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.
Content Overview
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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:
- Children’s furniture
- Children’s toys
- Interior surface coatings
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:
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:
- 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 |
