902 KAR 45:050. Food packaging and labeling.

 

      RELATES TO: KRS Chapter 217

      STATUTORY AUTHORITY: KRS 194.050, 217.125

      NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 217 authorizes the Cabinet for Human Resources to regulate the labeling of foods. The purpose of this administrative regulation is to establish uniform labeling requirements for packaged foods.

 

      Section 1. Label Requirements. (1) Requirements contained in this administrative regulation that any word, statement, or other information appear on the label shall not be considered to be complied with unless the word, statement, or information also appears on the outer container or wrapper of the retail package of the article, or the information is easily legible by the transparency of the outer wrapper or container.

      (2) If a consumer commodity is marketed in a multiunit retail package bearing the mandatory label information required by this administrative regulation and the unit containers are not intended to be sold separately, the net weight placement requirement of Section 5(6) of this administrative regulation applicable to unit containers shall be waived if the units are in compliance with this administrative regulation.

 

      Section 2. Principal Display Panel. (1) The principal display panel for food in package form shall be the part of a label most likely to be displayed, presented, shown, or examined under customary conditions of display for retail sale.

      (2) The principal display panel shall be large enough to accommodate all the label information clearly and without obscuring design, vignettes, or crowding.

      (3) If packages bear alternate principal display panels, information required to be placed on the principal display panel shall be duplicated on each principal display panel.

      (4) To obtain uniform type size in declaring the quantity of contents for all packages of substantially the same size, the area of the principal display panel shall be:

      (a) In the case of a rectangular package, with one (1) entire side considered to be the principal display panel side, the product of the height times the width of that side;

      (b) In the case of a cylindrical or nearly cylindrical container, forty (40) percent of the product of the height of the container times the circumference; and

      (c) In the case of any shaped container, forty (40) percent of the total surface of the container.

      (5) If a container presents an obvious principal display panel, such as the top of a triangular or circular package of cheese, the area of the principal display panel shall consist of the entire top surface.

      (6) In determining the area of the principal display panel, exclude tops, bottoms, flanges at tops and bottoms of cans, and shoulders and necks of bottles or jars.

      (7) For cylindrical or nearly cylindrical containers, information required to appear on the principal display panel shall appear within that forty (40) percent of the circumference most likely to be displayed, presented, shown, or examined under customary conditions of display for retail sale.

 

      Section 3. Statement of Identity. (1) The principal display panel of a food in package form shall bear as a principal feature a statement of the identity of the food.

      (2) A statement of identity shall be in terms of:

      (a) The name of the food;

      (b) The common or usual name of the food; or

      (c) A descriptive term or, if the nature of the food is obvious, a fanciful name commonly used by the public for that food.

      (3) If a food is marketed in various optional forms (whole, slices, diced, etc.), the particular form shall be considered to be a necessary part of the statement of identity and shall be in letters of a type size comparable to the size of the letters forming the other components of the statement of identity. If the optional form is visible through the container or is depicted by an appropriate vignette, the particular form need not be included in the statement. This specification does not affect the required declarations of identity under definitions and standards for foods pursuant to KRS Chapter 217.

      (4) The statement of identity shall:

      (a) Be presented in bold type on the principal display pane;

      (b) Be in a size reasonably related to the most prominent printed matter on the panel; and

      (c) Be in lines generally parallel to the base on which the package rests as it is designed to be displayed.

 

      Section 4. Name and Place of Business of Manufacturer, Packer, or Distributor. (1) The label of a food in packaged form shall distinctly specify the name and place of business of the manufacturer, packer, or distributor.

      (2) The requirement for declaration of the name of the manufacturer, packer, or distributor shall be satisfied, in the case of a corporation, only by the actual corporate name, which may be preceded or followed by the name of the division of the corporation. For an individual, partnership, or association, the name under which the business is conducted shall be used.

      (3) If the food is not manufactured by the person whose name appears on the label, the name shall include a phrase that reveals the connection that person has with the food; such as "Manufactured for __________", "Distributed by ___________".

      (4) The statement of the place of business shall include the street address, city, state, and zip code. The street address may be omitted if it is shown in a current city directory or telephone directory. For nonconsumer packages, the zip code shall appear either on the label or the labeling (including invoice).

      (5) If a person manufactures, packs, or distributes a food at a place other than the principal place of business, the label may state the principal place of business instead of the actual place where the food was manufactured, packed, or is to be distributed, unless the statement would be misleading.

