217.115 Detention or quarantine of articles that violate KRS 217.005 to 217.215.
522 words·~2 min read·
/ky/chapter-217/217-115A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Whenever a duly authorized agent of the cabinet finds or has probable cause to
believe, that any food, drug, device, or cosmetic is adulterated, or misbranded
within the meaning of KRS 217.005 to 217.215, he shall affix to such article a tag
or other appropriate marking, giving notice that such article is, or is suspected of
being, adulterated or misbranded 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.
(2)When an article detained or quarantined under subsection
(1)of this section has
been found by such agent to be adulterated, or misbranded, 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 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 adulterated or misbranded, he shall remove the tag or other
marking.
(3)If the court finds that a detained or quarantined article is adulterated or misbranded,
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 that when the adulteration or misbranding can be
corrected by proper labeling or processing 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 or processed, has
been executed, may by order direct that such article be delivered to the claimant
thereof for such labeling or processing 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 217.005 to 217.215, and that
the expenses of such supervision have been paid.
(4)Whenever the cabinet or any of its authorized agents, after a state of emergency has
been declared, shall find in any room, building, vehicle of transportation, or other
structure, any food, drug, cosmetic, or device, which is unsound or which contains
any filthy, decomposed, or putrid substance, or which may be poisonous or
deleterious to health or otherwise unsafe, the same being hereby declared to be a
nuisance, the cabinet or its authorized agent shall forthwith condemn or destroy the
same or in other manner render the same unfit for human use.