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217.037 Fair packaging and labeling.

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217.037 Fair packaging and labeling. Fair packaging and labeling provisions: <br>(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 <br>Fair Packaging and Labeling Act (15 U.S.C. secs. 1451 et seq.) and the regulations <br>promulgated pursuant thereto. Food and cosmetics exempted from the requirements <br>of Section 4 of the Fair Packaging and Labeling Act shall also be exempt from this <br>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 <br>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 <br>separate statement of the net quantity of contents. Supplemental statements of net <br>quantity of contents shall not include any term qualifying a unit of weight, measure <br>or count that tends to exaggerate the amount of food or cosmetic contained in the <br>package; (4) Whenever the secretary determines that regulations containing prohibitions or requirements other than those prescribed by this section are necessary to prevent the <br>deception of consumers or to facilitate value comparisons as to any food or <br>cosmetic, the secretary shall promulgate with respect to that food or cosmetic <br>regulations effective to: <br>(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 <br>statement of net quantity of contents of packages containing such food or <br>cosmetic, but this paragraph shall not be construed as authorizing any <br>limitation on the size, shape, weight, dimensions, or number of packages <br>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 <br>or representing by implication that such food or cosmetic is offered for retail <br>sale at a price lower than the ordinary and customary retail sale price or that a <br>retail sale price advantage is accorded to purchasers thereof by reason of the <br>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 <br>common or usual name of each such ingredient listed in order of <br>decreasing predominance, but nothing in this paragraph shall be deemed <br>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 <br>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 <br>package; provided, that the secretary may adopt any regulations <br>promulgated to comply with the Fair Packaging and Labeling Act. Effective: June 17, 1978 <br>History: Created 1978 Ky. Acts ch. 292, sec. 5, effective June 17, 1978.