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Louisville-Jefferson County Overview
Louisville-Jefferson County Metro Government
LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 118.02 CERTIFIED FOOD SERVICE MANAGER REQUIRED.
   (A)   No food service establishment shall do business in the county unless such establishment has in its employ at least one food service manager who holds a valid current certificate issued by the Board.
   (B)   No food service establishment shall be open for business unless such establishment has on the premises a food service manager who holds a valid current certificate issued by the Board.
(1994 Jeff. Code, § 118.02) (Jeff. Ord. 11-1989, adopted and effective 5-31-1989; Lou. Metro Am. Ord. No. 121-2005, approved 8-24-2005) Penalty, see § 118.99
§ 118.03 PROCEDURE FOR CERTIFICATION.
   (A)   Any person seeking to become a certified food service manager shall make application to the Board on forms prepared and furnished by the Board.
   (B)   Each original application for a certificate and each application for renewal of a certificate to serve as a certified food service manager shall be accompanied by the payment of a fee to be established by the Board in such amount as shall help defray but not exceed the actual cost of the food service manager certification program.
   (C)   Every applicant for certification as a certified food service manager shall have completed a course of formal classroom instruction at such time and place as shall be directed by the Board. In addition, each applicant must pass a written examination conducted by the Board or its authorized representative, which examination shall be of scope and wording sufficient in the judgment of the Board to establish the competency of the applicant to act as a food service manager in such manner as to protect the health and safety of the public. The Board shall hold examinations at such times and places as it may determine.
   (D)   The Board may recognize the certification procedures of any private or governmental body having those standards and qualifications adequate to comply with the purpose and intent of this chapter. The procedures for application, verification, and certification by reciprocity may be established by the Board by regulation.
(1994 Jeff. Code, § 118.03) (Jeff. Ord. 11-1989, adopted and effective 5-31-1989; Lou. Metro Am. Ord. No. 121-2005, approved 8-24-2005) Penalty, see § 118.99
§ 118.04 ISSUANCE OF CERTIFICATE.
   (A)   The Board shall issue to each successful applicant a certificate in such form and size as shall be prescribed by the Board. This certificate shall show the name and address of the certificate holder, shall have imprinted thereon the seal of the Board, and in addition to the foregoing, shall contain such matter as shall be prescribed by the Board. The certificate shall remain the property of the Board, and shall be subject to suspension or revocation for good cause shown, upon notice to the certificate holder and hearing by the Board or its designee.
   (B)   Each certificate issued by the Board in accordance with this chapter shall be valid for a period of three years from the date of issuance. Upon expiration of such certificate, each holder of a prior certificate shall meet all requirements for certification, including classroom instruction and testing, as described in § 118.03 of this chapter for initial certification.
(1994 Jeff. Code, § 118.04) (Jeff. Ord. 11-1989, adopted and effective 5-31-1989; Lou. Metro Am. Ord. No. 121-2005, approved 8-24-2005) Penalty, see § 118.99
§ 118.05 EXCEPTION FOR NATIONALLY ACCREDITED CERTIFICATE HOLDERS.
   Those persons who, at the time of application for a certificate to act as a certified food service manager, have attended and successfully completed a nationally-accredited program of instruction approved by the Conference for Food Protection and who hold a valid certificate issued by the certifying organization, shall not be required to attend the course of classroom instruction or take the qualifying examination as established by the Board under § 118.03(C) of this chapter provided that certificate issuance date is less than five years prior to the date of application. Such persons shall be issued a certificate to act as a certified food service manager upon application and such certification as the Board may require. Any certificate so issued shall be made to expire on the date five years after the issuance as indicated on the nationally accredited certification. However, in no event shall the certificate issued by the Board pursuant to this provision extend for a period beyond five years from the date of application.
(1994 Jeff. Code, § 118.05) (Jeff. Ord. 11-1989, adopted and effective 5-31-1989; Lou. Metro Am. Ord. No. 121-2005, approved 8-24-2005) Penalty, see § 118.99
§ 118.06 REQUIREMENTS FOR FOOD HANDLERS.
   (A)   Food employees shall wash their hands as specified in the Kentucky Retail Market Food Code.
   (B)   Food handlers shall minimize bare hand contact with ready to eat food by the use of suitable utensils such as deli tissue, spatulas, tongs, single use gloves, or dispensing equipment.
   (C)   Food handlers shall minimize bare hand contact with exposed food that is not in a ready to eat form.
(Lou. Metro Ord. No. 121-2005, approved 8-24-2005)
§ 118.07 CALORIC AND NUTRITIONAL INFORMATION REQUIRED.
   (A)   All Food Service Establishments (FSE) located and operating within the boundaries of Louisville Metro, who make caloric and other nutrition information available through public communication mediums such as the internet, websites, etc., shall post such information on their menus, menu boards or in another manner on site readily available to the public within the establishment. FSEs subject to this section choosing not to post their caloris/nutrition data on their menus/ menu boards shall place a notice on their menus/menu boards that the FSE has caloric/nutrition information available on site upon request.
