§161-23  Labeling, marking, and branding. (a)  When any poultry or poultry products processed for intrastate commercewhich has been inspected as hereinbefore provided and marked "HawaiiInspected and Passed" is placed or packed in any can, pot, tin, canvas, orother receptacle or covering in any establishment where inspection under thischapter is maintained, the person processing the product shall cause a label tobe attached to the can, pot, tin, canvas, or other receptacle or covering,under supervision of an inspector, which label shall state that the contentsthereof have been "Hawaii Inspected and Passed" under this chapter,and no inspection and examination of poultry or poultry products deposited orinclosed in cans, tins, pots, canvas, or other receptacle or covering in anyestablishment where inspection under this chapter is maintained shall be deemedto be complete until such poultry or poultry products have been sealed orinclosed in said can, tin, pot, canvas, or other receptacle or covering underthe supervision of an inspector.

(b)  All carcasses, parts of carcasses, poultryor poultry products inspected at any establishment under this chapter and foundto be not adulterated, shall at the time they leave the establishment bear, indistinctly legible form, directly thereon or on their containers, as the boardmay require, the information required under the definition of the word"misbranded" in section 161-3.

(c)  The board, whenever it determines suchaction 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 requiredto be incorporated in labeling to avoid false or misleading labeling of anypoultry or poultry products subject to this chapter; (2) definitions andstandards of identity or composition for poultry or poultry products subject tothis chapter and standards of fill of container for such poultry or poultryproducts not inconsistent with any standards established under the FederalFood, Drug, and Cosmetic Act, or under the Poultry Products Inspection Act, andthere shall be consultation between the board and the United States Secretaryof Agriculture prior to the issuance of the standards to avoid inconsistencybetween those standards and the federal standards.

(d)  No poultry or poultry product subject tothis chapter shall be sold or offered for sale by any person in intrastatecommerce, under any name or other marking or labeling which is false ormisleading, or in any container of a misleading form or size, but establishedtrade names and other marking and labeling and containers which are not falseor misleading and which are 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 poultry or poultry product or other productssubject to this chapter is false or misleading in any particular, it may directthat use be withheld unless the marking, labeling, or container is modified insuch manner as it may prescribe so that it will not be false or misleading.  Ifthe person using or proposing to use the marking, labeling, or container doesnot accept the determination of the board, such person may request a hearing beforethe board but the use of the marking, labeling, or container shall, if theboard so directs, be withheld pending hearing and final determination by theboard.  Any such determination by the board shall be conclusive unless, withinthirty days after receipt of notice of a final determination, the personadversely affected appeals to the circuit court.  The appeal shall be based onthe record upon which the determination was based. [L 1969, c 212, §15; am L1993, c 92, §4]