• Product Safety Standards & Regulations in Kentucky: An Overview

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    Product Safety Standards Kentucky

    Certain products sold in Kentucky must comply with local safety standards, heavy metals and chemicals restrictions, labeling, testing, and other compliance requirements. Keep reading, and learn more about product regulations and standards covering e-cigarettes, children’s products, cosmetics, and mattresses.

    Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Kentucky. It is not a complete guide and is not kept up to date. Further, keep in mind that national product regulations (e.g. CPSIA) apply in all states.

    Restrictions on Sale and Use of Paint Containing Lead

    Kentucky Revised Statutes Chapter 217 covers the restrictions on the sale and use of paint containing lead for children’s toys, children’s furniture, and surfaces that are easily accessible by children younger than 7 years.

    Product Scope

    The statutes cover children’s products that might contain lead paint such as:

    Requirements

    The statutes set out the requirement for lead paint such as the following:

    a. Manufacturers should not offer or sell any regulated products that contain more than 0.06% lead by weight of the nonvolatile content

    b. Manufacturers should submit an application to the Cabinet for Health and Family Services if their products contain more than 0.5% lead by weight of the nonvolatile content

    c. Manufacturers should include user instruction and warning statements on the product label if their products contain more than 0.5% lead by weight of the nonvolatile content

    Labeling

    Manufacturers are responsible to inform customers about the lead content in their products. In general, the label should include the following information:

    • Product SKU
    • Manufacturer information
    • Warning statement (e.g “This product contain lead”)
    • User instruction

    Lab Testing

    Manufacturers should assess the lead content of their products. Therefore, they should arrange testing concerning lead content by contacting reputable testing companies such as SGS or Intertek.

    Food, Drug and Cosmetic Act

    Kentucky Revised Statutes Chapter 217 introduces the Food, Drug and Cosmetic Act, which covers topics such as the definition of misbranded and adulterated products, and labeling requirements.

    Product Scope

    The act covers food, drug, and cosmetic products as defined below.

    Food

    This includes food and drink articles for both humans and animals. Here are some examples of covered products:

    • Canned foods
    • Snacks
    • Beverages
    • Bread

    Drugs

    This includes articles that are recognized in the official United States pharmacopoeia, for use in the diagnosis, cure, or treatment of diseases in man or animals. Here are some examples of covered products:

    • Aspirins
    • Antihistamines

    Cosmetics

    This includes articles that are intended for use to the human body for cleansing, beautifying, promoting attractiveness, or other similar purposes. Here are some examples of covered products:

    • Body lotions
    • Eye and facial makeups
    • Skincare products

    Requirements

    The statutes set out the requirements as the following:

    a. Manufacturers should not sell or offer any misbranded or adulterated products in Kentucky (e.g. products that include a label with wrong information)

    b. Labels of food and cosmetics should conform with the requirements set by the Fair Packaging and Labeling Act

    c. Manufacturers should not add any unsafe food additives to food products

    d. No person should sell or offer new drugs unless they are approved by the FDA

    e. Certain food products (e.g meats) should conform with the Federal Meat Inspection Act or the Federal Poultry Products Inspection Act

    Labeling

    Labels of food and cosmetics should conform with the Fair Packaging and Labeling Act. Thus, manufacturers should include the following information on the label:

    • The name of the food or cosmetic products
    • Manufacturer contact information
    • Net quantity of contents
    • User instruction
    • Best before date
    • Warning statement (if applicable)

    Mattress Label Regulation

    Kentucky Revised Statutes Chapter 214 covers the labeling requirements for mattresses, including material information and statements.

    Product Scope

    The statutes cover mattresses that are offered for sale in Kentucky. Here are some examples of covered products:

    • Foam mattresses
    • Innerspring mattresses
    • Latex foam mattresses
    • Hybrid mattresses

    Labeling requirements

    The statutes set out label requirements as follows:

    a. The label should be securely sewed upon the outside of each mattress

    b. The label should include a description of the material used as the filling of the mattress

    c. The label should specify if the filling material is “Manufactured of new material” or “ Secondhand material.”

    d. The mattresses’ label should not contain any misleading information

    Act Relating to Perfluoroalkyl and Polyfluoroalkyl Chemicals

    Kentucky Chapter 224 prohibits the use of perfluoroalkyl and polyfluoroalkyl (PFAS) chemicals in firefighting equipment for certain purposes, such as training.

