§161-3  Definitions.

"Adulterated" includes any poultry orpoultry product in one or more of the following circumstances:

(1)  It bears or contains any poisonous or deleterioussubstance which may render it injurious to health; provided that if the substanceis not an added substance, the poultry or poultry product shall not beconsidered adulterated if the quantity of the substance in or on the poultry orpoultry product does not ordinarily render it injurious to health.

(2)  (A)  It bears or contains by reason ofadministering any substance to the live poultry, including any added poisonousor added deleterious substance other than one which is (i) a pesticide chemicalin or on a raw agricultural commodity; (ii) a food additive; or (iii) a coloradditive, which may make the poultry or poultry product unfit for humanconsumption in the judgment of the board.

(B)  It is, in whole or in part, a rawagricultural commodity and the commodity bears or contains a pesticide chemicalwhich is unsafe under the Federal Food, Drug, and Cosmetic Act or chapter 328.

(C)  It bears or contains any food additivewhich is unsafe under the Federal Food, Drug, and Cosmetic Act or chapter 328.

(D)  It bears or contains any color additivewhich is unsafe under the Federal Food, Drug, and Cosmetic Act or chapter 328.

(E)  Poultry or poultry products which are notadulterated under (B), (C) or (D) shall nevertheless be deemed adulterated ifuse of the pesticide chemical, food additive, or color additive in or on thepoultry or poultry products is prohibited by the board in establishmentssubject to inspection under part IV.

(3)  It consists in whole or in part of any filthy,putrid, or decomposed substance or is for any other reason unsound,unhealthful, unwholesome, or unfit for human consumption.

(4)  It has been prepared, packed, or held underunsanitary conditions, whereby it may be contaminated with filth or whereby itmay be injurious to health.

(5)  It is, in whole or in part, a product of poultrythat has died other than by slaughter.

(6)  Its container is composed, in whole or in part,of any poisonous or deleterious substance that may render the contentsinjurious to health.

(7)  It has been intentionally or unintentionallysubjected to radiation unless the use of the radiation was in conformity withboth the Federal Food, Drug, and Cosmetic Act and chapter 328.

(8)  Any valuable constituent has been in whole or inpart omitted or abstracted from it; or any substance has been substitutedwholly or in part for it; or damage or inferiority has been concealed in anymanner; or any substance has been added or mixed into it or packed with it soas to increase its bulk or weight, or to reduce its quality or strength, or tomake it appear better or of greater value than it is.

"Board" means the board ofagriculture or its designated representative.

"Capable of use as human food" refersto any poultry carcass, poultry part, or poultry product unless it is denaturedor identified by rule to deter its use as human food, or unless it is naturallyinedible by humans.

"Commercial carrier" means any personowning, controlling, operating, or managing any vehicle, directly orindirectly, for public use in the transportation by land, water, or air ofgoods or passengers for compensation.

"Department" means the department ofagriculture.

"Federal Food, Drug, and CosmeticAct" means the federal Act so entitled, approved June 25, 1938 (Public Law75-675; 52 Stat. 1040; 21 U.S.C.A. section 301 et seq.), and all amendments tothat Act.

"Intrastate commerce" means commercewithin this State.

"Label" means a display of written,printed, or graphic matter upon the immediate container, not including packageliners, of any poultry or poultry product.

"Labeling" means all labels and otherwritten, printed, or graphic matter (1) upon any poultry or poultry product orany of its containers or wrappers, or (2) accompanying any poultry or poultryproduct.

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

"Misbranded" includes any poultry orpoultry product in one or more of the following circumstances:

(1)  Its labeling is false or misleading in anyparticular.

(2)  It is offered for sale under the name of anotherfood.

(3)  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)  Its container is made, formed, or filled as to bemisleading.

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

(A)  The name and place of business of themanufacturer, packer, or distributor; and

(B)  An accurate statement of the quantity ofthe contents in terms of weight, measure, or numerical count; provided that theboard may permit reasonable variations, and may prescribe exemptions for smallpackages.

