FROZEN FOOD LOCKER PLANTS

KRS tit. XVIII, ch. 221

in effect

KRS 221.010 Definitions for chapter

221.010. Definitions for chapter As used in this chapter unless the context requires otherwise: (1) "Secretary" means the secretary of the Cabinet for Health and Family Services; (2) "Cabinet" means the Cabinet for Health and Family Services; (3) "Food" includes any article used by man for food, drink, confectionery, or condiment, or which enters into the composition of the same whether simple, blended, mixed, or compounded; (4) "Frozen food locker plant" means a location or establishment in which space in individual lockers is rented to persons for storage of frozen food and which is equipped with a chill room, sharp-freezing facilities, and facilities for cutting, preparing, wrapping, and packaging meats and meat products, fruits, and vegetables; (5) "Branch frozen food locker plant" means a location or establishment in which space in individual lockers is rented to persons for storage of frozen food after preparation for storage at a frozen food locker plant; and (6) "Sharp-frozen" means the freezing of food in a room in which the temperature is zero (0) degrees Fahrenheit or lower. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 557, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 497, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 85. -- Amended 1954 Ky. Acts ch. 134, sec. 1. -- Created 1946 Ky. Acts ch. 200, sec. 2.

KRS 221.020 Plants to be licensed -- License fees -- Expiration and renewal of licenses -- Licenses nontransferable

221.020. Plants to be licensed -- License fees -- Expiration and renewal of licenses -- Licenses nontransferable (1) Each frozen food locker plant or branch frozen food locker plant operated in this state shall be licensed under and subject to the provisions of KRS 221.010 to 221.100. (2) The cabinet shall promulgate administrative regulations to establish a fee not to exceed administrative costs of the program to the cabinet, that shall be paid with each application for a refrigerated locker license or for annual license renewal, and the funds therefrom shall be disbursed by the cabinet for the enforcement of KRS 221.010 to 221.100. (3) Each such license shall expire on December 31 following its date of issue, unless sooner revoked for cause. Renewal may be obtained annually by surrendering to the cabinet the old license certificate and paying the required annual license fee. The license fee shall not be transferable to any person nor be applicable to any location other than that for which originally issued. Effective: July 1, 2019 History: Amended 2018 Ky. Acts ch. 136, sec. 17, effective July 1, 2019. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(21). -- Amended 1954 Ky. Acts ch. 134, sec. 2. -- Created 1946 Ky. Acts ch. 200, sec. 3.

KRS 221.030 Administration of chapter -- Administrative regulations -- Approval by Board of Housing, Buildings and Construction -- Hearings

221.030. Administration of chapter -- Administrative regulations -- Approval by Board of Housing, Buildings and Construction -- Hearings (1) The cabinet, through its secretary or his or her authorized agents, shall have the authority of supervising and enforcing the provisions of KRS 221.010 to 221.100. (2) The secretary may promulgate and enforce administrative regulations deemed necessary to carry into effect the full intent and meaning of KRS 221.010 to 221.100. Construction standards for buildings used as frozen food locker plants shall be effective only if approved by the Department of Housing, Buildings and Construction and included in the Uniform State Building Code. Any construction plan reviews for such buildings required prior to approval for construction shall be conducted by the Department of Housing, Buildings and Construction. (3) In any administrative hearing conducted under KRS 221.010 to 221.100, the provisions of KRS Chapter 13B shall be followed. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 335, effective July 15, 2010.. -- Amended 1996 Ky. Acts ch. 318, sec. 133, effective July 15, 1996. -- Amended 1978 Ky. Acts ch. 117, sec. 22, effective February 28, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(21). -- Amended 1954 Ky. Acts ch. 134, sec. 3. -- Created 1946 Ky. Acts ch. 200, secs. 7, 8, and 11. Legislative Research Commission Note (6/29/2017). 2017 Ky. Acts ch. 169, a reorganization of the Department of Housing, Buildings and Construction, in part abolished the Board of Housing, Buildings and Construction and transferred all of the board's duties to the department. This statute was not included in 2017 Ky. Acts ch. 169, but contained a reference to the board that was changed in codification by the Reviser of Statutes to reference the department under the authority of KRS 7.136(2).

KRS 221.040 Revocation or suspension of licenses -- Notice and hearing -- Court review

221.040. Revocation or suspension of licenses -- Notice and hearing -- Court review (1) The secretary may revoke or suspend a frozen food locker plant license if he finds on investigation that the licensee has violated any provisions of the law relating to frozen food locker plants or any law relating to the handling of human food, or has failed to comply with any administrative regulation promulgated pursuant to applicable laws; or that the premises or any equipment used in connection therewith is in an unsanitary condition. (2) No license shall be revoked or suspended by the secretary without delivery to the licensee of a written statement of the charge involved and an opportunity to answer the charge in a hearing conducted in accordance with KRS Chapter 13B. (3) Any final order made by the secretary suspending or revoking any license may be reviewed by the Circuit Court of the county in which the licensed premises are located in accordance with KRS Chapter 13B. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 318, sec. 134, effective July 15, 1996. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(21). -- Amended 1954 Ky. Acts ch. 134, sec. 4. -- Created 1946 Ky. Acts ch. 200, sec. 4.

