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217.700 Duty of cabinet as to misbranded hazardous substance -- Procedure
-- Costs -- Bond.
(1)
(2)
(3)
Whenever a duly authorized agent of the cabinet finds or has probable cause
to believe that any hazardous substance is misbranded, within the meaning of
KRS 217.650 to 217.710, or is dangerous to public health he shall affix to such
article a tag or other appropriate marking, giving notice that such article is, or is
suspected of being, misbranded or dangerous to public health 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) has been found
by such agent to be misbranded or dangerous to public health, 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, however,
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 misbranded or dangerous to
public health, he shall remove the tag or other marking.
If the court finds that a detained or quarantined article is misbranded or
dangerous to public health, 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,
however, that if the quarantining of the article is due only to misbranding which
can be corrected by proper labeling 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 has been
executed, may by order direct that such article be delivered to the claimant
thereof for such labeling 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 217.650 to 217.710, and
that the expenses of such supervision have been paid.
Effective:January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 208, effective
January 2, 1978. -- Created 1960 Ky. Acts ch. 244, sec. 6, effective June 16,
1960.
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