Title XXIX, Commerce and Trade

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…

As used in this chapter, unless the context otherwise requires: (1) "Timber" includes trees, whether standing, down or prepared for sale, sawlogs and other logs, cross ties, railroad ties, boards, planks, staves and headings, and other wood cut or prepared for market. (2) To "tak…

(1) Whenever any boat, raft or platform, or any timber prepared for market, whether branded or unbranded, is taken up by a person not the owner thereof, the person who takes it up and secures it and delivers it to the owner shall have a claim against the owner for the following f…

Any person who takes up any fleet, raft or platform shall, in addition to the fees provided for by KRS 364.020, have a claim against the owner for a reasonable compensation for keeping and caring for the property taken up by him, not to exceed the following rates for each day: Fo…

Any person who takes up any logs, or any tree prepared for sale, where the log or tree is not part of a fleet, raft or platform, and keeps it in his possession for more than thirty (30) days before the owner thereof offers to pay the fees provided for by KRS 364.020 shall have a …

(1) Any person who takes up unbranded timber prepared for market shall receive as compensation for his services only the fees provided for in KRS 364.020 and no charges for keeping or caring for the timber. (2) No person who takes up unbranded timber shall unlawfully sell, or in …

If any person who takes up any drift, log or timber secretes it or allows it to be so grounded that he cannot immediately, upon the demand of the owner or his agent, put it afloat, or if he fails to put it afloat upon such demand, he shall not receive any compensation for taking …

(1) Any timber dealer may adopt a brand. (2) Every timber dealer desiring to adopt a brand may do so by executing a writing in substantially the following form: "Notice is hereby given that I (or we) have adopted the following brand in my (or our) business as timber dealer (or de…

(1) Every brand adopted under KRS 364.070 shall, from the date of its adoption, be the exclusive trade-mark of the person adopting it. (2) No person shall knowingly use or attempt to use any such brand without the written consent of the owner.

(1) The owner, in using his brand, shall cause it to be plainly stamped or otherwise impressed upon each separate piece of timber intended to be branded. (2) No person shall fraudulently place any brand on timber not his own.

No person shall unlawfully cut out, cancel, obliterate or deface any brand recorded as provided in KRS 364.070 and placed upon the timber of another.

No person shall unlawfully take, secrete, cut, saw, split up or destroy any timber branded as provided in this chapter, or remove it from the main stream on which it was taken up, with the intention of preventing the owner from finding it, or in any way convert it to his own use …

(1) When a valid sale of standing timber has been made as provided in KRS 371.100 and the timber has been branded by the seller, or by another with his consent, with the brand of the purchaser, the sale shall have the same effect as to creditors and innocent purchasers as a recor…

land of another -- Measure of damages -- Exceptions with limitations on liability. (1) Except as provided in subsections (2) and (4) of this section, any person, regardless of state of mind or whether the person believes to be authorized or not, who cuts or saws down, or causes t…

(1) Any person who violates any of the provisions of subsection (2) of KRS 364.050 shall be guilty of a Class D felony. (2) Any person who violates any of the provisions of subsection (2) of KRS 364.080 shall be guilty of a violation, and shall be liable to the owner of the brand…

withdrawal -- Filing fees. (1) (a) The real name of an individual shall include his or her surname at birth, or his or her name as changed by a court of competent jurisdiction, or the surname of a married woman. (b) The real name of a domestic: 1. General partnership that is not …

(1) No person doing business in this state and engaged in the production, manufacture, distribution or sale of any commodity or product, or service or output of a service trade, of general use or consumption, or the product or service of any public utility, with the intent to des…

prohibited. (1) Except as provided in KRS 365.040, no person engaged in business within this state shall sell, offer for sale or advertise for sale any article or product, or service or output of a service trade, at less than the cost thereof to such vendor, or give, offer to giv…

The provisions of KRS 365.030 do not apply to any sale made: (1) In closing out in good faith the owner's stock or any part thereof for the purpose of discontinuing his trade in any such stock or commodity, or in disposing of seasonable goods to prevent loss to the vendor by depr…