KRS 221.060 Inspection and rejection of food -- Storage of tainted food or food for nonhuman consumption

221.060. Inspection and rejection of food -- Storage of tainted food or food for nonhuman consumption (1) The locker operator, or the secretary, or their authorized agents, may at any reasonable time inspect all foods, wares or merchandise before same is placed in the locker storage. The locker operator or the secretary, or their agents, may reject any foods, wares or merchandise and may refuse to place same for storage, if in the locker operator's opinion said food, wares or merchandise is not in suitable or proper condition for storage. (2) No tainted food shall be stored in a refrigerated locker, and food for nonhuman consumption shall be stored in a separate room. History: Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(21). -- Created 1946 Ky. Acts ch. 200, secs. 6 and 13.

KRS 221.070 Inspection of establishments and vehicles

221.070. Inspection of establishments and vehicles The secretary shall cause to be made periodically a thorough inspection of each establishment licensed under KRS 221.010 to 221.100 to determine whether or not the premises are equipped and operated in accordance with the requirements of KRS 221.010 to 221.100 and of all other laws of this state applicable to the operation either of refrigerated lockers or of the handling of human food in connection therewith, and of all regulations effective under KRS 221.010 to 221.100 relative to such operation. Such inspection shall also be made of each vehicle used by the operator of refrigerated lockers or of an establishment, handling human food in connection therewith, when such vehicle is used in transporting or distributing human food products to or from refrigerated lockers within this state. Effective: February 28, 1980 History: Amended 1978 Ky. Acts ch. 117, sec. 23, effective February 28, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(21). -- Created 1946 Ky. Acts ch. 200, sec. 9.

KRS 221.080 Refrigeration system -- Required temperatures

221.080. Refrigeration system -- Required temperatures Every operator of a refrigerated locker plant shall provide a complete refrigeration system with adequate capacity and accurate and reliable controls for the maintenance of the following uniform temperatures of the various refrigerated rooms if provided, under extreme conditions of outside temperatures and under peak load conditions in the normal operation of the plant. The temperatures of the following rooms shall not exceed: (1) Chill room, temperature within two (2) degrees Fahrenheit, plus or minus, of thirty- five (35) degrees Fahrenheit with a tolerance of ten (10) degrees Fahrenheit after fresh food is put in for chilling; (2) Sharp freeze room, sharp freeze compartments, temperatures of minus ten (-10) degrees Fahrenheit or lower, or temperatures of zero (0) degrees Fahrenheit or lower when forced air circulation is employed, with a tolerance of ten (10) degrees Fahrenheit for either type of installation after fresh food is put in for freezing; (3) Locker room temperature of zero (0) degrees Fahrenheit with a tolerance of twelve (12) degrees Fahrenheit plus. History: Created 1946 Ky. Acts ch. 200, sec. 10.

KRS 221.090 Liability of operator for loss of goods -- Status not that of warehouseman --

221.090. Liability of operator for loss of goods -- Status not that of warehouseman -- Receipts. (1) The liability of the owner or operator of refrigerated lockers for loss of goods in lockers or in operator's care shall be limited to negligence of operation or of employees. (2) Persons who own or operate refrigerated locker plants shall not be construed to be warehousemen, nor shall receipts or other instruments issued by such persons in the ordinary conduct of their business be construed to be negotiable warehouse receipts. History: Created 1946 Ky. Acts ch. 200, secs. 12 and 15.

KRS 221.100 Lien of operator for charges -- Foreclosure -- Disposition of proceeds of sale

221.100. Lien of operator for charges -- Foreclosure -- Disposition of proceeds of sale The owner of any frozen food locker plant shall have a lien on the contents of each locker, compartment or space for the payment of the locker rental thereon and any processing or other charges. Such lien may be foreclosed by giving a written notice by certified mail, return receipt requested to the renter of such locker, compartment or space, and, after ten (10) days from date of the notice, the owner may proceed to sell the contents of the locker, at either public or private sale, for the reasonable value of its contents. If the proceeds from the sale exceed the amount of the lien, the balance shall be duly paid to the renter. The place, time and kind of sale shall conform to the written notice to the renter. History: Amended 1980 Ky. Acts ch. 114, sec. 44, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 315, sec. 31. -- Created 1946 Ky. Acts ch. 200, sec. 14.

KRS 221.110 Regulation of frozen food lockers is in public interest

221.110. Regulation of frozen food lockers is in public interest KRS 221.010 to 221.100 are in exercise of the police powers of the state for the protection of the safety, health and welfare of the people of the state. It is hereby found and declared that the public welfare requires control and regulation of the operation of refrigerated lockers and of the sale, handling and processing of articles of human food in connection therewith, and the control, inspection and regulation of persons engaged therein, in order to prevent or eliminate unsanitary, unhealthful, fraudulent, and unfair or uneconomic practices and conditions in connection with the refrigerated locker business, which practices and conditions endanger public health, defraud customers, jeopardize the public source of supply and storage facilities of essential food products, and adversely affect an important and growing industry. It is further found and declared that the regulation of the refrigerated locker business, as above outlined, is in the interest of the economic and social well-being and the health and safety of the state and all of its people. History: Created 1946 Ky. Acts ch. 200, sec. 1.

KRS 221.990 Penalties

221.990. Penalties Any person violating any provision of KRS 221.010 to 221.100 shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars ($50) for the first offense, and not less than one hundred dollars ($100) for the second and for each and every subsequent offense, and each day that any violation continues shall constitute a separate offense. History: Created 1946 Ky. Acts ch. 200, sec. 16.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38277Fetched: 10/20/2026