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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 order of
(9)
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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