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

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

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

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

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

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

(6)  Vinegar and preserved sweet cider;

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

Any person who manufactures any of the articlesmentioned 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 asan ingredient of the articles authorized to be manufactured therefrom.  No morealcohol shall be used in the manufacture of any extract, syrup, or articlenamed in paragraphs (2), (3), and (4) of this section which may be used forbeverage purposes than the quantity necessary for extraction or solution of theelements contained therein and for the preservation thereof.

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

Whenever it is believed that any articlementioned in this section does not correspond with the descriptions andlimitations herein provided, the liquor commission or any inspector or anyprosecuting officer may cause an analysis thereof to be made, and if, upon suchanalysis, it is found that the article does not so correspond, the person whomanufactures or sells the same may be prosecuted as a manufacturer or seller ofliquor contrary to this chapter. [L Sp 1933, c 40, §74; RL 1935, §2642; RL1945, §7294; RL 1955, §159-2; HRS §281-2; am L 1972, c 177, §1; gen ch 1985; amL 1988, c 402, §4]

 

Cross References

 

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