Title XVIII, Public Health

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 217B.500 to 217B.585 unless the context requires otherwise: (1) "Applicant" means any person applying for a license; (2) "Applicator" means a licensed person who makes pesticide applications; (3) "Board" means the Structural Pest Management Advisory Board; (4) "Car…

(1) There shall be established a six (6) member Structural Pest Management Advisory Board which shall consist of the following members: (a) President of the KPMA or the president's designated representative from the association's membership; (b) One (1) member of the KPMA appoint…

The Structural Pest Management Advisory Board shall have the following powers and duties: (1) Review commercial structural pest management and commercial structural fumigation enforcement proceedings and to make written recommendations to the department; (2) Hold hearings on the …

(1) No person shall engage in structural pest management or structural fumigation without first obtaining a license from the department certifying competence to make commercial or noncommercial pesticide applications. (2) A separate examination and license is required to operate …

management company. (1) The department shall not issue or renew a structural pest management company registration until the applicant has furnished to the department satisfactory evidence of financial responsibility consisting of a liability insurance policy or certification of t…

Applicants for an operator's license shall be required to: (1) Be a legal resident of the United States; (2) Be at least eighteen (18) years of age; and (3) Have at least two (2) years of verified experience in structural pest management. A person with a bachelor's degree, a mast…

management operator -- Fee -- Waiver for person licensed under KRS 217B.530. (1) Except as provided in this chapter, it shall be unlawful for any person to act as an employee of a structural pest management operator and apply pesticides without having obtained an applicator's lic…

(1) Application for an operator's license shall be submitted on a form furnished by the department, and shall be filed no later than thirty (30) days in advance of the next examination date. (2) The department shall notify the applicant within ten (10) days of the examination dat…

management and commercial structural fumigation. (1) Operator licensing examinations for commercial structural pest management and commercial structural fumigation shall be given at least two (2) times per year. (2) All license testing fees shall be established in administrative …

Licenses not transferable or assignable -- Description of examination requirements -- Annual registration -- Fees. (1) There shall be at least one (1) operator license holder per structural pest management company. The department shall require an annual fee of one hundred dollars…

(1) The Commonwealth of Kentucky hereby determines that the citizens of the state benefit from a system of safe, effective, and scientifically sound pesticide regulation. The Commonwealth further finds that a system of pesticide regulation which is consistent, coordinated, and co…

department -- Fee -- Proof of financial responsibility required. (1) No person shall act in the capacity of a structural pest management company, or shall engage or offer to engage in the business of, advertise as, or assume to act as a structural pest management company, without…

of application. The department shall, after denying an application for a license, if petitioned by the applicant within ten (10) days of notification, schedule a hearing before the Structural Pest Management Advisory Board. The hearing shall be conducted in accordance with KRS Ch…

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…

license issued under KRS 217B.515 to 217B.520 -- -- Procedure -- Waiting period for eligibility for reapplication. (1) The department may issue a notice of its intent to suspend, revoke, or modify the provision of any license issued under KRS 217B.515 to 217B.520 if it finds that…

The following acts are declared to be a violation of KRS 217B.515 to 217B.585: (1) Using any material or pesticide that is not labeled for the purpose of structural pest management; (2) Failure of a licensed operator or applicator to comply with any of the provisions of this chap…

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…

(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, pollinating insects or to pollute any waterway in a way harmful to any wildlife therein. (2) No person shall purchase, use,…

Structural pest management companies shall register trainees with the department for a fee of twenty-five dollars ($25). The department may promulgate administrative regulations to establish additional requirements for trainees.

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…

Administrative regulations. Identification of structural pest management company vehicles shall be subject to administrative regulations promulgated by the department.

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…

to examine, test, and inspect. (1) Each structural pest management company and employer of a noncommercial applicator shall be responsible for the actions of every person who acts as its employee or agent in performing structural pest management services. (2) The department shall…

(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 …

All fees collected by the department for licensing and examinations shall be deposited in the State Treasury to the credit of a revolving fund for the use of the department in enforcing the provisions of KRS 217B.515 to 217B.585 and for the expense of carrying out the duties and …

It shall be the duty of the department, or upon the request of the Commissioner of Agriculture, of the Attorney General to bring an action for the recovery of the penalties provided for in KRS 217B.990, and to bring an action for an injunction against any person violating or thre…

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…