902 KAR 45:100.
Vending machines; food and beverages.
RELATES TO: KRS
217.808-217.812, 217.990(8)
STATUTORY AUTHORITY:
KRS Chapter 13B, 194.050, 211.090, EO 96-862
NECESSITY, FUNCTION,
AND CONFORMITY: The Cabinet for Health Services is empowered by KRS 217.808 et.
seq. to regulate food vending machines. This administrative regulation relates
to the sanitation and inspection of food vending machines, food vending
commissaries and the issuance and suspension of permits. The purpose of this
administrative regulation is to establish uniform requirements for the
regulation of food vending machines and food vending commissaries in Kentucky.
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. Citation
of Regulation. This administrative regulation may be cited as the "State
Food and Beverage Vending Machine Code."
Section 2. Sale of
Adulterated or Misbranded Food Prohibited. (1) No person shall sell, offer or
expose for sale, through vending machines, or have in his possession with
intent to sell therefrom, any food which is adulterated or misbranded as set
forth in KRS 217.025 and 217.035 of the Kentucky Food, Drug and Cosmetic Act.
(2) Samples of food
may be taken and examined by the cabinet as often as may be necessary to
determine freedom from adulteration or misbranding.
Section 3.
Sanitation Requirements for Vending Machine Operations. (1) Food supplies. At
all times, including while being prepared, stored, loaded, displayed, or
transported, food intended for sale through vending machines and condiments or
other foods available at vending machine locations shall be wholesome,
correctly labeled and processed under sanitary conditions acceptable to the
cabinet and shall be protected from contamination by all agents, including
dust, insects, rodents, unclean equipment and utensils, unnecessary handling,
coughs, sneezes, flooding, draining, and overhead leakage or condensation. All
meat and meat products and poultry and poultry products shall have been
inspected and passed for wholesomeness by an official governmental agency. All
hermetically sealed foods offered for sale shall have been processed in
approved food processing establishments. Home prepared food shall not be used
or offered for sale through vending machines.
Special
requirements.
(a) Milk and fluid
milk products offered for sale through vending machines shall be pasteurized,
shall meet the Grade A quality standards as established by law, and shall be
dispensed only in individual original containers.
(b) Milk and fluid
milk products and fluid nondairy products (creaming agents) shall not be
dispensed in vending machines as additional ingredients in hot liquid beverages
or other foods.
(c) Fresh fruits
which may be eaten without peeling shall be thoroughly washed in potable water
at the packing plant by the processor, or at the commissary before being placed
in the vending machines for dispensing. The washed fruit shall be protected
from contamination after the washing process.
(d) All food, other
than fresh fruit, shall be stored or packaged in clean protective containers,
and all food shall be handled and vended in a sanitary manner.
(e) Potentially
hazardous food offered for sale through vending machines shall be dispensed to
the consumer in the individual, original container or package into which it was
placed at the commissary or at the manufacturer's or processor's plant.
Potentially hazardous food shall not be dispensed from bulk food machines.
(f) Potentially
hazardous food shall be maintained at safe temperatures except as follows:
1. During necessary
periods of preparation and packaging; and
2. During the actual
time required to load or otherwise service the machine and for a maximum
machine ambient temperature recovery period of thirty (30) minutes following
completion of loading or servicing operation.
(2) Consumer
containers. All food-contact surfaces of containers shall be protected from
contamination. If condiments or other foods are provided for service in
conjunction with food dispensed by a vending machine, they shall be packaged in
individual portions in single-service containers or shall be dispensed from
approved sanitary dispensers which are washed, sanitized and filled at the
commissary, or be commercially prepared in nonreusable containers. Relish bowls
and similar condiment containers shall not be used at unattended locations.
Drinking straws, stirrers, toothpicks, spoons, knives, forks, and similar
articles which are provided in conjunction with food dispensed by a vending machine
shall be individually wrapped or dispensed from bulk containers in a sanitary
manner.
(3) Equipment
maintenance and operations.
