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



"Act" means the "Hawaii Meat
Inspection Act".



"Adulterated" shall apply to any
carcass, part thereof, meat or meat products under one or more of the following
circumstances:



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



(2)  (A)  If it bears or contains (by reason of
administration of any substance to the live animal or otherwise) any added
poisonous or added deleterious substance (other than one which is (i) a
pesticide 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 the
meat or meat products unfit for human consumption.



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



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



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



(3)  If it consists, in whole or in part, of any
filthy, 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 under
unsanitary conditions whereby it may have become contaminated with filth, or
whereby it may have been rendered injurious to health.



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



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



(7)  If it has been intentionally or unintentionally
subjected to radiation, unless the use of the radiation was in conformity with
a 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 or
in part omitted or abstracted therefrom; or if any substance has been
substituted, wholly or in part therefor; or if damage or inferiority has been
concealed in any manner; or if any substance has been added thereto or mixed or
packed therewith so as to increase its bulk or weight, or reduce its quality or
strength, or make it appear better or of greater value than it is.



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



"Board" means the board of
agriculture of the State.



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



"Certification" means the act of
applying the official certificate or official mark by persons performing
official functions under this chapter.



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



"Department" means the department of
agriculture of the State.



"Exotic animal" means any
cloven-hoofed ruminant animal considered feral in nature, other than domestic
cattle, sheep, goats, or equines.  For the purposes of this chapter, domestic
rabbits shall be considered exotic animals.



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



"Federal Meat Inspection Act" means
the Act so entitled, approved March 4, 1907 (34 Stat. 1260) as amended by
the Wholesome Meat Act of 1967 (81 Stat. 584), including any amendments
thereto.



"Inspector" means any meat inspector
of the State.



"Intrastate commerce" means commerce
within the State.



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



"Labeling" means all labels and other
written, printed, or graphic matter upon any meat or meat products or any of
its containers or wrappers, or accompanying the meat or meat products.



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



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



"Meat or meat products" means any
product capable of use as human food which is made wholly or in part from any
meat or other portions of the carcass of any cattle, sheep, swine, or goats,
excepting products which contain meat or other portions of the carcasses only
in a relatively small proportion or historically have not been considered by
consumers as products of the meat food industry, and which are exempted from
the definition as meat products by the board under the conditions as it may
prescribe to assure that the meat or other portions of the carcasses contained
in the products are not adulterated and that the products are not represented
as meat products.  This term as applied to food products of equines shall have
a meaning comparable to that provided in this definition with respect to
cattle, sheep, swine, and goats.



"Meat or meat products derived from exotic
animals" means any product capable of use as human food which is made
wholly or in part from any meat or other portions of the carcass of any exotic
animal, excepting products which contain meat or other portions of the
carcasses only in a relatively small proportion or historically have not been
considered by consumers as products of the meat food industry, and which are
exempted from the definition as meat products by the board under the conditions
as it may prescribe to assure that the meat or other portions of the carcasses
contained in the products are not adulterated and that the products are not
represented as meat products.



"Misbranded" shall apply to any
carcass, part thereof, meat or meat products under one or more of the following
circumstances:



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



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



(3)  If it is an imitation of another food, unless its
label 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 to
be misleading.



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



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



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



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



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



(A)  It conforms to the definition and
standard.



(B)  Its label bears the name of the food
specified in the definition and standard and, insofar as may be required by the
regulations, 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 food
for which a standard of fill of container has been prescribed by the board
under this chapter, and it falls below the standard of fill of container
applicable thereto, unless its label bears, in the manner and form as the board
prescribes, a statement that it falls below the standard.



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



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



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



(10)  If it purports to be or is represented for
special dietary uses, unless its label bears the information concerning its
vitamin, mineral, and other dietary properties as the board, after consultation
with the Secretary of Agriculture and concurrence by the department of health,
determines to be and prescribes as necessary in order fully to inform
purchasers 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 stating
that fact; provided that to the extent that compliance with this paragraph is
impracticable, exemptions shall be established by the board.



(12)  If it fails to bear, directly thereon or on its
container, as the board may prescribe, the inspection legend and, unrestricted
by any of the foregoing, other information as the board may require to assure
that it will not have false or misleading labeling and that the public will be
informed of the manner of handling required to maintain the meat or meat
products in a wholesome condition.



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



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



"Official inspection legend" means
any symbol prescribed by the board showing that meat or meat products were
inspected and passed in accordance with this chapter.



"Official mark" means the official
inspection legend or any other symbol prescribed by the board to identify the
status 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 persons
whether incorporated or not.



"Pesticide chemical", "food
additive", "color additive", and "raw agricultural
commodity" shall have the same meanings for purposes of this chapter as
under the Federal Food, Drug, and Cosmetic Act.



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



"Reinspection" means the
re-examination of meat and meat products previously inspected and the inspection
of meat and meat products during processing.



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



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



"State" means the State of Hawaii.



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



"Wholesaler" means any person who
buys or sells carcasses, parts of carcasses, meat or meat products of cattle,
sheep, swine, goats, horses, mules, other equines, or exotic animals in trade
channels other than retail.  For the purpose of this chapter, a wholesaler who
also 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, c
88, §1; am L 1993, c 248, §1; am L 1995, c 90, §1]



 



Cross References



 



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