§328-25 Director's right to inspect, require recordkeeping, demand records, seize, and conduct hearings. (a) The director of health or any of the director's agents may in the performance of their duties:
(b) If any food, drug, device, cosmetic, or consumer commodity is found to be adulterated or misbranded within the meaning of this part and the owner or person in charge thereof refuses to comply with the instructions of the director or any of the director's agents for the proper disposal thereof, the food, drug, device, cosmetic, or consumer commodity shall be liable to seizure. The director or any of the director's agents shall affix to the article or articles a tag or other appropriate marking, giving notice that the article is, or is suspected of, being adulterated or misbranded, and has been detained or embargoed, and warning all persons not to remove or dispose of the article by sale or otherwise until permission for removal or disposal is given by the director or any of the director's agents or by the court or judge having jurisdiction over such matters. Upon the request of the director or any of the director's agents, made to such court, the court shall order and direct that the food, drug, device, cosmetic, or consumer commodity be seized and delivered into the custody of the court, and the same shall be held in such custody until a hearing has been held to determine whether or not it is adulterated or misbranded. [L 1941, c 318, pt of §22; RL 1945, §2226; RL 1955, §51-26; am L Sp 1959 2d, c 1, §19; HRS §328-25; am L 1972, c 151, §14; am L 1983, c 148, §1; am L 1984, c 12, §3; gen ch 1985]