 

      Section 5. Declaration of Net Quantity of Contents. (1) The principal display panel of a food in package form shall bear a declaration of the net quantity of contents by weight, measure, numerical count, or a combination of numerical count and weight or measure.

      (a) The declaration shall be in terms of fluid measure if the food is liquid, or in terms of weight if the food is solid, semisolid, viscous, or a mixture of solid and liquid;

      (b) The statement may be in terms of dry measure if the food is a fresh fruit, fresh vegetable, or other dry commodity that is customarily sold by dry measure.

      (c) If there is a firmly established, general consumer usage and trade custom of declaring the contents of a liquid by weight, or a solid, semisolid, or viscous product by fluid measure, it may be used.

      (2) Statements of weight shall be in terms of avoirdupois pound and ounce.

      (a) Statements of fluid measure shall be in terms of the U.S. gallon of 231 cubic inches and quart, pint, and fluid ounce subdivisions thereof, and shall:

      1. In the case of frozen food that is sold and consumed in a frozen state, express the volume at the frozen temperature.

      2. In the case of refrigerated food that is sold in the refrigerated state, express the volume at forty (40) degrees Fahrenheit.

      3. In the case of other foods, express the volume at sixty-eight (68) degrees Fahrenheit.

      (b) Statements of dry measure shall be in terms of the U.S. Bushel of 2,150.42 cubic inches and peck, dry quart, and dry pint subdivisions thereof.

      (3) If the declaration by numerical count does not give information as to the quantity of food in the package, it shall be combined with a statement of weight, measure, or size of the individual units of the foods to provide that information.

      (4) The declaration may contain common or decimal fractions.

      (a) A common fraction shall be in terms of halves, quarters, eighths, 16ths, or 32nds;

      (b) If there exists a firmly established, general consumer usage and trade custom of employing different common fractions in the net quantity declaration of a particular commodity, it may be used.

      (c) A common fraction shall be reduced to its lowest terms.

      (d) A decimal fraction shall not be carried out to more than two (2) places.

      (e) A statement that includes small fractions of an ounce shall permit smaller variations than a statement that does not include small fractions of an ounce.

      (5) The declaration shall be located on the principal display panel of the label; packages bearing alternate principal panels shall have the declaration duplicated on each principal display panel.

      (6) The declaration shall appear as a distinct item on the principal display panel, and shall be:

      (a) Separated by at least a space equal to the height of the lettering used in the declaration from other printed label information appearing above or below the declaration and by at least a space equal to twice the width of the letter "N" of the style of type used in the quantity of contents statement from other printed label information appearing to the left or right of the declaration; and

      (b) Placed within the bottom thirty (30) percent of the area of the label panel in lines generally parallel to the base on which the package rests as it is designed to be displayed. This requirement shall not apply to packages having a principal display panel of five (5) square inches or less, if the declaration meets the requirements of this administrative regulation.

      (7) The declaration shall accurately reveal the quantity of food in the package, exclusive of wrappers and other material. In the case of foods packed in containers designed to deliver the food under pressure, the declaration shall state the net quantity of the contents that will be expelled if the instructions for use as shown on the container are followed. The propellant is included in the net quantity declaration.

      (8) The declaration shall appear in obvious and easily legible boldface print or type in distinct contrast, by typography, layout, color, embossing, or molding, to other matter on the package; except a declaration of net quantity blown, embossed, or molded on a glass or plastic surface shall be permissible if all label information is formed on the surface. Requirements of legibility shall include:

      (a) The ratio of height to width of the letter shall not exceed a differential of three (3) units to one (1) unit (no more than three (3) times as high as it is wide).

      (b) Letter heights pertain to upper case or capital letters. If upper and lower case or all lower case letters are used, it is the lower case letter "o" or its equivalent that shall meet the minimum standards.

      (c) If fractions are used, each component numeral shall meet one-half (1/2) the minimum height standards.

      (9) The declaration shall be in letters and numerals in a type size established in relationship to the area of the principal display panel of the package and shall be uniform for all packages of substantially the same size by complying with the following type specifications:

      (a) Not less than one-sixteenth (1/16) inch in height on packages the principal display panel has an area of five (5) square inches or less;

      (b) Not less than one-eighth (1/8) inch in height on packages the principal display panel has an area of more than five (5) but not more than twenty-five (25) square inches;

      (c) Not less than three-sixteenths (3/16) inch in height on packages the principal display has an area of more than twenty-five (25) but less than 100 square inches;

      (d) Not less than one-fourth (1/4) inch in height on packages the principal display panel has an area of more than 100 square inches, except not less than one-half (1/2) inch in height if the area is more than 400 square inches.

