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217.175 Prohibited acts.
The following acts and the causing thereof within the Commonwealth of Kentucky
are hereby prohibited:
(1) The manufacture, sale, or delivery, holding or offering for sale of any food,
drug, device, or cosmetic that is adulterated or misbranded;
(2) The adulteration or misbranding of any food, drug, device, or cosmetic;
(3) The receipt in commerce of any food, drug, device, or cosmetic that is
adulterated or misbranded, and the delivery or proffered delivery thereof for
pay or otherwise;
(4) The sale, delivery for sale, holding for sale, or offering for sale of any article in
violation of KRS 217.075;
(5) The dissemination of any false advertisement;
(6) The refusal to permit entry or inspection, or to permit the taking of a sample or
to permit access to records or evidence, as authorized by KRS 217.155;
(7) The giving of a guaranty or undertaking which guaranty or undertaking is false,
except by a person who relied on a guaranty or undertaking to the same effect
signed by, and containing the name and address of the person residing in the
Commonwealth of Kentucky from whom he received in good faith the food,
drug, device, or cosmetic;
(8) The removal or disposal of a detained or quarantined article in violation of KRS
217.115;
(9) The alteration, mutilation, destruction, obliteration, or removal of the whole or
any part of the labeling of, or the doing of any other act with respect to a food,
drug, device, or cosmetic, if such act is done while such article is held for sale
and results in such article being adulterated or misbranded;
(10) Forging, counterfeiting, simulating, or falsely representing, or without proper
authority using any mark, stamp, tag, label, or other identification device
authorized or required by regulations promulgated under the provisions of KRS
217.005 to 217.215;
(11) The using, on the labeling of any drug or in any advertisement relating to such
drug, of any representation or suggestion that any application with respect to
such drug is effective under KRS 217.075, or that such drug complies with the
provisions of such section;
(12) The manufacture, sale or exchange of any filled milk;
(13) The manufacture, mixing, compounding, selling, or offering for sale of any flour
unless the same is enriched; provided that this prohibition shall not apply to
flour sold to bakeries or other commercial secondary processors, which flour is
used only in the production of enriched flour or enriched bread or in the
manufacture of products not required to be enriched;
(14) The manufacture, baking, sale, or offering for sale of any bread except bread
conforming to the definition of enriched bread.
Effective:June 17, 1978
History: Amended 1978 Ky. Acts ch. 292, sec. 9, effective June 17, 1978. -Created 1960 Ky. Acts ch. 247, sec. 18.
Legislative Research Commission Note. Although this section was included in
Acts 1978, ch. 292, 9, as having been amended, there appears to be no
change in this section.
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