Title XVIII, Public Health

contents -- Effect -- Inspection of damaged property. (1) Investigations into claims of pesticide misuse conducted by the department shall occur only when the applicator of the pesticide is required by this chapter and related administrative regulations to obtain a license to use…

(1) A food additive shall with respect to any particular use or intended use of such additive, be deemed to be unsafe within the meaning of KRS 217.025(1)(b) and 217.045, unless it and its use or intended use conform to the terms of an exemption as provided under the federal act,…

The department shall require licensees to maintain records with respect to applications of pesticides. Such relevant information as the department may deem necessary may be specified by regulation. Such records shall be kept for a period of three (3) years from the date of the ap…

regulations through local health departments -- Requirement that drug inspector be a pharmacist. (1) The cabinet or its duly authorized agent shall have free access at all reasonable times to any factory, warehouse, or establishment in which foods, drugs, devices, or cosmetics ar…

The department may provide for inspection of any equipment used for application of pesticides and may require repairs or other changes before its further use for pesticide application. A list of requirements that equipment shall meet may be adopted by regulation.

(1) The cabinet may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under KRS 217.005 to 217.215, including the nature of the charge and the disposition thereof. (2) The cabinet may also cause to be dis…

The following acts and the causing thereof within the Commonwealth of Kentucky are hereby prohibited: (1) The manufacture, sale, or delivery, holding or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded; (2) The adulteration or misbranding…

(1) No person engaged in sales at retail shall display hypodermic syringes or needles in any portion of the place of business which is open or accessible to the public. (2) Pharmacies offering retail sale of hypodermic syringes or needles shall make available: (a) Written or elec…

(1) The provisions of KRS 217B.020 to 217B.180 relating to licenses or registration and requirements for their issuance shall not apply to any farmer owner of ground equipment applying nonrestricted use pesticides for himself or his farmer neighbors if he applies the pesticides f…

(1) A person is guilty of theft of a legend drug when he unlawfully takes or exercises control over a legend drug that is not a controlled substance, belonging to another person, with the intent to deprive him thereof. (2) Theft of a legend drug is: (a) For a first offense a Clas…

drugs -- Penalty. (1) A duly licensed manufacturer, distributor, or wholesaler may sell or distribute a legend drug to any of the following: (a) A manufacturer, wholesaler, or distributor; (b) A pharmacy; (c) A practitioner; (d) The administrator in charge of a hospital, but only…

(1) All police officers and deputy sheriffs, directly employed full-time by state, county, city, or urban-county governments, the Department of Kentucky State Police, the Cabinet for Health and Family Services, the offices of all city, county, and Commonwealth's attorneys, the Of…

Supervision of sale or distribution of pesticides restricted to licensees. (1) The department shall establish a licensure program for pesticide sales agents. (2) Application for a pesticide sales agent license shall be in the form and shall contain information prescribed by the d…

It shall be the duty of each Commonwealth's attorney, county attorney, or city attorney to whom the cabinet or its agents report any violation of KRS 217.005 to 217.215, to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in t…

Administration by third party -- Use of opioid antagonist by person or agency authorized to administer medication -- Immunity from liability -- Administrative regulations -- Use of opioid antagonist by schools -- Use of opioid antagonist by licensed health care provider. (1) As u…

registration valid. (1) The department shall establish and administer a program to register trainees. (2) A dealer shall not employ a trainee to apply pesticides manually or as the applicator directly in charge of any equipment that is licensed or should be licensed under the pro…

year. If a person sells less than five hundred (500) gallons of pure and unadulterated honey in a year that he or she produced in Kentucky, the person shall not be required to process the honey in a certified honey house or food processing establishment, nor shall the person be r…

markets, and at roadside stands. (1) For the purposes of this section, "end consumer" means a person who is the last person to purchase any food product and who does not resell the food product. (2) Notwithstanding any other provisions of law to the contrary, the secretary shall …

of restricted use pesticides. (1) No person shall discard or store any pesticide or pesticide containers in a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, or pollinating insects, or to pollute any waterway in a way harmful to any wildlife. (2) No p…

schedule. (1) If any of the requirements of this chapter or administrative regulations promulgated under this chapter have not been complied with, the department shall cause a notice of violation to be issued. The department may issue an order for immediate compliance and assess …

