Commonwealth, Department for Human Resources v. Kentucky Products, Inc.

616 S.W.2d 496, 1981 Ky. LEXIS 249
CourtKentucky Supreme Court
DecidedMay 26, 1981
StatusPublished
Cited by3 cases

This text of 616 S.W.2d 496 (Commonwealth, Department for Human Resources v. Kentucky Products, Inc.) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth, Department for Human Resources v. Kentucky Products, Inc., 616 S.W.2d 496, 1981 Ky. LEXIS 249 (Ky. 1981).

Opinion

STERNBERG, Justice.

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. Kentucky Products, Inc., is a Kentucky corporation doing business as a manufacturer and wholesaler of foods. Floyd K. Nixon is its President. On August 29,1979, the Department filed a “Complaint for In[498]*498junction” against Kentucky Products, Inc., and Floyd K. Nixon, its President, in the Calloway Circuit Court. The demand of the complaint is that the corporation and Nixon be temporarily and permanently restrained and enjoined from producing, packing or offering for sale any item of food until such time as they eliminate the conditions described in the complaint and are found to be in compliance with the Act. The issues which were made by a traverse of the charges made in the complaint and by a plea to the jurisdiction of the circuit court were tried to the court on September 24, 1979. On October 12, 1979, the trial court filed findings of fact and conclusions of law and entered the following judgment:

“It is, therefore, the JUDGMENT of this Court that the proceedings by the plaintiff to condemn and force the destruction of the packaged products belonging to the defendants under the act of quarantine of the State on August 31, 1979, is denied, and said products are by this judgment to be released to defendants free from said quarantine; with the further provision, however, that this judgment with reference to said quarantined items is not to be effective for a period of ten (10) days following the date of this judgment in order that the plaintiff may appeal from this adjudication.
It is further the JUDGMENT of this Court that defendants are permanently enjoined from operating or maintaining their manufacturing establishment in any manner which is violative of the provisions of Chapter 217 of the Kentucky Revised Statutes or the rules and regulations promulgated thereunder by the Department for Human Resources of the Commonwealth of Kentucky.”

The judgment of the circuit court was appealed to the Court of Appeals of Kentucky where the following issues were presented:

1. Did the circuit court have jurisdiction over the subject matter of this action?
2. Did the Commonwealth prove that the food product was adulterated?

In disposing of these issues, the Court of Appeals wrote:

“The appellee herein having raised the question and the Court being of the opinion that the Calloway Circuit Court was without jurisdiction to hear this matter with the statute specifically requiring that jurisdiction over this subject matter be in the district court, the judgment herein is set aside and held for naught for lack of jurisdiction.”

This court granted review on December 9, 1980, 609 S.W.2d 367.

I.

DID THE CIRCUIT COURT HAVE JURISDICTION OVER THE SUBJECT MATTER OF THIS ACTION?

The Court of Appeals predicated its action on KRS 217.115(2) without taking into consideration KRS 217.205. Since this court is of the opinion that KRS 217.205 is dispositive of the issues, we need to compare them. They are as follows:

“KRS 217.115. Detention or quarantine of articles that violate KRS 217.005 to 217.215.
(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 judge of the district court in whose jurisdiction the article is detained or quarantined for an order for condemnation of such article; Provided That nothing in this section shall require that the department or its agent shall go to court if destruction of the quarantined article is accomplished by agreement made in writing with the owner of the property. When such agent has found that an article so detained or quarantined is not adulterated or misbranded, he shall remove the tag or other marking.”
“KRS 217.205. Department’s power to enjoin violations. — Notwithstanding the existence or pursuit of any other remedy (civil or criminal) the department may maintain, in its own name, an action to restrain or enjoin any violation of KRS [499]*499217.005 to 217.215, irrespective of whether or not there exists an adequate remedy at law.”

It it clear to this court that KRS 217.115(2) provides a quick and speedy procedure for the specific and stated purpose of condemning adulterated or misbranded foods, drugs, devices or cosmetics that had been detained or quarantined by an agent of the Department for Human Resources pursuant to the authority of KRS 217.-115(1). Nowhere in the complaint other than in an affidavit which was filed as an exhibit is there any mention made of any article being detained or quarantined. As a matter of fact, the only relief that is sought by the demands of the complaint is that respondents be permanently restrained and enjoined from producing, packing, or offering for sale any item of food until such time that they eliminate the conditions described in the complaint and are found to be in compliance with the Act.

The question of disposing of detained or quarantined articles was presented to the trial court in the Department’s motion for a restraining order filed on September 4, 1979; in respondents’ motion to dissolve the restraining order and to release the quarantine filed on September 5, 1979; and in the Department’s motion for a temporary injunction filed on September 12, 1979.

The concern of the Department does not stop with condemning, detaining or quarantining articles. It extends to the enforcement of all of the provisions of the Act. For example, it must concern itself with “When food deemed adulterated (KRS 217.-025);” “When food deemed misbranded (KRS 217.035);” “Unsafe food additives (KRS 217.045);” “When drug deemed adulterated (KRS 217.055

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Related

Dunlap v. Commonwealth
435 S.W.3d 537 (Kentucky Supreme Court, 2013)
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14 S.W.3d 541 (Kentucky Supreme Court, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
616 S.W.2d 496, 1981 Ky. LEXIS 249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-department-for-human-resources-v-kentucky-products-inc-ky-1981.