      (10) If the declaration is blown, embossed, or molded on a glass or plastic surface rather than by printing, typing, or coloring, the lettering sizes specified in subsection (9)(a) through (d) of this section shall be increased by one-sixteenth (1/16) of an inch.

      (11) On packages containing less than four (4) pounds or one (1) gallon and labeled in terms of weight or fluid measure:

      (a) The declaration shall be expressed both in ounces with identification by weight or by liquid measure and, if applicable (one (1) pound or one (1) pint or more), followed in parentheses by a declaration in pounds for weight units, with the remainder in terms of ounces or common or decimal fractions of the pound (see examples set forth in subsection (14)(a) and (b) of this section), or in the case of liquid measure, in the largest whole units (quarts and pints, or pints, as appropriate) with the remainder in terms of fluid ounces or common or decimal fractions of the pint or quart (see example in subsection (14)(c) and (d) of this section).

      (b) If the declaration appears on a random package, that is a package which is one (1) of a lot, shipment, or delivery of packages of the same consumer commodity with varying weights and with no fixed weight pattern, it may, if the net weight exceeds one (1) pound, be expressed in terms of pounds and decimal fractions of the pound carried out to not more than two (2) decimal places. If the net weight does not exceed one (1) pound, the declaration on the random package may be in decimal fractions of the pound in lieu of ounces (see example in subsection (14)(e) of this section).

      (c) The declaration may appear in more than one (1) line.

      1. The term "net weight" shall be used if stating the net quantity of contents in terms of weight.

      2. The terms "net" or "net contents" for fluid measure or numerical count is optional.

      3. Avoirdupois ounce may be distinguished from fluid ounce through association of terms; for example, "Net wt. 6 oz." or "6 oz. Net wt." and "6 fl. oz." or "Net contents 6 fl. oz."

      (12) On packages containing four (4) pounds or one (1) gallon or more and labeled in terms of weight or fluid measure, the declaration shall be expressed in pounds for weight units with the remainder in terms of ounces or common or decimal fraction of the pound. Fluid measure shall be expressed in the largest whole unit (gallons followed by common or decimal fraction of a gallon) or by the next smaller whole unit or units (quarts, or quarts and pints) with the remainder in terms of fluid ounces or common or decimal fractions of the pint or quart (see subsection (14)(f) of this section).

      (13) The declaration shall not include a term qualifying a unit of weight, measure or count that tends to exaggerate the amount of food in the container, such as "jumbo quart" and "full gallon".

      (14) Examples.

      (a) A declaration of one and one-half (1 1/2) pounds weight shall be expressed as "Net Wt. 24 oz. (1 lb. 8 oz.)" or as "Net Wt. 24 oz. (1.5 lb.)."

      (b) A declaration of three-fourths (3/4) pound avoirdupois weight shall be expressed as "Net Wt. 12 oz."

      (c) A declaration of one (1) quart liquid measure shall be expressed as "Net Wt. 32 fl. oz. (1 qt.)."

      (d) A declaration of one and three-fourths (1 3/4) quarts liquid measure shall be expressed as "Net contents 56 fluid ounces (1 quart 1 1/2 pints)" or as "Net 56 fluid oz. (1 qt. 1 pt. 8 oz.)," but not in terms of quart and ounce such as "Net 56 fluid oz. (1 quart 24 ounces)."

      (e) On a random package, declaration of three-fourths (3/4) pound avoirdupois may be expressed as "Net Wt. .75 lb."

      (f) A declaration of two and one-half (2 1/2) gallons liquid measure shall be expressed as "Net contents 2 1/2 gallons," "Net contents 2.5 gallons," or "Net contents 2 gallons 2 quarts", not as "2 gallons 4 pints."

      (15) For quantities, the following abbreviations shall be used (periods and plural forms are optional): weight, wt.; pound, lb.; pint, pt.; fluid, fl.; ounce, oz.; gallon, gal.; and quart, qt.

      (16) This section shall not prohibit supplemental declarations at locations other than the principal display panel describing in nondeceptive terms the net quantity of contents;

      (a) Supplemental declarations shall not include any term of weight, measure, or count that tends to exaggerate the amount of the food contained in the package; for example, "jumbo quart" and "full gallon."

