§ 217.002 Individuals exempt from application of chapter
§ 217.005 Citation of KRS 217.005 to 217.215
§ 217.006 Applicability of definitions in KRS 516.010 to KRS 217.207, 217.208, and 217.209
§ 217.007 Applicability of penalties in KRS Chapter 506 to KRS 217.005 to 217.215
§ 217.015 Definitions for KRS 217.005 to 217.215
§ 217.025 When food deemed adulterated
§ 217.035 When food deemed misbranded
§ 217.037 Fair packaging and labeling
§ 217.039 Ingestible or cosmetic cannabidiol products — Manufacturer or processor to be permitted — Labeling and certificate of analysis requirements
§ 217.045 Unsafe food additives
§ 217.055 When drug deemed adulterated
§ 217.065 When drug or device deemed misbranded
§ 217.075 Restrictions on handling of new drugs
§ 217.085 When cosmetic deemed adulterated
§ 217.095 When cosmetic deemed misbranded
§ 217.105 When advertising deemed false
§ 217.115 Detention or quarantine of articles that violate KRS 217.005 to 217.215
§ 217.125 Authority of secretary and cabinet to promulgate administrative regulations — Permits required for food establishment, service, processing, storage, and distribution operations — Fees
§ 217.1255 Prohibition against requiring permit for or inspecting warehouses containing alcoholic beverages
§ 217.126 Denial, suspension, or revocation of permit
§ 217.127 Regulations — State retail food code — Donation of food
§ 217.128 Enforcement of state fire regulations
§ 217.135 Setting food standards by regulation
§ 217.136 Home-based food processors — Exemption from permit requirement and fair packaging and labeling laws — Production, labeling, and sales of home-processed food products — Inspections — Registration system
§ 217.137 Administrative regulations on home-based microprocessors
§ 217.138 Kentucky Cooperative Extension Service to administer home-based microprocessor program — Certification by cabinet
§ 217.139 Pilot microprocessing program
§ 217.145 When additives deemed unsafe
§ 217.155 Cabinet’s right of inspection and to carry out statutory provisions and regulations through local health departments — Requirement that drug inspector be a pharmacist
§ 217.165 Publication of reports and information
§ 217.175 Prohibited acts
§ 217.177 Sale and disposal of hypodermic syringes or needles
§ 217.181 Theft of a legend drug
§ 217.182 Sale, distribution, administration, prescription, or possession of legend drugs — Penalty
§ 217.184 Enforcement of sections governing legend drugs
§ 217.185 Duty of local prosecuting attorneys
§ 217.186 Definition — Provider prescribing or dispensing opioid antagonist — Administration by third party — Use of opioid antagonist by person or agency authorized to administer medication — Immunity from liability — Administrative regulations — Use o
§ 217.187 Persons selling less than 150 gallons of honey in a year
§ 217.195 Cabinet is not required to prosecute
§ 217.205 Cabinet’s power to enjoin violations
§ 217.207 Theft, criminal possession, trafficking, or unlawful possession of a prescription blank
§ 217.208 Forgery of a prescription
§ 217.209 Criminal possession of a forged prescription
§ 217.211 Electronic prescribing
§ 217.214 Seizure of unlawful prescription
§ 217.215 Pharmacy board’s powers as to drugs — Regulations on prescription records and on refilling prescriptions in emergency
§ 217.216 Prescription blanks to include prescribing practitioner’s name, telephone number, and business address
§ 217.217 No restriction on donation of game meat to or from certain entities for specified purposes — Conditions
§ 217.218 Construction of chapter regarding donation of food
§ 217.280 Food establishments to be sanitary
§ 217.285 Display of choke-saving techniques posters
§ 217.290 Buildings and equipment to be kept clean, healthful and sanitary — Protection from contamination — Removal of waste
§ 217.300 Construction requirements of walls, ceilings and floors
§ 217.310 Doors and screens
§ 217.320 Toilets and lavatories
§ 217.330 Conditions deemed a nuisance
§ 217.350 Spitting in food establishment — Employees to wash hands
§ 217.360 Sleeping in food establishment prohibited
§ 217.375 Sale of grocery items — Limited exemptions for food service establishments
§ 217.380 Enforcement of food establishment law — Abatement of unlawful conditions
§ 217.390 Adulterated food found in food establishment to be tagged — Disposition
§ 217.400 Poison defined — Sale restricted — Register to be kept
§ 217.420 Methyl (wood) alcohol for human use — Sale or other disposition prohibited
§ 217.430 Labeling of wood alcohol
§ 217.440 Labeling of denatured alcohol
§ 217.450 Poisonous drug not to be sold to infant
§ 217.5401 Definitions for KRS 217.5401 to 217.5408
§ 217.5402 Manufacturer of investigational drug, biological product, or device may make it available to a requesting patient eligible under KRS 217.5401 to 217.5408
§ 217.5403 Eligibility requirements for treatment with investigational drug, biological product, or device
§ 217.5404 Written informed consent required for treatment with investigational drug, biological product, or device
§ 217.5405 Limitations on impact KRS 217.5401 to 217.5408 may have on insurance coverage or health facility services — Coverage permitted — Approval of health facility for use
§ 217.5406 Death of patient receiving experimental treatment absolves heirs of liability for resulting debt
§ 217.5407 Health care provider held harmless for recommendation that a patient have access to experimental treatment
§ 217.5408 Prohibition against blocking or attempting to block access by eligible patient to experimental treatment
