217.037 Fair packaging and labeling. - Kentucky Statutes

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217.037 Fair packaging and labeling. Fair packaging and labeling provisions:
(1) All labels of foods and cosmetics, as defined by KRS 217.015, shall conform with the requirements for the declaration of net quantity of contents of Section 4 of the
Fair Packaging and Labeling Act (15 U.S.C. secs. 1451 et seq.) and the regulations
promulgated pursuant thereto. Food and cosmetics exempted from the requirements
of Section 4 of the Fair Packaging and Labeling Act shall also be exempt from this
subsection; (2) The label of any package of food which bears a representation as to the number of servings of such food contained in such package shall bear a statement of the net
quantity (in terms of weight, measure, or numerical count) of each such serving; (3) No person shall distribute or cause to be distributed in commerce any packaged food or cosmetic if any qualifying words or phrases appear in conjunction with the
separate statement of the net quantity of contents. Supplemental statements of net
quantity of contents shall not include any term qualifying a unit of weight, measure
or count that tends to exaggerate the amount of food or cosmetic contained in the
package; (4) Whenever the secretary determines that regulations containing prohibitions or requirements other than those prescribed by this section are necessary to prevent the
deception of consumers or to facilitate value comparisons as to any food or
cosmetic, the secretary shall promulgate with respect to that food or cosmetic
regulations effective to:
(a) Establish and define standards for the characterization of the size of a package enclosing any food or cosmetic which may be used to supplement the label
statement of net quantity of contents of packages containing such food or
cosmetic, but this paragraph shall not be construed as authorizing any
limitation on the size, shape, weight, dimensions, or number of packages
which may be used to enclose any food or cosmetics; (b) Regulate the placement upon any package containing any food or cosmetic or upon any label affixed to such food or cosmetic, of any printed matter stating
or representing by implication that such food or cosmetic is offered for retail
sale at a price lower than the ordinary and customary retail sale price or that a
retail sale price advantage is accorded to purchasers thereof by reason of the
size of that package or the quantity of its contents; (c) Require that the label on each package of food or cosmetic bear: 1. The common or usual name of such food or cosmetic, if any; and 2. In case such food or cosmetic consists of two (2) or more ingredients, the
common or usual name of each such ingredient listed in order of
decreasing predominance, but nothing in this paragraph shall be deemed
to require that any trade secret be divulged; or (d) Prevent the nonfunctional slack-fill of packages containing food or cosmetics; (e) For the purpose of paragraph (d) of this subsection, a package shall be deemed to be nonfunctionally slack-filled if it is filled of substantially less than its
capacity for reasons other than: 1. Protection of the contents of such package; or 2. The requirements of machines used for enclosing the contents in such
package; provided, that the secretary may adopt any regulations
promulgated to comply with the Fair Packaging and Labeling Act. Effective: June 17, 1978
History: Created 1978 Ky. Acts ch. 292, sec. 5, effective June 17, 1978.