§161-47  Penalties; prosecution.  (a) Whenever any carcass, part of a carcass, poultry, or poultry product or anyproduct exempted from the definition of a poultry product is found by anyauthorized representative of the board upon any premises where it is held forpurposes of, or during or after distribution in, intrastate commerce and thereis reason to believe that any poultry or poultry product is adulterated ormisbranded and is capable of use as human food, or that it has not beeninspected in violation of this chapter or of the Poultry Products InspectionAct or chapter 328, or that the poultry or poultry product has been or isintended to be distributed in violation of any of those laws, it may bedetained by the representative for a period not to exceed twenty days, pendingaction or notification of any federal authorities having jurisdiction over thepoultry or poultry product, and shall not be moved by any person from the placeat which it is located when detained until released by the representative.  Allofficial marks may be required by the representative to be removed from thepoultry or poultry product before it is released unless it appears to thesatisfaction of the board that the poultry or poultry product is eligible toretain the marks.

(b)  Any carcass, part of a carcass, poultry,or poultry product, or any dead, dying, disabled, or diseased poultry that isbeing transported in intrastate 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 poultry or poultry product isfound.  If the poultry or poultry product is condemned, it shall, after entryof the decree, be disposed of by destruction or sale as the court may directand the proceeds, if sold, less the court costs and fees and storage and otherproper expenses, shall be paid into the general fund of the State, but thepoultry or poultry product shall not be sold contrary to this chapter or thePoultry Products 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 poultry or poultry product shallnot be sold or otherwise disposed of contrary to this chapter or the laws ofthe United States, the court may direct that the poultry or poultry product bedelivered to the owner thereof subject to supervision by authorizedrepresentatives of the board as is necessary to insure compliance with theapplicable laws.  When a decree of condemnation is entered against the poultryor poultry product and it is released under bond, or destroyed, court costs andfees and storage and other proper expenses shall be awarded against the person,if any, intervening as claimant of the poultry or poultry product.

(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 official duties under this chapter shall be guilty of a class Cfelony.

(e)  Any person who violates any provision ofthis chapter for which no other criminal penalty is provided by this chaptershall be guilty of a misdemeanor; but if the violation involves intent todefraud or any distribution or attempted distribution of poultry or poultryproduct that is adulterated, the person shall be guilty of a class C felony;provided that no person shall be subject to penalties under this section forreceiving for transportation any poultry or poultry product in violation ofthis chapter if the receipt was made in good faith, unless the person refusesto furnish on request of a representative of the board the name and address ofthe person from whom the poultry or poultry product was received and copies ofall documents, if there are any, pertaining to the delivery of the poultry orpoultry product.

(f)  Nothing in this chapter shall be construedas requiring the board to issue citations and summons or to report forprosecution or injunction proceedings for minor violations of this chapterwhenever it believes that the public interest will be adequately served by asuitable written notice of warning.  In determining whether the public interestwill be adequately served by a written notice of warning, the board shall takeinto account, among other factors:

(1)  The compliance history of the personsresponsible;

(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 212, §30; gen ch 1985; am L 1986, c 207, §3;am L 1993, c 92, §§11, 12]