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

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

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

(1)  The styles and sizes of type to be used withrespect to material required to be incorporated in labeling to avoid false ormisleading labeling of any meat or meat products or animals subject to thischapter.

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

(d)  No meat or meat products subject to thischapter 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 inany container of a misleading form or size, but established trade names and othermarking and labeling and containers which are not false or misleading and whichare approved by the board are permitted.

(e)  If the board has reason to believe thatany marking or labeling or the size or form of any container in use or proposedfor use with respect to any meat or meat products or other products subject tothis chapter is false or misleading in any particular, it may direct that theuse be withheld unless the marking, labeling, or container is modified in themanner as it may prescribe so that it will not be false or misleading.  If theperson using or proposing to use the marking, labeling or container does notaccept the determination of the board, the person may request a hearing beforethe board but the use of the marking, labeling, or container shall, if theboard directs, be withheld pending hearing and final determination by theboard.  Any determination by the board shall be conclusive unless, withinthirty days after receipt of notice of final determination, the person adverselyaffected thereby appeals to the circuit court.  The appeal shall be based onthe record upon which the determination was based. [L 1969, c 214, pt of §1]