    Product Scope

    The Act defines PFAS chemicals as “All perfluoroalkyl and polyfluoroalkyl substances containing at least one 1 fully fluorinated carbon atom”. It covers products that contain firefighting foam products.

    Examples

    • Fire extinguishers
    • Fire foam blankets

    Requirements

    The Act states that Class B firefighting foam that contains PFAS chemicals should not be used for firefighting training or testing purposes.

    Lab Testing

    Manufacturers should verify that their firefighting foam products do not contain any PFAS chemicals before selling them for training or testing purposes. As such, they should arrange lab testing via reputable testing companies, such as Intertek or TUV.

    E-Cigarette Regulations

    The Kentucky Revised Statutes section 438 set out a general provision for the sale of e-cigarettes, which includes labeling, applications, and sale prohibitions.

    Product Scope

    The statutes define an e-cigarette as any noncombustible product containing nicotine and product vapor from nicotine regardless of shape or size. Here are some examples of covered products:

    • Electronic cigars
    • Electronic vape pens
    • Electronic pipes
    • Electronic hookahs

    Requirements

    The statutes set out the requirements for e-cigarettes, such as for example:

    a. No wholesaler, retailer, or manufacturers should offer or distribute e-cigarette products to any person under the age of twenty-one

    b. The vending machine of e-cigarette should be located in the line of sight of the cashier

    c. Wholesalers, retailers, or manufacturers should report the name and address of the owner of their establishment to the Department of Alcoholic Beverage Control

    Product Liability Act

    The Kentucky Revised Statutes Chapter 411 introduces the Product Liability Act, which covers manufacturers’ liability on damages caused by defective products.

    Product Scope

    The Product Liability Act covers most consumer products sold in Kentucky, such as:

    • Electronics
    • Children’s products
    • Textile products
    • Kitchen utensils

    Requirements

    The Product Liability Act sets out general provisions such as:

    a. Manufacturers are liable for personal injury, death, or property damage caused by defective products

    b. A person can file a claim if the product caused any damage due to defective design, missing warning, or other similar causes

    Labeling

    The act states the manufacturers are liable for inadequate labeling. Manufacturers should include relevant information on the product label, such as for example:

    • Product description
    • Manufacturer contact information
    • User instruction (if applicable)
    • Warning statement (if applicable)
    • Compliance statement (if applicable)

    Lab Testing

    Manufacturers should ensure product safety before placing them in the market. They can contact a reputable testing company (e.g. SGS or Intertek) to conduct relevant testings, depending on the product type.

    Learn More

    Regulation Website
    Restrictions on Sale and Use of Paint Containing Lead Link
    Food, Drug and Cosmetic Act Link
    Mattress Label Regulation Link
    Act Relating to Perfluoroalkyl and Polyfluoroalkyl Chemicals Link
    e-Cigarette Regulations Link
    Product Liability Act Link
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    Disclaimer: The content on this website is provided for general information only. The content includes summaries written by our team members based on publicly available information about product safety standards, labeling, documentation, testing, processes, and other product compliance related topics. However, we don’t guarantee that we cover every single relevant regulation/standard/requirement, or that the information is free from errors, or covering every single scenario and exemption. We do make mistakes from time to time. We never provide legal advice of any sort.

    Changes/Updates: Product standards and substance restrictions are subject to frequent updates and changes. In addition, new regulations, standards, and/or requirements may also become effective at any time. We don’t update our articles whenever new standards/regulations/rules are added or changed. We recommend that you consult a lab testing company or other professional to get the latest information about mandatory standards/regulations in your market, country, or state. Lab testing companies generally stay up to date on new and updated standards and regulations.

    National/State-Level Standards/Regulations: Many articles don't cover all European national and US state standards, regulations, and requirements. We recommend that you consult a testing company or other professional to confirm all relevant (and current) national/state level standards and regulations.
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