(a) Vending machines
dispensing potentially hazardous food shall be provided with adequate
refrigerating or heating units, or both, and thermostatic controls which insure
the maintenance of applicable temperatures at all times. Such vending machines
shall also have controls which prevent the machine from vending potentially
hazardous food until serviced by the company, in the event of power failure or
other conditions, resulting in noncompliance with temperature requirements in
the food storage compartment. Hot food vending machines designed to heat foods
through the potentially hazardous range of forty-five (45) degrees Fahrenheit
to 140 degrees Fahrenheit, shall also be equipped with automatic controls which
prevent the machine from vending such food if heating through this temperature
range is not accomplished in 120 minutes or less. Provided, however, equipment
which was installed prior to March 12, 1975 that does not meet fully the above
requirements, may be continued in use if it is in good repair, capable of being
maintained in a sanitary condition, and the food contact surfaces are nontoxic.
(b) Potentially
hazardous food that has failed to conform to the time-temperature requirements
of this administrative regulation, shall be removed from the vending machine,
and be denatured or otherwise rendered unusable for human consumption.
(c) Vending machines
dispensing potentially hazardous food shall be provided with one (1) or more
thermometers which, to an accuracy of plus or minus three (3) degrees
Fahrenheit, indicate the air temperature of the warmest part of the
refrigerated food storage compartment, or the coldest part of the heated food
storage compartment, whichever is applicable.
(4) Inspection of
vending machine commissaries. All commissaries providing food for vending
machines covered by this administrative regulation shall comply with the
applicable provisions of the current "State Food Service Code."
(5) Machine
location.
(a) Vending
machines, ovens and other equipment shall be located in a room, area or space
which can be maintained in a clean condition and which is protected from
overhead leakage or condensation from water, waste, or sewer piping. The
immediate area in which the equipment is located shall be well lighted and
ventilated. Each vending machine shall be located so that the space around and
under the machine can be easily cleaned and maintained, and so that insect and
rodent harborage is not created.
(b) The floor area
where vending machines are located shall be reasonably smooth, of cleanable
construction, and be capable of withstanding repeated washing and scrubbing.
This space and the immediate surroundings of each vending machine shall be
maintained in a clean condition.
(c) Adequate
hand-washing facilities, including hot and cold or tempered running water, soap
and individual towels, shall be convenient to the machine location and shall be
available for use by employees servicing or loading bulk food machines.
(6) Single-service
articles. Single-service articles shall be purchased in sanitary packages which
protect the articles from contamination, shall be stored in a clean, dry place
until used, and shall be handled in a sanitary manner. Such articles shall be
furnished to the customer in the original individual wrapper or from a sanitary
single-service dispenser. All single-service articles shall be protected from
manual contact, dust, insects, rodents, and other contamination.
(7) Other equipment.
(a) All other
equipment at the vending location must be kept clean. Food-contact surfaces, if
any, must be cleaned, rinsed and sanitized at a frequency established by the
cabinet based upon the type of product being dispensed.
(b) The cavities and
door edges of microwave ovens shall be kept free of encrusted grease deposits
and other accumulated soils and shall be cleaned daily, or as often as is
necessary to achieve the safe, sanitary operation thereof. All doors, seals,
hinges, and latch fasteners (screws and related hardware) shall be kept tight
and adjusted in accordance with manufacturer's procedures. Microwave ovens
shall be in compliance with applicable safety standards of the United States
Food and Drug Administration's Center for Devices and Radiological Health.
(c) Food-contact
surfaces of all equipment and utensils must be protected from contamination at
all times including while being transported from the commissary to the vending
location.
(8) Exterior
construction and maintenance.
(a) The vending
machine shall be of sturdy construction and the exterior shall be designed,
fabricated, finished, and maintained to facilitate its being kept clean and to
minimize the entrance of insects and rodents. The exterior of the machine shall
be kept clean.
(b) Door and panel
access openings to the food and container storage spaces of the machine shall
be tight fitting, and if necessary, gasketed to prevent the entrance of dust,
moisture, insects, and rodents.
(c) All ventilation
louvers or openings into vending machines shall be effectively screened.
