Title XVIII, Public Health

KRS 217.005 to 217.215 may be cited as the Kentucky Food, Drug and Cosmetic Act.

217.209. For purposes of KRS 217.207, 217.208, and 217.209, the definitions found in KRS 516.010 apply.

Unless this chapter provides a specific penalty for the same act, the provisions of KRS Chapter 506 shall apply to offenses under KRS 217.005 to 217.215.

It is the intent of this chapter to provide for uniform state standards and requirements for milk and milk products. No standard or requirement shall be imposed by a local regulation or ordinance which prohibits the sale of milk and milk products which are produced, processed and…

This chapter shall be known as the "Kentucky Fertilizer and Pesticide Storage, and Pesticide Use and Application Act of 1996."

For the purposes of KRS 217.005 to 217.215: (1) "Advertisement" means all representations, disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices,…

This chapter shall be administered by the Department of Agriculture, hereinafter referred to as the department.

No local governmental agency shall impose by ordinance, regulation or otherwise any inspection fee involving the production, processing and sale of milk and milk products.

A food shall be deemed to be adulterated: (1) (a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this subsection if the…

The purpose of this chapter is to regulate in the public interest, the storage, use, and application of insecticides, fungicides, herbicides, defoliants, desiccants, plant growth regulators, nematocides, rodenticides, and any other pesticides and the storage of fertilizers design…

As used in this chapter: (1) "Secretary" means the secretary of the Cabinet for Health and Family Services. (2) "Cabinet" means the Cabinet for Health and Family Services.

A food shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular or its labeling or packaging fails to conform with the requirements of KRS 217.037; (2) If it is offered for sale under the name of another food; (3) If it is an imitation of ano…

Fair packaging and labeling provisions: (1) All labels of foods and cosmetics, as defined by KRS 217.015, shall conform with the requirements for the declaration of net quantity of contents of Section 4 of the Fair Packaging and Labeling Act (15 U.S.C. secs. 1451 et seq.) and the…

to be permitted -- Labeling and certificate of analysis requirements -- Cannabis-infused beverages. (1) As used in this section: (a) "Cannabidiol" means a non-psychoactive cannabinoid found in the hemp plant Cannabis sativa which has the chemical name 2-[(1R,6R)-3-methyl-6- prop-…

For the purposes of this chapter, unless the context requires otherwise: (1) "Applicant" means a person applying for a license or registration under this chapter; (2) "Branch office" means any location of a dealer other than its designated principal place of business location, bu…

The secretary shall adopt rules and regulations regulating the production, transportation, processing, handling, sampling, examination, grading, labeling, standards of identity, and sale of milk and milk products; the inspection of dairy herds, dairy farms, and milk plants; the i…

Any poisonous or deleterious substance added to any food except where such substance is required in the production thereof or cannot be avoided by good production or manufacturing practice shall be deemed to be unsafe for purposes of the application of KRS 217.025(1)(b), unless a…

(1) The department shall administer and enforce the provisions of this chapter and promulgate administrative regulations to carry out the provisions of this chapter and in the administrative regulations may prescribe methods to be used in the storage of fertilizers, and the stora…

(1) The cabinet is hereby designated as the single state agency for the purpose of carrying out a statewide milk control program within budgetary limitations. The cabinet may allot funds or contract with any local health department to carry out an approved milk control program in…

A drug or device shall be deemed to be adulterated: (1) (a) If it consists in whole or in part of any filthy, putrid, or decomposed substance; or (b) If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth or…

(1) The department may classify licenses to be issued under this chapter. The classifications may include but not be limited to ornamental or agricultural pesticide applicators, or right-of-way pesticide applicators. Separate classifications may be specified as to ground, aerial,…

The cabinet is authorized to enter into reciprocal agreements with milk control officials of federal or state agencies having standards substantially equivalent to the requirements of this chapter and the regulations of the secretary, which are enforced with equal effectiveness. …

Except for violations of KRS 218A.350, a drug or device shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If in package form unless it bears a label containing: (a) The name and place of business of the manufacturer, packer, or di…

(1) No person shall engage in the business of applying pesticides to the lands of another within this state at any time without a pesticide operator's license issued by the department. The department shall require an annual fee of one hundred dollars ($100) for each pesticide ope…

(1) The secretary for health and family services shall appoint a milk advisory committee composed of eight (8) appointive members. Three (3) members shall be processors, or representatives thereof; three (3) members shall be producers, or representatives thereof; and two (2) memb…

(1) No person shall sell, deliver, offer for sale, hold for sale, or give away any new drug unless: (a) An application with respect thereto has become effective under the federal act; or (b) When not subject to the federal act unless such drug has been tested and has not been fou…

(1) Except as provided in KRS 217B.090, it shall be unlawful for any person to act as an employee of a pesticide operator or dealer and apply pesticides without having obtained an applicator's license from the department. An applicator's license shall be in addition to any other …

KRS 217C.010 to 217C.070 and KRS 217C.990 may be cited as the Kentucky Milk and Milk Products Act of 1972.

