2025 Kentucky Revised Statutes Chapter 438 - Offenses against public health and safety 438.330 Random inspections of retail establishment selling or distributing tobacco products, alternative nicotine products, or vapor products -- Preparation of federally required annual report.
Universal Citation:
KY Rev Stat § 438.330 (2025)
Learn moreThis media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
Download as PDF
438.330 Random inspections of retail establishment selling or distributing tobacco
products, alternative nicotine products, or vapor products -- Preparation of
federally required annual report.
(1)
(2)
Except as provided in KRS 438.337, the Department of Alcoholic Beverage Control
and the Department of Agriculture shall carry out annually conducted random,
unannounced inspections of retail establishments where tobacco products,
alternative nicotine products, or vapor products are sold or distributed for the
purpose of enforcing the provisions of KRS 438.305 to 438.350. The inspections
shall be conducted to the extent necessary to assure that the Commonwealth
remains in compliance with Pub. L. No. 102-321 and applicable federal regulations.
The department and the Department of Agriculture shall also ensure that targeted
inspections are conducted at those retail establishments where, and at those times
when, persons under the age of twenty-one (21) years are most likely to purchase
tobacco products, alternative nicotine products, or vapor products. Persons under
the age of twenty-one (21) years may be used to test compliance with the provisions
of KRS 438.305 to 438.350 only if the testing is conducted under the direct
supervision of the department, sheriff, or chief of police, or their employees, and
written parental consent has been obtained. The department shall prepare annually,
for submission by the Governor to the secretary of the United States Department of
Health and Human Services, the report required by Section 1926 of Subpart 1 of
Part B of Title XIX of the Federal Public Health Service Act.
The department shall develop and implement the survey sampling methodologies to
carry out the inspections as described in this section.
Effective: June 27, 2025
History: Amended 2025 Ky. Acts ch. 78, sec. 17, effective June 27, 2025. -- Amended
2020 Ky. Acts ch. 35, sec. 7, effective March 26, 2020. -- Amended 2014 Ky. Acts
ch. 111, sec. 7, effective April 10, 2014. -- Amended 2010 Ky. Acts ch. 24, sec.
1932, effective July 15, 2010. -- Amended 2000 Ky. Acts ch. 423, sec. 10, effective
July 14, 2000. -- Created 1994 Ky. Acts ch. 480, sec. 6, effective July 15, 1994.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
