{"data":{"id":"us-ky/krs-438.330","jurisdiction":"us-ky","citation":"KRS 438.330","heading":"Random inspections of retail establishment selling or distributing tobacco","body":"products, alternative nicotine products, or vapor products -- Preparation of\nfederally required annual report.\n(1) Except as provided in KRS 438.337, the Department of Alcoholic Beverage Control\nand the Department of Agriculture shall carry out annually conducted random,\nunannounced inspections of retail establishments where tobacco products,\nalternative nicotine products, or vapor products are sold or distributed for t he\npurpose of enforcing the provisions of KRS 438.305 to 438.350 as they relate to the\nregulation of alternative nicotine products, tobacco products, and vapor products.\nThe inspections shall be conducted to the extent necessary to assure that the\nCommonwealth remains in compliance with Pub. L. No. 102 -321 and applicable\nfederal regulations. The department and the Department of Agriculture shall also\nensure that targeted inspections are conducted at those retail establishments where,\nand at those times when , persons under the age of twenty -one (21) years are most\nlikely to purchase tobacco products, alternative nicotine products, or vapor\nproducts. Persons under the age of twenty -one (21) years may be used to test\ncompliance with the provisions of KRS 438.30 5 to 438.350 as they relate to the\nregulation of alternative nicotine products, tobacco products, and vapor products\nonly if the testing is conducted under the direct supervision of the department,\nsheriff, or chief of police, or their employees, and writt en parental consent has been\nobtained. The department shall prepare annually, for submission by the Governor to\nthe secretary of the United States Department of Health and Human Services, the\nreport required by Section 1926 of Subpart 1 of Part B of Title XIX of the Federal\nPublic Health Service Act.\n(2) The department shall develop and implement the survey sampling methodologies to\ncarry out the inspections as described in this section.","path":["KRS Chapter 438"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56797","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:52Z","sha256":"9c11cc68608d508c9327cf6d6b3e86060ecd5cf1b32d53750374311c093a74c0","source_id":"us-ky","stale":false,"prev":"us-ky/krs-438.328","next":"us-ky/krs-438.331"},"notice":"GroundRules: Original legal text. Not legal advice."}