§159-3  Definitions.  As used in thischapter unless the context otherwise requires:

"Act" means the "Hawaii MeatInspection Act".

"Adulterated" shall apply to anycarcass, part thereof, meat or meat products under one or more of the followingcircumstances:

(1)  If it bears or contains any poisonous ordeleterious substance which may render it injurious to health; but in case thesubstance is not an added substance, the meat or meat products shall not beconsidered adulterated under this paragraph if the quantity of the substance inor on the meat or meat products does not ordinarily render it injurious tohealth.

(2)  (A)  If it bears or contains (by reason ofadministration of any substance to the live animal or otherwise) any addedpoisonous or added deleterious substance (other than one which is (i) apesticide chemical in or on a raw agricultural commodity; (ii) a food additive;or (iii) a color additive) which, in the judgment of the board, may make themeat or meat products unfit for human consumption.

(B)  If it is, in whole or in part, a rawagricultural commodity and the commodity bears or contains a pesticide chemicalwhich is unsafe within the meaning of the Hawaii Food, Drug, and Cosmetic Actor section 408 of the Federal Food, Drug, and Cosmetic Act.

(C)  If it bears or contains any food additivewhich is unsafe within the meaning of the Hawaii Food, Drug, and Cosmetic Actor section 409 of the Federal Food, Drug, and Cosmetic Act.

(D)  If it bears or contains any color additivewhich is unsafe within the meaning of the Hawaii Food, Drug, and Cosmetic Actor section 706 of the Federal Food, Drug, and Cosmetic Act, provided that meator meat products which are unadulterated under subparagraphs (B), (C), or (D)shall nevertheless be deemed adulterated if use of the pesticide chemical, foodadditive, or color additive in or on the meat or meat products is prohibited byrules of the board in establishments at which inspection is maintained underpart IV.

(3)  If it consists, in whole or in part, of anyfilthy, putrid, or decomposed substance or is for any other reason unsound,unhealthful, unwholesome, or otherwise unfit for human food.

(4)  If it has been prepared, packed, or held underunsanitary conditions whereby it may have become contaminated with filth, orwhereby it may have been rendered injurious to health.

(5)  If it is, in whole or in part, the product of ananimal which had died otherwise than by slaughter.

(6)  If its container is composed, in whole or inpart, of any poisonous or deleterious substance which may render the contentsinjurious to health.

(7)  If it has been intentionally or unintentionallysubjected to radiation, unless the use of the radiation was in conformity witha rule, regulation, or exemption in effect pursuant to the Hawaii Food, Drug,and Cosmetic Act or section 409 of the Federal Food, Drug, and Cosmetic Act.

(8)  If any valuable constituent has been in whole orin part omitted or abstracted therefrom; or if any substance has beensubstituted, wholly or in part therefor; or if damage or inferiority has beenconcealed in any manner; or if any substance has been added thereto or mixed orpacked therewith so as to increase its bulk or weight, or reduce its quality orstrength, or make it appear better or of greater value than it is.

(9)  If it is margarine containing animal fat and anyof the raw material used therein consisted in whole or in part of any filthy,putrid, or decomposed substance.

"Board" means the board ofagriculture of the State.

"Capable of use as human food" shallapply to any carcass, or part or product of a carcass, of any animal, unless itis denatured or otherwise identified as required by regulations prescribed bythe board to deter its use as human food, or it is naturally inedible by humans.

"Certification" means the act ofapplying the official certificate or official mark by persons performingofficial functions under this chapter.

"Commercial carrier" means any personowning, controlling, operating, or managing any vehicle, directly or indirectly,for public use in the transportation of goods or passengers for compensationover land or water, or by air.

"Department" means the department ofagriculture of the State.

"Exotic animal" means anycloven-hoofed ruminant animal considered feral in nature, other than domesticcattle, sheep, goats, or equines.  For the purposes of this chapter, domesticrabbits shall be considered exotic animals.

"Federal Food, Drug, and CosmeticAct" means the Act so entitled, approved June 25, 1938 (52 Stat. 1040),including any amendments thereto.

"Federal Meat Inspection Act" meansthe Act so entitled, approved March 4, 1907 (34 Stat. 1260) as amended bythe Wholesome Meat Act of 1967 (81 Stat. 584), including any amendmentsthereto.

"Inspector" means any meat inspectorof the State.

"Intrastate commerce" means commercewithin the State.

"Label" means a display of written,printed, or graphic matter upon the immediate container (not including packageliners) of any meat or meat products, or other products.

"Labeling" means all labels and otherwritten, printed, or graphic matter upon any meat or meat products or any ofits containers or wrappers, or accompanying the meat or meat products.

"Licensee" means a person issued alicense under part III of this chapter.

"Meat broker" means any person whosells or offers to sell, or buys or offers to buy, carcasses, parts ofcarcasses, meat or meat products of cattle, sheep, swine, goats, horses, mules,other equines, or exotic animals on commission or who otherwise negotiates thepurchase, sale, or exchange of the meat or meat products other than for theperson's own account or as an employee of another person.

"Meat or meat products" means anyproduct capable of use as human food which is made wholly or in part from anymeat or other portions of the carcass of any cattle, sheep, swine, or goats,excepting products which contain meat or other portions of the carcasses onlyin a relatively small proportion or historically have not been considered byconsumers as products of the meat food industry, and which are exempted fromthe definition as meat products by the board under the conditions as it mayprescribe to assure that the meat or other portions of the carcasses containedin the products are not adulterated and that the products are not representedas meat products.  This term as applied to food products of equines shall havea meaning comparable to that provided in this definition with respect tocattle, sheep, swine, and goats.

