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217.035 When food deemed misbranded.

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217.035 When food deemed misbranded. A food shall be deemed to be misbranded: <br>(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; <br>(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 <br>imitation of another food that is not subject to subsection (7) of this section, unless <br>its label bears in type of uniform size and prominence, the word, imitation, and, <br>immediately thereafter, the name of the food imitated; (4) If its container is so made, formed, or filled as to be misleading; <br>(5) If in package form, unless it bears a label containing: (a) The name and place of business of the manufacturer, packer, or distributor; <br>(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 <br>accurately stated in a uniform location upon the principal display panel of the <br>label; provided that reasonable variations shall be permitted, and exemptions <br>as to small packages shall be established, by regulations prescribed by the <br>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 <br>thereon with such conspicuousness (as compared with other words, statements, <br>designs, or devices, in the labeling) and in such terms as to render it likely to be <br>read and understood by the ordinary individual under customary conditions of <br>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: <br>(a) It conforms to such definition and standard; and <br>(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 <br>optional ingredients (other than spices, flavoring, and coloring) present in <br>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 <br>label bears, in such manner and form as such regulations specify, a statement <br>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 <br>standard of fill of container applicable thereto, unless its label bears, in such <br>manner and form as such regulations specify, a statement that it falls below <br>such standard; (9) If it is not subject to the provisions of subsection (7) of this section, unless it bears labeling clearly giving: <br>(a) The common or usual name of the food, if any there be; and <br>(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, <br>other than those sold as such, may be designated as spices, flavorings, and <br>colorings, without naming each; provided that, to the extent that compliance <br>with this subsection is impractical or results in deception or unfair <br>competition, exemptions shall be established by regulations promulgated by <br>the secretary; (10) 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 <br>secretary determines to be, and by regulations prescribes as, necessary in order to <br>fully inform purchasers as to its value for such uses; (11) 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 <br>compliance with the requirements of this subsection is impracticable, exemptions <br>shall be established by regulations promulgated by the secretary; (12) 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 <br>adulterated or misbranded; (13) 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 <br>of such commodity bears labeling which declares the presence of such chemical in <br>or on such commodity and the common or usual name and the function of such <br>chemical; provided, however, that no such declaration shall be required while such <br>commodity, having been removed from the shipping container, is being held or <br>displayed for sale at retail out of such container in accordance with the custom of <br>the trade; (14) 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 <br>under the provisions of the federal act. Effective: June 17, 1978 <br>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, <br>effective June 16, 1960.