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217.085 When cosmetic deemed adulterated.
A cosmetic shall be deemed to be adulterated:
(1) If it bears or contains any poisonous or deleterious substance which may
render it injurious to users under the conditions of use prescribed in the
labeling or advertisement thereof, or under such conditions of use as are
customary or usual; provided that this provision shall not apply to coal-tar hair
dye, the label of which bears the following legend conspicuously displayed
thereon: "Caution -- This product contains ingredients which may cause skin
irritation on certain individuals and a preliminary test according to
accompanying directions should first be made. This product must not be used
for dyeing the eyelashes or eyebrows; to do so may cause blindness," and the
labeling of which bears adequate directions for such preliminary testing. For
the purpose of this subsection and subsection (5) of this section, the term "hair
dye" shall not include eyelash dyes or eyebrow dyes;
(2) If it consists in whole or in part of any filthy, putrid or decomposed substance;
(3) If it has been produced, prepared, packed, or held under insanitary conditions
whereby it may have become contaminated with filth, or whereby it may have
been rendered injurious to health;
(4) If its container is composed, in whole or in part, of any poisonous or deleterious
substance which may render the contents injurious to health;
(5) If it is not a hair dye and it bears or contains a coal-tar color other than one
from a batch which has been certified under authority of the federal act.
Effective:June 16, 1960
History: Created 1960 Ky. Acts ch. 247, sec. 9, effective June 16, 1960.
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