Title 19, Health

§328-6 Prohibited acts. The following acts and the causing thereof within the State by any person are prohibited: (1) The manufacture, sale, delivery, holding, or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded; (2) The adulteration or m…

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: (1) (A) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but if the substance is not an added substance, the food shall not be considered adulter…

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: (1) Offer to the consumer an equivalent generic drug product or an interchangeable biolog…

§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]

§328C-1 Definitions. Whenever used in this chapter unless the context otherwise requires: "Charitable, religious, or nonprofit organization" means any organization which was organized and is operating in the State for charitable or religious purposes or to promote social welfare,…

§328C-2 Exceptions to liability. (a) A charitable, religious, or nonprofit organization which in good faith receives pharmaceuticals or health care supplies, apparently fit for human consumption or external use, and distributes them to needy persons at no charge, shall not be lia…

[§328C-3] Sale of donated pharmaceuticals or health care supplies, prohibited; fines. (a) No person or organization shall sell, or offer for sale, any pharmaceutical or health care supply donated or distributed under this chapter. (b) Any violation of this section is punishable b…

[§328C-4] Labeling of donated pharmaceuticals or health care supplies. Any charitable, religious, or nonprofit organization which receives and distributes donated pharmaceuticals or health care supplies pursuant to this chapter shall affix a label upon those items stating that th…

[§328C-5] Reserving the State's authority to regulate, inspect, or ban the use of donated pharmaceuticals or health care supplies. Nothing in this chapter is intended to restrict the authority of any state department to regulate, inspect, or ban the use of donated pharmaceuticals…

[§328D-1] Definitions. For the purposes of this chapter: "Approved laboratory" means a laboratory approved by the department or other government agency or agencies having jurisdiction or certified by the United States Environmental Protection Agency. "Approved source", when used …

[§328D-10] Injunctive relief. The director may institute a civil action in any court of competent jurisdiction for injunctive relief to prevent any violation of this chapter or any rule adopted to implement this chapter. The court shall have powers to grant relief in accordance w…

§328D-2 Product quality. (a) All bottled water shall be from an approved source and shall not contain any constituent in quantities that may be injurious to health, as established by rules adopted by the department or other government agency or agencies having jurisdiction. All b…

§328D-3 Manufacturing, operations; requirements. (a) All bottled water, including mineral water, shall be filtered and processed and packaged in accordance with the FDA good manufacturing practice regulations (GMPs) 21 C.F.R. Parts 110 and 129, and any other rules adopted by the …

[§328D-4] Source water monitoring. (a) The plant operator shall be responsible for sampling and analysis of all approved sources for the contaminants specified in section 328D-2 to assure that product water derived from approved sources continues to comply with section 328D-2. Su…

[§328D-5] Finished product monitoring. (a) To assure that bottled water complies with section 328D-2, the following product monitoring of representative samples derived from the bottled product shall be performed: (1) For microbiological contaminants specified in section 328D-2, …

[§328D-6] Labeling requirements. All bottled water shall conform to applicable federal and state labeling laws and be labeled in compliance with the following standards: (1) Mineral water may be labeled "mineral water". Bottled water to which minerals are added shall be labeled s…

[§328D-7] Exemption; soda water, soft drink. (a) Bottled soft drinks, soda, seltzer, or other products commonly recognized as soft drinks and labeled with a common or usual name other than one of those specified in section 328D-1 or food complying with 21 C.F.R. 165.175 are exemp…

[§328D-8] Rules. The director shall adopt rules pursuant to chapter 91 to implement this chapter. [L 1988, c 304, pt of §1]

[§328D-9] Administrative penalties. (a) Any person who violates this chapter or any rule adopted by the department pursuant to this chapter shall be fined not more than $10,000 for each separate offense. Any action taken to collect the penalty provided for in this subsection shal…

[§328E-1 Purpose.] The purpose of this chapter is to restrict the sale and use in the State of certain compounds which induce an intoxicated condition in the user. [L 1970, c 204, §1]

[§328E-2 Use prohibited.] No person shall breathe, inhale or drink any compound, liquid or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate,…

[§328E-3 Sale or delivery to person under eighteen.] No person shall knowingly sell or offer for sale, deliver or give to any person under 18 years of age, unless upon written order of such person's parent or guardian, any compound liquid or chemical containing toluol, hexane, tr…

[§328E-4 When not applicable.] This chapter shall not apply to any person who commits any act described herein pursuant to the direction or prescription of a practitioner, as defined in the "Hawaii Food, Drug and Cosmetic Act" (section 328-16). [L 1970, c 204, §4]

[§328E-5 Misdemeanor.] Whosoever violates any provision of this chapter shall be guilty of a misdemeanor. [L 1970, c 204, §5]

§328G-1 Definitions. [See Note at beginning of chapter.] As used in this chapter: "Applicant" means the person applying for a permit to operate as a hemp processor under this chapter. "Artificially derived cannabinoid" means a chemical substance that is created by a chemical reac…