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217.035 When food deemed misbranded.
A food shall be deemed to be misbranded:
(1) If its labeling is false or misleading in any particular or its labeling or packaging
fails to conform with the requirements of KRS 217.037;
(2) If it is offered for sale under the name of another food;
(3) If it is an imitation of another food for which a definition and standard of identity
has been prescribed by regulations as provided by KRS 217.135; or if it is an
imitation of another food that is not subject to subsection (7) of this section,
unless its label bears in type of uniform size and prominence, the word,
imitation, and, immediately thereafter, the name of the food imitated;
(4) If its container is so made, formed, or filled as to be misleading;
(5) If in package form, unless it bears a label containing:
(a) The name and place of business of the manufacturer, packer, or
distributor;
(b) An accurate statement of the net quantity of the contents in terms of
weight, measure, or numerical count, which statement shall be separately
and accurately stated in a uniform location upon the principal display
panel of the label; provided that reasonable variations shall be permitted,
and exemptions as to small packages shall be established, by regulations
prescribed by the secretary;
(6) If any word, statement, or other information required by or under authority of
KRS 217.005 to 217.215 to appear on the label or labeling is not prominently
placed thereon with such conspicuousness (as compared with other words,
statements, designs, or devices, in the labeling) and in such terms as to render
it likely to be read and understood by the ordinary individual under customary
conditions of purchase and use;
(7) If it purports to be or is represented as a food for which a definition and
standard of identity has been prescribed by regulations as provided by KRS
217.135 unless:
(a) It conforms to such definition and standard; and
(b) Its label bears the name of the food specified in the definition and
standard, and insofar as may be required by such regulations, the
common names of optional ingredients (other than spices, flavoring, and
coloring) present in such food;
(8) If it purports to be or is represented as:
(a) A food for which a standard of quality has been prescribed by regulations
as provided by KRS 217.135 and its quality falls below such standard
unless its label bears, in such manner and form as such regulations
specify, a statement that it falls below such standard; or
(b) A food for which a standard or standards of fill of container have been
prescribed by regulation as provided by KRS 217.135 and it falls below
the standard of fill of container applicable thereto, unless its label bears,
in such manner and form as such regulations specify, a statement that it
falls below such standard;
(9) If it is not subject to the provisions of subsection (7) of this section, unless it
(10)
(11)
(12)
(13)
(14)
bears labeling clearly giving:
(a) The common or usual name of the food, if any there be; and
(b) In case it is fabricated from two (2) or more ingredients, the common or
usual name of each such ingredient, except that spices, flavorings, and
colorings, other than those sold as such, may be designated as spices,
flavorings, and colorings, without naming each; provided that, to the
extent that compliance with this subsection is impractical or results in
deception or unfair competition, exemptions shall be established by
regulations promulgated by the secretary;
If it purports to be or is represented for special dietary uses, unless its label
bears such information concerning its vitamin, mineral, and other dietary
properties as the secretary determines to be, and by regulations prescribes as,
necessary in order to fully inform purchasers as to its value for such uses;
If it bears or contains any artificial flavoring, artificial coloring, or chemical
preservative, unless it bears labeling stating that fact; provided that to the
extent that compliance with the requirements of this subsection is
impracticable, exemptions shall be established by regulations promulgated by
the secretary;
If it is a product intended as an ingredient of another food and when used
according to the directions of the purveyor will result in the final food product
being adulterated or misbranded;
If it is a raw agricultural commodity which is the produce of the soil, bearing or
containing a pesticide chemical applied after harvest, unless the shipping
container of such commodity bears labeling which declares the presence of
such chemical in or on such commodity and the common or usual name and
the function of such chemical; provided, however, that no such declaration
shall be required while such commodity, having been removed from the
shipping container, is being held or displayed for sale at retail out of such
container in accordance with the custom of the trade;
If it is a color additive unless its packaging and labeling are in conformity with
such packaging and labeling requirements applicable to such color additive
prescribed under the provisions of the federal act.
Effective:June 17, 1978
History: Amended 1978 Ky. Acts ch. 292, sec. 3, effective June 17, 1978. -Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(22). -- Created 1960 Ky. Acts
ch. 247, sec. 4, effective June 16, 1960.
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