Title XXIX, Commerce and Trade

Any person, firm, or corporation engaged in the business of grain buying, custom grain storage and/or grain banking, resale of grain, and grain used for feed manufacturing and who purchases or makes sales based on moisture content must show moisture contents of these commodities …

As used in KRS 363.510 to 363.850: (1) "Department" means the Kentucky Department of Agriculture; (2) "Commissioner" means the Commissioner of Agriculture; (3) "Division" means the Division of Regulation and Inspection; (4) (a) "Weights and measures" means all weights and measure…

The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one (1) or both of these systems shall be used for all commercial purposes in the State of Kentucky. The definitions of basic …

Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of the unit as prescribed or defined in KRS 363.520 and subsection (13) of KRS 363.510, and all contracts concerning the sale of commodities and services shall be construed in accordan…

The state shall have weights and measures that conform with the standards of the United States and that have been approved as being satisfactory for use by the National Institute of Standards and Technology. These weights and measures shall be the state standards of weight and me…

In addition to the state standards provided for in KRS 363.540, there shall be supplied by the state such "field standards" and such equipment as may be found necessary to carry out the provisions of KRS 363.510 to 363.850. The field standards shall be verified upon their initial…

The Commissioner may promulgate administrative regulations relating to servicing or inspecting instruments and devices used to measure internal moisture or density levels in unprocessed bulk tobacco as described in KRS 363.510.

The power and duty to administer and enforce KRS 363.510 to 363.850 is vested in the Department of Agriculture, and shall be exercised under the supervision of the Office for Consumer and Environmental Protection through the Division of Regulation and Inspection. The division sha…

A bond, with sureties, to be approved by the Secretary of State, and conditioned upon the faithful performance of his duties and the safekeeping of any standards or equipment entrusted to his care, shall forthwith, upon his appointment, be given by the director in the penal sum o…

The director shall have the custody of the state standards of weight and measure and of the other standards and equipment provided for by KRS 363.510 to 363.850, and shall keep accurate records of the same. The director shall enforce the provisions of KRS 363.510 to 363.850. He s…

(1) The director shall issue from time to time reasonable regulations for the enforcement of KRS 363.510 to 363.850, which regulations shall have the force and effect of law. These regulations may include: (a) Standards of net weight, measure, or count, and reasonable standards o…

The director shall from time to time test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which moneys are appropriated by the legislature, reporting his findings, in writing, to the supervisory board a…

When not otherwise provided by law, the director shall have the power to inspect and test, to ascertain if they are correct, all weights and measures kept, offered, or exposed for sale. It shall be the duty of the director, within a twelve-month period, or less frequently if in a…

The director shall investigate complaints made to him concerning violations of the provisions of KRS 363.510 to 363.850, and shall, upon his own initiative, conduct such investigations as he deems appropriate and advisable to develop information on prevailing procedures in commer…

The director shall, from time to time, weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether the same contain the amounts represented and whether they be kept, offered, or expo…

The director shall have the power to issue stop-use orders, stop-removal orders, and removal orders with respect to weights and measures being, or susceptible of being, commercially used, and to issue stop-removal orders and removal orders with respect to packages or amounts of c…

The director shall approve for use, and seal or mark with appropriate devices, such weights and measures as he finds upon inspection and test to be correct as defined in KRS 363.590, and shall reject and mark or tag as "rejected" such weights and measures as he finds, upon inspec…

With respect to the enforcement of KRS 363.510 to 363.850 and any other law dealing with weights and measures that he is or may be empowered to enforce, the director is hereby vested with special police powers, and is authorized to arrest, without formal warrant, any violator of …

The powers and duties given to and imposed upon the director by KRS 363.600 to 363.660 and KRS 363.810 are hereby given to and imposed upon the deputy director and inspectors also when acting under the instructions and at the direction of the director.

Weights and measures that have been rejected under the authority of the director or of a sealer shall remain subject to the control of the rejecting authority until such time as suitable repair or disposition thereof has been made as required by this section. The owners of such r…

(1) Commodities in liquid form shall be sold only by liquid measure or by weight, and, except as otherwise provided in KRS 363.510 to 363.850, commodities not in liquid form shall be sold only by weight, by measure of length or area, or by count: provided, that liquid commodities…

Except as otherwise provided in KRS 363.510 to 363.850, any commodity in package form introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or offered or exposed for sale in intrastate commerce, shall bear on the outside o…

In addition to the declarations required by KRS 363.720, any commodity in package form, the package being one (1) of a lot containing random weights, measures, or counts of the same commodity and bearing the total selling price of the package, shall bear on the outside of the pac…

