217.670 Construction of term "misbranded."
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<![CDATA[217.670 Construction of term "misbranded." A hazardous substance is hereby declared to be misbranded when intended for household <br>use if it fails to bear a label: <br>(1) Which states conspicuously: (a) The name and place of business of the manufacturer, packer, or distributor; <br>(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 <br>hazardous substance or of each component which contributes substantially to <br>its hazard; (c) One (1) of the following signal words: "danger," "warning," or "caution"; <br>(d) When necessary, an affirmative statement of the principal hazard or hazards such as "flammable," "vapor harmful," "causes burns," "absorbed through <br>skin," or similar wording descriptive of the hazard; (e) Precautionary measures describing the action to be followed or avoided; <br>(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 <br>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, <br>with other printed matter on the label; provided, however, that the secretary may by <br>regulations provide for minimum information which shall appear on the labels for <br>small packages, which labels need not include all of the information required by this <br>section; provided further, that the secretary may provide for less than the foregoing <br>statement of the hazard or precautionary measures for labels of hazardous <br>substances presenting only minor hazards; and a package shall not be deemed <br>misbranded under the provisions of KRS 217.650 to 217.710 if it is a substance <br>subject to the Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat. 163, 7 <br>U.S.C. secs. 135 et seq.); the Federal Food, Drug and Cosmetic Act (52 Stat. 1040 <br>et seq., 21 U.S.C. secs. 301 et seq.); the Kentucky Pesticide Act (KRS 217.542 to <br>217.640); KRS 217.005 to 217.215, or to packages or substances intended for use in <br>agriculture or horticulture for industrial or related uses. Effective: July 15, 1980 <br>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 <br>ch. 244, sec. 3, effective June 16, 1960. ]]>