Screening material for openings into food and container storage spaces of the
machine shall be not less than sixteen (16) mesh to the inch or equivalent.
Screening material for openings into condenser units which are separated from
food and container storage spaces shall be not less than eight (8) mesh to the
inch or equivalent.
(d) In all vending
machines in which the condenser unit is an integral part of the machine, such
unit when located below the food and container storage space, shall be
separated from such space by a dust proof barrier, and when located above,
shall be sealed from such space.
(e) In order to
prevent seepage underneath the machine and to promote cleaning, free standing
vending machines shall have one (1) or more of these elevation or movability
features:
1. Be light enough to
be manually moved with ease by one (1) person; or
2. Be elevated on
legs or extended side walls to afford, with or without kick plates, and
unobstructed vertical space of at least six (6) inches under the machine; or
3. Mounted on
rollers or casters which permit easy movement; or
4. Be sealed to the
floor.
Where used, kick
plates shall be easily removable or be capable of being rotated. These kick
plates shall be designed and installed to make the area under the machine
easily accessible for routine cleaning without unlocking the cabinet door.
(f) Counter type
machines shall be:
1. Sealed to the
counter; or
2. Mounted on four
(4) inch legs or the equivalent; or
3. Easily moved for
cleaning with service connections in place.
(g) All service
connections through an exterior wall of the machine including water, gas,
electrical, and refrigeration connections, shall be grommeted, or closed with
no opening over 1/32 inch to prevent the entrance of insects and rodents. All
service connections to machines vending potentially hazardous food shall be
such as to discourage unauthorized or unintentional disconnection.
(9) Interior
construction and maintenance.
(a) The
nonfood-contact surfaces of the interior of vending machines shall be designed
and constructed to permit easy cleaning and to facilitate maintenance
operations and shall be kept clean and in good repair. Inaccessible surfaces
and areas shall be minimized.
(b) All food-contact
surfaces of vending machines shall be smooth, in good repair, and free of
breaks, corrosion, open seams, cracks, and chipped places. The design of such
surfaces shall preclude routine contact between food and "V" type
threaded surfaces except that in equipment where such contact is unavoidable,
such as ice makers, such threads shall be minimized. All joints and welds in
food-contact surfaces shall be smooth, and all internal angles and corners of
such surfaces shall be rounded to facilitate cleaning.
(c) If solder or
other sealer is used on food-contact surfaces, it shall be composed of safe
materials and be corrosion resistant.
(d) All food-contact
surfaces of vending machines, including containers, pipes, valves, and
fittings, shall be constructed and repaired with safe materials, including
finishing materials; shall be corrosion-resistant, nonabsorbent, easily
cleanable and durable under conditions of normal use and shall be cleaned,
rinsed, and sanitized at a frequency established by the cabinet based upon the
type of product being dispensed.
(e) All food-contact
surfaces, unless designed for in-place cleaning, shall be accessible for manual
cleaning, rinsing, sanitizing, and inspection:
1. Without being
disassembled; or
2. By disassembly
without the use of tools; or
3. By easy
disassembling with the use of only simple tools such as a screwdriver or an
open-end wrench.
(f) All food-contact
parts or surfaces not designed for in-place cleaning (paragraph (g) of this
subsection) shall be cleaned, rinsed and sanitized in clean portable containers
or in utensil washing sinks at the location or at the commissary. Cleaning
shall consist of washing in warm water containing a suitable detergent and
brushing or wiping, as appropriate. Rinsing shall consist of immersion or
wiping with clean clear rinse water. Sanitizing shall be accomplished by:
1. Immersion or
rinsing in water of at least 170 degrees Fahrenheit for thirty (30) seconds; or
2. Immersion for one
(1) minute in a chemical sanitizing solution containing at least fifty (50)
parts per million (p.p.m.) of available chlorine, or twelve and five-tenths
(12.5) p.p.m. of available iodine, or 200 p.p.m. of quaternary ammonium
sanitizer.
3. When chemicals
are used for sanitization, a test kit or other device that accurately measures
the parts per million concentration of the solution shall be provided and used.
