The complete Open, Restricted, and Prohibited food list for home-based processors in Kentucky โ with conditions explained for every category.
Under KRS ยง 217.136 and 902 KAR 45:090, Kentucky classifies home food products into three categories. All products must be non-potentially hazardous (non-TCS) โ shelf-stable without refrigeration โ to qualify for the standard Home-Based Processor track.
Not sure if your specific product qualifies in Kentucky? Enter the product name and key ingredients and get an instant status determination with the applicable rules explained.
Create Free Account to Use This Tool โKentucky's product list is built around one central concept: whether a food requires Temperature Control for Safety (TCS). TCS foods are those that support the rapid growth of harmful bacteria when left in the "danger zone" between 41ยฐF and 135ยฐF. The state's home-based program only allows foods that are stable at room temperature โ no refrigeration needed for safety.
The logic is straightforward: a home kitchen lacks the commercial refrigeration, monitoring equipment, and quality-control systems of a licensed food facility. Rather than require expensive upgrades, Kentucky draws a clean line at shelf-stability. If your product can sit safely on a shelf, farmers market table, or in a customer's pantry without refrigeration, it's generally eligible.
Foods are evaluated based on pH (acidity) and water activity (available moisture). High-acid foods (pH below 4.6) inhibit bacterial growth at room temperature โ this is why properly made standard jams and jellies are allowed. Low-acid, high-moisture foods โ like canned vegetables, salsa, meat products, and fresh pasta โ provide an ideal environment for pathogens like Clostridium botulinum, and require either acidification (covered by the Microprocessor track) or commercial processing.
The prohibited items on this list are not arbitrary. Each one either requires refrigeration, contains meat or dairy that must be USDA or commercially inspected, or has a pH/water activity profile that makes home production risky without laboratory testing and commercial controls.
If your product is "Non-Potentially Hazardous" (Non-PHF) โ meaning it doesn't need refrigeration for safety โ it can qualify under Kentucky's Home-Based Processor program. Ask yourself: Could this product sit on a store shelf for weeks without spoiling or causing illness? If yes, it's likely eligible.
Standard-sugar jams and jellies are allowed under the Home-Based Processor track because the sugar content acts as a natural preservative. However, low-sugar or no-sugar preserves have higher water activity and lower preservation, making them a TCS concern โ these require the Microprocessor track, which in turn requires you to be a farmer who grows the primary fruit.
Nut butters โ peanut, almond, sunflower โ are prohibited not because of refrigeration needs, but because of the risk of Salmonella and aflatoxin contamination during production. Commercial nut butters require specific processing controls and testing that are not feasible in a home kitchen.
If you're a Kentucky farmer who grows your own produce, a second regulatory track โ the Home-Based Microprocessor (HBM) program โ unlocks acidified and canned products not available on the standard path.
You must be a Kentucky farmer and grow the primary ingredient in every product you sell (e.g., grow your own cucumbers to make pickles).
Contact the UK Cooperative Extension Service at HBMicroprocessing@uky.edu or the Food Safety Branch at (502) 564-7181 for Microprocessor certification details.
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