KRS 438.330: Random inspections of retail establishment selling or distributing tobacco

products, alternative nicotine products, or vapor products -- Preparation of

federally required annual report.

(1) Except as provided in KRS 438.337, the Department of Alcoholic Beverage Control

and the Department of Agriculture shall carry out annually conducted random,

unannounced inspections of retail establishments where tobacco products,

alternative nicotine products, or vapor products are sold or distributed for t he

purpose of enforcing the provisions of KRS 438.305 to 438.350 as they relate to the

regulation of alternative nicotine products, tobacco products, and vapor products.

The inspections shall be conducted to the extent necessary to assure that the

Commonwealth remains in compliance with Pub. L. No. 102 -321 and applicable

federal regulations. The department and the Department of Agriculture shall also

ensure that targeted inspections are conducted at those retail establishments where,

and at those times when , persons under the age of twenty -one (21) years are most

likely to purchase tobacco products, alternative nicotine products, or vapor

products. Persons under the age of twenty -one (21) years may be used to test

compliance with the provisions of KRS 438.30 5 to 438.350 as they relate to the

regulation of alternative nicotine products, tobacco products, and vapor products

only if the testing is conducted under the direct supervision of the department,

sheriff, or chief of police, or their employees, and writt en parental consent has been

obtained. The department shall prepare annually, for submission by the Governor to

the secretary of the United States Department of Health and Human Services, the

report required by Section 1926 of Subpart 1 of Part B of Title XIX of the Federal

Public Health Service Act.

(2) The department shall develop and implement the survey sampling methodologies to

carry out the inspections as described in this section.