217.670 Construction of term "misbranded." - Kentucky Statutes

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217.670 Construction of term "misbranded." A hazardous substance is hereby declared to be misbranded when intended for household
use if it fails to bear a label:
(1) Which states conspicuously: (a) The name and place of business of the manufacturer, packer, or distributor;
(b) The common or usual name, or the chemical name (if there be no common or usual name), or the recognized generic name (not trade name only) of the
hazardous substance or of each component which contributes substantially to
its hazard; (c) One (1) of the following signal words: "danger," "warning," or "caution";
(d) When necessary, an affirmative statement of the principal hazard or hazards such as "flammable," "vapor harmful," "causes burns," "absorbed through
skin," or similar wording descriptive of the hazard; (e) Precautionary measures describing the action to be followed or avoided;
(f) Instructions, when necessary, for the first-aid treatment in case of contact or exposure if the substance is hazardous through contact or exposure; (g) The word "poison" for any toxic substance which is defined as poisonous by the rules and regulations of the secretary under the provisions of KRS 217.650
to 217.710; (h) Instructions for handling and storage of packages which require special care in handling or storage; and (i) The statement "Keep out of reach of children" or its practical equivalent; (2) On which any statements required under subsection (1) are not located prominently and are not in English in legible type in contrast by typography, layout, or color,
with other printed matter on the label; provided, however, that the secretary may by
regulations provide for minimum information which shall appear on the labels for
small packages, which labels need not include all of the information required by this
section; provided further, that the secretary may provide for less than the foregoing
statement of the hazard or precautionary measures for labels of hazardous
substances presenting only minor hazards; and a package shall not be deemed
misbranded under the provisions of KRS 217.650 to 217.710 if it is a substance
subject to the Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat. 163, 7
U.S.C. secs. 135 et seq.); the Federal Food, Drug and Cosmetic Act (52 Stat. 1040
et seq., 21 U.S.C. secs. 301 et seq.); the Kentucky Pesticide Act (KRS 217.542 to
217.640); KRS 217.005 to 217.215, or to packages or substances intended for use in
agriculture or horticulture for industrial or related uses. Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 188, sec. 218, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(22). -- Created 1960 Ky. Acts
ch. 244, sec. 3, effective June 16, 1960.