{"data":{"id":"us-ky/krs-217.115","jurisdiction":"us-ky","citation":"KRS 217.115","heading":"Detention or quarantine of articles that violate KRS 217.005 to 217.215.","body":"(1) Whenever a duly authorized agent of the cabinet finds or has probable cause to\nbelieve, that any food, drug, device, or cosmetic is adulterated, or misbranded\nwithin the meaning of KRS 217.005 to 217.215, he shall affix to such article a tag\nor other a ppropriate marking, giving notice that such article is, or is suspected of\nbeing, adulterated or misbranded and has been detained or quarantined and warning\nall persons not to remove or dispose of such article by sale or otherwise until\npermission for remo val or disposal is given by such agent or the court. It shall be\nunlawful for any person to remove or dispose of such detained or quarantined article\nby sale or otherwise without such permission.\n(2) When an article detained or quarantined under subsection  (1) of this section has\nbeen found by such agent to be adulterated, or misbranded, he shall petition the\njudge of the District Court in whose jurisdiction the article is detained or\nquarantined for an order for condemnation of such article; provided that nothing in\nthis section shall require that the cabinet or its agent shall go to court if destruction\nof the quarantined article is accomplished by agreement made in writing with the\nowner of the property. When such agent has found that an article so detain ed or\nquarantined is not adulterated or misbranded, he shall remove the tag or other\nmarking.\n(3) If the court finds that a detained or quarantined article is adulterated or misbranded,\nsuch article shall, after entry of the order, be destroyed at the expe nse of the\nclaimant thereof, under the supervision of such agent, and all court costs and fees,\nand storage and other proper expenses, shall be taxed against the claimant of such\narticle or his agent; provided that when the adulteration or misbranding can be\ncorrected by proper labeling or processing of the article, the court, after entry of the\norder and after such costs, fees, and expenses have been paid and a good and\nsufficient bond, conditioned that such article shall be so labeled or processed, has\nbeen executed, may by order direct that such article be delivered to the claimant\nthereof for such labeling or processing under the supervision of an agent of the\ncabinet. The expense of such supervision shall be paid by the claimant. Such bond\nshall be retu rned to the claimant of the article on representation to the court by the\ncabinet that the article is no longer in violation of KRS 217.005 to 217.215, and that\nthe expenses of such supervision have been paid.\n(4) Whenever the cabinet or any of its authori zed agents, after a state of emergency has\nbeen declared, shall find in any room, building, vehicle of transportation, or other\nstructure, any food, drug, cosmetic, or device, which is unsound or which contains\nany filthy, decomposed, or putrid substance, or which may be poisonous or\ndeleterious to health or otherwise unsafe, the same being hereby declared to be a\nnuisance, the cabinet or its authorized agent shall forthwith condemn or destroy the\nsame or in other manner render the same unfit for human use.","path":["KRS Chapter 217"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=9286","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:25Z","sha256":"521e2b09cd9d57cb3a62925ce435bd9f37f6e8a2565aa1013788a23dcff70cec","source_id":"us-ky","stale":false,"prev":"us-ky/krs-217.110","next":"us-ky/krs-217.120"},"notice":"GroundRules: Original legal text. Not legal advice."}