217.035 When food deemed misbranded

217.035 When food deemed misbranded.

A food shall be deemed to be misbranded:

(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;

(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

imitation of another food that is not subject to subsection (7) of this section, unless

its label bears in type of uniform size and prominence, the word, imitation, and,

immediately thereafter, the name of the food imitated;

(4) If its container is so made, formed, or filled as to be misleading;

(5) If in package form, unless it bears a label containing:

(a) The name and place of business of the manufacturer, packer, or distributor;

(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

accurately stated in a uniform location upon the principal display panel of the

label; provided that reasonable variations shall be permitted, and exemptions

as to small packages shall be established, by regulations prescribed by the

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

thereon with such conspicuousness (as compared with other words, statements,

designs, or devices, in the labeling) and in such terms as to render it likely to be

read and understood by the ordinary individual under customary conditions of

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:

(a) It conforms to such definition and standard; and

(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

optional ingredients (other than spices, flavoring, and coloring) present in

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

label bears, in such manner and form as such regulations specify, a statement

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

standard of fill of container applicable thereto, unless its label bears, in such

manner and form as such regulations specify, a statement that it falls below

such standard;

(9) If it is not subject to the provisions of subsection (7) of this section, unless it bears

labeling clearly giving:

(a) The common or usual name of the food, if any there be; and

by KRS 217.135 and it falls below the

standard of fill of container applicable thereto, unless its label bears, in such

manner and form as such regulations specify, a statement that it falls below

such standard;

(9) If it is not subject to the provisions of subsection (7) of this section, unless it bears

labeling clearly giving:

(a) The common or usual name of the food, if any there be; and

(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,

other than those sold as such, may be designated as spices, flavorings, and

colorings, without naming each; provided that, to the extent that compliance

with this subsection is impractical or results in deception or unfair

competition, exemptions shall be established by regulations promulgated by

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

secretary determines to be, and by regulations prescribes as, necessary in order to

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

compliance with the requirements of this subsection is impracticable, exemptions

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

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

of such commodity bears labeling which declares the presence of such chemical in

or on such commodity and the common or usual name and the function of such

chemical; provided, however, that no such declaration shall be required while such

commodity, having been removed from the shipping container, is being held or

displayed for sale at retail out of such container in accordance with the custom of

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

under the provisions of the federal act; or

(15) If it purports to be or is represented as meat or a meat product and it contains any

cultured animal tissue produced from in vitro animal cell cultures outside of the

organism from which it is derived.