217.175 Prohibited acts.
437 words·~2 min read·
/ky/chapter-217/217-175A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The following acts and the causing thereof within the Commonwealth of Kentucky are hereby prohibited:
(1)The manufacture, sale, or delivery, holding or offering for sale of any food, drug,
device, or cosmetic that is adulterated or misbranded;
(2)The adulteration or misbranding of any food, drug, device, or cosmetic;
(3)The receipt in commerce of any food, drug, device, or cosmetic that is adulterated
or misbranded, and the delivery or proffered delivery thereof for pay or otherwise;
(4)The sale, delivery for sale, holding for sale, or offering for sale of any article in
violation of KRS 217.075;
(5)The dissemination of any false advertisement;
(6)The refusal to permit entry or inspection, or to permit the taking of a sample or to
permit access to records or evidence, as authorized by KRS 217.155;
(7)The giving of a guaranty or undertaking which guaranty or undertaking is false,
except by a person who relied on a guaranty or undertaking to the same effect
signed by, and containing the name and address of the person residing in the
Commonwealth of Kentucky from whom he received in good faith the food, drug,
device, or cosmetic;
(8)The removal or disposal of a detained or quarantined article in violation of KRS
217.115;
(9)The alteration, mutilation, destruction, obliteration, or removal of the whole or any
part of the labeling of, or the doing of any other act with respect to a food, drug,
device, or cosmetic, if such act is done while such article is held for sale and results
in such article being adulterated or misbranded;
(10)Forging, counterfeiting, simulating, or falsely representing, or without proper
authority using any mark, stamp, tag, label, or other identification device authorized
or required by regulations promulgated under the provisions of KRS 217.005 to
217.215;
(11)The using, on the labeling of any drug or in any advertisement relating to such drug,
of any representation or suggestion that any application with respect to such drug is
effective under KRS 217.075, or that such drug complies with the provisions of
such section;
(12)The manufacture, sale or exchange of any filled milk;
(13)The manufacture, mixing, compounding, selling, or offering for sale of any flour
unless the same is enriched; provided that this prohibition shall not apply to flour
sold to bakeries or other commercial secondary processors, which flour is used only
in the production of enriched flour or enriched bread or in the manufacture of
products not required to be enriched;
(14)The manufacture, baking, sale, or offering for sale of any bread except bread
conforming to the definition of enriched bread.