§161-23  Labeling, marking, and branding. 
(a)  When any poultry or poultry products processed for intrastate commerce
which has been inspected as hereinbefore provided and marked "Hawaii
Inspected and Passed" is 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 processing 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 poultry or poultry 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 such poultry or poultry products have been sealed or
inclosed in said can, tin, pot, canvas, or other receptacle or covering under
the supervision of an inspector.



(b)  All carcasses, parts of carcasses, poultry
or poultry products inspected at any establishment under this chapter and found
to be not adulterated, 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 161-3.



(c)  The board, whenever it determines such
action is necessary for the protection of the public, may prescribe by rules: 
(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
poultry or poultry products subject to this chapter; (2) definitions and
standards of identity or composition for poultry or poultry products subject to
this chapter and standards of fill of container for such poultry or poultry
products not inconsistent with any standards established under the Federal
Food, Drug, and Cosmetic Act, or under the Poultry Products Inspection Act, and
there shall be consultation between the board and the United States Secretary
of Agriculture prior to the issuance of the standards to avoid inconsistency
between those standards and the federal standards.



(d)  No poultry or poultry product 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 poultry or poultry product or other products
subject to this chapter is false or misleading in any particular, it may direct
that use be withheld unless the marking, labeling, or container is modified in
such 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, such person may request a hearing before
the board but the use of the marking, labeling, or container shall, if the
board so directs, be withheld pending hearing and final determination by the
board.  Any such determination by the board shall be conclusive unless, within
thirty days after receipt of notice of a final determination, the person
adversely affected appeals to the circuit court.  The appeal shall be based on
the record upon which the determination was based. [L 1969, c 212, §15; am L
1993, c 92, §4]