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246.990 Penalties.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Any person who violates subsection (2) of KRS 246.210, subsection (2) of KRS
246.220, or subsection (1) of KRS 246.420 shall be fined not less than fifty
dollars ($50) nor more than two hundred dollars ($200) for the first offense; he
shall be fined not less than five hundred dollars ($500) nor more than one
thousand dollars ($1,000) and be confined in the county jail for not less than
sixty (60) days nor more than one hundred and twenty (120) days, for each
subsequent offense.
Any person who violates subsection (3) of KRS 246.220 shall be fined not less
than five dollars ($5) nor more than one hundred dollars ($100) or be
imprisoned for not more than ten (10) days, or both. Each day's hindering or
refusal of access shall constitute a separate offense.
Any person who violates subsection (4) of KRS 246.220 shall be fined not less
than two dollars ($2) nor more than fifty dollars ($50).
Any person who violates subsection (5) of KRS 246.220 shall be fined not less
than twenty-five dollars ($25) nor more than one hundred dollars ($100).
Any person who violates subsection (6) of KRS 246.220 shall be fined not less
than ten dollars ($10) nor more than fifty dollars ($50).
Any person who violates subsection (7) of KRS 246.220 shall be fined not less
than one hundred dollars ($100) nor more than five hundred dollars ($500), or
imprisoned for not more than three (3) months, or both.
Any owner or operator of a dairy plant who shall fail to comply with the
provisions of KRS 246.240 or any part thereof shall be guilty of a misdemeanor
and upon conviction thereof shall be fined not more than one hundred dollars
($100).
(a) Any person who purchases ginseng knowing that the ginseng was taken,
acquired, possessed, sold, transported, or purchased in violation of
administrative regulations authorized under KRS 246.660 shall be guilty
of a Class A misdemeanor.
(b) The Commissioner or any peace officer may seize and take possession
of any ginseng taken, acquired, possessed, sold, transported, or
purchased by a person committing a violation of administrative
regulations authorized under KRS 246.660. Any ginseng seized in
accordance with this paragraph shall be impounded by the arresting
officer and shall be taken before the court trying the person arrested.
(c) Upon conviction, the court trying the case shall have the discretion of
determining whether any of the ginseng seized under paragraph (b) of
this subsection shall be declared contraband. Any ginseng seized under
paragraph (b) of this subsection is subject to being declared contraband.
If any ginseng is declared contraband, the court shall enter an order
accordingly. A copy of the order shall be forwarded to the Commissioner,
and the ginseng shall be placed in the custody of the arresting officer, to
be delivered to the Commissioner.
(d) The Commissioner may sell, at the highest market price obtainable, with
the approval of the Governor and Finance and Administration Cabinet, all
contraband ginseng which comes into his or her possession under the
(9)
order of any court. All proceeds arising from the sale of contraband
ginseng shall be paid into the Kentucky ginseng fund established in KRS
246.655. A record of the sale, including the name of the purchaser and
the price paid, shall be kept by the Commissioner.
Any person who violates subsection (2) of KRS 246.420 shall be disqualified
from exhibiting at an exhibition for a first offense, and shall be disqualified for
up to five (5) years for a second or subsequent offense.
Effective:June 8, 2011
History: Amended 2011 Ky. Acts ch. 15, sec. 4, effective June 8, 2011. -Amended 2004 Ky. Acts ch. 141, sec. 2, effective July 13, 2004. -- Amended
2002 Ky. Acts ch. 88, sec. 11, effective March 28, 2002. -- Amended 1994 Ky.
Acts ch. 261, sec. 1, effective July 15, 1994. -- Amended 1982 Ky. Acts ch. 310,
sec. 4, effective July 15, 1982. -- Amended 1970 Ky. Acts ch. 96, sec. 11. -Amended 1950 Ky. Acts ch. 7, sec. 4. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42c-7, 42g-3, 63c-5,
63d-11, 68n-11, 1376b-24, 1719a-11, 4814c-18.
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