{"data":{"id":"us-ky/krs-217.037","jurisdiction":"us-ky","citation":"KRS 217.037","heading":"Fair packaging and labeling.","body":"Fair packaging and labeling provisions:\n(1) All labels of foods and cosmetics, as defined by KRS 217.015, shall conform with\nthe requirements for the declaration of net quantity of contents of Section 4 of the\nFair Packaging and Labeling Act (15 U.S.C. secs. 1451 et seq.) and the regulations\npromulgated pursuant thereto. Food and cosmetics exempted from the requirements\nof Section 4 of the Fair Packaging and Labeling Act shall also be exempt from this\nsubsection;\n(2) The label of any package of food which bears a representation as to the number of\nservings of such food contained in such package shall bear a statement of the net\nquantity (in terms of weight, measure, or numerical count) of each such serving;\n(3) No person shall distribute or cause to be distributed in commerce any packaged\nfood or cosmetic if any qualifying words or phrases appear in conjunction with the\nseparate statement of the net quantity of contents. Supplemental statements of net\nquantity of contents shall not include any term qualifying a unit of weight, measure\nor count that ten ds to exaggerate the amount of food or cosmetic contained in the\npackage;\n(4) Whenever the secretary determines that regulations containing prohibitions or\nrequirements other than those prescribed by this section are necessary to prevent the\ndeception of c onsumers or to facilitate value comparisons as to any food or\ncosmetic, the secretary shall promulgate with respect to that food or cosmetic\nregulations effective to:\n(a) Establish and define standards for the characterization of the size of a package\nenclosing any food or cosmetic which may be used to supplement the label\nstatement of net quantity of contents of packages containing such food or\ncosmetic, but this paragraph shall not be construed as authorizing any\nlimitation on the size, shape, weight, dim ensions, or number of packages\nwhich may be used to enclose any food or cosmetics;\n(b) Regulate the placement upon any package containing any food or cosmetic or\nupon any label affixed to such food or cosmetic, of any printed matter stating\nor representing by implication that such food or cosmetic is offered for retail\nsale at a price lower than the ordinary and customary retail sale price or that a\nretail sale price advantage is accorded to purchasers thereof by reason of the\nsize of that package or the quantity of its contents;\n(c) Require that the label on each package of food or cosmetic bear:\n1. The common or usual name of such food or cosmetic, if any; and\n2. In case such food or cosmetic consists of two (2) or more ingredients,\nthe common or usual nam e of each such ingredient listed in order of\ndecreasing predominance, but nothing in this paragraph shall be deemed\nto require that any trade secret be divulged; or\n(d) Prevent the nonfunctional slack-fill of packages containing food or cosmetics;\n(e) For the purpose of paragraph (d) of this subsection, a package shall be deemed\nto be nonfunctionally slack -filled if it is filled of substantially less than its\ncapacity for reasons other than:\n1. Protection of the contents of such package; or\n2. The requirements of machines used for enclosing the contents in such\npackage; provided, that the secretary may adopt any regulations\npromulgated to comply with the Fair Packaging and Labeling Act.","path":["KRS Chapter 217"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=9270","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:24Z","sha256":"164d20ee0a392c7b776b71fbb10de041f2985a199f45af540b5983cccb77c299","source_id":"us-ky","stale":false,"prev":"us-ky/krs-217.035","next":"us-ky/krs-217.039"},"notice":"GroundRules: Original legal text. Not legal advice."}