§ 217.541 Short title
§ 217.542 Administration of pesticide control statutes
§ 217.544 Definitions for chapter
§ 217.550 Prohibitions relating to distribution of pesticides
§ 217.560 Unlawful practices
§ 217.570 Registration of pesticides — Annual inspection fee — Renewal
§ 217.572 Registration refusal, cancellation, suspension, and legal recourse — Appeal of order — Notice to EPA
§ 217.574 Experimental use permits
§ 217.580 Authority of department
§ 217.600 When penalties not applicable
§ 217.610 Department to issue “stop sale, use or removal” order — Appeal
§ 217.620 Seizure of pesticide
§ 217.625 Pesticide Advisory Board
§ 217.630 Authority vested in department may be executed by employees of department
§ 217.640 Jurisdiction vested in department — Repealing clause
§ 217.650 Citation of KRS 217.650 to 217.710
§ 217.660 Definitions for KRS 217.650 to 217.710
§ 217.670 Construction of term “misbranded.”
§ 217.680 Prohibited sales
§ 217.690 Regulations
§ 217.700 Duty of cabinet as to misbranded hazardous substance — Procedure — Costs — Bond
§ 217.710 Notice may be given of intended criminal proceeding
§ 217.801 Restrictions on sale and use of paint containing lead — Labeling
§ 217.808 Definitions for KRS 217.808 to 217.812
§ 217.809 Permits for vending machine companies — Expiration date — Regulations
§ 217.811 Application and fee for permit — Exemptions
§ 217.812 Fees credited to trust and agency fund — Use of funds
§ 217.814 Definitions for KRS 217.815 to 217.826
§ 217.815 Practitioner may express professional opinion to patient
§ 217.816 Label for prescriptions — Exception
§ 217.819 Nonequivalent drug product formulary — Distribution and revision
§ 217.821 Judicial review
§ 217.822 Substitution of equivalent drug or interchangeable biological product — Substitute must be lower in price than prescribed drug or biological product — Selection by pharmacist not practice of medicine — Liability of pharmacist — Pharmacist to com
§ 217.825 Legislative intent
§ 217.826 Basis for reimbursement when substitution forbidden
§ 217.830 Pharmacy required to post sign concerning dispensing of lowest priced generic drug
§ 217.895 Inspections — Records of pharmacy
§ 217.896 Distribution of explanatory pamphlet for citizens of Commonwealth
§ 217.900 Volatile substance defined — Inhalation unlawful
§ 217.902 Repackaging volatile substances
§ 217.905 Definitions
§ 217.907 Legend drugs to be imprinted with identifying symbol
§ 217.909 Descriptive material identifying imprints to be available to board
§ 217.911 Exemption of drugs because of size or unique characteristics
§ 217.913 Exemption of drugs compounded in a pharmacy
§ 217.915 Seizure and forfeiture of drugs not properly imprinted
§ 217.917 Regulations
§ 217.919 Applicability of KRS 217.907 to 217.917 and 217.990(12)
§ 217.920 Definitions for KRS 217.920 to 217.928
§ 217.922 Consent required for minor using tanning device or facility
§ 217.924 Requirements for tanning facilities
§ 217.926 Cabinet to promulgate administrative regulations governing KRS 217.920 to 217.928
§ 217.928 Administrative hearings conducted under KRS 217.920 to 217.928
§ 217.930 Definitions for KRS 217.930 to 217.942
§ 217.932 Health care provider or health facility to provide hyperbaric oxygen therapy to eligible patients upon request
§ 217.934 Veterans are eligible patients — Criteria
§ 217.936 Written informed consent required for hyperbaric oxygen therapy treatment
§ 217.938 Insurance coverage for hyperbaric oxygen therapy
§ 217.940 Actions prohibited to be taken against health care provider regarding hyperbaric oxygen therapy
§ 217.942 State official, employee, or agent prohibited from blocking access to hyperbaric oxygen therapy
§ 217.990 Penalties
§ 217.992 Penalties for violation of KRS 217.005 to 217.215
§ 217.993 Penalties
§ 217.998 Penalties for violation of KRS 217.542 to 217.630

Terms Used In Kentucky Statutes > Chapter 217 - Foods, Drugs, and Poisons

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • 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 adjuvant. See Kentucky Statutes 217.544
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Animal: means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish. See Kentucky Statutes 217.544
  • any other state: includes any state, territory, outlying possession, the District of Columbia, and any foreign government or country. See Kentucky Statutes 446.010
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Attorney: means attorney-at-law. See Kentucky Statutes 446.010
  • Biennium: means the two (2) year period commencing on July 1 in each even- numbered year and ending on June 30 in the ensuing even-numbered year. See Kentucky Statutes 446.010
  • Board: means the Pesticide Advisory Board. See Kentucky Statutes 217.544
  • branch budget: means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet. See Kentucky Statutes 446.010
  • Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
    (a) Sending the document or package. See Kentucky Statutes 446.010
  • City: includes town. See Kentucky Statutes 446.010
  • Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defoliant: means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant, with or without causing abscission. See Kentucky Statutes 217.544
  • Desiccant: means any substance or mixture of substances intended to artificially accelerate the drying of plant tissue. See Kentucky Statutes 217.544
