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363.720 Provisions as to packaged commodities.
Except as otherwise provided in KRS 363.510 to 363.850, any commodity in
package form introduced or delivered for introduction into or received in intrastate
commerce, kept for the purpose of sale, or offered or exposed for sale in intrastate
commerce, shall bear on the outside of the package such definite, plain, and
conspicuous declarations of:
(1) The identity of the commodity in the package unless the same can easily be
identified through the wrapper or container,
(2) The net quantity of the contents in terms of weight, measure, or count, and
(3) In the case of any package kept, offered, or exposed for sale, or sold in any
place other than on the premises where packed, the name and place of
business of the manufacturer, packer, or distributor, as may be prescribed by
regulation issued by the director.
Provided, that in connection with the declaration required under subsection (2) of
this section, neither the qualifying term "when packed" or any words of similar
import, nor any term qualifying a unit of weight, measure, or count (for example,
"jumbo," "giant," "full," and the like) that tends to exaggerate the amount of
commodity in a package shall be used; and provided further, that under subsection
(2) of this section the director shall, by regulation, establish reasonable variations to
be allowed, which may include variations below the declared weight or measure
caused by ordinary and customary exposure, only after the commodity is introduced
into intrastate commerce, to conditions that normally occur in good distribution
practice and that unavoidably result in decreased weight or measure, exemptions as
to small packages, and exemptions as to commodities put up in variable weights or
sizes for sale intact and either customarily not sold as individual units or customarily
weighed or measured at time of sale to the consumer.
History: Created 1970 Ky. Acts ch. 264, sec. 23.
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