Title 19, Health

§328-29 Penalty; exceptions. (a) Any person who violates section 328-6 shall be fined not more than $500, or imprisoned not more than one year, or both. (b) No person shall be subject to the penalties of subsection (a) of this section, for having violated section 328-6(1) or (3) …

§328-3 Same; misbranding or misleading advertisement. (a) If an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading,…

§328-30 Administrative penalties. (a) Any person who violates this part or any rule adopted by the department pursuant to this part shall be fined not more than $10,000 for each separate offense. Any action taken to collect the penalty provided for in this subsection shall be con…

[§328-31] Injunctive relief. The director may institute a civil action in any court of competent jurisdiction for injunctive relief to prevent any violation of this part or any rule adopted to implement this part. The court shall have powers to grant relief in accordance with the…

§328-4 Same; antiseptic, germicide; new drug; contamination. (a) The representation of a drug, in its labeling, or advertisement, as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be, or represented as, …

PART II. COLD STORAGE OF FOOD §328-41 Definitions. "Cold storage" as used in sections 328-41 to 328-48 means a place artificially cooled to a temperature of forty degrees Fahrenheit or below but does not include such a place in a private home, hotel, restaurant, or exclusively re…

§328-42 Department of health regulations. Every cold storage or refrigerating warehouse wherein are stored articles of food, shall be properly located, constructed, equipped for the business of cold storage, and kept in a sanitary condition as prescribed by the department of heal…

§328-43 Records, food to be marked. Every operator or storer shall keep an accurate record of the receipts and the withdrawals with reference to cold storage of all articles of food within the operator's possession and control. Every operator shall also keep an accurate record of…

§328-44 Bad food; bait. No storer or operator shall place in cold storage any article of food if diseased, tainted, or deteriorated so as to injure its keeping qualities or if not properly slaughtered, handled, and prepared for storage; provided that this section shall not apply …

§328-45 Length of storage time. No person having control as storer shall keep in cold storage any articles of food for a longer period than twelve calendar months, except with the consent of the department of health, as hereinafter provided. The department shall, upon application…

§328-46 Restorage prohibited. It shall be unlawful for any storer or operator to return to cold storage any article of food that has once been released from such storage and placed on the market for sale to consumers, but nothing in this section shall prevent the transfer of good…

§328-47 Cold stored goods to be labeled; sales of. It shall be unlawful to sell or to offer for sale uncooked articles of food, which have been cold stored without notifying persons purchasing, or intending to purchase, the same that they have been kept in cold storage by the dis…

§328-48 Penalty. Any person violating any of the provisions of sections 328-41 to 328-47 shall be fined not less than $10 nor more than $200 for each offense. [L 1925, c 194, §9; RL 1935, §1070; RL 1945, §2239; RL 1955, §51-47; HRS §328-48]

§328-49 What fish and when same may be put in cold storage for future sale. All catches of the following food fishes, such as weke, ahuluhulu, kumu, uhu, opelu, oama, manini, moi, amaama, papiopio, ulua, awa, akule, oio, nehu, maomao, iao, omaka, lauhau, laenihi, puhikii, akilolo…

§328-5 Same; "selling" includes what. The provisions of this part regarding the selling of food, drugs, devices, or cosmetics, include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale; the sale, dispensing, an…

§328-50 Fishing on commercial fishing vessels. Anything in the statute or rules and regulations to the contrary notwithstanding, fish caught and immediately placed on ice or otherwise adequately chilled on commercial fishing vessels may be sold upon their return to port. Any fish…

§328-51 Causing preventable deterioration of; penalty. Any person who by interference, intimidation, or carelessness, causes or permits preventable deterioration or waste in connection with the marketing of such fishes or their preservation, or who prevents or attempts to prevent…

§328-6 Prohibited acts. The following acts and the causing thereof within the State by any person are prohibited:

PART III. FROZEN FOOD PRODUCTS §328-61 Notifying consumer. No person shall sell or offer to sell any uncooked thawed food which substantially resembles the physical appearances of the fresh food without a label, as hereinafter described, notifying the purchaser that such food had…

§328-62 Description of label. "Label" means the information required in this part to be placed on any food products by means of a stamp, stencil, or printing by machine, or by attaching to the immediate package, by sign, handbill, placard, or otherwise, the words "PREVIOUSLY FROZ…

§328-63 Injunction. Any violations of this part may be enjoined or abated in a suit filed and prosecuted in the circuit court of the State by the department of health. [L 1967, c 206, pt of §1; HRS §328-63]