(1) No person engaged in farming who has applied or used or arranged for the application or use of any fertilizer, plant growth regulator, or pesticide as defined in the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, shall be responsible or liable without proof …

Nothing in KRS 217.005 to 217.215 shall be construed as requiring the cabinet to report for the institution of proceedings under KRS 217.005 to 217.215, violations of KRS 217.005 to 217.215, whenever the cabinet believes that the public interest will be adequately served in the c…

Any person aggrieved by any action of the department may obtain a review thereof by filing in the Franklin Circuit Court within thirty (30) days of notice of the action a written petition praying that the action of the department be set aside. A copy of such petition shall forthw…

(1) All hearings required by KRS 217B.010 to 217B.990 shall be conducted in accordance with KRS Chapter 13B. (2) Appeals may be taken from all final orders of the department to the Franklin Circuit Court in accordance with KRS Chapter 13B.

Notwithstanding the existence or pursuit of any other remedy (civil or criminal) the cabinet may maintain, in its own name, an action to restrain or enjoin any violation of KRS 217.005 to 217.215, irrespective of whether or not there exists an adequate remedy at law.

prescription blank. (1) A person is guilty of theft of a prescription blank when he unlawfully takes or exercises control over a prescription blank belonging to another. (2) A person is guilty of criminal possession of a prescription blank when, with knowledge that he has no lawf…

(1) A person is guilty of forgery of a prescription when, with intent to defraud, deceive, or injure another, he falsely makes, completes, or alters a written instrument which is or purports to be or which is calculated to become or to represent a prescription for a legend drug w…

(1) A person is guilty of criminal possession of a forged prescription when, with knowledge that it is forged and with intent to defraud, deceive, or injure another, he possesses a forged prescription. (2) Criminal possession of a forged prescription is: (a) For a first offense, …

courses, and other materials. (1) The department may publish information and conduct short courses of instruction in the safe use and application of pesticides. (2) The department shall, at least once each year, review and update, to incorporate current information, the license e…

(1) Electronic prescribing of a drug or device under this chapter shall not interfere with a patient's freedom to select a pharmacy. (2) Electronic prescribing software used by a practitioner to prescribe a drug or device under this chapter may include clinical messaging and mess…

(1) A pharmacist, practitioner, or other person authorized by law to dispense legend drugs, or an employee of that person, may seize and retain any prescription which he has reasonable suspicion for believing is forged, altered, or possessed in violation of KRS 217.207, 217.208, …

records and on refilling prescriptions in emergency. (1) The Board of Pharmacy, its agents and inspectors shall have the same powers of inspection and enforcement as the cabinet under KRS 217.005 to 217.215, insofar as it relates to drugs in licensed pharmacies. (2) The Board of …

number, and business address. (1) Every prescription order written by a practitioner authorized by statute to prescribe under this chapter and KRS Chapter 218A shall bear upon the prescription blank the name, telephone number, and business address of the prescribing practitioner.…

specified purposes -- Conditions. (1) As used in this section: (a) "Cooperative extension agency" means the University of Kentucky Cooperative Extension Service and the Kentucky State University Cooperative Extension Program; (b) "Not-for-profit organization" means an organizatio…

Nothing in this chapter shall be construed to prohibit or regulate the donation of safe and apparently wholesome food by a retail food establishment, a nonprofit or religious organization that is recognized as tax exempt under Section 501(c)(3) of the Internal Revenue Code, or a …

The department may issue subpoenas to compel the attendance of witnesses or production of books, documents, and records anywhere in the state in any hearing affecting the authority or privilege granted by a license or registration issued under the provisions of this chapter.

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)…

(1) For the purpose of carrying out the provisions of this chapter, the department or any of its employees may enter upon any public or private premises at reasonable times, in order: (a) To have access for the purpose of inspecting any equipment subject to this chapter and such …

The department may cooperate or enter into formal agreements with any other agency or educational institution of this state or its subdivisions or with any agency of any other state or of the federal government for the purpose of carrying out the provisions of this chapter and of…

Establishment of department's authority for the regulation of pesticides sold and used in the Commonwealth. (1) The Commonwealth of Kentucky hereby determines that the citizens of the state benefit from a system of safe, effective, and scientifically sound fertilizer and pesticid…

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.