Title XVIII, Public Health

As used in KRS 217.2201 to 217.2209: (1) "Department" means the Department for Public Health; (2) "Food" has the same meaning as in KRS 217.015 and includes any beverage, dietary ingredient, dietary supplement, or food additive as defined in KRS 217.015 intended for human consump…

2027) A kratom processor or kratom retailer shall not: (1) Distribute, dispense, sell, or make available for sale any kratom extract or kratom product to an individual who is under twenty-one (21) years of age; or (2) Prepare, manufacture, distribute, dispense, sell, or make avai…

A kratom processor or kratom retailer who violates KRS 217.2202 or 217.2203 or any administrative regulation promulgated thereunder shall be subject to a civil penalty of not more than five hundred dollars ($500) for a first offense and not more than one thousand dollars ($1,000)…

Every building, room, inclosure or premises occupied, used or maintained for the preparation, manufacture, packing, storage, sale or distribution of any food intended for sale shall be properly and adequately lighted, drained, plumbed and ventilated, and shall be conducted with s…

(1) Each food service establishment, having an on-premises seating capacity of twenty- five (25) persons or more, shall post inside the establishment, in a location conspicuous to employees, a choke-saving techniques poster meeting the following requirements. (2) The choke-saving…

Protection from contamination -- Removal of waste. The floors, side walls, ceilings, furniture, receptacles, implements and machinery of every establishment or place where food intended for sale is produced, prepared, manufactured, packed, stored, sold or distributed, and all veh…

The side walls and ceilings of every bakery, confectionery, creamery and cheese factory, and hotel or restaurant kitchen, shall be so constructed that they can easily be kept clean. Every building, room or inclosure occupied or used for the preparation, manufacture, packing, stor…

All such places containing food shall be provided with proper doors and screens adequate to prevent contamination of the food from flies.

Every place of the kind mentioned in KRS 217.280 shall have adequate and convenient toilet rooms and lavatories. The toilet rooms shall be separate and apart from any room where the process of preparation, manufacture, packing, storing, selling or distributing is conducted. The f…

If any place of the kind mentioned in KRS 217.280 or any thing mentioned in KRS 217.290 to 217.320 is constructed, kept, maintained or permitted to remain in a condition contrary to any of the provisions of KRS 217.280 to 217.320, the same is declared a nuisance. No person shall …

No person shall expectorate on the food or utensils in, or on the floor or wall of, any place of the kind mentioned in KRS 217.280. All persons who handle the food shall, before beginning work and after visiting the toilet, wash their hands thoroughly in clean water.

No person shall sleep, or permit any other person to sleep, in any place where food is prepared for sale, served or sold, unless all foods therein handled are at all times in hermetically sealed packages.

establishments. (1) Legally permitted food service establishments shall be exempt from any state or local laws and administrative regulations that prohibit the sale of grocery items such as bread, milk, and other grocery staples to any customer. (2) Sales permitted under subsecti…

conditions. (1) The officials in charge of the enforcement of the pure food laws of this state, the secretary for health and family services, the local health officers, and the duly appointed agents of all such, shall enforce the provisions of KRS 217.280 to 217.390. For this pur…

(1) When any duly authorized officer mentioned in KRS 217.380 finds any article of food that is adulterated, or any other article or substance that is detrimental to public health, the article shall be tagged or otherwise properly marked, giving notice that the product is suspect…

(1) A poison is any drug, chemical or preparation that, according to standard works on medicine or medica, is liable to be destructive to adult human life in quantities of sixty (60) grains or less. (2) Except as provided in subsection (4) of this section, no person shall sell or…

prohibited. No person shall sell, offer for sale, give away, deal in or supply, or have in his possession for that purpose, any article of food or drink or any medicinal or toilet preparation intended for human use internally or externally that contains any methyl alcohol, otherw…

No person shall sell, offer for sale, give away, deal in or supply, or have in his possession for that purpose, any methyl alcohol, otherwise known as wood alcohol or wood naphtha, either crude or refined, unless the container bears the following conspicuously printed, stenciled …

No person shall sell, offer for sale, give away, deal in or supply, or have in his possession for that purpose, any denatured alcohol that contains methyl or wood alcohol, unless the container bears the following conspicuously printed, stenciled or typewritten notice: "Skull and …

No person shall sell or deliver to any person under the age of fifteen (15) years, except with the consent of his parent or guardian or upon the written prescription of a physician, any poisonous drug or medicine.

As used in KRS 217.5401 to 217.5408: (1) "Biological product" means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, protein other than a chemically synthesized polypeptide, allergenic product or analogous product, or arsphenamine or de…

make it available to a requesting patient eligible under KRS 217.5401 to 217.5408. (1) A manufacturer of an investigational drug, biological product, or device may make the investigational drug, biological product, or device available to an eligible patient who has requested it p…

biological product, or device. A patient shall be eligible for treatment with an investigational drug, biological product, or device if the patient has: (1) A terminal illness that is attested to by the patient's treating health care provider; (2) Considered all other treatment o…

drug, biological product, or device. (1) A patient or a patient's legal guardian shall provide written informed consent for treatment with an investigational drug, biological product, or device. (2) At a minimum, the written informed consent shall include: (a) An explanation of t…

coverage or health facility services -- Coverage permitted -- Approval of health facility for use. (1) KRS 217.5401 to 217.5408 shall not: (a) Expand the coverage required of an insurer; (b) Affect the requirements for insurance coverage of routine patient costs for patients invo…

liability for resulting debt. If an eligible patient dies while being treated with an investigational drug, biological product, or device, the patient's heirs are not liable for any outstanding debt related to the treatment or to a lack of insurance as a result of the treatment.