   (B)   Any FSE that does not have available caloric or nutrition data on the internet or through other public communication mediums shall not be required by this section to calculate such data, to publish such data or to otherwise post such information as is required by this section.
   (C)   This section does not require FSEs to post caloric or nutritional information on drive-thru window menus or drive-thru menu boards, even if available and posted within the establishment.
   (D)   Any FSE subject to the nutritional disclosure provisions and resulting regulations of the United States Patient Protection and Affordable Care Act, as amended, shall be exempt from the provisions of this section.
   (E)   Any FSE that violates this section shall have 14 days to comply with this section, or shall be subject to a fine of not less than a $25. Thereafter, each day that such violation exists shall constitute a separate and distinct offense.
(Lou. Metro Ord. No. 144-2012, approved 8-14-2012, effective 10-13-2012)
§ 118.08 NUTRITION REQUIREMENTS FOR CHILDREN'S MEALS.
Editor’s Note:
   Pursuant to Section V of Lou. Metro Ord. No. 81-2018, §§ 118.08 and 118.09 shall take effect October 5, 2018. Civil fines will not be assessed until June 7, 2019.
   (A)   Any Food Service Establishment ("FSE") located and operating within the boundaries of Louisville Metro, who make a children's meal available, shall offer and/or list on the ordering menu children's meals with at least one of the following options:
      (1)   At least one-quarter cup of unfried fruit or unfried vegetables, excluding white potatoes;
      (2)   A whole grain product that contains not less than 51% by weight in whole grain ingredients, or lists whole grain as the first ingredient; or
      (3)   A lean protein, consisting of at least two ounces of meat or nuts, seeds, dry beans or peas; or one egg.
   (B)   For the purposes of this section, juices, condiments and spreads shall not be considered fruits or vegetables.
   (C)   Nothing in this chapter prohibits any FSE's ability to sell, or a customer's ability to purchase, a children's meal that does not include any of the items listed in divisions (A)(1) through (3) if so requested by the purchaser of the children's meal.
(Lou. Metro Ord. No. 81-2018, approved 6-7-2018)
§ 118.09 DEFAULT BEVERAGES IN CHILDREN'S MEALS.
   (A)   Any FSE located and operating within the boundaries of Louisville Metro, who make a children's meal available that includes a beverage, shall offer and/or list on the ordering menu one of the following items as the default beverage with the children's meal:
      (1)   Water, sparkling water, or flavored water with no added natural or artificial sweeteners;
      (2)   Milk or a nondairy milk alternative;
      (3)   Fruit juice combined with water or carbonated water; or
      (4)   A beverage containing less than 25 calories per eight ounces and no artificial sweeteners.
   (B)   Nothing in this chapter prohibits any FSE's ability to sell or substitute, or a customer's ability to purchase, an alternative beverage instead of the default beverage offered with a children's meal, if requested by the purchaser of the children's meal.
(Lou. Metro Ord. No. 81-2018, approved 6-7-2018)
§ 118.10 LOCAL FOOD PERMIT.
   (A)   All Food Service Establishments, Retail Food Markets, Seasonal Concessions, and combinations thereof located and operating in Jefferson County are required to annually obtain a Local Food permit.
      (1)   Permit requirements. Any party seeking to obtain the Local Food permit shall submit a written application to the Louisville Metro Department of Public Health and Wellness upon a form provided by that agency. The applicant must be in full compliance with all applicable laws and regulations of the Commonwealth of Kentucky and Metro Louisville. Permits will renew annually on January 1 in conjunction with state food service permits.
      (2)   Fees and schedule. The fee for an annual Local Food permit is Seasonal Concessions (603) = $25, Retail Food Market (610) = $50, Temporary Food Service Establishment (604) = $80, Food Service Establishment (605) = $80, and Combination Retail Food Market and Food Service Establishment (607) = $80. The Board will annually review the administrative cost of enforcement to determine whether the Local Food permit fee is sufficient to meet the expense of administering the program. If the annual review reveals a deficit with enforcement, the Board may approve an increase of the Local Food permit fee no more than $5 within any four year period. If the annual review reveals a surplus with enforcement, the Board shall decrease the Local Food permit fees to an amount sufficient to cover the administrative cost of enforcement.
   (B)   The Local Food permit shall be available for inspection upon request by the health inspectors of the Louisville Metro Department of Public Health and Wellness.
   (C)   Appeals. Any applicant whose Local Food permit application is denied may appeal such denial by filing a written appeal to the Director within seven business days stating the specific reasons the order of denial was arbitrary or otherwise not in accordance with this chapter. Within ten business days of receipt of any written appeal, the Director shall issue a written order briefly stating the reasons why the appeal is either granted or denied. Any applicant whose appeal is denied by order of the Director may appeal such order to the Jefferson District Court within 20 days of the order.
(Lou. Metro Ord. No. 161-2018, approved 10-10-2018)
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