"Meat or meat products derived from exoticanimals" means any product capable of use as human food which is madewholly or in part from any meat or other portions of the carcass of any exoticanimal, excepting products which contain meat or other portions of thecarcasses only in a relatively small proportion or historically have not beenconsidered by consumers as products of the meat food industry, and which areexempted from the definition as meat products by the board under the conditionsas it may prescribe to assure that the meat or other portions of the carcassescontained in the products are not adulterated and that the products are notrepresented as meat products.

"Misbranded" shall apply to anycarcass, part thereof, meat or meat products under one or more of the followingcircumstances:

(1)  If its labeling is false or misleading in anyparticular.

(2)  If it is offered for sale under the name ofanother food.

(3)  If it is an imitation of another food, unless itslabel bears, in type of uniform size and prominence, the word "imitation"and immediately thereafter, the name of the food imitated.

(4)  If its container is made, formed, or filled as tobe misleading.

(5)  If in a package or other container unless itbears a label showing:

(A)  The name and place of business of the manufacturer,packer, or distributor.

(B)  An accurate statement of the quantity ofthe contents in terms of weight, measure, or numerical count; provided thatreasonable variations may be permitted and exemptions as to small packages maybe prescribed by the board.

(6)  If any word, statement, or other informationrequired by or under authority of this chapter to appear on the label or otherlabeling is not prominently placed thereon with the conspicuousness as comparedwith other words, statements, designs, or devices, in the labeling and in theterms as to render it likely to be read and understood by the ordinaryindividual under customary conditions of purchase and use.

(7)  If it purports to be or is represented as a foodfor which a definition and standard of identity or composition has beenprescribed by the board under this chapter unless:

(A)  It conforms to the definition andstandard.

(B)  Its label bears the name of the foodspecified in the definition and standard and, insofar as may be required by theregulations, the common names of optional ingredients (other than spices,flavoring, and coloring) present in the food.

(8)  If it purports to be or is represented as a foodfor which a standard of fill of container has been prescribed by the boardunder this chapter, and it falls below the standard of fill of containerapplicable thereto, unless its label bears, in the manner and form as the boardprescribes, a statement that it falls below the standard.

(9)  If it is not subject to paragraph (7), unless itslabel bears:

(A)  The common or usual name of the food, ifany there be.

(B)  In case it is fabricated from two or moreingredients, the common or usual name of each ingredient; except that spices,flavorings, and colorings may with the approval of the board be designated asspices, flavorings, and colorings without naming each; provided that to theextent that compliance with the requirements of this subparagraph isimpracticable, or results in deception or unfair competition, exemptions shallbe established by the board.

(10)  If it purports to be or is represented forspecial dietary uses, unless its label bears the information concerning itsvitamin, mineral, and other dietary properties as the board, after consultationwith the Secretary of Agriculture and concurrence by the department of health,determines to be and prescribes as necessary in order fully to informpurchasers as to its value for the uses.

(11)  If it bears or contains any artificial flavoring,artificial coloring, or chemical preservative, unless it bears labeling statingthat fact; provided that to the extent that compliance with this paragraph isimpracticable, exemptions shall be established by the board.

(12)  If it fails to bear, directly thereon or on itscontainer, as the board may prescribe, the inspection legend and, unrestrictedby any of the foregoing, other information as the board may require to assurethat it will not have false or misleading labeling and that the public will beinformed of the manner of handling required to maintain the meat or meatproducts in a wholesome condition.

"Official certificate" means anycertificate prescribed by the board for issuance by veterinarians, inspectors,or other persons performing official functions under this chapter.

"Official device" means any devicedescribed or authorized by the board for use in applying any official mark.

"Official inspection legend" meansany symbol prescribed by the board showing that meat or meat products wereinspected and passed in accordance with this chapter.

"Official mark" means the officialinspection legend or any other symbol prescribed by the board to identify thestatus of any meat or meat products or animal under this chapter.

"Person" means any individual, firm,corporation, association, or partnership, or any organized group of personswhether incorporated or not.

"Pesticide chemical", "foodadditive", "color additive", and "raw agriculturalcommodity" shall have the same meanings for purposes of this chapter asunder the Federal Food, Drug, and Cosmetic Act.

"Prepared" or "processed"means slaughtered, canned, salted, rendered, boned, cut up, or otherwisemanufactured or processed.

"Reinspection" means there-examination of meat and meat products previously inspected and the inspectionof meat and meat products during processing.

"Renderer" means any person engagedin the business of rendering carcasses, or parts or products of the carcasses,of cattle, sheep, swine, goats, horses, mules, other equines, or exoticanimals, except rendering conducted under inspection under part IV.

"Secretary of Agriculture" means theSecretary of Agriculture of the United States.

"State" means the State of Hawaii.

"Veterinarian" means the stateveterinarian or any of the veterinarian's duly authorized representatives.

"Wholesaler" means any person whobuys or sells carcasses, parts of carcasses, meat or meat products of cattle,sheep, swine, goats, horses, mules, other equines, or exotic animals in tradechannels other than retail.  For the purpose of this chapter, a wholesaler whoalso has retail operations will be deemed to be a wholesaler. [L 1969, c 214,pt of §1; gen ch 1985; am L 1986, c 206, §2; am L 1990, c 139, §2; am L 1991, c88, §1; am L 1993, c 248, §1; am L 1995, c 90, §1]

 

Cross References

 

  Hawaii Food, Drug, and Cosmetic Act, see chapter 328.