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217.992 Penalties for violation of KRS 217.005 to 217.215.

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217.992 Penalties for violation of KRS 217.005 to 217.215. (1) Any person who violates any of the provisions of KRS 217.175 shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not less than <br>one hundred dollars (&#36;100) nor more than five hundred dollars (&#36;500), or by <br>imprisonment for not more than thirty (30) days, or both; but if the violation is <br>committed after a conviction of the person under this section has become final, the <br>person shall be subject to a fine of not less than five hundred dollars (&#36;500) nor <br>more than one thousand dollars (&#36;1,000) or by imprisonment for not more than <br>ninety (90) days, or both. (2) No person shall be subject to the penalties of subsection (1) of this section, for having violated KRS 217.175(1) or (3) if he establishes a guaranty or undertaking <br>signed by, and containing the name and address of, the person residing in the United <br>States from whom he received in good faith the article, to the effect that the article <br>is not adulterated or misbranded within the meaning of KRS 217.005 to 217.215, <br>designating KRS 217.005 to 217.215. (3) No publisher, radio-broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the <br>article to which a false advertisement relates, shall be liable under this section by <br>reason of the dissemination by him of the false advertisement, unless he has refused, <br>on the request of the cabinet to furnish the cabinet the name and post office address <br>of the manufacturer, packer, distributor, seller, or advertising agency, residing in the <br>United States who causes him to disseminate the advertisement. (4) Any person who operates a retail food establishment, food processing establishment, food storage warehouse, salvage distributor, or salvage processing <br>plant, without a permit as provided in KRS 217.005 to 217.215 or who fails to <br>comply with any regulation adopted thereto shall be guilty of a misdemeanor and <br>shall on conviction be subject to a fine of not less than one hundred dollars (&#36;100) <br>nor more than five hundred dollars (&#36;500), or by imprisonment for not more than <br>thirty (30) days, or both, but if the violation is committed after a conviction of the <br>person under this section has become final, the person shall be subject to a fine of <br>not less than five hundred dollars (&#36;500) nor more than one thousand dollars <br>(&#36;1,000), or by imprisonment for not more than ninety (90) days, or both. (5) Any person who violates any provision of KRS 217.005 to 217.215, for which a specific penalty is not otherwise provided, or any regulation adopted under the <br>provision of KRS 217.005 to 217.215, or who fails to comply with an order of the <br>cabinet issued pursuant thereto, shall be fined not less than one hundred dollars <br>(&#36;100) nor more than five hundred dollars (&#36;500). Each day of violation or <br>noncompliance shall constitute a separate offense. Effective: July 15, 1998 <br>History: Amended 1998 Ky. Acts ch. 297, sec. 3, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 458, sec. 8, effective July 13, 1990. -- Created 1960 Ky. Acts <br>ch. 247, sec. 23, effective June 16, 1960.