§328-64 Offense, penalty. Each day that this part is violated shall be a separate offense. Any person, firm, partnership, or corporation who violates this part shall be fined not more than $500. [L 1967, c 206, pt of §1; HRS §328-64]

§328-65 Administration and enforcement. The department of health shall administer and enforce this part. [L 1967, c 206, pt of §1; HRS §328-65]

[§328-66] Thawed food. The term "thawed food" means food previously frozen throughout at a temperature of, or below thirty-two degrees Fahrenheit. [L 1980, c 40, §1]

§328-7 Remedies for violation of law. In addition to the remedies hereinafter provided the department of health may apply to a circuit judge for and the judge shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any pe…

PART IV. ENRICHMENT OF BREAD AND FLOUR §328-71 Definitions. When used in sections 328-71 to 328-76, unless the context otherwise requires: "Department" means the department of health. "Enriched" as applied to flour means the addition to flour of the vitamins and other nutritional…

§328-72 Flour must be enriched. It shall be unlawful for any person to manufacture, mix, compound, sell, or offer for sale in this State for human consumption therein, any unenriched flour; provided that unenriched flour may be used in the manufacture of macaroni, cracker, soy sa…

§328-73 Bread, rolls, buns, standard for. It shall be unlawful for any person to manufacture, bake, sell, or offer for sale, in this State, for human consumption therein, any white bread or rolls unless the same conforms to the definition and standard of identity then in effect f…

§328-74 Flour, wrapped bread, rolls, standard for. It shall be unlawful to sell or offer for sale, in this State, for human consumption therein, any flour or wrapped white bread or rolls meeting the requirements of sections 328-72 and 328-73 which fail to conform to the labeling …

§328-75 Enforcement; suspension. (a) The department of health shall enforce sections 328-71 to 328-76 and shall have, in connection therewith, all the powers and duties conferred and imposed upon it by and pursuant to part I. (b) In the event of findings by the department that th…

§328-76 Penalty. Any person who violates any of the provisions of sections 328-71 to 328-75 or the orders, rules or regulations of the department of health under authority thereof, shall be fined not more than $500, or imprisoned not more than one hundred days, or both. [L 1945, …

[Part IVA. honey] §328-79 Home-based agricultural producer of honey; exemption. (a) A home-based agricultural producer of honey shall not be required to process honey in a certified honey house or food processing establishment, or be required to obtain a permit from the departmen…

§328-8 Regulations to be prescribed. (a) Whenever in the judgment of the department of health such action will promote honesty and fair dealing in the interest of consumers, the department shall prescribe regulations fixing and establishing for any food or class of food a reasona…

[§328-80] Home-based agricultural producer of honey; inspections. If the department receives a consumer complaint about a home-based agricultural producer of honey, the producer shall be subject to food sampling and subsequent inspection of its premises to determine if the produc…

§328-9 Foods deemed adulterated when. A food shall be deemed to be adulterated:

PART VI. DRUG PRODUCT SELECTION §328-91 Definitions. As used in this part: "Agent" means a person under the direct supervision of a pharmacist, acting in the pharmacist's presence. "Bioequivalents" means chemical equivalents which, when administered to the same individuals in the…

§328-92 Drug product and biological product selection. (a) When filling a prescription order for a drug prescribed by its brand name, a pharmacist or the pharmacist's authorized agent shall: The pharmacist shall substitute an equivalent generic drug product or an interchangeable …

§328-94 Prescription record. Each pharmacist or practitioner shall maintain a record of any substitution of an equivalent generic drug product or an interchangeable biological product for a prescribed brand name drug product as provided in this part. [L 1980, c 187, pt of §1; am …

§328-96 Hawaii list of equivalent generic drug products and interchangeable biological products. (a) The director may adopt rules, pursuant to chapter 91, to effectuate the purpose of this part. Without regard to chapter 91, the director may adopt as rules, and amend as necessary…

§328-97 Posting requirements. Every pharmacy shall prominently display, in clear and unobstructed public view, a sign in block letters that shall read: "HAWAII LAW REQUIRES THAT LESS EXPENSIVE GENERICALLY EQUIVALENT DRUG PRODUCTS AND INTERCHANGEABLE BIOLOGICAL PRODUCTS BE OFFERED…

§328-98 Pharmacist liability. A pharmacist who selects an equivalent generic drug product or an interchangeable biological product pursuant to this part assumes no greater liability for selecting the dispensed drug product than would be incurred in filling a prescription for a dr…

§328-99 Exceptions. Out-of-state prescriptions filled pursuant to section 328-17.6 shall be exempt from this part. [L 1980, c 187, pt of §1; am L 1987, c 283, §22; am L 1992, c 177, §2]