KRS 217.145: When additives deemed unsafe.

(1) A food additive shall with respect to any particular use or intended use of such

additive, be deemed to be unsafe within the meaning of KRS 217.025(1)(b) and

217.045, unless it and its use or intended use conform to the terms of an exemption

as provided un der the federal act, or, a regulation issued under the federal act

prescribing the conditions under which such additive may be safely used.

(2) Any poisonous or deleterious pesticide chemical, or any pesticide chemical which is

not recognized by the cabine t as safe for use, added to a raw agricultural

commodity, shall be deemed unsafe within the meaning of KRS 217.025(1)(b),

unless a tolerance for such pesticide chemical in or on the raw agricultural

commodity has been prescribed under the federal act or th e Federal Environmental

Pesticide Control Act of 1972 and the quantity of such pesticide chemical in or on

the raw agricultural commodity is within the tolerance so prescribed or the pesticide

chemical has been exempted from the requirement of a tolerance under provisions

of the federal act or the Federal Environmental Pesticide Control Act of 1972.

(3) A color additive shall with respect to any particular use (for which it is being used

or intended to be used or is represented as suitable) in or on food or drugs or

cosmetics, be deemed unsafe for the purposes of the application of KRS 217.025(4),

217.055(1)(d), or 217.085(5), as the case may be, unless there is in effect, and such

color additive and such use are in conformity with a regulation as provided u nder

the federal act, or such color additive and such use conform to the terms of an

exception under the federal act.