(g) In machines
designed so that food-contact surfaces are not readily removable, all such
surfaces intended for in-place cleaning shall be designed and fabricated that:
1. Cleaning and
sanitizing solutions can be circulated throughout a fixed system using an
effective cleaning and sanitizing regimen; and
2. Cleaning and
sanitizing solutions will contact all food-contact surfaces; and
3. The system is
self-draining or capable of being completely evacuated; and
4. The procedures
utilized result in thorough cleaning of the equipment.
(h) The openings
into all nonpressurized containers used for the storage of vendible food,
including water, shall be provided with covers which prevent contamination from
reaching the interior of the containers. Such covers shall be designed to
provide a flange which overlaps the opening, and shall be sloped to provide
drainage from the cover wherever the collection of condensation, moisture, or
splash is possible. Concave covers are prohibited. Any port opening through the
cover shall be flanged upward at least three-sixteenths (3/16) of an inch, and
shall be provided with an overlapping cover flanged downward. Condensation,
drip, or dust deflecting aprons shall be provided on all piping, thermometers,
equipment, rotary shafts, and other functional parts extending into the food
container unless a watertight joint is provided. Such aprons shall be
considered as satisfactory covers for those openings which are in continuous
use. Gaskets, if used, shall be of safe materials, relatively stable, and
relatively nonabsorbent, and shall have a smooth surface. All gasket retaining
grooves shall be easily cleanable.
(i) The delivery
tube or chute and orifice of all bulk food vending machines shall be protected
from normal manual contact, dust, insects, rodents, and other contamination.
The design shall divert condensation or moisture from the normal filling
position of the container receiving the food. The vending stage of such
machines shall be provided with a tight-fitting, self-closing door or cover
which is kept closed except when food is being removed. The cup filling area or
platform of controlled location vending machines shall not require a door or
cover if there is no opening in the cabinet interior at the point other than
for dispensing tube(s) or trapped waste tubing.
(j) The food storage
compartment and other compartments in refrigerated vending machines which are
subject to condensation or cooling water retention shall be self-draining or equipped
with a drain outlet which permits complete draining. In vending machines
designed to store cartoned beverages, diversion devices, and retention pans or
drains for leakage shall be provided. All such drains, devices, and retention
pans shall be easily cleanable.
(k) Can and bottle
openers which come into contact with the food or the food-contact surfaces of
the containers shall be constructed of corrosion-resistant, nonabsorbent, and
safe materials and shall be kept clean. Cutting or piercing parts of multiuse
openers which come into contact with the food or food-contact surface of
containers shall be reasonably protected from manual contact, dust, insects,
rodents, and other contamination; and such parts shall be readily removable for
cleaning.
(l) Lighting
fixtures located in vending machines shall be shielded, coated or otherwise
shatter resistant, except that this requirement shall not apply to vending
machines which dispense only prepackaged foods.
(10) Water supply.
(a) All water used
in vending machines shall be of a safe and sanitary quality and from a source
constructed and operated in accordance with applicable standards of the Natural
Resources and Environmental Protection Cabinet. Water used as a food ingredient
shall be piped to the vending machine under pressure.
(b) All plumbing
connections and fittings shall be installed and maintained in accordance with
the State Plumbing Code.
(c) If used, water
filters or other water conditioning devices shall be of a type which may be
disassembled for periodic cleaning or replacement of the active element.
Replacement elements shall be handled in a sanitary manner.
(d) To prevent
leaching of toxic materials caused by possible interaction of carbonated water,
piping and contact surfaces, postmix soft drink vending machines manufactured
after January 1, 1975, which are designed with an incoming water supply air gap
shall have no copper tubing or other potentially toxic water system tubing
between the air gap and the downstream, carbonated water dispensing nozzle.
(e) To prevent
leaching of toxic materials caused by possible interaction of carbonated water,
piping and contact surfaces, postmix soft drink vending machines which are
directly connected to the external water supply system shall be equipped with a
double (or two (2) single) spring-loaded check valves or other devices which
will provide positive protection against the entrance of carbon dioxide or
carbonated water into the water supply system. Backflow preventive devices
shall be located to facilitate servicing and maintenance. No copper tubing or
other potentially toxic tubing or contact surfaces shall be permitted in or
downstream from the check valves or backflow devices. These check valves or
devices should be inspected and cleaned or replaced annually.
