Kentucky

363.750 Advertisement containing price also to contain quantity. 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 is required by law or regulation to appear on the package: 

provided, that, where the law or regulation requires a dual declaration of net quantity to appear on the 

package, only the declaration that sets forth the quantity in terms of the smaller unit of weight or 

measure (the declaration that is required to appear first and without parentheses on the package) need 

appear in the advertisement; and provided further, that there shall not be included as part of the 

declaration required under this section such qualifying terms as "when packed," "minimum," "not less 

than," or any other terms of similar import, nor any term qualifying a unit of weight, measure, or count 

(for example, "jumbo," "giant," "full," and the like) that tends to exaggerate the amount of commodity 

in the package. History: Created 1970 Ky. Acts ch. 264, sec. 26.

363.760 Misrepresentation of price prohibited -- Handling of fractions of cent. 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 purchaser. Whenever an advertised, 

posted, or labeled price per unit of weight, measure, or count includes a fraction of a cent, all elements 

of the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall 

be immediately adjacent to, of the same general design and style as, and at least one-half (1/2) the 

height and width of the numerals representing the whole cents. History: Created 1970 Ky. Acts ch. 264, 

sec. 28.

302 KAR 80:010. Examination procedure for price verification. RELATES TO: KRS 363.510, 363.991(4) 

STATUTORY AUTHORITY: KRS 363.590(1) NECESSITY, FUNCTION, AND CONFORMITY: KRS 363.590(1)(a) 

authorizes the Director of the Division of Regulation and Inspection to promulgate administrative 

regulations establishing standards of net weight, measure, or count. This administrative regulation 

establishes a procedure to verify pricing practices to ensure that consumers are charged a correct price 

for items they purchase. This administrative regulation establishes procedures through the use of 

randomized and stratified sampling procedures used in routine inspections to ensure that consumers 

are charged the correct price for items they purchase. Section 1. All scanners shall comply with 

requirements of National Institute of Standards and Technology Handbook 130, Uniform Laws and 

Regulations in the Areas of Legal Metrology and Fuel Quality, Chapter V, Examination Procedure for 

Price Verification (PPV). Section 2. Any retail establishment not meeting a ninety-eight (98) percent 

compliance rate of errors not in favor of the customer shall be assessed an administrative penalty of not 

less than $100 and not more than $500 per inspection based on the severity of the violation. Section 3. 

Incorporation by Reference. (1) "Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel 

Quality",2019, is incorporated by reference. (2) This material may be inspected, copied, or obtained, 

subject to applicable copyright law, at the office of the Department of Agriculture, Division of Regulation 

and Inspection, 107 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 

p.m. (29 Ky.R. 597; Am. 940; eff. 10-9-2002; 46 Ky.R. 626, 1112; eff. 10-7-2019.)