      (b) Dual or combination declarations, as provided for in subsections (1), (3), and (11) of this section, (for example, combination of net weight plus numerical count, net contents plus dilution directions of a concentrate, etc.) shall not be regarded as a supplemental declaration and shall be located on the principal display panel.

      (17) A separate statement of the net quantity of contents in terms of the metric system shall not be regarded as a supplemental declaration. A statement in terms of the metric system of weight or measure may also appear on the principal display panel or on other panels.

      (18) The declaration shall express an accurate statement of the quantity of contents of the package. Reasonable variations caused by loss or gain of moisture during the course of good distribution practice or by unavoidable deviations in good manufacturing practice will be recognized.

      (19) The declaration on pickles and pickle products, including relishes but excluding one (1) or two (2) whole pickles in clear plastic bags which may be declared by count, shall be expressed in terms of the U.S. gallon of 231 cubic inches and quart, pint, and fluid ounce subdivisions thereof.

      (20) On a multiunit retail package, a statement of the quantity of contents shall appear on the outside of the package and shall include the number of individual units, the quantity of each individual unit, and, in parentheses, the total quantity of contents of the multiunit package in terms of avoirdupois of fluid ounces.

      (a) The declaration of total quantity need not be followed by an additional parenthetical declaration in terms of the largest whole units and subdivisions thereof, as required by subsection (11)(a) of this section.

      (b) A multiunit retail package may be properly labeled: "6-16 oz. bottles - (96 fl. oz.)" or "3-16 oz. cans - (net wt. 48 oz.)."

      (c) A multiunit retail package contains two (2) or more individually packaged units of the identical commodity and in the same quantity, intended to be sold as part of the multiunit retail package but capable of being individually sold in full compliance with all requirements of this administrative regulation.

      (d) Open multiunit retail packages that do not obscure the number of units nor prevent examination of the labeling on each of the individual units are not subject to this subsection if the labeling of each individual unit complies with the requirements of subsections (6) and (9) of this section.

      (e) The provisions of this section do not apply to butter or margarine covered by the exemptions in Section 10 of this administrative regulation.

 

      Section 6. Food Labeling; Number of Servings. (1) The label of a package of a food which bears a representation as to the number of servings contained in a package shall bear in immediate conjunction with the statement, and in the same size type as used for the statement, a statement of the net quantity in terms of weight, measure, or numerical count of each serving.

      (2) The statement may be expressed in terms that differ from the terms used in the required statement of net quantity of contents (for example, cupfuls, tablespoonfuls) if the differing term is common to cookery and describes a constant quantity.

      (3) The statement may not be misleading in any particular.

      (4) A statement of the number of units in a package is not in itself a statement of the number of servings.

 

      Section 7. Prominence of Required Statements. (1) A word, statement, or other information may lack prominence pursuant to KRS Chapter 217 by reason of:

      (a) The failure of a word, statement, or information to appear on the part or panel of the label which is presented or displayed under customary conditions of purchase;

      (b) The failure of a word, statement, or information to appear on two (2) or more parts or panels of the label, each having sufficient space, and designed to render it likely to be, under customary conditions of purchase, the part or panel displayed;

      (c) Failure of the label to extend over the area of the container or package available for the extension to provide sufficient label space for the prominent placing of a word, statement or information;

      (d) Insufficient label space for the prominent placing of a word, statement, or information resulting from the use of label space for any word, statement, design, or device which is not required to appear on the label;

      (e) Insufficient label space for the prominent placing of a word, statement, or information, resulting from the use of label space to give materially greater distinction of any other word, statement, or information, or to any design or device; or

      (f) Smallness or style of type in which a word, statement, or information appears, insufficient background contrast, obscuring designs or vignettes, or crowding with other written, printed, or graphic matter.

      (2) No exemption depending on insufficiency of label space, pursuant to KRS Chapter 217 shall apply if the insufficiency is caused by:

      (a) Use of label space for any word, statement, design, or device which is not required to appear on the label;

      (b) Use of label space to give greater conspicuousness to any word, statement, or other information that is required by KRS 217.035(6); or

      (c) Use of label space for any representation in a foreign language.

      (3) Words, statements, and other information required to appear on the label or labeling shall appear in the English language. Articles distributed solely in a territory where the predominant language is one other than English, the predominant language may be substituted for English.

