{"data":{"id":"us-ky/krs-217.380","jurisdiction":"us-ky","citation":"KRS 217.380","heading":"Enforcement of food establishment law -- Abatement of unlawful","body":"conditions.\n(1) The officials in charge of the enforcement of the pure food laws of this state, the\nsecretary for health and family services, the local health officers, and the duly\nappointed agents of all such, shall enforce the provisions of KRS 217.280 to\n217.390. For this purpose such officers shall have full power at all times to enter\nevery building, room, inclosure or premises occupied or used or suspected of being\noccupied or used for the preparation or manufacture for sale, or the storage, sale,\ndistribution, or transportation, of such food, and to inspect the premises and all\nutensils, fixtures, furniture and machinery used therein.\n(2) If upon inspection there is found any violation of any of the provisions of KRS\n217.280 to 217.390, or if the preparation, ma nufacture, packing, storage, sale,\ndistribution or transportation of such food is being conducted in a manner\ndetrimental to the health of the employees or to the character or quality of the food,\nthe officer or inspector making the inspection shall report  the conditions and\nviolations to the chief pure food official, or to the secretary for health and family\nservices, or to the chief local health officer, as the case may be.\n(3) The officer to whom the report is made shall thereupon issue a written order t o the\nperson responsible for the violation or condition to abate the condition or violation\nor to make the changes or improvements necessary to abate them, within a\nreasonable time as fixed in the order. Notice of the order may be served by\ndelivering a copy to the person, or by sending a copy by certified mail, return receipt\nrequested in which case the post office receipt shall be prima facie evidence that the\nnotice was received. The person shall have the right to appear in person or by\nattorney before the officer issuing the notice or the person appointed by him for that\npurpose, within the time limited in the order, and shall be given an opportunity to be\nheard and to show why the order or instructions should not be obeyed. The hearing\nshall be under rules and regulations prescribed by the secretary for health and family\nservices. If after the hearing it appears that the provisions of KRS 217.280 to\n217.390 have not been violated, the order shall be rescinded. If it appears that the\nprovisions of KRS 217 .280 to 217.390 are being violated, and that the person\nnotified is responsible therefor, the previous order shall be confirmed or amended,\nas the facts warrant, and shall thereupon be final, but such additional time as is\nnecessary may be granted within which to comply with the final order. If the person\nis not present or represented when the final order is made, notice thereof shall be\ngiven as above provided. If the person fails to comply with the first order within the\ntime prescribed, when no hearing i s demanded, or fails to comply with the final\norder within the time specified, the facts shall be certified to the Commonwealth's,\ncounty or city attorney in whose jurisdiction the violation occurred, and such\nattorney shall proceed against the person for the applicable fines and penalties, and\nfor abatement of the nuisance. The proceedings prescribed in this section for\nabatement of the nuisance shall not relieve the violator from prosecution in the first\ninstance for every violation, nor from the penalties prescribed for such violation.","path":["KRS Chapter 217"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=9353","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:25Z","sha256":"103790c90230c40028d0415893242f61988acb67d2813643234531b6201a6d3e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-217.375","next":"us-ky/krs-217.390"},"notice":"GroundRules: Original legal text. Not legal advice."}