  • Device: means any instrument or contrivance other than a firearm which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life other than man and other bacteria, virus, or other microorganisms on or in living man or other living animals. See Kentucky Statutes 217.544
  • Distribute: means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment, or receive and, having received, deliver or offer to deliver pesticides in this state. See Kentucky Statutes 217.544
  • Environment: includes water, air, land, and all plants and man and other animals living therein and the interrelationships which exist among these. See Kentucky Statutes 217.544
  • EPA: means the United States Environmental Protection Agency. See Kentucky Statutes 217.544
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Federal: refers to the United States. See Kentucky Statutes 446.010
  • FIFRA: means the Federal Insecticide, Fungicide and Rodenticide Act as amended. See Kentucky Statutes 217.544
  • Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Imminent hazard: means a situation which exists when the continued use of a pesticide would likely result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the secretary of the United States Department of
    Interior under Pub. See Kentucky Statutes 217.544
  • Ingredient statement: means a statement of the name and percentage of each active ingredient together with the total percentage of the inert ingredients in the pesticide and, when the pesticide contains arsenic in any form, a statement of the percentage of total and water-soluble arsenic, each stated as elemental arsenic. See Kentucky Statutes 217.544
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insect: means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six (6) legged, usually winged forms, as for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six (6) legs, as, for example, spiders, mites, ticks, centipedes, and wood lice, also nematodes and other invertebrates which are destructive, constitute a liability, and may be classed as pests. See Kentucky Statutes 217.544
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Label: means the written, printed, or graphic matter on, or attached to, the pesticide or device, or to any of its containers or wrappers. See Kentucky Statutes 217.544
  • Labeling: means the label and other written, printed, or graphic matter: (a) On the pesticide or device, or any of its containers or wrappers. See Kentucky Statutes 217.544
  • Land: means all land and water areas, including air space and all plants, animals, structures, buildings, contrivances, and machinery appurtenant thereto, or situated thereon, fixed or mobile, including any used for transportation. See Kentucky Statutes 217.544
  • Livestock: means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, and any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species. See Kentucky Statutes 217.544
  • Misbranded: means a pesticide is misbranded if:
    (a) Its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular. See Kentucky Statutes 217.544
  • Nematode: means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle, and inhabiting soil, water, plants or plant parts. See Kentucky Statutes 217.544
  • Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
  • Person: means any individual, partnership, association, or any organized group of persons whether incorporated or not. See Kentucky Statutes 217.544
  • Pest: means any insect, snail, slug, rodent, nematode, fungus, weed, and any other form of plant or animal life, or virus, bacteria, or other microorganism, except viruses, bacteria, or other microorganisms on or in living man or other living animals, which is normally considered to be a pest, or which the department may declare to be a pest. See Kentucky Statutes 217.544
  • Pesticide: means any substance or mixture of substances intended to prevent, destroy, control, repel, attract, or mitigate any pest. See Kentucky Statutes 217.544
  • Plant regulator: means any substance or mixture of substances, intended through physiological actions, to accelerate or retard the rate of growth or maturation, or to otherwise alter the behavior of plants, but shall not include substances insofar as they are intended to be used as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments. See Kentucky Statutes 217.544
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Registrant: means a person who has registered any pesticide pursuant to the provisions of KRS §. See Kentucky Statutes 217.544
  • Spray adjuvant: means any wetting agent, spreading agent, sticker, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent intended to be used with any other pesticide as an aid to the application or to the effect thereof, and which is in a package or container separate from that of the other pesticide with which it is to be used. See Kentucky Statutes 217.544
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Treatment: when used in a criminal justice context, means targeted interventions
    that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Unreasonable adverse effects on the environment: means any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide. See Kentucky Statutes 217.544
  • Violate: includes failure to comply with. See Kentucky Statutes 446.010
  • Weed: means any plant which grows where not wanted. See Kentucky Statutes 217.544
  • Wildlife: means all living things that are neither human, domesticated, nor as defined in KRS §. See Kentucky Statutes 217.544
  • Year: means calendar year. See Kentucky Statutes 446.010