      (4) If the label contains any representation in a foreign language, all words, statements, and other information required pursuant to KRS 217.035 to appear on the label shall appear in the foreign language.

 

      Section 8. Designation of Ingredients. (1) The name of an ingredient (except a spice, flavoring, or coloring which is an ingredient of a food other than one sold as a spice, flavoring, or coloring), shall be a specific name and not a collective name. If an ingredient, which itself contains two (2) or more ingredients, conforms to a definition and standard of identity, the ingredient may be designated on the label of that food by the name specified in the definition and standard, supplemented by a statement showing the optional ingredients which are present in the ingredient.

      (2) No ingredient shall be designated on the label as a spice, flavoring, or coloring unless it is a spice, flavoring, or coloring. Coloring shall not include a bleaching substance.

      (3) An ingredient which is both a spice and a coloring, or both a flavoring and a coloring, shall be designated as spice and coloring, or flavoring and coloring, unless the ingredient is designated by its specific name.

      (4) In the case of fabricated foods, including mixtures of food ingredients, with the proportion of an ingredient or ingredients present having a bearing on price or consumer acceptance, the label of the food shall bear a quantitative statement of the ingredient if the label without the declaration may create an erroneous impression that the ingredient or ingredients are present in an amount greater than is actually the case.

      (a) A label designation of identity as "cottonseed oil and olive oil" for a mixture containing eighty (80) percent or more of cottonseed oil would require a declaration of the percent of olive oil present.

      (b) A representation by vignette or statement of identity that a breakfast syrup is made from a mixture of sugar syrup and maple syrup would necessitate a quantitative declaration of the maple sugar syrup unless more than twenty (20) percent maple sugar syrup is present.

      (5) In the case of an assortment of different items of food, if variations in the items that make up different packages packed from the assortment normally occur in good packing practice and if variations result in variations in the ingredients in different packages, the food shall be exempt from compliance with the requirements of KRS 217.035(9)(b) with respect to an ingredient that is not common to all packages. The exemption shall be on the condition that the label shall bear, in conjunction with the names of ingredients as are common to all packages, a statement in terms that are not misleading indicating that other ingredients may be present.

      (6) A food shall be exempt while held for sale from the requirements of KRS 217.035(9)(b) if the food, having been received in bulk containers at a retail establishment, is displayed to the purchaser with the labeling of the bulk container plainly in view or a counter card, sign, or other appropriate device bearing clearly the information required to be stated on the label pursuant to KRS 217.035(9)(b).

      (7) Ingredients shall be listed by common or usual name in order of decreasing predominance.

      (a) The declaration shall be presented on an information panel in adequate type size, without obscuring design, vignettes, or crowding.

      (b) The entire ingredient statement shall appear on a single panel of the label.

 

      Section 9. Artificial Flavoring or Coloring, Chemical Preservatives. (1) A statement of artificial flavoring, artificial coloring, or chemical preservative shall be placed on the food, on its container or wrapper, or on any two (2) or all of these, as may be necessary to render the statement likely to be read by the individual under customary conditions of purchase and use of the food.

      (2) A food shall be exempt from compliance with the requirements of KRS 217.035(11) if it is not in package form and the units thereof are so small that a statement of artificial flavoring, artificial coloring, or chemical preservative, as the case may be, cannot be placed on the units clearly as to render it likely to be read by the individual under customary conditions of purchase and use.

      (3) A food shall be exempt while held for sale from the requirements of KRS 217.035(11) if the food, having been received in bulk containers at a retail establishment, is displayed to the purchaser with either the labeling of the bulk container plainly in view or a counter card, sign, or other appropriate device clearly stating the information required to be stated on the label pursuant to KRS 217.035(11).

      (4) A fruit or vegetable shall be exempt from compliance with the requirements of KRS 217.035(11) with respect to a chemical preservative applied to the fruit or vegetable as a pesticide chemical prior to harvest.

 

      Section 10. Exemptions from Required Label Statements. The following exemptions are granted from label statements required by this administrative regulation:

      (1) While held for sale, a food shall be exempt from the required declaration of net quantity or contents if the food is received in bulk containers at a retail establishment and is accurately weighed, measured, or counted either within the view of the purchaser or in compliance with the purchaser's order.

