconstituted" means dehydrated food products combined with water or other liquids.

      (16) "Retail food market" or "market" means any establishment where food or food products, including prepackaged, labeled sandwiches or other foods to be heated in a microwave or infrared oven at the time of purchase, are offered for sale to the consumer, and intended for off-premises consumption, but does not include establishments which handle only prepackaged, snack-type, nonpotentially hazardous foods, markets that offer only fresh fruits and vegetables for sale, food service establishments, food and beverage vending machines, vending machine commissaries or food processing establishments.

      (17) "Safe temperature" means, when considering potentially hazardous food, food temperature of forty-five (45) degrees Fahrenheit or below and 140 degrees Fahrenheit or above, except for frozen food, which should be stored at zero degrees Fahrenheit, or less.

      (18) "Sanitization" means effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens, to a safe level on utensils and equipment.

      (19) "Sealed" means free of cracks or other openings which permit the entry or passage of moisture.

      (20) "Single-service articles" means cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping material including bags, toothpicks and similar articles which are designed for one (1) time, one (1) person use and then discarded.

      (21) "Utensil" means any implement used in the preparation, storage, transportation or service of food.

      (22) "Wholesome" means in sound condition, clean, free from adulteration, and otherwise suitable for use as human food. (1 Ky.R. 533; eff. 3-12-75; Am. 2 Ky.R. 529; eff. 6-2-76; 6 Ky.R. 373; eff. 5-7-80; 16 Ky.R. 1031; eff. 1-12-90.)