§12A-2-314.

§12A-2-314.
   
   (1) Unless excluded or modified (Section 2-316), a warranty that the
   goods shall be merchantable is implied in a contract for their sale if
   the seller is a merchant with respect to goods of that kind. Under
   this section the serving for value of food or drink to be consumed
   either on the premises or elsewhere is a sale.
   
   (2) Goods to be merchantable must be at least such as
   
   (a) pass without objection in the trade under the contract
   description; and
   
   (b) in the case of fungible goods, are of fair average quality within
   the description; and
   
   (c) are fit for the ordinary purposes for which such goods are used;
   and
   
   (d) run, within the variations permitted by the agreement, of even
   kind, quality and quantity within each unit and among all units
   involved; and
   
   (e) are adequately contained, packaged, and labeled as the agreement
   may require; and
   
   (f) conform to the promises or affirmations of fact made on the
   container or label if any.
   
   (3) Unless excluded or modified (Section 2-316) other implied
   warranties may arise from course of dealing or usage of trade.