902 KAR 45:100. Vending machines; food and beverages

Link to law: http://www.lrc.ky.gov/kar/902/045/100.htm
Published: 2015

      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.)
Read Entire Law on www.lrc.ky.gov