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217.115 Detention or quarantine of articles that violate KRS 217.005 to 217.215.

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217.115 Detention or quarantine of articles that violate KRS 217.005 to 217.215. (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 <br>within the meaning of KRS 217.005 to 217.215, he shall affix to such article a tag <br>or other appropriate marking, giving notice that such article is, or is suspected of <br>being, adulterated or misbranded and has been detained or quarantined and warning <br>all persons not to remove or dispose of such article by sale or otherwise until <br>permission for removal or disposal is given by such agent or the court. It shall be <br>unlawful for any person to remove or dispose of such detained or quarantined article <br>by sale or otherwise without such permission. (2) When an article detained or quarantined under subsection (1) of this section has been found by such agent to be adulterated, or misbranded, he shall petition the <br>judge of the District Court in whose jurisdiction the article is detained or <br>quarantined for an order for condemnation of such article; provided that nothing in <br>this section shall require that the cabinet or its agent shall go to court if destruction <br>of the quarantined article is accomplished by agreement made in writing with the <br>owner of the property. When such agent has found that an article so detained or <br>quarantined is not adulterated or misbranded, he shall remove the tag or other <br>marking. (3) If the court finds that a detained or quarantined article is adulterated or misbranded, such article shall, after entry of the order, be destroyed at the expense of the <br>claimant thereof, under the supervision of such agent, and all court costs and fees, <br>and storage and other proper expenses, shall be taxed against the claimant of such <br>article or his agent; provided that when the adulteration or misbranding can be <br>corrected by proper labeling or processing of the article, the court, after entry of the <br>order and after such costs, fees, and expenses have been paid and a good and <br>sufficient bond, conditioned that such article shall be so labeled or processed, has <br>been executed, may by order direct that such article be delivered to the claimant <br>thereof for such labeling or processing under the supervision of an agent of the <br>cabinet. The expense of such supervision shall be paid by the claimant. Such bond <br>shall be returned to the claimant of the article on representation to the court by the <br>cabinet that the article is no longer in violation of KRS 217.005 to 217.215, and that <br>the expenses of such supervision have been paid. (4) Whenever the cabinet or any of its authorized agents, after a state of emergency has been declared, shall find in any room, building, vehicle of transportation, or other <br>structure, any food, drug, cosmetic, or device, which is unsound or which contains <br>any filthy, decomposed, or putrid substance, or which may be poisonous or <br>deleterious to health or otherwise unsafe, the same being hereby declared to be a <br>nuisance, the cabinet or its authorized agent shall forthwith condemn or destroy the <br>same or in other manner render the same unfit for human use. Effective: January 2, 1978 <br>History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 206, effective January 2, 1978. -- Created 1960 Ky. Acts ch. 247, sec. 12, effective June 16, 1960.