KRS 217.670: Construction of term "misbranded."

A hazardous substance is hereby declared to be misbranded when intended for household

use if it fails to bear a label:

(1) Which states conspicuously:

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

(b) The common or usual n ame, or the chemical name (if there be no common or

usual name), or the recognized generic name (not trade name only) of the

hazardous substance or of each component which contributes substantially to

its hazard;

(c) One (1) of the following signal words: "danger," "warning," or "caution";

(d) When necessary, an affirmative statement of the principal hazard or hazards

such as "flammable," "vapor harmful," "causes burns," "absorbed through

skin," or similar wording descriptive of the hazard;

(e) Precautionary measures describing the action to be followed or avoided;

(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 substanc e which is defined as poisonous by

the rules and regulations of the secretary under the provisions of KRS 217.650

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,

with other printed matter on the label; provided, however, that the secretary may by

regulations provide for minimum information which shall appear on the labels for

small packages, which labels need not include all of the information required by this

section; provided further, that the secretary may provide for less than the foregoing

statement of the hazard or precautionary measures for labels of hazardous

substances presenting only minor hazards; and a package shall not be deemed

misbranded under the provisions of KRS 217.650 to 21 7.710 if it is a substance

subject to the Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat. 163, 7

U.S.C. secs. 135 et seq.); the Federal Food, Drug and Cosmetic Act (52 Stat. 1040

et seq., 21 U.S.C. secs. 301 et seq.); the Kentucky Pesticide A ct (KRS 217.542 to

217.640); KRS 217.005 to 217.215, or to packages or substances intended for use in

agriculture or horticulture for industrial or related uses.