§281-2  Excepted articles; penalty.  The
articles enumerated in this section shall not, after having been manufactured
and prepared for the market, be subject to this chapter if they correspond with
the following descriptions and limitations, namely:



(1)  Denatured alcohol or denatured rum produced and
used as provided by laws and regulations now or hereinafter in force;



(2)  Medicinal preparations manufactured in accordance
with formulas prescribed by The Pharmacopoeia of the United States of America
or The National Formulary that are unfit for use for beverage purposes;



(3)  Patented, patent and proprietary medicines that
are unfit for use for beverage purposes;



(4)  Toilet, medicinal, and antiseptic preparations
and solutions, that are unfit for use for beverage purposes;



(5)  Flavoring extracts and syrups that are unfit for
use as a beverage or for intoxicating beverage purposes;



(6)  Vinegar and preserved sweet cider;



(7)  A food which is a confectionery and contains
alcohol of five per cent or less by weight.



Any person who manufactures any of the articles
mentioned in this section may purchase and possess alcohol for that purpose,
but the person shall not sell, use, or dispose of any alcohol otherwise than as
an ingredient of the articles authorized to be manufactured therefrom.  No more
alcohol shall be used in the manufacture of any extract, syrup, or article
named in paragraphs (2), (3), and (4) of this section which may be used for
beverage purposes than the quantity necessary for extraction or solution of the
elements contained therein and for the preservation thereof.



Any person who knowingly sells any of the
articles mentioned in paragraphs (1), (2), (3), and (4) of this section for
beverage purposes or any extract or syrup for intoxicating beverage purposes or
who sells any of the same under circumstances from which the seller might
reasonably deduce the intention of the purchaser to use them for such purposes
shall be guilty of a misdemeanor and upon conviction thereof shall be punished
as provided in section 281-102.



Whenever it is believed that any article
mentioned in this section does not correspond with the descriptions and
limitations herein provided, the liquor commission or any inspector or any
prosecuting officer may cause an analysis thereof to be made, and if, upon such
analysis, it is found that the article does not so correspond, the person who
manufactures or sells the same may be prosecuted as a manufacturer or seller of
liquor contrary to this chapter. [L Sp 1933, c 40, §74; RL 1935, §2642; RL
1945, §7294; RL 1955, §159-2; HRS §281-2; am L 1972, c 177, §1; gen ch 1985; am
L 1988, c 402, §4]



 



Cross References



 



  Sale of confectionery with alcohol to minor, see §328-6.