      (2) Random food packages, as in Section 5(11) of this administrative regulation, bearing labels declaring net weight shall be exempt from the type size, dual declaration, and placement requirements of Section 5 of this administrative regulation if the statement of net weight is obvious on the principal display panel of the package.

      (3) Individual serving-size packages of foods containing less than one-half (1/2) ounce or less than one-half (1/2) fluid ounce for use in restaurants, institutions, and passenger carriers, and not intended for sale at retail, shall be exempt from the required declaration of net quantity of contents.

      (4) Individually wrapped pieces of candy and other confectionery of less than one-half (1/2) ounce net weight per individual piece shall be exempt from labeling requirements if the container in which the confectionery is shipped is in conformance with the labeling requirements of this administrative regulation. If the confectionery items are sold in bags or boxes, the items shall be exempt from the labeling requirements of this administrative regulation, including the required declaration of net quantity of contents if the declaration on the bag or box meets the requirements of this administrative regulation.

      (5) Soft drinks packaged in bottles shall be exempt from the placement requirements for the statement of identity prescribed by Section 3(1) and (4) of this administrative regulation if the statement is obvious on the bottle closure. If soft drinks are marketed in a multiunit retail package, the multiunit retail package shall be exempt from the statement of identity declaration requirements prescribed by Section 3 of this administrative regulation if the statement of identity on the unit container is not obscured by the multiunit retail package.

      (a) A multiunit retail package for soft drinks shall be exempt from the declaration regarding name and place of business required by Section 4 of this administrative regulation if the package does not obscure the declaration on unit containers or if it bears a statement that the declaration can be found on the unit containers and the declaration on the unit containers complies with Section 4 of this administrative regulation. The declaration required by Section 4 of this administrative regulation may appear on the top or side of the closure of bottled soft drinks, if the statement is obvious and legible.

      (b) Soft drinks packaged in bottles which display other required label information only on the closure shall be exempt from the placement requirements for the declaration of contents prescribed by Section 5(6) of this administrative regulation if the required content declaration is blown, formed, or molded into the surface of the bottle near the closure.

      (6) Ice cream, French ice cream, ice milk, fruit sherbets, water ices, quiescently frozen confections, with or without ingredients, special dietary frozen desserts, and products made in semblance of the foregoing, if measured by and packaged in one-half (1/2) liquid pint and one-half (1/2) gallon measure containers, are exempt from the requirements of Section 5(2)(a) of this administrative regulation to the extent that net contents of eight (8) fluid ounces and sixty-four (64) fluid ounces may be expressed as one-half (1/2) pint and one-half (1/2) gallon, respectively.

      (a) The foods named in this subsection, if measured by and packaged in one (1) liquid pint, one (1) liquid quart, and one-half (1/2) gallon measure containers, are exempt from the dual net contents declaration requirement of Section 5(11) of this administrative regulation.

      (b) The foods named in this subsection, if measured by and packaged in one-half (1/2) liquid pint, one (1) liquid pint, one (1) liquid quart, one-half (1/2) gallon, and one (1) gallon measure containers, are exempt from the requirement of Section 5(6)(b) of this administrative regulation.

      (7) Milk, cream, light cream, coffee or table cream, whipping cream, light whipping cream, heavy whipping cream, sour or cultured sour cream, half and half, sour or cultured half and half, reconstituted or recombined milk and milk products, concentrated milk and milk products, skim or skimmed milk, vitamin D milk and milk products, fortified milk and milk products, homogenized milk, flavored milk and milk products, buttermilk, cultured buttermilk, cultured milk or cultured whole buttermilk, low-fat milk (five-tenths (0.5) to two (2.0) percent butterfat), and acidified milk and milk products, if packaged in containers of eight (8) and sixty-four (64) fluid ounce capacity, are exempt from the requirements of Section 5(2)(a) of this administrative regulation to the extent that net contents of eight (8) fluid ounces and sixty-four (64) fluid ounces may be expressed as one-half (1/2) pint and one-half (1/2) gallon, respectively.

      (a) The products listed in this subsection, if packaged in glass or plastic containers of one-half (1/2) pint, one (1) pint, one (1) quart, one-half (1/2) gallon, and one (1) gallon capacities are exempt from the placement requirement of Section 5(6)(b) of this administrative regulation, if other required label information is clearly displayed on the cap or outside closure and the required net quantity of contents declaration is clearly blown, formed, or molded into or permanently applied to that part of the glass or plastic container that is at or above the shoulder of the container.