(6)  Any word, statement, or other informationrequired by this chapter to appear on the label or other labeling is notprominently placed with adequate conspicuousness, as compared with other words,statements, designs, or devices, on the labeling, and in adequate terms to belikely to be read and understood by the ordinary individual under customaryconditions of purchase and use.

(7)  It purports to be or is represented as a food forwhich a definition and standard of identity or composition has been prescribedby the board under this chapter, unless (A) it conforms to that definition andstandard, and (B) its label bears the name of the food specified in thedefinition and standard, and bears the common names of optional ingredients, asmay be required, other than spices, flavoring, and coloring, present in thefood.

(8)  It purports to be or is represented as a food forwhich a standard or standards of fill of container have been prescribed by theboard under this chapter, and it falls below the applicable standard of fill ofcontainer, unless its label bears, in the manner and form that the boardprescribes, a statement that it falls below that standard.

(9)  It is not subject to item (7), unless its labelbears, (A) the common or usual name of the food, if any, and, (B) in case it isfabricated from two or more ingredients, the common or usual name of eachingredient, except that spices, flavorings, and colorings may, when authorizedby the board, be designated as spices, flavorings, and colorings without namingeach; provided that to the extent that compliance with this requirement isimpracticable, or results in deception or unfair competition, exemptions shallbe established by the board.

(10)  It purports to be or is represented for specialdietary uses, unless its label bears information concerning its vitamin,mineral, and other dietary properties that the board, after consultation withthe United States Secretary of Agriculture, determines to be and prescribes asnecessary, in order to fully inform purchasers as to its value for such uses.

(11)  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 requirement isimpracticable, exemptions shall be established by the board.

(12)  It fails to bear, directly on it 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 the labeling will not be false or misleading and that the public will beinformed of the manner of handling required to maintain the poultry or poultryproducts 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 deviceprescribed or authorized by the board for use in applying any official mark.

"Official inspection legend" meansany symbol prescribed by the board showing that poultry or poultry productswere inspected 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 poultry or poultry product under this chapter.

"Person" means any individual, firm,corporation, association, 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.

"Poultry" means any domesticated bird,whether live or dead.

"Poultry broker" means any personengaged in the business of buying or selling poultry or poultry products oncommission, or who otherwise negotiates the purchase, sale, or exchange ofpoultry or poultry products other than for the person's own account or as anemployee of another person, firm, or corporation.

"Poultry product" means any poultrycarcass or part thereof, or any food product which is made wholly or in partfrom any poultry carcass or part thereof, excepting products which containpoultry ingredients only in a relatively small proportion or historically havenot been considered by consumers as products of the poultry food industry, andwhich are exempted by the board from definition as poultry food product underconditions as the board may prescribe to assure that the poultry ingredients inthe products are not adulterated and that the products are not represented aspoultry products.

"Poultry Products Inspection Act"means the federal Act so entitled, approved August 28, 1957 (Public Law 85-172;71 Stat. 441; 21 U.S.C.A. section 451 et seq.), as amended by the WholesomePoultry Products Act (Public Law 90-492; 82 Stat. 791; 21 U.S.C.A. section 451et seq.), and all amendments to those Acts.

"Prepared" or "processed" includes,but is not limited to, slaughtered, canned, boned, salted, stuffed, rendered,cut up, or otherwise manufactured.

"Reinspection" means there-examination of poultry and poultry products previously inspected and theinspection of poultry and poultry products during processing.

"Renderer" means any person engagedin the business of rendering carcasses, parts, or products of the carcasses ofpoultry, except rendering conducted under inspection or exemption under thischapter.

"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 poultry or poultry products in trade channels other than retail. For the purpose of this chapter, a wholesaler who also has retail operationswill be deemed to be a wholesaler. [L 1969, c 212, §3; gen ch 1985; am L 1986,c 207, §2; am L 1993, c 92, §2; am L 1995, c 89, §1]