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LEXINGTON-FAYETTE URBAN COUNTY BOARD OF HEALTH FOOD
SERVICE REGULATION
Statuary Authority: KRS 212.627, KRS 217.155 and 902 KAR 45:005
Relates To: 902 KAR 45:005
TABLE OF CONTENTS
Section 1 - Necessity and Function……………………………………………………..............................
Section 2 - Citation of Regulation……………………….………………………………….......................
Section 3 - Definitions………………………………………………………………………......................
Section 4 - Application for a Permit……………………………………………...…………………..........
Section 5 - Employee Certifications ………………………………………………………………............
Section 6 - Employee Health………………………………………………………………………….
Section 7 - Employee Health Procedure When Infection Is Suspected……………………………............
Section 8 - Employee Cleanliness……………………………………………..……………………..........
Section 9 - Employee Clothing……………………………….………………………………....................
Section 10 - Employee Practices…………………………………….……………………….......................
Section 11 - Food Supplies…………………………………………….……………………........................
Section 12 - Food Supplies for Highly Susceptible Populations ………………………………………
Section 13 - Food Protection …………………………………………….……………………....................
Section 14 - Food Storage …………………………………………….……………………........................
Section 15 - Food Preparation…………………………………………….……………………...................
Section 16 - Food and Ice Display and Service……………………………….…………………….............
Section 17 - Food Transportation………………………………….…………………………......................
Section 18 - Equipment and Utensil Materials…………………………….…………………......................
Section 19 - Equipment and Utensil Design and Fabrication……………………….………........................
Section 20 - Equipment Installation and Location………………………….………………........................
Section 21 - Equipment and Utensil Cleaning and Sanitization…………………………….........................
Section 22 - Equipment and Utensil Storage…………………………………………………......................
Section 23 - Sanitary Facilities and Controls………………………………………………….....................
Section 24 - Sewage…………………………………………………………………….……......................
Section 25 - Plumbing…………………………………………...…………………………….....................
Section 26 - Toilet Facilities………………………………………………………………….......................
Section 27 - Lavatory Facilities………………………………………………...……...................................
Section 28 - Garbage and Refuse………………………………………………...........................................
Section 29 - Insect and Rodent Control……………………………………………..…………………
Section 30 - Construction and Maintenance of Facilities………………………...……................................
Section 31 - Cleaning of Facilities…………………………………...………………..................................
Section 32 - Lighting…………………………………………….…………………….................................
Section 33 - Ventilation………………………………………….……………………….............................
Section 34 - Dressing Areas and Lockers………………………………………………...............................
Section 35 - Poisonous or Toxic Materials ……………………………………………………………
Section 36 - Premises…………………………………………………………….………............................
Section 37 - Statewide Mobile Food Units ……………………………………………………………
Section 38 - Temporary Food Service Establishments……………………………………...........................
Section 39 - Restricted Foods and Pushcarts…………………………………………..................................
Section 40 - Patio and Sidewalk Cafes……………………………………………………...........................
Section 41 - Food Donated by Charitable Organizations………………………………………………
Section 42 - Pot Luck………………………………………………………………………………….
Section 43 - Plan Review of Future Construction…………………………………………..........................
Section 44 - Inspection Scoring………………………………………..........................................................
Section 45 - Enhanced Regulatory Enforcement (ERE) ………………………………...............................
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Section 46 - Enforcement Provisions……………………………………….................................................
Section 47 - Examination and Detention of Foods…………………….........................................................
Section 48 - Validity……………………………………………………………...........................................
SECTION 1. NECESSITY AND FUNCTION
(1) The Lexington-Fayette Urban County Board of Health hereby finds and declares
that uniform county-wide food service sanitation regulations are needed to
regulate all food service establishments within Fayette County in order to protect
the public health and to provide for uniformity of inspection.
(2) This regulation shall be administered and enforced by the Lexington-Fayette
County Health Department in accordance with the requirements set forth below.
SECTION 2. CITATION OF REGULATION
This regulation may be cited as the Lexington-Fayette Urban County Board of Health
Food Service Regulation and replaces Board of Health Regulation 19, which is hereby
rescinded.
SECTION 3. DEFINITIONS
The following definitions shall apply in the interpretation and the enforcement of this
regulation:
(1) THE AMERICANS WITH DISABILITIES ACT (ADA) is a civil rights law that
prohibits discrimination against individuals with disabilities in all areas of public
life, including jobs, schools, transportation, and all public and private places that
are open to the general public.