(f) Where
spring-loaded check valves are used to prevent the backflow of carbon dioxide
into accessible upstream copper or other potentially toxic piping or tubing, a
screen of not less than 100 mesh to the inch shall be installed in the water
line immediately upstream from the check valves in a location which permits
servicing or replacement.
(g) In all vending
machines in which carbon dioxide is used as a propellant, all food-contact
surfaces from the check valves or other protective devices, including the
valves or devices, shall be of such material as to preclude the production of
toxic substances which might result from interaction with carbon dioxide or
carbonated water.
(11) Waste disposal.
(a) All trash and
other solid or liquid waste shall be removed from the machine location as
frequently as may be necessary to prevent nuisance and unsightliness, and shall
be disposed of in accordance with applicable administrative regulations of the
Natural Resources and Environmental Protection Cabinet.
(b) Self-closing,
leak-proof, easily cleanable, insect-proof, and rodent-proof waste receptacles
shall be provided in the vicinity of each machine or machines to receive used
cups, cartons, wrappers, straws, closures, and other items.
(c) Plastic bags and
wet-strength paper bags may be used to line the receptacles. Soiled waste
receptacles shall be cleaned at a frequency to prevent insect and rodent
attraction.
(d) Waste
receptacles shall not be located within the vending machines with the exception
of those machines dispensing only packaged food with crown closures; in which
case, the closure receptacles may be located within the machine. Waste
receptacles shall not be located under counters or otherwise enclosed in a
manner that will create a nuisance or prevent space around and under the
counter or enclosure from being easily cleaned and maintained. Suitable racks
and cases shall be provided for multiuse containers or bottles.
(e) Containers shall
be provided within all machines dispensing liquid food in bulk for the
collection of drip, spillage, overflow, or other internal wastes. Such machines
shall be equipped with an automatic shutoff device at the waste pail or other
devices or valves which will place the machine out of operation before the
waste pail overflows. Such devices shall prevent water or liquid product from
continuously running in the event of the failure of any single control, high
level control, or other flow control device in the liquid product or water
system.
(f) Containers or
surfaces on which such wastes may accumulate shall be readily removable for
cleaning, shall be easily cleanable, and shall be corrosion-resistant. If
liquid wastes from drip, spillage, or overflow, which originate within the
machine are discharged into a sewerage system, the connection to the sewer
shall be through an air gap.
(12) Delivery of
food, equipment, and supplies to machine locations. Food, food-contact surfaces
of containers, equipment and supplies, shall be protected from contamination
while in transit to machine location. Potentially hazardous food, while in
transit and in storage on location, shall be maintained at safe temperatures.
(13) Personnel -
cleanliness.
(a) Employees shall
maintain a high degree of personal cleanliness and shall conform to good
hygienic practices while engaged in direct handling of foods, or food-contact
surfaces of utensils or equipment.
(b) Employees shall
thoroughly wash their hands with soap and warm water immediately prior to
engaging in any vending machine servicing operation which may bring them into
contact with food, or with food-contact surfaces of utensils, containers, or
equipment. While engaged in such service operations, employees shall wear clean
outer garments, shall not use tobacco in any form and shall keep their fingernails
clean and trimmed.
Section 4. Health
and Disease Controls. No person while affected with any disease in a
communicable form, or while a carrier of such disease, or while afflicted with
boils, infected wounds, sores, a cold, diarrhea, gastrointestinal upsets, or a
respiratory infection, shall work in any area of a commissary or vending
operation in any capacity in which there is a likelihood of such person
contaminating food or food-contact surfaces with pathogenic organisms or
transmitting disease to other individuals; and no person known or suspected of
being affected with any such disease or condition shall be employed in such an
area or capacity. If the manager or person in charge of the vending machine or
commissary operation has reason to suspect that any employee has contracted any
disease in a communicable form or has become a carrier of such disease, he
shall notify the cabinet immediately.
