411.600 Definitions

411.600 Definitions.

For purposes of KRS 411.600 to 411.640:

(1) "Claim" means any claim by or on behalf of a natural person, as well as any

derivative or other claim arising therefrom asserted by or on behalf of any other

person;

(2) "Food establishment" means:

(a) Any entity required to hold a permit pursuant to KRS 217.125; or

(b) Any other manufacturer, packer, distributor, carrier, holder, seller, marketer,

or advertiser of food as defined in KRS 217.015(18) or 21 U.S.C. sec. 321(f);

(3) "Generally known condition allegedly caused by or allegedly likely to result from

long-term consumption" means a condition generally known to result or to likely

result from the cumulative effect of consumption, and not from a single instance of

consumption; and

(4) "Knowing and willful violation" means that the conduct constituting the violation

was committed with the intent to deceive or injure consumers or with actual

knowledge that the conduct was injurious to consumers, and the conduct

constituting the violation was not required by regulations, orders, rules, or other

pronouncements of, or any statutes administered by, a federal, state, or local

government agency.