Kentucky Revised Statutes

Ky. Rev. Stat. § 217.005 (2026)

Citation of KRS 217.005 to 217.215

✓ current as of May 2026

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KRS 217.005 to 217.215 may be cited as the Kentucky Food, Drug and Cosmetic Act. Effective: History through 1968: Created 1960 Ky. Acts ch. 247, sec. 1.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1981–2025 · leading case: Lexington Fayette Cnty. Food & Beverage Ass'n v. Lexington-Fayette Urban Cnty. Gov't, 131 S.W.3d 745 (Ky. 2004).

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Lexington Fayette Cnty. Food & Beverage Ass'n v. Lexington-Fayette Urban Cnty. Gov't, 131 S.W.3d 745 (Ky. 2004). · cites it 4× “The contention that KRS 217.005 to 217.215, known as the "Kentucky Food, Drug and Cosmetic Act," and 902 KAR 45:005, known as the "Retail Food Code" expressly preempt this ordinance is without merit.”

Commonwealth, Dep't for Human Resources v. Kentucky Prods., Inc., 616 S.W.2d 496 (Ky. 1981). · cites it 2× “This is an action growing out of an alleged violation of the Kentucky Food, Drug and Cosmetic Act (KRS 217.005 to 217.215). The Department for Human Resources is charged with the duty of and has the responsibility for enforcing the provisions of the Act.”

Lexington-Fayette Urban Cnty. Gov't v. Fraternal Order of Police, Bluegrass Lodge 4 (Ky. 2025). “The Lexington Food and Beverage Association argued that the following five statutes constituted a “comprehensive system of legislation” on smoking such that the ordinance was preempted: (1) KRS 217.005 to 217.215, called the “Kentucky Food, Drug and Cosmetic Act” and 902 KAR…”

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