[§159-23]  Labeling, marking, and branding. 
(a)  When any meat or meat products prepared for intrastate commerce which has
been inspected and marked "Hawaii Inspected and Passed" shall be
placed or packed in any can, pot, tin, canvas, or other receptacle or covering
in any establishment where inspection under this chapter is maintained, the
person preparing the product shall cause a label to be attached to the can,
pot, tin, canvas, or other receptacle or covering, under supervision of an
inspector, which label shall state that the contents thereof have been
"Hawaii Inspected and Passed" under this chapter, and no inspection
and examination of meat or meat products deposited or inclosed in cans, tins,
pots, canvas, or other receptacle or covering in any establishment where
inspection under this chapter is maintained shall be deemed to be complete
until the meat or meat products have been sealed or inclosed in the can, tin,
pot, canvas, or other receptacle or covering under the supervision of an
inspector.



(b)  All carcasses, parts of carcasses, meat or
meat products inspected at any establishment under the authority of this
chapter and found to be unadulterated, shall at the time they leave the
establishment bear, in distinctly legible form directly thereon or on their
containers, as the board may require, the information required under the
definition of the word "misbranded" in section 159-3.



(c)  The board, whenever it determines that
action is necessary for the protection of the public, may prescribe:



(1)  The styles and sizes of type to be used with
respect to material required to be incorporated in labeling to avoid false or
misleading labeling of any meat or meat products or animals subject to this
chapter.



(2)  Definitions and standards of identity or
composition for meat or meat products subject to this chapter and standards of
fill of container for such meat or meat products not inconsistent with any such
standards established under the Hawaii or Federal Food, Drug, and Cosmetic Act,
or under the Federal Meat Inspection Act, and there shall be consultation
between the board and the Secretary of Agriculture prior to the issuance of the
standards to avoid inconsistency between the state standards and the federal
standards.



(d)  No meat or meat products subject to this
chapter shall be sold or offered for sale by any person in intrastate commerce,
under any name or other marking or labeling which is false or misleading, or in
any container of a misleading form or size, but established trade names and other
marking and labeling and containers which are not false or misleading and which
are approved by the board are permitted.



(e)  If the board has reason to believe that
any marking or labeling or the size or form of any container in use or proposed
for use with respect to any meat or meat products or other products subject to
this chapter is false or misleading in any particular, it may direct that the
use be withheld unless the marking, labeling, or container is modified in the
manner as it may prescribe so that it will not be false or misleading.  If the
person using or proposing to use the marking, labeling or container does not
accept the determination of the board, the person may request a hearing before
the board but the use of the marking, labeling, or container shall, if the
board directs, be withheld pending hearing and final determination by the
board.  Any determination by the board shall be conclusive unless, within
thirty days after receipt of notice of final determination, the person adversely
affected thereby appeals to the circuit court.  The appeal shall be based on
the record upon which the determination was based. [L 1969, c 214, pt of §1]