Kentucky KRS 217.136 lets home-based food processors sell non-hazardous foods up to $60,000 per year without a permit. Registration and labeling are required.
Cottage food operations in Lexington are governed by Kentucky state law KRS 217.136, which exempts home-based food processors from the standard food permit and commercial kitchen requirements. Operators may sell non-potentially-hazardous foods such as baked goods, jams, honey, candy, and dried herbs directly to consumers. Annual gross sales cannot exceed $60,000. Sales may occur from the home (pickup or delivery), at farmers markets, roadside stands, community events, or through online orders within Kentucky. All products must be labeled with the producer name, home address, date of production, ingredients list, and a statement that the product was made in a home kitchen not inspected by the state. Producers must register with the Kentucky Department for Public Health and follow 902 KAR 45:090 administrative requirements. Lexington zoning rules for home occupations (Section 3-10) still apply, meaning the food production area is limited to 300 square feet and the home must maintain its residential appearance. The Lexington-Fayette County Health Department does not inspect registered cottage food kitchens but may investigate complaints.
Contact your local code enforcement office for specific penalty information.
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