have access to experimental treatment. (1) A licensing board shall not revoke, fail to renew, suspend, or take any action against a licensed health care provider based solely on the health care provider's recommendations to an eligible patient regarding access to or treatment wit…

patient to experimental treatment. (1) An official, employee, or agent of the Commonwealth of Kentucky shall not block or attempt to block an eligible patient's access to an investigational drug, biological product, or device. (2) Counseling, advice, or a recommendation consisten…

KRS 217.542 to 217.630 and 217.998 may be cited as the "Kentucky Pesticide Control Act of 1974."

KRS 217.542 to 217.630 shall be administered by the Department of Agriculture, hereinafter referred to as the "department."

As used in this chapter, unless the context requires otherwise: (1) "Active ingredient" means any ingredient which will prevent, destroy, repel, control, or mitigate pests, or which will act as a plant regulator, defoliant, or desiccant, or as a functioning agent in a spray adjuv…

It shall be unlawful for any person to distribute within this state the following: (1) Any pesticide which is not registered pursuant to the provisions of KRS 217.542 to 217.630, and to the provisions of FIFRA; (2) Any pesticide if any of the claims made for it or any of the dire…

It shall be unlawful: (1) For any person to detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in KRS 217.542 to 217.630 or the regulations adopted hereunder, or to add any substance to, or take any substance from a pesticide in a manner th…

deemed sufficient for purposes of duty to warn or label action -- Exception. (1) Any pesticide registered for use with the Department of Agriculture, pursuant to KRS 217.570, or the United States Environmental Protection Agency (EPA) pursuant to the FIFRA as defined in KRS 217.54…

(1) (a) Except as provided by paragraph (b) of this subsection, every pesticide distributed within the state or delivered for transportation or transported in intrastate commerce or between points within the state through points outside the state shall be registered with the depa…

of order -- Notice to EPA. (1) Upon certification pursuant to Section 24(c) of FIFRA by the administrator of EPA to register pesticides formulated to meet special local needs, the department shall consider the following for refusal to register, for cancellation, for suspension an…

Upon authorization of the state by the administrator of EPA to issue experimental use permits, the department may: (1) Issue an experimental use permit to any person applying for such permit if the applicant needs such permit in order to accumulate information to register a pesti…

(1) The department may, after due notice and an opportunity for a hearing: (a) Declare as a pest any form of plant or animal life or virus, except virus, bacteria, or other micro-organisms on or in living man or other living animals, which is injurious to plants, animals, or the …

The penalties provided for violations of KRS 217.542 to 217.630 shall not apply to: (1) Any carrier while lawfully engaged in transporting a pesticide within this state, if such carrier shall, upon request, permit the department or its designated agent to copy all records showing…

The department shall issue and enforce a written or printed "stop sale, use or removal" order to the owner or custodian of any lot of pesticide and to hold it at a designated place when it finds said pesticide is being offered or exposed for sale in violation of the provisions of…

Any lot of pesticide not in compliance with the provisions of KRS 217.542 to 217.630 shall be subject to seizure on complaint of the department to a court of competent jurisdiction in the county in which said pesticide is located. In the event the court finds the said pesticide t…

The Commissioner of Agriculture may appoint a Pesticide Advisory Board to advise in the promulgation of regulations and the administration of this chapter.

department. All authority vested in the department by virtue of the provisions of KRS 217.542 to 217.630 may, with like force and effect, be executed by employees of the department.

Jurisdiction in all matters pertaining to the distribution, sale and transportation of pesticides is by KRS 217.542 to 217.640 vested exclusively in the department and all acts and parts of acts inconsistent with KRS 217.542 to 217.640 are hereby expressly repealed including the …

KRS 217.650 to 217.710 may be cited as the "Kentucky Hazardous Substances Labeling Act."

As used in KRS 217.650 to 217.710 unless the context indicates otherwise: (1) "Secretary" means the secretary for health and family services; (2) "Cabinet" means the Cabinet for Health and Family Services; (3) "Person" includes any individual, partnership, corporation, firm, or a…

A hazardous substance is hereby declared to be misbranded when intended for household use if it fails to bear a label: (1) Which states conspicuously: (a) The name and place of business of the manufacturer, packer, or distributor; (b) The common or usual name, or the chemical nam…

No person shall sell, offer for sale, distribute or transport for sale within this state in a package or container intended for general home and household use a hazardous substance which is misbranded.

The secretary shall adopt rules and regulations for the proper administration and enforcement of KRS 217.650 to 217.710. The secretary may in his discretion adopt tests and standards for determination of toxic, poisonous, corrosive, irritant, flammable, and radioactive properties…

Costs -- Bond. (1) Whenever a duly authorized agent of the cabinet finds or has probable cause to believe that any hazardous substance is misbranded, within the meaning of KRS 217.650 to 217.710, or is dangerous to public health he shall affix to such article a tag or other appro…