(2) APPROVED means acceptable to the Department based on determination as to
conformance with appropriate standards and good public health practice.
(3) BOARD OF HEALTH means the Lexington-Fayette Urban County Board of
Health.
(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) DEPARTMENT means the Lexington-Fayette County Health Department and
their duly designated representatives.
(6) EASILY CLEANABLE means those surfaces that are readily accessible and of
such material and finish, and so fabricated that residue may be effectively
removed by normal cleaning methods.
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(7) EMPLOYEE means the permit holder, individuals having supervisory or
management duties and any other person employed, who prepares, dispenses,
transports, or engages in food preparation or service and comes in contact with
any food, food equipment or utensils.
(8) EQUIPMENT includes, but is not limited to, stoves, ranges, hoods, ovens
(including microwaves), cookers, bins, conveyor belts, refrigerators, freezers,
mixers, grinders, saws, slicers, sinks, tables, display cases, meat blocks, wrapping
machines, scales, vehicles and similar items.
(9) FDA means the Food and Drug Administration.
(10) FOOD means a raw, cooked, or processed edible substance, ice, beverage, or
ingredient used or intended for use for sale in whole or in part for human
consumption, or chewing gum.
(11) FOOD-CONTACT SURFACES mean those surfaces of equipment and utensils
with which food may come in contact, and those surfaces that drain, drip, or
splash onto surfaces that may come in contact with food.
(12) FOOD SERVICE ESTABLISHMENT means any fixed or mobile commercial
establishment that engages in the preparation and serving of ready-to-eat foods in
portions to the consumer, including, but not limited to: restaurants; coffee shops;
cafeterias; short order cafes; luncheonettes; grills; tea rooms; sandwich shops;
soda fountains; taverns; bars; cocktail lounges; night clubs; roadside stands;
industrial feeding establishments; private, public or non-profit organizations or
institutions routinely serving food; catering kitchens; commissaries; or similar
places in which food is prepared for sale or service on the premises or elsewhere
with or without charge. It does not include food vending machines or
establishments serving beverages only in single-service or original containers.
(13) HACCP PLAN means a written document that delineates the formal procedures
for following the hazard analysis and critical control point principles developed
by The National Advisory Committee on Microbiological Criteria for Foods.
(14) HIGHLY SUSCEPTIBLE POPULATION means persons who are more likely
than other people in the general population to experience food borne disease
because they are:
a) individuals, children nine (9) years old and younger, and senior adults.
b) Obtaining food at a facility that provides services such as custodial care,
health care, or assisted living, such as a child or adult day care center,
kidney dialysis center, hospital or nursing home, or nutritional or
socialization services such as a senior center.
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(15) HOME PREPARED FOOD is food prepared in the home or domestic facilities or
at other locations not subject to inspection by a regulatory agency.
(16) KITCHENWARE means all multiuse utensils other than tableware used in the
storage, preparation, conveying or serving of food.
(17) LOCATION is a property with a specific street address and/or may be determined
by the Department.
(18) MISBRANDED means any food or food product misbranded as provided by the
2013 FDA Food Code.
(19) MOBILE FOOD UNIT means a food service establishment that is designed to be
readily movable.
(20) PACKAGED means bottled, canned, cartoned, or securely wrapped at a food-
processing establishment.
(21) PERISHABLE FOOD means any food of such type or in such condition or
physical state that it may spoil or otherwise become unfit for human consumption.
(22) PERSON means an individual, or a firm, partnership, company, corporation,
trustee, association, or any public or private entity.
(23) PESTICIDE / CHEMICAL means any substance that alone in chemical
combination, or in formulation with one or more other substances, is an
"economic poison" within the meaning of the Federal Insecticide, Fungicide and
Rodenticide Act and amendments thereto, and that is used in the production,
storage, or transportation of raw agricultural commodities
(24) POTABLE WATER is water free from impurities present in amounts sufficient to
cause disease or harmful physiological effects and conforming in its physical,
bacteriological, and chemical quality to the requirements of the Department for
Natural Resources and Environmental Protection.
(25) TIME / TEMPERATURE CONTROL FOR SAFETY FOOD (TCS) means a food
that requires time and temperature control to limit pathogenic microorganism
growth or toxin formation and includes:
a) An animal food that is raw or heat-treated; a plant food that is heat-
treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut
tomatoes or mixtures of cut tomatoes that are not modified in a way so
that they are unable to support pathogenic microorganism growth or
toxin formation, or garlic-in-oil mixtures that are not modified in a way
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