.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)
The Office 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 office
and the department 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 Office of Alcoholic Beverage Control, sheriff, or chief of police,
or their employees, and written parental consent has been obtained. The Office 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.
(2)
The Office of Alcoholic Beverage Control shall develop and implement the survey
sampling methodologies to carry out the inspections as described in this section.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 423, sec. 10, effective July 14, 2000. -- Created
1994 Ky. Acts ch. 480, sec. 6, effective July 15, 1994.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97,
98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to
agencies and officers whose names have been changed in 2005 legislation confirming
the reorganization of the executive branch. Such a correction has been made in this
section.