KRS 217.380: Enforcement of food establishment law -- Abatement of unlawful

conditions.

(1) The officials in charge of the enforcement of the pure food laws of this state, the

secretary for health and family services, the local health officers, and the duly

appointed agents of all such, shall enforce the provisions of KRS 217.280 to

217.390. For this purpose such officers shall have full power at all times to enter

every building, room, inclosure or premises occupied or used or suspected of being

occupied or used for the preparation or manufacture for sale, or the storage, sale,

distribution, or transportation, of such food, and to inspect the premises and all

utensils, fixtures, furniture and machinery used therein.

(2) If upon inspection there is found any violation of any of the provisions of KRS

217.280 to 217.390, or if the preparation, ma nufacture, packing, storage, sale,

distribution or transportation of such food is being conducted in a manner

detrimental to the health of the employees or to the character or quality of the food,

the officer or inspector making the inspection shall report the conditions and

violations to the chief pure food official, or to the secretary for health and family

services, or to the chief local health officer, as the case may be.

(3) The officer to whom the report is made shall thereupon issue a written order t o the

person responsible for the violation or condition to abate the condition or violation

or to make the changes or improvements necessary to abate them, within a

reasonable time as fixed in the order. Notice of the order may be served by

delivering a copy to the person, or by sending a copy by certified mail, return receipt

requested in which case the post office receipt shall be prima facie evidence that the

notice was received. The person shall have the right to appear in person or by

attorney before the officer issuing the notice or the person appointed by him for that

purpose, within the time limited in the order, and shall be given an opportunity to be

heard and to show why the order or instructions should not be obeyed. The hearing

shall be under rules and regulations prescribed by the secretary for health and family

services. If after the hearing it appears that the provisions of KRS 217.280 to

217.390 have not been violated, the order shall be rescinded. If it appears that the

provisions of KRS 217 .280 to 217.390 are being violated, and that the person

notified is responsible therefor, the previous order shall be confirmed or amended,

as the facts warrant, and shall thereupon be final, but such additional time as is

necessary may be granted within which to comply with the final order. If the person

is not present or represented when the final order is made, notice thereof shall be

given as above provided. If the person fails to comply with the first order within the

time prescribed, when no hearing i s demanded, or fails to comply with the final

order within the time specified, the facts shall be certified to the Commonwealth's,

county or city attorney in whose jurisdiction the violation occurred, and such

attorney shall proceed against the person for the applicable fines and penalties, and

for abatement of the nuisance. The proceedings prescribed in this section for

abatement of the nuisance shall not relieve the violator from prosecution in the first

instance for every violation, nor from the penalties prescribed for such violation.