{"data":{"id":"us-ky/krs-217.035","jurisdiction":"us-ky","citation":"KRS 217.035","heading":"When food deemed misbranded.","body":"A food shall be deemed to be misbranded:\n(1) If its labeling is false or misleading in any particular or its labeling or packaging\nfails to conform with the requirements of KRS 217.037;\n(2) If it is offered for sale under the name of another food;\n(3) If it is an imitation of another food for which a definition and standard of identity\nhas been prescribed by regulations as provided by KRS 217.135; or if it is an\nimitation of another food that is not subject to subsection (7) of this section, unless\nits label bears in type of uniform size and prominen ce, the word, imitation, and,\nimmediately thereafter, the name of the food imitated;\n(4) If its container is so made, formed, or filled as to be misleading;\n(5) If in package form, unless it bears a label containing:\n(a) The name and place of business of the manufacturer, packer, or distributor;\n(b) An accurate statement of the net quantity of the contents in terms of weight,\nmeasure, or numerical count, which statement shall be separately and\naccurately stated in a uniform location upon the principal displ ay panel of the\nlabel; provided that reasonable variations shall be permitted, and exemptions\nas to small packages shall be established, by regulations prescribed by the\nsecretary;\n(6) If any word, statement, or other information required by or under autho rity of KRS\n217.005 to 217.215 to appear on the label or labeling is not prominently placed\nthereon with such conspicuousness (as compared with other words, statements,\ndesigns, or devices, in the labeling) and in such terms as to render it likely to be\nread and understood by the ordinary individual under customary conditions of\npurchase and use;\n(7) If it purports to be or is represented as a food for which a definition and standard of\nidentity has been prescribed by regulations as provided by KRS 217.135 unless:\n(a) It conforms to such definition and standard; and\n(b) Its label bears the name of the food specified in the definition and standard,\nand insofar as may be required by such regulations, the common names of\noptional ingredients (other than spices,  flavoring, and coloring) present in\nsuch food;\n(8) If it purports to be or is represented as:\n(a) A food for which a standard of quality has been prescribed by regulations as\nprovided by KRS 217.135 and its quality falls below such standard unless its\nlabel bears, in such manner and form as such regulations specify, a statement\nthat it falls below such standard; or\n(b) A food for which a standard or standards of fill of container have been\nprescribed by regulation as provided by KRS 217.135 and it falls below the\nstandard of fill of container applicable thereto, unless its label bears, in such\nmanner and form as such regulations specify, a statement that it falls below\nsuch standard;\n(9) If it is not subject to the provisions of subsection (7) of this section, unless it bears\nlabeling clearly giving:\n(a) The common or usual name of the food, if any there be; and\n(b) In case it is fabricated from two (2) or more ingredients, the common or usual\nname of each such ingredient, except that spices, flavorings, and colorings,\nother than those sold as such, may be designated as spices, flavorings, and\ncolorings, without naming each; provided that, to the extent that compliance\nwith this subsection is impractical or results in deception or unfair\ncompetition, exemptions shall be established by regulations promulgated by\nthe secretary;\n(10) If it purports to be or i s represented for special dietary uses, unless its label bears\nsuch information concerning its vitamin, mineral, and other dietary properties as the\nsecretary determines to be, and by regulations prescribes as, necessary in order to\nfully inform purchasers as to its value for such uses;\n(11) If it bears or contains any artificial flavoring, artificial coloring, or chemical\npreservative, unless it bears labeling stating that fact; provided that to the extent that\ncompliance with the requirements of this subs ection is impracticable, exemptions\nshall be established by regulations promulgated by the secretary;\n(12) If it is a product intended as an ingredient of another food and when used according\nto the directions of the purveyor will result in the final food product being\nadulterated or misbranded;\n(13) If it is a raw agricultural commodity which is the produce of the soil, bearing or\ncontaining a pesticide chemical applied after harvest, unless the shipping container\nof such commodity bears labeling which dec lares the presence of such chemical in\nor on such commodity and the common or usual name and the function of such\nchemical; provided, however, that no such declaration shall be required while such\ncommodity, having been removed from the shipping container,  is being held or\ndisplayed for sale at retail out of such container in accordance with the custom of\nthe trade;\n(14) If it is a color additive unless its packaging and labeling are in conformity with such\npackaging and labeling requirements applicable to such color additive prescribed\nunder the provisions of the federal act; or\n(15) If it purports to be or is represented as meat or a meat product and it contains any\ncultured animal tissue produced from in vitro animal cell cultures outside of the\norganism from which it is derived.","path":["KRS Chapter 217"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48670","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:24Z","sha256":"93212a2d9a75fd2400da9590fe3efd834b0e31699beb8a9551673a9c839e601d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-217.030","next":"us-ky/krs-217.037"},"notice":"GroundRules: Original legal text. Not legal advice."}