217.085 When cosmetic deemed adulterated.
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(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.