§328-10  Foods deemed misbranded when. 
A food shall be deemed to be misbranded:



(1)  If its labeling is false or misleading in any
particular; or if its labeling or packaging fails to conform with the
requirements of sections 328-2 and 328-19.1;



(2)  If it is offered for sale under the name of
another food;



(3)  If it is an imitation of another food for which a
definition and standard of identity has been prescribed by rules as provided by
section 328-8; or if it is an imitation of another food that is not subject to
paragraph (7), unless its label bears in type of uniform size and prominence,
the word "imitation" and, immediately thereafter, the name of the
food imitated;



(4)  If its container is so made, formed, or filled as
to be misleading;



(5)  If in package form, unless it bears a label
containing (A) the name and place of business of the manufacturer, packer, or
distributor; (B) an accurate statement of the quantity of the contents in terms
of weight, measure, or numerical count, which statement shall be separately and
accurately stated in a uniform location upon the principal display panel of the
label; provided that under subparagraph (B) reasonable variations shall be
permitted, and exemptions as to small packages shall be established, by rules adopted
by the department of health;



(6)  If any word, statement, or other information
required by or under authority of this part to appear on the label or labeling
is not prominently placed thereon with such conspicuousness (as compared with
other words, statements, designs, or devices, in the labeling) and in such
terms as to render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use;



(7)  If it purports to be or is represented as a food
for which a definition and standard of identity have been prescribed by rules
as provided by section 328-8, unless (A) it conforms to such definition and
standard, and (B) its label bears the name of the food specified in the
definition and standards, and, insofar as may be required by the rules, the
common names of optional ingredients (other than spices, flavoring, and
coloring) present in the food;



(8)  If it purports to be or is represented as:



(A)  A food for which a standard of quality has
been prescribed by rules as provided by section 328-8 and its quality falls
below such standard unless its label bears, in such manner and form as the
rules specify, a statement that it falls below such standard; or



(B)  A food for which a standard or standards
of fill of container have been prescribed by rules as provided by section
328-8, and it falls below the standard of fill of container applicable thereto,
unless its label bears, in such manner and form as the rules specify, a
statement that it falls below such standard;



(9)  If it is not subject to paragraph (7), unless its
label bears (A) the common or usual name of the food, if any there be, and (B)
in case it is fabricated from two or more ingredients, the common or usual name
of each such ingredient; except that spices, flavorings, and colorings, other
than those sold as such, may be designated as spices, flavorings, and
colorings, without naming each; provided that to the extent that compliance
with the requirements of subparagraph (B) is impractical or results in deception
or unfair competition, exemptions shall be established by rules prescribed by
the department; and, provided further that the requirements of subparagraph (B)
shall not apply to food products which are packaged at the direction of
purchasers at retail at the time of sale, the ingredients of which are
disclosed to the purchasers by other means in accordance with rules prescribed
by the department;



(10)  If it purports to be or is represented for
special dietary uses, unless its label bears such information concerning its
vitamin, mineral, and other dietary properties as the department determines to
be, and by rules prescribes, as necessary in order to fully inform purchasers
as to its value for such uses;



(11)  If it bears or contains any artificial flavoring,
artificial coloring, or chemical preservative, unless it bears labeling stating
that fact; provided that to the extent that compliance with the requirements of
this paragraph is impracticable, exemptions shall be established by rules
prescribed by the department; and, provided further that this paragraph and
paragraphs (7) and (9) with respect to artificial coloring shall not apply in
the case of butter, cheese, or ice cream.  The provisions of this paragraph
regarding chemical preservatives shall not apply to a pesticide chemical when
used in or on a raw agricultural commodity which is the produce of the soil;



(12)  If it is a product intended as an ingredient of
another food and, when used according to the directions of the purveyor, will
result in the final food product being adulterated or misbranded;



(13)  If it is a color additive unless its packaging
and labeling are in conformity with the packaging and labeling requirements
applicable to the color additive prescribed under the Federal Act;



(14)  If it is a raw agricultural commodity which is
the produce of the soil, bearing or containing a pesticide chemical applied
after harvest, unless the shipping container of such commodity bears labeling
which declares the presence of such chemical in or on such commodity and the
common or usual name and the function of such chemical; provided that no such
declaration shall be required while such commodity, having been removed from
the shipping container, is being held or displayed for sale at retail out of
such container in accordance with the custom of the trade;



(15)  If it is a confectionery and contains alcohol in
excess of one-half of one per cent by weight and that fact does not appear on
the label for the food. [L 1941, c 318, §7; RL 1945, §2210; RL 1955, §51-10; am
L Sp 1959 2d, c 1, §19; am L 1967, c 152, §5; HRS §328-10; am L 1972, c 151,
§5; am L 1979, c 105, §34; am L 1987, c 52, §1; am L 1988, c 402, §3]



 



Attorney General Opinions



 



  Sale of "Grade AA Pasteurized Milk" as "Grade
A Recombined Milk" constitutes misbranding. Att. Gen. Op. 67-19.