Section 5. Procedure
when Infection is Suspected. When the cabinet has reasonable cause to suspect
the possibility of disease transmission from any employee, the cabinet shall
secure a morbidity history of the suspected employee or make such other
investigation as may be indicated, and take appropriate action. The cabinet may
require any or all of the following:
(1) The immediate
exclusion of the employee from all commissaries and vending machine operations.
(2) The immediate
closure of the commissaries and operations concerned until, in the opinion of
the cabinet, no further danger of disease outbreak exists.
(3) Restriction of
the employee's services to some area of work where there would be no danger of
transmitting disease.
(4) Adequate medical
examination of the employee and of his associates, with such laboratory
examinations as may be indicated.
Section 6. Issuance
of Permits. (1) No person shall operate a vending machine company within the
Commonwealth of Kentucky who does not possess a valid permit issued to him by
the cabinet as provided by KRS 217.809. Only a person who complies with the
requirements of this administrative regulation shall be entitled to receive and
retain such a permit. Permits shall not be transferable from one company to
another company or place. A valid permit shall be conspicuously posted in the
headquarters office of every food vending company.
(2) Any person
desiring to operate one (1) or more vending machines in the Commonwealth of
Kentucky shall make application in writing on Form DFS-208. This form is
incorporated by reference and may be viewed or obtained at the 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. Such applicant shall provide
the following information:
(a) The applicant's
full name, post office address, and whether such applicant is an individual,
firm or corporation. If any partnership exists, the names of the partners,
together with their addresses, shall be included.
(b) The location of
the commissary or commissaries and of other establishments where vending
machines are repaired or renovated.
(c) The identity and
form of the products to be dispensed through vending machines and the number of
each such type vending machine in the applicant's possession.
(d) The company
shall maintain and make available to the cabinet upon request, a list of the
number of all vending machines operated by the company and their specific
locations within each county served and of all commissaries or other
establishments from which the machines are serviced.
(e) Accompany each
application for a permit to operate a vending machine company with the correct
fee as provided by KRS 217.811.
(f) The application
shall contain the signature of the applicant or applicants.
(3) Upon receipt of
such application, the cabinet shall make an inspection of the vending machine
company to determine compliance with the provisions of this administrative
regulation. A numbered operator's permit shall be issued to the applicant by
the cabinet after compliance by the operator with the applicable provisions of
this administrative regulation.
(4) The company
shall provide on each machine or on a wall placard placed at the location of
the machine(s) the company's name, address and telephone number. This
identification shall also contain the words "Cabinet for Human Resources
Permit ______" or "CHR Permit _______." Such information shall
be readily visible after placement on the machine or at the machine location.
(5) Whenever a
machine is no longer in service, is sold or transferred to another vending
machine company, the company holding the permit for that machine shall remove
the identification for such machine.
Section 7.
Suspension of Permits. (1) Whenever the cabinet has reason to believe that an
imminent public health hazard exists, or whenever the permit holder has
interfered with the cabinet's personnel in the performance of their duties, the
permit may be suspended immediately upon notice to the permit holder without a
hearing. In such event, the permit holder may request a hearing.
(2) In all other
instances of violation of the provisions of this administrative regulation, the
cabinet shall serve upon the holder of the permit a written notice specifying
the violation(s) in question and afford the holder a reasonable opportunity to
correct same. Whenever a permit holder has failed to comply with any written
notice issued under the provisions of this administrative regulation, the
permit holder or operator shall be notified in writing that the permit shall be
suspended at the end of ten (10) days following service of such notice, unless
a written request for a hearing is filed in accordance with 902 KAR 1:400.
Section 8.
Reinstatement of Suspended Permits. Any company whose permit has been suspended
may, at any time, make application for a reinspection for the purpose of
reinstatement of the permit. Within ten (10) days following receipt of a
written request, including a statement signed by the applicant that in his
opinion the conditions causing suspension of the permit have been corrected,
the cabinet shall make a reinspection. If the applicant is complying with the
requirements of this administrative regulation, the permit shall be reinstated.
