2014 Kentucky Revised Statutes CHAPTER 217 - FOODS, DRUGS, AND POISONS 217.115 Detention or quarantine of articles that violate KRS 217.005 to 217.215.
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217.115 Detention or quarantine of articles that violate KRS 217.005 to
217.215.
(1)
(2)
(3)
(4)
Whenever a duly authorized agent of the cabinet finds or has probable cause
to believe, that any food, drug, device, or cosmetic is adulterated, or
misbranded within the meaning of KRS 217.005 to 217.215, he shall affix to
such article a tag or other appropriate marking, giving notice that such article
is, or is suspected of being, adulterated or misbranded and has been detained
or quarantined and warning all persons not to remove or dispose of such article
by sale or otherwise until permission for removal or disposal is given by such
agent or the court. It shall be unlawful for any person to remove or dispose of
such detained or quarantined article by sale or otherwise without such
permission.
When an article detained or quarantined under subsection (1) of this section
has been found by such agent to be adulterated, or misbranded, he shall
petition the judge of the District Court in whose jurisdiction the article is
detained or quarantined for an order for condemnation of such article; provided
that nothing in this section shall require that the cabinet or its agent shall go to
court if destruction of the quarantined article is accomplished by agreement
made in writing with the owner of the property. When such agent has found
that an article so detained or quarantined is not adulterated or misbranded, he
shall remove the tag or other marking.
If the court finds that a detained or quarantined article is adulterated or
misbranded, such article shall, after entry of the order, be destroyed at the
expense of the claimant thereof, under the supervision of such agent, and all
court costs and fees, and storage and other proper expenses, shall be taxed
against the claimant of such article or his agent; provided that when the
adulteration or misbranding can be corrected by proper labeling or processing
of the article, the court, after entry of the order and after such costs, fees, and
expenses have been paid and a good and sufficient bond, conditioned that
such article shall be so labeled or processed, has been executed, may by order
direct that such article be delivered to the claimant thereof for such labeling or
processing under the supervision of an agent of the cabinet. The expense of
such supervision shall be paid by the claimant. Such bond shall be returned to
the claimant of the article on representation to the court by the cabinet that the
article is no longer in violation of KRS 217.005 to 217.215, and that the
expenses of such supervision have been paid.
Whenever the cabinet or any of its authorized agents, after a state of
emergency has been declared, shall find in any room, building, vehicle of
transportation, or other structure, any food, drug, cosmetic, or device, which is
unsound or which contains any filthy, decomposed, or putrid substance, or
which may be poisonous or deleterious to health or otherwise unsafe, the same
being hereby declared to be a nuisance, the cabinet or its authorized agent
shall forthwith condemn or destroy the same or in other manner render the
same unfit for human use.
Effective:January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 206, effective
January 2, 1978. -- Created 1960 Ky. Acts ch. 247, sec. 12, effective June 16,
1960.
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