KRS 217.700: Duty of cabinet as to misbranded hazardous substance -- Procedure --

Costs -- Bond.

(1) Whenever a duly authorized agent of the cabinet finds or has probable cause to

believe that any hazardous substance is misbranded, within the meaning of KRS

217.650 to 217.710, or is dangerous to public health he shall affix to such article a

tag or other appropriate marking, giving notice that such article is, or is suspected of

being, misbranded or dangerous to public health 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) has been found by

such agent to be misbranded or dangerous to public health, he shall petition the

judge of the District Court in whose jurisd iction the article is detained or

quarantined for an order for condemnation of such article; provided, however, 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 misbranded or dangerous to public health, he shall

remove the tag or other marking.

(3) If the court finds that a detained or quarantined article is misbranded or dangerous

to public health, 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 an d other proper expenses, shall be taxed against the

claimant of such article or his agent; provided, however, that if the quarantining of

the article is due only to misbranding which can be corrected by proper labeling 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 has been executed, may by order direct that such article be delivered to

the claimant thereof for such labeling 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 217.650 to 217.710, and that

the expenses of such supervision have been paid.