Section 9.
Revocation of Permits. For serious or repeated violations of any of the
requirements of this administrative regulation, or for interference with the
cabinet's personnel in the performance of their duties, the permit may be
permanently revoked after an opportunity for a hearing has been provided by the
cabinet. Prior to such action, the cabinet shall notify the permit holder in
writing, stating the reasons for which the permit is subject to revocation and
advising the permit shall be permanently revoked at the end of ten (10) days
following service of such notice, unless a written request for a hearing is
filed in accordance with 902 KAR 1:400. A permit may be suspended for cause
pending its revocation or a hearing relative thereto.
Section 10.
Hearings. All administrative hearings shall be conducted in accordance with 902
KAR 1:400.
Section 11.
Inspection Frequency. The cabinet shall inspect each new vending machine
company prior to its operation and as often as deemed necessary thereafter by
the cabinet. The cabinet shall inspect commissaries preparing food for vending
purposes at least once every six (6) months and shall make as many additional
inspections or reinspections as are necessary to obtain compliance with
established requirements.
Section 12. Access
for Inspection. Representatives of the cabinet, after proper identification
shall be permitted to enter at any reasonable time, upon any private or public
property within the Commonwealth of Kentucky where vending machines or
commissaries are operated, or from which such machines are otherwise serviced,
for the purpose of determining compliance with the vending machine law. The
company shall make provisions for the cabinet's representatives to have access,
either in company with an employee, or otherwise to the interior of all vending
machines operated by the company.
Section 13.
Inspection Records. Whenever the cabinet makes an inspection of a commissary or
a vending machine location, they shall record their findings on inspection
report forms provided for this purpose, and shall furnish a copy of such inspection
report forms to the permit holder or his representative.
Section 14. Issuance
of Notices. Whenever the cabinet makes an inspection of a commissary or a
vending machine location and discovers that any requirements of this
administrative regulation have been violated, it shall notify the company of
such violations by means of an inspection report form or other written notices.
In such notification, the cabinet shall:
(1) Set forth the
specific violations found;
(2) Establish a
specific and reasonable period of time for the correction of the violations
found;
(3) State that
failure to comply with any notice issued in accordance with the provisions of
this administrative regulation may result in suspension of permit;
(4) State that an
opportunity for appeal from any notice or inspectional findings will be
provided if a written request for a hearing is filed in accordance with 902 KAR
1:400.
Section 15. Service
of Notices. Notices provided for under this administrative regulation shall be
deemed to have been properly served when a copy of the inspection report form
or other notice has been delivered personally to the permit holder or person in
charge, or such notice has been sent by registered or certified mail, return
receipt requested, to the last known address of the permit holder. A copy of
such notice shall be filed with the records of the cabinet.
Section 16.
Commissaries Located Outside of the Commonwealth of Kentucky. Food from
commissaries located outside the jurisdiction of the Commonwealth of Kentucky
may be sold within this state if such commissaries conform to the provisions of
the state food service code or to substantially equivalent provisions of such
state. To determine the extent of compliance for the issuance of a permit to a
company located outside the state, the initial application for a permit and the
application yearly thereafter shall be accomplished by a copy of the most
recent sanitation inspection report from the responsible health authority
having jurisdiction where such a commissary or commissaries are located.
Out-of-state companies shall, upon request of the cabinet, submit copies of the
most recent sanitation inspection report at other times during the permit year.
Section 17. Plan
Review of Future Construction. Whenever a vending machine commissary is
hereafter constructed or extensively remodeled, or whenever an existing
structure is converted for use as a commissary, properly prepared plans and
specifications for such construction, remodeling or alteration, showing layout,
arrangements and construction materials of work areas, and the location, size
and type of fixed equipment and facilities, and a plumbing riser diagram shall
be submitted to and approved by the cabinet before work is begun. (FV-1; 1
Ky.R. 552; eff. 3-12-75; Am. 13 Ky.R. 2139; eff. 7-2-87; 18 Ky.R. 875; eff.
10-16-91; 22 Ky.R. 2463; eff. 8-1-96.)
