{"data":{"id":"us-ky/krs-217.700","jurisdiction":"us-ky","citation":"KRS 217.700","heading":"Duty of cabinet as to misbranded hazardous substance -- Procedure --","body":"Costs -- Bond.\n(1) Whenever a duly authorized agent of the cabinet finds or has probable cause to\nbelieve that any hazardous substance is misbranded, within the meaning of KRS\n217.650 to 217.710, or is dangerous to public health he shall affix to such article a\ntag or other appropriate marking, giving notice that such article is, or is suspected of\nbeing, misbranded or dangerous to public health and has been detained or\nquarantined and warning all persons not to remove or dispose of such article by sale\nor otherwise until permission for removal or disposal is given by such agent or the\ncourt. It shall be unlawful for any person to remove or dispose of such detained or\nquarantined article by sale or otherwise without such permission.\n(2) When an article detained or quarantined under subsection (1) has been found by\nsuch agent to be misbranded or dangerous to public health, he shall petition the\njudge of the District Court in whose jurisd iction the article is detained or\nquarantined for an order for condemnation of such article; provided, however, that\nnothing in this section shall require that the cabinet or its agent shall go to court if\ndestruction of the quarantined article is accomplished by agreement made in writing\nwith the owner of the property. When such agent has found that an article so\ndetained or quarantined is not misbranded or dangerous to public health, he shall\nremove the tag or other marking.\n(3) If the court finds that a detained or quarantined article is misbranded or dangerous\nto public health, such article shall, after entry of the order, be destroyed at the\nexpense of the claimant thereof under the supervision of such agent, and all court\ncosts and fees, and storage an d other proper expenses, shall be taxed against the\nclaimant of such article or his agent; provided, however, that if the quarantining of\nthe article is due only to misbranding which can be corrected by proper labeling of\nthe article, the court, after entry of the order and after such costs, fees, and expenses\nhave been paid and a good and sufficient bond, conditioned that such article shall be\nso labeled has been executed, may by order direct that such article be delivered to\nthe claimant thereof for such labeling under the supervision of an agent of the\ncabinet. The expense of such supervision shall be paid by the claimant. Such bond\nshall be returned to the claimant of the article on representation to the court by the\ncabinet that the article is no longer in violation of KRS 217.650 to 217.710, and that\nthe expenses of such supervision have been paid.","path":["KRS Chapter 217"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=9404","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:26Z","sha256":"867e0d6b17abb85ca99b85ae9e008ad0f3e68656452273dc938ae9216f0cfd31","source_id":"us-ky","stale":false,"prev":"us-ky/krs-217.690","next":"us-ky/krs-217.710"},"notice":"GroundRules: Original legal text. Not legal advice."}