Selling olive tapenade in Kentucky

Sources last read Oct 24, 2026

What Kentucky's own pages say about making olive tapenade at home, each line linked, and the path to a store when you want one to stock it.

Run the free rules check for it: no account, no AI.

A tub of olive tapenade with a printed label.
General information, not advice. This is written for small food makers and cites its sources, but it is not legal, regulatory or food-safety advice, and it cannot account for your product, your state or your facility. Rules change and thresholds are adjusted yearly. Confirm anything you are about to act on with your state agency, a Process Authority, or the FDA.

Can I make olive tapenade at home in Kentucky?

Kentucky's own pages, as ShelfStep read them on October 24, 2026, do not name olive tapenade or foods like it, so this page cannot tell you whether a home kitchen in Kentucky may make it. Ask the Kentucky Cabinet for Health and Family Services before you make it at home to sell. What the state allows and leaves out in general is on the Kentucky page.

What rules does olive tapenade come under beyond Kentucky's?

Outside a home kitchen, ShelfStep's plan reads olive tapenade as a refrigerated or frozen food. The plan's own line for it, a default and not a law:

ShelfStep’s plan default, not a lawFrozen or refrigerated (non-meat): cold chain, shelf-life / challenge study, "keep frozen/refrigerated" labeling.21 CFR 114.3

What the rules behind it say, in their own words, with the page and the day ShelfStep read each. ShelfStep does not decide which of them apply to your product.

Source to check: the rules behind ShelfStep's plan for olive tapenade
  • Acidified foods kept under refrigeration21 CFR 114.3(b) says:“and foods that are stored, distributed, and retailed under refrigeration are excluded from the coverage of this part.”21 CFR 114.3(b) · Read Oct 8, 2026
Source to check: FDA food facility registration
  • FDA's definition of a food facility21 CFR 1.227 says:“Facility means any establishment, structure, or structures under one ownership at one general physical location, or, in the case of a mobile facility, traveling to multiple locations, that manufactures/processes, packs, or holds food for consumption in the United States. ... The private residence of an individual is not a facility.”21 CFR 1.227 · Read Oct 8, 2026

Where may food made at home be sold in Kentucky?

  • Kentucky's Home-Based Processor rules: where it may be sold902 KAR 45:090 (Kentucky General Assembly) says:“(2) A home-based processor doing business in the state shall be a resident of Kentucky. (3) A home-based processor may advertise and accept orders and payments in person, electronically, or via the internet or phone.”902 KAR 45:090 (Kentucky General Assembly) · Read Oct 24, 2026
  • Kentucky's Home-Based Processor rules: a yearly sales ceilingKRS 217.015 (Kentucky General Assembly) says:“and who has a gross income of no more than sixty thousand dollars ($60,000) annually from the sale of the products;”KRS 217.015 (Kentucky General Assembly) · Read Oct 24, 2026
  • Kentucky's Home-Based Processor rules: where it may be soldKRS 217.136 (Kentucky General Assembly) says:“Food or cosmetic products identified in KRS 217.015(56) and produced, processed, and labeled in accordance with subsection (3) of this section are acceptable food or cosmetic products that may only be offered for sale directly to consumers within this state, including from the home-based processor's home, whether by pick-up or delivery, at a market, roadside stand, community event, or online.”KRS 217.136 (Kentucky General Assembly) · Read Oct 24, 2026

What does Kentucky say a home-made label must carry?

  • Kentucky's Home-Based Processor rules: the home-made label902 KAR 45:090 (Kentucky General Assembly) says:“(5) Home-based processed food products shall: (a) Be labeled as required by KRS 217.136(3); and (b) Contain allergen information as specified by 21 U.S.C. 343(w).”902 KAR 45:090 (Kentucky General Assembly) · Read Oct 24, 2026
  • Kentucky's Home-Based Processor rules: the home-made labelKRS 217.136 (Kentucky General Assembly) says:“A home-based processor shall label each of its food or cosmetic products and include the following information on the label of each of its food or cosmetic products: (a) The name and address of the home-based processing operation; (b) The common or usual name of the food or cosmetic product; (c) The ingredients of the food or cosmetic product, in descending order of predominance by weight; (d) The net weight and volume of the food or cosmetic product by standard measure, or numerical count; (e) The following statement in ten (10) point type: "This product is home-produced and processed"; and (f) The date the product was processed.”KRS 217.136 (Kentucky General Assembly) · Read Oct 24, 2026

How do I get olive tapenade into a store in Kentucky?

  • Kentucky's Home-Based Processor rules: what applies beyond the home-kitchen rulesCHFS, Food and Cosmetic Manufacturing says:“The Food and Cosmetic Manufacturing Program is responsible for regulating: Businesses that formulate and process food for wholesale distribution”CHFS, Food and Cosmetic Manufacturing · Read Oct 24, 2026
  • Kentucky, a home-based microprocessor: what applies beyond the home-kitchen rulesKRS 217.015 (Kentucky General Assembly) says:“(57) "Home-based microprocessor" means a farmer who, in the farmer's home or certified or permitted kitchen, produces or processes foods, including but not limited to acid foods, formulated acid food products, acidified food products, or low-acid canned foods, and who has a gross income of no more than sixty thousand dollars ($60,000) annually from the sale of the product;”KRS 217.015 (Kentucky General Assembly) · Read Oct 24, 2026

From there, ShelfStep's standard plan for a refrigerated or frozen food has 20 steps. The first 6 help you find out where and how olive tapenade can be made at all, so they come first:

  1. 1.

    Write the recipe down with exact amounts

    Cost, price, nutrition and the label are all worked out from this. Write it in the units you actually use; ShelfStep converts for the label. What matters is that someone else could make the same batch from what is written.

  2. 2.

    Decide how it is kept: on a shelf, in the fridge or frozen

    The planned storage helps the reviewer assess the process, shelf life and packaging.

    In the plan: It decides which rules you follow.

  3. 3.

    Work out how it stays cold from your kitchen to the shop

    If your product needs refrigeration or freezing, plan how to keep it cold at every hand-off. Who keeps it cold at each hand-off, and how you would know if they did not, is what a buyer asks first.

  4. 4.

    Find out where you are allowed to make it for sale

    This finds out whether the state’s rules allow making this in a home kitchen or point to a commercial one — and that changes the cost and the timeline of everything after it. It is much cheaper to find out now than after buying packaging.

    In the plan: Your state's home-kitchen rules, in its own words. Whether they cover your product is for your state's agency to say.

  5. 5.

    Have the pH and water activity of a finished batch measured

    These measurements give your reviewer information about the batch; they do not establish safety or storage conditions on their own.

    In the plan: The two numbers the acidified-food rules name. Measured on the finished product, once it has settled.

  6. 6.

    Get a Process Authority's letter on how it is made safe

    Ask a qualified reviewer which process and storage conditions your product needs. This is where you ask someone qualified, a Process Authority, to put in writing how the product is made safe. Buyers, insurers and inspectors may ask for that document, and it cannot be obtained after the fact for product you have already sold.

    In the plan: Needs the pH first. Their letter sets out the process they ask you to hold to, and the storage line for your label.

Every step, with its reason and what it typically costs, is on the olive tapenade page:

Where do I go from here?

Check the rules for yours, then keep it

The rules check runs the same deterministic engine ShelfStep uses inside the app, on your answers, and quotes the sentences each rule rests on, with their links and the day ShelfStep read them. It does not decide which apply. It is free, needs no account and uses no AI. A ShelfStep workspace then keeps your plan, your records and the dates, free for one product.

Something here out of date, or a state we should write up next? Email hello@shelfstep.com.