      (b) The products listed in this subsection, if packaged in containers of one (1) pint, one (1) quart, and one-half (1/2) gallon capacities are exempt from the dual contents declaration requirement of Section 5(11) of this administrative regulation.

      (8) Wheat flour products packaged:

      (a) In conventional two (2), five (5), ten (10), twenty-five (25), fifty (50), and 100 pound packages are exempt from the placement requirement of Section 5(6)(b) of this administrative regulation; and

      (b) In conventional two (2) pound packages are exempt from the dual net-contents declaration requirements of Section 5(11) of this administrative regulation provided the quantity of contents is expressed in pounds.

      (9) Shell eggs packaged:

      (a) Twelve (12) shell eggs packaged in a carton designed to hold one (1) dozen eggs and designed to permit the division of the carton by the retail customer at the place of purchase into two (2) portions of one-half (1/2) dozen eggs each are exempt from the labeling requirements of this administrative regulation with respect to each portion of the divided carton if the carton, undivided, is in conformance with labeling requirements of this administrative regulation.

      (b) Twelve (12) shell eggs packaged in a carton designed to hold one (1) dozen eggs are exempt from the placement requirements for the declaration of contents prescribed by Section 5(6) of this administrative regulation if the required content declaration is placed on the principal display panel of the carton and if, in the case of cartons designed to permit division by retail customers into two (2) portions of one-half (1/2) dozen eggs each, the required content declaration is placed on the principal display panel in such a manner that the context of the content declaration is destroyed upon division of the carton.

      (10) Butter in eight (8) ounce and in one (1) pound packages are exempt from the requirements of Section 5(6)(b) of this administrative regulation; and

      (a) One (1) pound packages are exempt from the requirements of Section 5(11)(a) of this administrative regulation that the declaration be in terms of ounces and pounds, to permit declaration of "1 pound" or "one pound;" and

      (b) Four (4) ounce, eight (8) ounce, and one (1) pound packages with continuous label copy wrapping are exempt from the requirements of Sections 3(4) and 5(6) of this administrative regulation that the statement of identity and net contents declaration appear in lines generally parallel to the base on which the package rests as it is designed to be displayed, if that statement and declaration are not so positioned on the label as to be misleading or difficult to read as the package is customarily displayed at retail.

      (11) Margarine and imitations thereof in one (1) pound rectangular packages, except for packages containing whipped or soft margarine or packages that contain more than four (4) sticks, are exempt from the requirements of Section 5(6)(b) of this administrative regulation and from the requirement of Section 5(11)(a) of this administrative regulation that the declaration be expressed both in ounces and in pounds to permit declaration of "1 pound" or "one pound," if an accurate statement of net weight appears clearly on the principal display panel of the package.

      (12) Corn flour and related products packaged in conventional five (5), ten (10), twenty-five (25), fifty (50) and 100 pound bags are exempt from the placement requirement of Section 5(6)(b) of this administrative regulation.

      (13) Single strength and less than single strength fruit juice beverages, imitations thereof, and drinking water if packaged in glass or plastic containers of one-half (1/2) pint, one (1) pint, one (1) quart, one-half (1/2) gallon, and one (1) gallon capacities are exempt from the placement requirement of Section 5(6)(b) of this administrative regulation if other required label information is clearly displayed on the cap or outside closure and the required net quantity of contents declaration is clearly blown, formed, or molded into or permanently applied to that part of the glass or plastic container at or above the shoulder of the container.

      (a) Single strength and less than single strength fruit juice beverages, imitations thereof, and drinking water if packaged in glass, plastic, or paper (fluid milk type) containers of one (1) pint, one (1) quart, and one-half (1/2) gallon capacities are exempt from the dual net contents declaration requirements of Section 5(11) of this administrative regulation.

      (b) Single strength and less than single strength fruit juice beverages, imitations thereof, and drinking water if packaged in glass, plastic, or paper (fluid milk type) containers of eight (8) and sixty-four (64) fluid ounce capacity, are exempt from the requirements of Section 5(2)(a) of this administrative regulation to the extent that net contents of eight (8) fluid ounces and sixty-four (64) fluid ounces (or two (2) quarts) may be expressed as one-half (1/2) pint (or half pint) and one-half (1/2) gallon (or half gallon), respectively. (FDC-23; 1 Ky.R. 543; eff. 3-12-75; Am. 20 Ky.R. 2203; eff. 3-14-94.)