§159-52  Penalties; prosecution.  (a) Whenever any carcass, part of a carcass, or meat or meat product of cattle,sheep, swine, goats, horses, mules, or other equines or any product exemptedfrom the definition of a meat or meat product or any dead, dying, disabled, ordiseased cattle, sheep, swine, goat, or equine is found by any authorizedrepresentative of the board upon any premises where it is held for purposes of,or during or after distribution in, intrastate commerce and there is reason tobelieve that any meat or meat product is adulterated or misbranded and iscapable of use as human food, or that it has not been inspected in violation ofthis chapter, the Federal Meat Inspection Act, or the Hawaii or Federal Food,Drug, and Cosmetic Act, or that the meat or meat product or animal has been oris intended to be distributed in violation of any provisions, it may bedetained by the representative for a period not to exceed twenty days, pendingaction or notification of any federal authorities having jurisdiction over themeat or meat product or animal, and shall not be moved by any person from theplace at which it is located when detained unless released by therepresentative.  All official marks may be required by the representative to beremoved from the meat or meat product or animal before it is released unless itappears to the satisfaction of the board that the meat or meat product oranimal is eligible to retain the marks.

(b)  Any carcass, part of a carcass, or meat ormeat product of cattle, sheep, swine, goats, horses, mules, or other equines orany dead, dying, disabled, or diseased cattle, sheep, swine, goat, or equinethat is being transported in commerce or is held for sale in the State afterbeing so transported and that (1) is or has been prepared, sold, transported,or otherwise distributed or offered or received for distribution in violationof this chapter, or (2) is capable of use as human food and is adulterated ormisbranded, or (3) in any other way is in violation of this chapter, shall beliable to be proceeded against and seized and condemned, at any time, in anycourt within the jurisdiction of which the meat or meat product or animal isfound.  If the meat or meat product or animal is condemned, it shall, afterentry of the decree, be disposed of by destruction or sale as the court maydirect and the proceeds, if sold, less the court costs and fees and storage andother proper expenses, shall be paid into the general fund of the State, butthe meat or meat product or animal shall not be sold contrary to this chapter,the Federal Meat Inspection Act, or the Hawaii or Federal Food, Drug, andCosmetic Act; provided that upon the execution and delivery of a good andsufficient bond issued on the condition that the meat or meat product or animalshall not be sold or otherwise disposed of contrary to this chapter or the lawsof the United States, the court may direct that the meat or meat product oranimal be delivered to the owner thereof subject to supervision by authorizedrepresentatives of the board as is necessary to ensure compliance with theapplicable laws.  When a decree of condemnation is entered against the meat ormeat product or animal and it is released under bond, or destroyed, court costsand fees and storage and other proper expenses shall be awarded against theperson, if any, intervening as claimant of the meat or meat product or animal.

(c)  The circuit courts of the State are vestedwith jurisdiction specifically to enforce and to prevent and restrainviolations of this chapter and shall have jurisdiction in all other kinds ofcases arising under this chapter; provided that the district courts of theState shall have jurisdiction over misdemeanors committed under this chapter.

(d)  Any person who forcibly assaults, resists,opposes, impedes, intimidates, or interferes with any person engaged in theperformance of, or on account of, official duties under this chapter shall befined not more than $5,000 or imprisoned not more than five years, or both.

(e)  Any person who violates any provision ofthis chapter for which no other criminal penalty is provided by this chaptershall be fined not more than $1,000 or imprisoned not more than one year, orboth, but if the violation involves intent to defraud or any distribution orattempted distribution of meat or meat product that is adulterated, the personshall be fined not more than $10,000 or imprisoned for not more than fiveyears, or both; provided that no person shall be subject to penalties underthis section for receiving for transportation any meat or meat product oranimal in violation of this chapter if the receipt was made in good faith,unless the person refuses to furnish on request of a representative of theboard the name and address of the person from whom the meat or meat product oranimal was received and copies of all documents, if any there be, pertaining tothe delivery of the meat or meat product or animal.

(f)  Nothing in this chapter shall be construedas requiring the board to issue citations and summons or to report forprosecution or injunction proceedings minor violations of this chapter wheneverit believes that the public interest will be adequately served by a suitablewritten notice of warning.  In determining whether the public interest will beadequately served by a written notice of warning, the board shall take intoaccount, among other factors:

(1)  The compliance history of those persons;

(2)  The magnitude of the violation;

(3)  Whether compliance with this chapter would likelyresult from that notice; and

(4)  Whether the violation is of a minor or technicalnature.

(g)  Any person who neglects or refuses toattend and testify or to answer any lawful inquiry or to produce documentaryevidence, if in that person's power to do so in obedience to the subpoena orlawful requirement of the board, shall be guilty of an offense and, uponconviction thereof by a court of competent jurisdiction, shall be fined notmore than $1,000 or imprisoned not more than one year, or both.

(h)  Any person who wilfully makes, or causesto be made, any false entry or statement of fact in any report required to bemade under this chapter, or who wilfully makes, or causes to be made, any falseentry in any account, record, or memorandum kept by any person subject to thischapter, or wilfully neglects or fails to make, or causes not to be made, full,true, and correct entries in the accounts, records, or memoranda of all factsand transactions appertaining to the business of the person, or wilfullyremoves out of the jurisdiction of the State, or wilfully mutilates, alters, orby any other means falsifies any documentary evidence of any person, orwilfully refuses to submit to the board or to any of its authorized agents, forthe purpose of inspection and taking copies, any documentary evidence of anyperson in the person's possession or within the person's control, shall befined not more than $1,000 or imprisoned not more than one year, or both.

(i)  If any person required by this chapter tofile any annual or special report fails to do so within the time fixed by theboard and the failure continues for thirty days after notice of default, thatperson shall forfeit to the State the sum of $100 for each day of thecontinuance of the failure, which forfeiture shall be payable into the stategeneral fund and shall be recoverable in a civil suit in the name of the Statebrought in the county where the person's principal office is located or in anycounty in which the person does business.  It shall be the duty of the countyattorneys or corporation counsel of the respective counties within the State,upon request of the attorney general, to prosecute for the recovery of theforfeitures.

(j)  Any officer or employee of the State whomakes public any confidential information obtained by the board, unlessdirected by a court, shall be fined not more than $1,000 or imprisoned not morethan one year, or both. [L 1969, c 214, pt of §1; gen ch 1985; am L 1986, c206, §3; am L 1990, c 139, §§14, 15; am L 1991, c 88, §1]

 

Cross References

 

  Classification of offenses and authorized punishment, see§§701-107, 706-610(2), 640, 660, 663.