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217.095 When cosmetic deemed misbranded.

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217.095 When cosmetic deemed misbranded. A cosmetic shall be deemed to be misbranded: <br>(1) If its labeling is false or misleading in any particular or if its labeling or packaging fails to conform with the requirements of KRS 217.037; (2) If in package form unless it bears a label containing: (a) The name and place of business of the manufacturer, packer, or distributor; and (b) An accurate statement of the 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; (3) 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; (4) If its container is so made, formed or filled as to be misleading; <br>(5) 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 <br>prescribed under the provisions of the federal act. This subsection shall not apply to <br>packages of color additives which, with respect to their use for cosmetics, are <br>marketed and intended for use only in or on hair dyes as defined in KRS 217.085; (6) A cosmetic which is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at an establishment other than the <br>establishment where it was originally processed or packed, is exempted from the <br>affirmative labeling requirements of KRS 217.037 while it is in transit in commerce <br>from the one establishment to the other, if such transit is made in good faith for <br>such completion purposes only; but it is otherwise subject to all applicable <br>provisions of KRS 217.005 to 217.215. Effective: June 17, 1978 <br>History: Amended 1978 Ky. Acts ch. 292, sec. 6, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(22). -- Created 1960 Ky. Acts ch. 247, <br>sec. 10, effective June 16, 1960.