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State Report
OkayIJ Grade D

Kentucky Cottage Food Law Report

Part 2 of 219+ counties covered

Complete reference for Kentucky's cottage food law — statute citation, sales cap, allowed products, registration requirements, and a county-by-county directory with health department, planning department, and zoning code links.

Statute

Kentucky Revised Statutes §217.136 — Home-Based Food Processors; Exemption from Permit Requirement and Fair Packaging and Labeling Laws (§217.137 addresses home-based microprocessors)

Citation: KRS §217.137 · Last amended 2019 · Confidence: high
Verbatim Excerpt

217.136 Home-based food processors -- Exemption from permit requirement and fair packaging and labeling laws -- Production, labeling, and sales of home-processed food products -- Inspections -- Registration system. (1) A home-based processor shall be exempt from KRS 217.035 and 217.037 if the following conditions are met: (a) All finished product containers are clean, sanitary, and properly labeled pursuant to subsection (3) of this section; (b) All home-processed foods produced under this exemption are neither adulterated nor misbranded pursuant to subsection (4) of this section; and (c) All glass containers for jams, jellies, preserves, fruit butter, and similar products are provided with suitable rigid metal covers. (2) A home-based processor shall not produce or process for sale acid foods, acidified food products, formulated acid food products, or low-acid canned foods. (3) A home-based processor shall label each of its food products and include the following information: (a) The name and address of the home-based processing operation; (b) The common or usual name of the food product; (c) The ingredients of the food product, in descending order of predominance by weight; (d) The net weight and volume of the food product by standard measure, or numerical count; (e) The following statement in ten (10) point type: "This product is home-produced and processed"; and (f) The date the product was processed. (5) Food products [...] may only be offered for sale directly to consumers within this state, including from the home-based processor's home, whether by pick-up or delivery, at a market, roadside stand, community event, or online. (12) Beginning January 1, 2020, a home-based processor shall be registered with the cabinet.

Source: apps.legislature.ky.gov/law/statutes/statute.aspx?id=48558
Allowed Foods (Summary)

Home-based processors may sell non-TCS baked goods (breads, cakes, cookies, pies, pastries), candies, jams and jellies, fruit butters, dried goods, syrups (maple and sorghum only), granola, snacks, and similar shelf-stable items. Whole eggs (separate exemption, up to 60 dozen/week) and honey (up to 150 gallons/year) are also allowed under separate provisions.

Prohibited Foods (Summary)

Acid foods, acidified food products, formulated acid food products, and low-acid canned foods are explicitly prohibited for home-based processors. Perishable items, pickles, salsas, sauces, ketchup, mustards, nut butters, oils, vinegars, pasta, fermented foods, juices, extracts, and meat jerkies are also prohibited under §217.136. (Acidified/low-acid canned foods may be sold through the separate home-based microprocessor pathway under §217.137.)

Labeling Requirements (Summary)

Labels must include: name and address of home-based processing operation, common/usual name of food product, ingredients in descending order by weight, net weight/volume or count, date processed, allergen information, and the statement 'This product is home-produced and processed' in 10-point type.

Sales Cap

60000

Tier

Okay (IJ Grade D)

Counties Tracked

19

Important

Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with Kentucky Department for Public Healthand your local health department before relying on this data.