§328-2  Same; label, etc. "Label" means a display of written, printed, or graphic matter uponthe immediate container of any article; and a requirement made by or underauthority of this part that any word, statement, or other information appearson the label shall not be considered to be complied with unless the word,statement, or other information also appears on the outside container orwrapper, if any there be, of the retail package of the article, or is easilylegible through the outside container or wrapper.

"Immediate container" does notinclude package liners.

"Labeling" means all labels and otherwritten, printed, or graphic matter (1) upon an article or any of itscontainers or wrappers, or (2) accompanying the article.

"Package" means any container orwrapping in which any consumer commodity is enclosed for use in the delivery ordisplay of that consumer commodity to retail purchasers, but does not include(1) shipping containers or wrappings used solely for the transportation of anyconsumer commodity in bulk or in quantity to manufacturers, packers, orprocessors, or to wholesale or retail distributors thereof; (2) shippingcontainers or outer wrappings used by retailers to ship or deliver anycommodity to retail customers if such containers and wrappings bear no printedmatter pertaining to any particular commodity.

"Principal display panel" means thatpart, or those parts, of a package or label that is, or are, so designed as tomost likely be displayed, presented, shown or examined under normal andcustomary conditions of display and purchase.

Whenever the principal display panel of thepackage is not coincident with the principal display panel of the label, theprincipal display panel of the package shall govern the declaration of quantitytype size and the principal display panel of the label shall govern itslocation.

Whenever a difference of opinion exists as towhich panel of a package constitutes the principal display panel, the largerpanel most likely to be displayed shall be so construed.

Whenever a consumer package has more than oneprincipal display panel, each such panel shall bear all mandatory informationrequired by this part and by the Federal Act.

"Principal labeler" means themanufacturer, packer, or distributor whose name is on the package whichcontains the finished drug and is distributed to the dispenser.  If more thanone name is on the package, the principal labeler shall be the manufacturer,packer, or distributor whose name is on the package and who had possession ofthe package immediately before the dispenser of the drug. [L 1941, c 318, pt of§2; RL 1945, §2202; RL 1955, §51-2; HRS §328-2; am L 1972, c 151, pt of §2; amL 1977, c 58, §43; am L 1982, c 122, §1(2)]