{"data":{"id":"us-ky/krs-246.990","jurisdiction":"us-ky","citation":"KRS 246.990","heading":"Penalties.","body":"(1) Any person who violates subsection (2) of KRS 246.210, subsection (2) of KRS\n246.220, or subsection (1) of KRS 246.420 shall be fined not less than fifty dollars\n($50) nor more than two hundred dollars ($200) for the first offense; he shall be\nfined not le ss than five hundred dollars ($500) nor more than one thousand dollars\n($1,000) and be confined in the county jail for not less than sixty (60) days nor more\nthan one hundred and twenty (120) days, for each subsequent offense.\n(2) Any person who violates subsection (3) of KRS 246.220 shall be fined not less than\nfive dollars ($5) nor more than one hundred dollars ($100) or be imprisoned for not\nmore than ten (10) days, or both. Each day's hindering or refusal of access shall\nconstitute a separate offense.\n(3) Any person who violates subsection (4) of KRS 246.220 shall be fined not less than\ntwo dollars ($2) nor more than fifty dollars ($50).\n(4) Any person who violates subsection (5) of KRS 246.220 shall be fined not less than\ntwenty-five dollars ($25) nor more than one hundred dollars ($100).\n(5) Any person who violates subsection (6) of KRS 246.220 shall be fined not less than\nten dollars ($10) nor more than fifty dollars ($50).\n(6) Any person who violates subsection (7) of KRS 246.220 shall be fined not le ss than\none hundred dollars ($100) nor more than five hundred dollars ($500), or\nimprisoned for not more than three (3) months, or both.\n(7) Any owner or operator of a dairy plant who shall fail to comply with the provisions\nof KRS 246.240 or any part ther eof shall be guilty of a misdemeanor and upon\nconviction thereof shall be fined not more than one hundred dollars ($100).\n(8) (a) Any person who purchases ginseng knowing that the ginseng was taken,\nacquired, possessed, sold, transported, or purchased in v iolation of\nadministrative regulations authorized under KRS 246.660 shall be guilty of a\nClass A misdemeanor.\n(b) The Commissioner or any peace officer may seize and take possession of any\nginseng taken, acquired, possessed, sold, transported, or purchased  by a\nperson committing a violation of administrative regulations authorized under\nKRS 246.660. Any ginseng seized in accordance with this paragraph shall be\nimpounded by the arresting officer and shall be taken before the court trying\nthe person arrested.\n(c) Upon conviction, the court trying the case shall have the discretion of\ndetermining whether any of the ginseng seized under paragraph (b) of this\nsubsection shall be declared contraband. Any ginseng seized under paragraph\n(b) of this subsection is subject to being declared contraband. If any ginseng is\ndeclared contraband, the court shall enter an order accordingly. A copy of the\norder shall be forwarded to the Commissioner, and the ginseng shall be placed\nin the custody of the arresting officer, to be delivered to the Commissioner.\n(d) The Commissioner may sell, at the highest market price obtainable, with the\napproval of the Governor and Finance and Administration Cabinet, all\ncontraband ginseng which comes into his or her possession under the order o f\nany court. All proceeds arising from the sale of contraband ginseng shall be\npaid into the Kentucky ginseng fund established in KRS 246.655. A record of\nthe sale, including the name of the purchaser and the price paid, shall be kept\nby the Commissioner.\n(9) Any person who violates subsection (2) of KRS 246.420 shall be disqualified from\nexhibiting at an exhibition for a first offense, and shall be disqualified for up to five\n(5) years for a second or subsequent offense.","path":["KRS Chapter 246"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=39630","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:56Z","sha256":"d16392f8dc76477dac84f572ef71694c0b215991660051505601e7228377d332","source_id":"us-ky","stale":false,"prev":"us-ky/krs-246.700","next":"us-ky/krs-247.010"},"notice":"GroundRules: Original legal text. Not legal advice."}