KRS § 217.115 — KY Code / Title XVIII / Chapter 217 / Section 217.115
217.115 Detention or quarantine of articles that violate KRS 217.005 to 217.215
Status: in_force

217.115 Detention or quarantine of articles that violate KRS 217.005 to 217.215.

(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.