Ky. Rev. Stat. Ann. ch. 217 – Foods, Drugs, And Poisons | Midpage

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Kentucky Revised Statutes

Chapter 217

Ky. Rev. Stat. Ann. ch. 217

Foods, Drugs, And Poisons

Commonwealth of Kentucky

217.002Individuals exempt from application of chapter.217.005Citation of KRS 217.005 to 217.215.217.006Applicability of definitions in KRS 516.010 to KRS 217.207, 217.208, and 217.209.217.007Applicability of penalties in KRS Chapter 506 to KRS 217.005 to 217.215.217.015Definitions for KRS 217.005 to 217.215. (Effective until July 15, 2026)217.025When food deemed adulterated.217.035When food deemed misbranded.217.037Fair packaging and labeling.217.039Ingestible or cosmetic cannabidiol products -- Manufacturer or processor to be permitted -- Labeling and certificate of analysis requirements -- Cannabis-infused beverages.217.045Unsafe food additives.217.055When drug deemed adulterated.217.065When drug or device deemed misbranded.217.075Restrictions on handling of new drugs.217.085When cosmetic deemed adulterated.217.095When cosmetic deemed misbranded.217.105When advertising deemed false.217.115Detention or quarantine of articles that violate KRS 217.005 to 217.215.217.125Authority of secretary and cabinet to promulgate administrative regulations -- Permits required for food establishment, service, processing, storage, and distribution operations -- Fees.217.1255Prohibition against requiring permit for or inspecting warehouses containing alcoholic beverages.217.126Denial, suspension, or revocation of permit.217.127Regulations -- State retail food code -- Donation of food. (Effective until July 15, 2026)217.128Enforcement of state fire regulations.217.135Setting food standards by regulation.217.136Home-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. (Effective until July 15, 2026)217.137Administrative regulations on home-based microprocessors.217.138Kentucky Cooperative Extension Service to administer home-based microprocessor program -- Certification by cabinet.217.139Pilot microprocessing program.217.145When additives deemed unsafe.217.155Cabinet's right of inspection and to carry out statutory provisions and regulations through local health departments -- Requirement that drug inspector be a pharmacist.217.165Publication of reports and information.217.175Prohibited acts.217.177Sale and disposal of hypodermic syringes or needles.217.181Theft of a legend drug.217.182Sale, distribution, administration, prescription, or possession of legend drugs -- Penalty.217.184Enforcement of sections governing legend drugs.217.185Duty of local prosecuting attorneys.217.186Definition -- 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 of opioid antagonist by schools -- Use of opioid antagonist by licensed health care provider.217.187Persons selling less than 500 gallons of pure and unadulterated honey in a year.217.195Cabinet is not required to prosecute.217.205Cabinet's power to enjoin violations.217.207Theft, criminal possession, trafficking, or unlawful possession of a prescription blank.217.208Forgery of a prescription.217.209Criminal possession of a forged prescription.217.211Electronic prescribing.217.214Seizure of unlawful prescription.217.215Pharmacy board's powers as to drugs -- Regulations on prescription records and on refilling prescriptions in emergency.217.216Prescription blanks to include prescribing practitioner's name, telephone number, and business address.217.217No restriction on donation of game meat to or from certain entities for specified purposes -- Conditions.217.218Construction of chapter regarding donation of food. (Effective until July 15, 2026)217.2201Definitions for KRS 217.2201 to 217.2209.217.2202Kratom processors and retailers -- Prohibitions. (Effective until July 1, 2027)217.2203Labeling requirements. (Effective until July 15, 2026)217.2205Administrative regulations. (Effective until July 15, 2026)217.2207Civil penalties. (Effective until July 1, 2027)217.2209Federal regulation to supersede. (Effective until July 15, 2026)217.280Food establishments to be sanitary.217.285Display of choke-saving techniques posters.217.290Buildings and equipment to be kept clean, healthful and sanitary -- Protection from contamination -- Removal of waste.217.300Construction requirements of walls, ceilings and floors.217.310Doors and screens.217.320Toilets and lavatories.217.330Conditions deemed a nuisance.217.350Spitting in food establishment -- Employees to wash hands.217.360Sleeping in food establishment prohibited.217.375Sale of grocery items -- Limited exemptions for food service establishments.217.380Enforcement of food establishment law -- Abatement of unlawful conditions.217.390Adulterated food found in food establishment to be tagged -- Disposition.217.400Poison defined -- Sale restricted -- Register to be kept.217.420Methyl (wood) alcohol for human use -- Sale or other disposition prohibited.217.430Labeling of wood alcohol.217.440Labeling of denatured alcohol.217.450Poisonous drug not to be sold to infant.217.5401Definitions for KRS 217.5401 to 217.5408.217.5402Manufacturer of investigational drug, biological product, or device may make it available to a requesting patient eligible under KRS 217.5401 to 217.5408.217.5403Eligibility requirements for treatment with investigational drug, biological product, or device.217.5404Written informed consent required for treatment with investigational drug, biological product, or device.217.5405Limitations 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.217.5406Death of patient receiving experimental treatment absolves heirs of liability for resulting debt.217.5407Health care provider held harmless for recommendation that a patient have access to experimental treatment.217.5408Prohibition against blocking or attempting to block access by eligible patient to experimental treatment.217.541Short title.217.542Administration of pesticide control statutes.217.544Definitions for chapter. (Effective until July 15, 2026)217.550Prohibitions relating to distribution of pesticides.217.560Unlawful practices.217.570Registration of pesticides -- Annual inspection fee -- Renewal.217.572Registration refusal, cancellation, suspension, and legal recourse -- Appeal of order -- Notice to EPA.217.574Experimental use permits.217.580Authority of department.217.600When penalties not applicable.217.610Department to issue "stop sale, use or removal" order -- Appeal.217.620Seizure of pesticide.217.625Pesticide Advisory Board.217.630Authority vested in department may be executed by employees of department.217.640Jurisdiction vested in department -- Repealing clause.217.650Citation of KRS 217.650 to 217.710.217.660Definitions for KRS 217.650 to 217.710.217.670Construction of term "misbranded."217.680Prohibited sales.217.690Regulations.217.700Duty of cabinet as to misbranded hazardous substance -- Procedure -- Costs -- Bond.217.710Notice may be given of intended criminal proceeding.217.801Restrictions on sale and use of paint containing lead -- Labeling.217.808Definitions for KRS 217.808 to 217.812.217.809Permits for vending machine companies -- Expiration date -- Regulations.217.811Application and fee for permit -- Exemptions.217.812Fees credited to trust and agency fund -- Use of funds.217.814Definitions for KRS 217.815 to 217.826.217.815Practitioner may express professional opinion to patient.217.816Label for prescriptions -- Exception.217.819Nonequivalent drug product formulary -- Distribution and revision.217.821Judicial review.217.822Substitution 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 communicate to prescribing practitioner the specific biological product dispensed.217.825Legislative intent.217.826Basis for reimbursement when substitution forbidden.217.830Pharmacy required to post sign concerning dispensing of lowest priced generic drug.217.895Inspections -- Records of pharmacy.217.896Distribution of explanatory pamphlet for citizens of Commonwealth.217.900Volatile substance defined -- Inhalation unlawful.217.902Repackaging volatile substances.217.905Definitions.217.907Legend drugs to be imprinted with identifying symbol.217.909Descriptive material identifying imprints to be available to board.217.911Exemption of drugs because of size or unique characteristics.217.913Exemption of drugs compounded in a pharmacy.217.915Seizure and forfeiture of drugs not properly imprinted.217.917Regulations.217.919Applicability of KRS 217.907 to 217.917 and 217.990(12).217.920Definitions for KRS 217.920 to 217.928.217.922Consent required for minor using tanning device or facility.217.924Requirements for tanning facilities.217.926Cabinet to promulgate administrative regulations governing KRS 217.920 to 217.928.217.928Administrative hearings conducted under KRS 217.920 to 217.928.217.930Definitions for KRS 217.930 to 217.942. (Effective until July 15, 2026)217.932Health care provider or health facility to provide hyperbaric oxygen therapy to eligible patients upon request.217.934Veterans are eligible patients -- Criteria. (Effective until July 15, 2026)217.936Written informed consent required for hyperbaric oxygen therapy treatment. (Effective until July 15, 2026)217.938Insurance coverage for hyperbaric oxygen therapy.217.940Actions prohibited to be taken against health care provider regarding hyperbaric oxygen therapy.217.942State official, employee, or agent prohibited from blocking access to hyperbaric oxygen therapy.217.990Penalties.217.992Penalties for violation of KRS 217.005 to 217.215.217.993Penalties.217.998Penalties for violation of KRS 217.542 to 217.630.