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217.085 When cosmetic deemed adulterated.

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217.085 When cosmetic deemed adulterated. A cosmetic shall be deemed to be adulterated: <br>(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or <br>advertisement thereof, or under such conditions of use as are customary or usual; <br>provided that this provision shall not apply to coal-tar hair dye, the label of which <br>bears the following legend conspicuously displayed thereon: &quot;Caution -- This <br>product contains ingredients which may cause skin irritation on certain individuals <br>and a preliminary test according to accompanying directions should first be made. <br>This product must not be used for dyeing the eyelashes or eyebrows; to do so may <br>cause blindness,&quot; and the labeling of which bears adequate directions for such <br>preliminary testing. For the purpose of this subsection and subsection (5) of this <br>section, the term &quot;hair dye&quot; shall not include eyelash dyes or eyebrow dyes; (2) If it consists in whole or in part of any filthy, putrid or decomposed substance; <br>(3) If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been <br>rendered injurious to health; (4) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; (5) If it is not a hair dye and it bears or contains a coal-tar color other than one from a batch which has been certified under authority of the federal act. Effective: June 16, 1960 <br>History: Created 1960 Ky. Acts ch. 247, sec. 9, effective June 16, 1960.