2014 Kentucky Revised Statutes CHAPTER 217 - FOODS, DRUGS, AND POISONS 217.390 Adulterated food found in food establishment to be tagged -- Disposition.
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217.390 Adulterated food found in food establishment to be tagged -Disposition.
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When any duly authorized officer mentioned in KRS 217.380 finds any article
of food that is adulterated, or any other article or substance that is detrimental
to public health, the article shall be tagged or otherwise properly marked, giving
notice that the product is suspected of being adulterated or detrimental to
public health and has been quarantined, and warning all persons not to remove
it until given permission by the officer or the courts.
No person shall remove or otherwise dispose of such article in violation of this
section.
The officer shall then petition the judge of the District Court in the judicial circuit
in which the article is found, for the condemnation and destruction of the article.
The owner or defender of the article shall be given the right to a hearing, first
before the officer, if desired, and before the court. The notice of a hearing
before the officer shall state the length of time within which the hearing may be
had.
If the finding of the court is with the officer, the article shall be destroyed at the
expense of the owner, or by the owner under the supervision of the officer. The
costs shall be taxed against the owner or defender of the property, if he
appears. If no one appears, the costs shall be collected against the owner or
agent properly ascertained.
Effective:January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 207, effective
January 2, 1978 -- Amended 1976 Ky. Acts ch. 62, sec. 102. -- Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
sec. 2060b-12.
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