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217.380 Enforcement of food establishment law -- Abatement of unlawful
conditions.
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(2)
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The officials in charge of the enforcement of the pure food laws of this state,
the secretary for health and family services, the local health officers, and the
duly appointed agents of all such, shall enforce the provisions of KRS 217.280
to 217.390. For this purpose such officers shall have full power at all times to
enter every building, room, inclosure or premises occupied or used or
suspected of being occupied or used for the preparation or manufacture for
sale, or the storage, sale, distribution, or transportation, of such food, and to
inspect the premises and all utensils, fixtures, furniture and machinery used
therein.
If upon inspection there is found any violation of any of the provisions of KRS
217.280 to 217.390, or if the preparation, manufacture, packing, storage, sale,
distribution or transportation of such food is being conducted in a manner
detrimental to the health of the employees or to the character or quality of the
food, the officer or inspector making the inspection shall report the conditions
and violations to the chief pure food official, or to the secretary for health and
family services, or to the chief local health officer, as the case may be.
The officer to whom the report is made shall thereupon issue a written order to
the person responsible for the violation or condition to abate the condition or
violation or to make the changes or improvements necessary to abate them,
within a reasonable time as fixed in the order. Notice of the order may be
served by delivering a copy to the person, or by sending a copy by certified
mail, return receipt requested in which case the post office receipt shall be
prima facie evidence that the notice was received. The person shall have the
right to appear in person or by attorney before the officer issuing the notice or
the person appointed by him for that purpose, within the time limited in the
order, and shall be given an opportunity to be heard and to show why the order
or instructions should not be obeyed. The hearing shall be under rules and
regulations prescribed by the secretary for health and family services. If after
the hearing it appears that the provisions of KRS 217.280 to 217.390 have not
been violated, the order shall be rescinded. If it appears that the provisions of
KRS 217.280 to 217.390 are being violated, and that the person notified is
responsible therefor, the previous order shall be confirmed or amended, as the
facts warrant, and shall thereupon be final, but such additional time as is
necessary may be granted within which to comply with the final order. If the
person is not present or represented when the final order is made, notice
thereof shall be given as above provided. If the person fails to comply with the
first order within the time prescribed, when no hearing is demanded, or fails to
comply with the final order within the time specified, the facts shall be certified
to the Commonwealth's, county or city attorney in whose jurisdiction the
violation occurred, and such attorney shall proceed against the person for the
applicable fines and penalties, and for abatement of the nuisance. The
proceedings prescribed in this section for abatement of the nuisance shall not
relieve the violator from prosecution in the first instance for every violation, nor
from the penalties prescribed for such violation.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 516, effective June 20, 2005. --
Amended 1998 Ky. Acts ch. 426, sec. 460, effective July 15, 1998. -- Amended
1980 Ky. Acts ch. 114, sec. 43, effective July 15, 1980. -- Amended 1974 Ky.
Acts ch. 74, Art. VI, sec. 107(1); and ch. 315, sec. 30. -- Recodified 1942 Ky.
Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2060b-11.
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