MILK AND MILK PRODUCTS

KRS tit. XVIII, ch. 217C

in effect

KRS 217C.010 Legislative intent

217C.010. Legislative intent It is the intent of this chapter to provide for uniform state standards and requirements for milk and milk products. No standard or requirement shall be imposed by a local regulation or ordinance which prohibits the sale of milk and milk products which are produced, processed and sold in conformity with the provisions of this chapter. History: Created 1972 Ky. Acts ch. 370, sec. 2.

KRS 217C.020 Restriction on local governmental agencies

217C.020. Restriction on local governmental agencies No local governmental agency shall impose by ordinance, regulation or otherwise any inspection fee involving the production, processing and sale of milk and milk products. History: Created 1972 Ky. Acts ch. 370, sec. 3.

KRS 217C.030 Definitions for KRS Chapter 217C

217C.030. Definitions for KRS Chapter 217C As used in this chapter: (1) "Secretary" means the secretary of the Cabinet for Health and Family Services. (2) "Cabinet" means the Cabinet for Health and Family Services. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 524, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 468, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, secs. 107(1), (11), and (22). -- Created 1972 Ky. Acts ch. 370, sec. 4.

KRS 217C.040 Secretary to adopt regulations -- Scope

217C.040. Secretary to adopt regulations -- Scope The secretary shall adopt rules and regulations regulating the production, transportation, processing, handling, sampling, examination, grading, labeling, standards of identity, and sale of milk and milk products; the inspection of dairy herds, dairy farms, and milk plants; the issuing and revocation of permits to milk producers, haulers, transfer stations, processing plants, pasteurization plants, and distributors; the procedures for selection of advisory committee nominees; and regulating such other matters relating to milk and milk products as may be necessary to protect the public health. The secretary shall adopt separate regulations regulating grade A milk products and milk for manufacturing purposes. History: Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(22). -- Created 1972 Ky. Acts ch. 370, sec. 5.

KRS 217C.050 Cabinet's responsibility -- Allocation of funds

217C.050. Cabinet's responsibility -- Allocation of funds (1) The cabinet is hereby designated as the single state agency for the purpose of carrying out a statewide milk control program within budgetary limitations. The cabinet may allot funds or contract with any local health department to carry out an approved milk control program in accordance with the provisions of this chapter. In the event a local department's program is not maintained in approved status, the cabinet may assume operation and control of the local program within budgetary limitations. (2) In the event the cabinet assumes the responsibility for any existing milk program being conducted by a local health department the employees thereof may, with the approval of the cabinet, be accepted as employees of the cabinet and assigned to equivalent classifications pursuant to applicable state merit system regulations, without examination. History: Created 1972 Ky. Acts ch. 370, sec. 6.

KRS 217C.060 Reciprocal agreements -- Fees

217C.060. Reciprocal agreements -- Fees The cabinet is authorized to enter into reciprocal agreements with milk control officials of federal or state agencies having standards substantially equivalent to the requirements of this chapter and the regulations of the secretary, which are enforced with equal effectiveness. A reasonable fee shall be charged for all out-of-state inspections where reciprocal inspections are not available. Such fees shall be deposited in a revolving fund for the purpose of carrying out the provisions of this chapter. History: Created 1972 Ky. Acts ch. 370, sec. 7.

KRS 217C.070 Milk advisory committee -- Membership -- Terms

217C.070. Milk advisory committee -- Membership -- Terms (1) The secretary for health and family services shall appoint a milk advisory committee composed of eight (8) appointive members. Three (3) members shall be processors, or representatives thereof; three (3) members shall be producers, or representatives thereof; and two (2) members shall be citizens at large, as representatives of consumers. (2) The secretary for health and family services or his designated representative shall be an ex officio member and secretary of the committee. The appointments to the committee shall be made for a term of four (4) years, or until their successors are appointed and qualify, except that the terms of office of the members first appointed shall be as follows: two (2) members shall be appointed for one (1) year, two (2) members shall be appointed for two (2) years, two (2) members shall be appointed for three (3) years and two (2) members shall be appointed for four (4) years and the respective terms of the first members shall be designated by the secretary for health and family services at the time of their appointment. Such members shall serve without compensation but may be reimbursed for necessary traveling expenses. Procedures for selection of advisory nominees shall be in accordance with the regulations of the secretary. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 90, sec. 9, effective June 27, 2019. -- Amended 2005 Ky. Acts ch. 99, sec. 525, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 469, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, secs. 107(1) and (2). -- Created 1972 Ky. Acts ch. 370, sec. 8.

KRS 217C.080 Short title

217C.080. Short title KRS 217C.010 to 217C.070 and KRS 217C.990 may be cited as the Kentucky Milk and Milk Products Act of 1972. History: Created 1972 Ky. Acts ch. 370, sec. 1.

KRS 217C.090 Sale of unpasteurized goat milk

217C.090. Sale of unpasteurized goat milk The secretary shall issue administrative regulations allowing the sale, upon written recommendation of a physician, of goat milk which has not been pasteurized. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 242, sec. 1, effective July 15, 1988.

KRS 217C.100 Administrative hearings

217C.100. Administrative hearings All administrative hearings conducted pursuant to this chapter shall be conducted in accordance with KRS Chapter 13B. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 318, sec. 125, effective July 15, 1996.

KRS 217C.990 Penalties

217C.990. Penalties Any person who violates any provision of this chapter, or any rule or regulation adopted hereunder, or who fails to comply with an order of the Cabinet for Health and Family Services issued pursuant thereto, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Each day of violation or noncompliance shall constitute a separate offense. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 526, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 470, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (11). -- Created 1972 Ky. Acts ch. 370, sec. 9.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38264Fetched: 10/20/2026