A cosmetic shall be deemed to be adulterated: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customar…

Issuance to qualifying incarcerated persons -- Waiver of fees. (1) It shall be unlawful for any person to act as a noncommercial applicator without having obtained a noncommercial applicator license from the department. Any person applying for a noncommercial applicator's license…

The secretary shall issue administrative regulations allowing the sale, upon written recommendation of a physician, of goat milk which has not been pasteurized.

A cosmetic shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular or if its labeling or packaging fails to conform with the requirements of KRS 217.037; (2) If in package form unless it bears a label containing: (a) The name and place of bu…

All administrative hearings conducted pursuant to this chapter shall be conducted in accordance with KRS Chapter 13B.

records. (1) No person shall act in the capacity of a dealer, or shall engage or offer to engage in the business of, advertise as, or assume to act as a dealer without having registered as a dealer with the department. (2) Application for a dealer registration shall be in the for…

(1) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular. (2) For the purpose of KRS 217.005 to 217.215 the advertisement of a drug or device representing it to have any effect in albuminuria, appendiciti…

Each dealer shall be responsible for the actions of every person who acts as his employee or agent in the solicitation or sale of restricted use pesticides, and in all claims and recommendations for use or application of restricted use pesticides.

(1) If the application for renewal of any license or registration provided for in this chapter is not filed prior to the renewal date established by the department, a penalty of twenty-five percent (25%) shall be assessed and added to the original fee and shall be paid by the app…

(1) Whenever a duly authorized agent of the cabinet finds or has probable cause to believe, that any food, drug, device, or cosmetic is adulterated, or misbranded within the meaning of KRS 217.005 to 217.215, he shall affix to such article a tag or other appropriate marking, givi…

modification of license or registration -- Causes. The department may assess civil penalties as provided by KRS 217B.193, or may suspend, revoke, delay issuing, or modify the provision of any license or registration issued under this chapter, if it finds that the applicant or hol…

regulations -- Permits required for food establishment, service, processing, storage, and distribution operations -- Fees. (1) The authority to promulgate regulations for the efficient administration and enforcement of KRS 217.005 to 217.215 is hereby vested in the secretary. The…

containing alcoholic beverages. Nothing in this chapter shall be construed as requiring a permit for the operation of warehouses containing alcoholic beverages as defined in KRS 241.010 or as authorizing the inspection of such warehouses by the cabinet.

(1) The cabinet shall suspend the permit to operate a retail food establishment immediately upon notice to the permit holder without a conference when: (a) An inspection of an establishment reveals that any of the following conditions are present: 1. Sewage is standing in the foo…

donor. (1) The secretary shall adopt regulations for the effective administration and enforcement of KRS 217.005 to 217.215. (2) The secretary shall adopt a state retail food code which shall include, among other things, provisions for regulating the issuance, suspension, and rev…

The state fire marshal or other duly authorized agents or representatives or other authorized agents pursuant to KRS Chapter 227 shall administer and enforce all state fire regulations, laws, standards of safety, and regulations adopted by the commissioner of housing, buildings a…

(1) The department shall not issue or renew a dealer registration to a dealer applying pesticides to the lands of others until the applicant has furnished evidence of financial responsibility with the department consisting either of a surety bond or a liability insurance policy, …

Whenever in the judgment of the secretary such action will promote honesty and fair dealing in the interest of consumers, the secretary may promulgate regulations fixing and establishing for any food or class of food: a reasonable definition and standard of identity, a reasonable…

permit requirement and fair packaging and labeling laws -- Production, labeling, and sales of home-processed products -- Inspections -- Registration with cabinet. (1) A home-based processor shall be exempt from KRS 217.035, 217.037, and 217.095 if the following conditions are met…

(1) The secretary shall promulgate administrative regulations to accommodate the specific circumstances of home-based microprocessors. In order to protect public health while encouraging the marketing of home-processed foods, the administrative regulations shall include, at a min…

microprocessor program -- Certification by cabinet. (1) The Kentucky Cooperative Extension Service shall develop, implement, and administer a program to train home-based microprocessors or personnel in compliance with 21 C.F.R. sec. 114.10. (2) The cabinet shall evaluate and cert…

(1) The Kentucky Cooperative Extension Service shall establish and administer a pilot microprocessing program to train home-based microprocessors and personnel for supervising or giving instruction in food-handling techniques, food-protection principles, personal hygiene and plan…