No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed, or filled as to mislead the purchaser as to the quantity of the contents of the package, and the contents of a container shall not fall below such reasonable standard of fill as may …

Whenever a commodity in package form is advertised in any manner and the retail price of the package is stated in the advertisement, there shall be closely and conspicuously associated with such statement of price a declaration of the basic quantity of contents of the package as …

Whenever any commodity or service is sold, or is offered, exposed, or advertised for sale, by weight, measure, or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective pu…

Except for immediate consumption on the premises where sold, or as one (1) of several elements comprising a ready-to-eat meat sold as a unit for consumption elsewhere than on the premises where sold, all meat, meat products, poultry (whole or parts), and all seafood except shellf…

When a vehicle delivers to an individual purchaser a commodity in bulk, and the commodity is sold in terms of weight units, the delivery shall be accompanied by a duplicate delivery ticket with the following information clearly stated, in ink or by means of other indelible markin…

inspections -- Administrative regulations. (1) Beginning January 1, 2027, an electric vehicle power dealer shall not operate an electric vehicle charging station without first obtaining a retail electric vehicle charging license from the department. A retail electric vehicle char…

All furnace and stove oil shall be sold by liquid measure or by net weight in accordance with the provisions of KRS 363.710. In the case of each delivery of such liquid fuel not in package form and in an amount greater than ten (10) gallons in the case of sale by liquid measure o…

Berries and small fruits shall be offered and exposed for sale and sold by weight, or by measure in open containers having capacities of one-half (1/2) dry pint, one (1) dry pint, or one (1) dry quart; provided, that the marking provisions of KRS 363.720 shall not apply to such c…

The director is authorized to apply to any court of competent jurisdiction for, and such court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating any provision of KRS 363.510 to 363.850.

For the purposes of KRS 363.510 to 363.850, proof of the existence of a weight or measure or a weighing or measuring device in or about any building, enclosure, stand, or vehicle in which or from which it is shown that buying or selling is commonly carried on, shall, in the absen…

363.850. Prosecutions for violation of any provision of KRS 363.510 to 363.850 are declared to be valid and proper, notwithstanding the existence of any other valid general or specific law of this state dealing with matters that may be the same as or similar to those covered by K…

Nothing contained in KRS 363.510 to 363.850 shall be construed as amending, repealing, or superseding any provision of KRS 217.005 to 217.215 (the Kentucky Food, Drug and Cosmetic Act) or the regulations adopted thereunder by the secretary for health and family services.

KRS 363.510 to 363.850 may be cited as the "Weights and Measures Act of Kentucky."

As used in KRS 363.900 to 363.908, unless the context clearly requires otherwise: (1) "ASTM International" means the international standards developing organization that provides a forum for the development and publication of international voluntary consensus standards for materi…

Society for Testing and Materials International standards -- Administrative regulations. (1) The Commissioner or his or her authorized agent shall implement and administer an inspection and testing program for motor fuels intended for sale from a retail facility to ensure complia…

Gasoline-oxygenate blend standards -- Labeling and testing of shipments of motor fuels. (1) No motor fuel shall be sold or offered for sale at a retail facility in Kentucky unless it conforms to the following: (a) The motor fuel shall be labeled and posted in accordance with appl…

The General Assembly finds that the fuel additive methyl tertiary butyl ether, known as MTBE, as a result of leaks in underground storage tanks, has contaminated groundwater in California and other states to such an extent that it has been banned in those states. The legislature …

(1) Beginning on January 1, 2006, the use of methyl tertiary butyl ether, known as MTBE, as a fuel additive shall be illegal in the Commonwealth of Kentucky. Importation, sale, or storage of fuel containing MTBE shall be unlawful after that date. (2) Beginning on January 1, 2004,…

(1) As used in this section, "biodiesel fuel" means a biodegradable, combustible liquid fuel derived from renewable fats and vegetable oils that meets ASTM International specification D6751 and is suitable for blending with petroleum-based diesel fuel for use in diesel engines. (…

-- Nonlapsing of unexpended money. (1) A person shall not operate a retail facility without first obtaining a retail motor fuel license from the department. (2) For the calendar year beginning on January 1, 2023, the department shall collect an annual licensure fee in the amount …

regulations -- Actions to recover civil penalties and for injunctive relief. (1) Any person who violates any provisions of KRS 363.900 to 363.906 or any administrative regulation promulgated pursuant to KRS 363.900 to 363.906 may be required to pay a civil penalty of not more tha…

(1) Any person who violates the provisions of KRS 363.420, 363.430 and 363.440 shall be fined not less than fifty dollars ($50) nor more than two hundred dollars ($200) for the first offense; he or she shall be fined not less than five hundred dollars ($500) nor more than one tho…