2012 Kentucky Revised Statutes CHAPTER 438 OFFENSES AGAINST PUBLIC HEALTH AND SAFETY 438.330 Random inspections of retail establishment selling or distributing tobacco products -- Preparation of federally required annual report.
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438.330 Random inspections of retail establishment selling or distributing tobacco
products -- Preparation of federally required annual report.
(1)
(2)
The Department of Alcoholic Beverage Control and the Department of Agriculture
shall carry out annually-conducted random, unannounced inspections of retail
establishments where tobacco products are sold or distributed for the purpose of
enforcing the provisions of KRS 438.305 to 438.340. The inspections shall be
conducted to the extent necessary to assure that the Commonwealth remains in
compliance with Public Law 102-321 and applicable federal regulations. The
Department of Alcoholic Beverage Control and the Department of Agriculture shall
also ensure that targeted inspections are conducted at those retail establishments
where, and at those times when, persons under the age of eighteen (18) years are
most likely to purchase tobacco products. Persons under the age of eighteen (18)
years may be used to test compliance with the provisions of KRS 438.305 to
438.340 only if the testing is conducted under the direct supervision of the
Department of Alcoholic Beverage Control, sheriff, or chief of police, or their
employees, and written parental consent has been obtained. The Department of
Alcoholic Beverage Control shall prepare annually, for submission by the Governor
to the Secretary of the United States Department of Health and Human Services, the
report required by Section 1926 of Subpart 1 of Part B of Title XIX of the Federal
Public Health Service Act.
The Department of Alcoholic Beverage Control shall develop and implement the
survey sampling methodologies to carry out the inspections as described in this
section.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1932, effective July 15, 2010. -Amended 2000 Ky. Acts ch. 423, sec. 10, effective July 14, 2000. -- Created 1994
Ky. Acts ch. 480, sec. 6, effective July 15, 1994.
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