§328-23 - Inspection powers of director.
§328-23 Inspection powers of director. The director of health or any of the director’s agents are authorized uponpresenting appropriate credentials to the owner, operator or agent in charge,(1) to enter at all reasonable hours any factory, warehouse, or establishmentin which food, drugs, devices, or cosmetics are manufactured, processed,packed, or held for introduction into commerce, or after such introduction, orto enter any vehicle being used to transport or hold such food, drugs, devices,or cosmetics in commerce; (2) to inspect at reasonable times and withinreasonable limits and in a reasonable manner such factory, warehouse,establishment, or vehicle and all pertinent equipment, finished and unfinishedmaterials, containers and labeling therein to determine if this part is beingviolated; (3) to have access to and to copy all records of carriers in commerceshowing the movement in commerce of any food, drug, device, or cosmetic, or theholding thereof during or after such movement, and the quantity, shipper andconsignee thereof; provided that evidence obtained under this subsection shallnot be used in a criminal prosecution of the person from whom obtained; andprovided further that carriers shall not be subject to the other provisions ofthis part by reason of their receipt, carriage, holding, or delivery of food,drugs, devices, or cosmetics in the usual course of business as carriers; and(4) to secure samples or specimens of any food, drug, device, or cosmetic afterpaying or offering to pay for the sample. The director shall make or cause tobe made examinations of samples secured under this section to determine whetheror not this part is being violated. [L 1941, c 318, §20; RL 1945, §2224; RL1955, §51-24; am L Sp 1959 2d, c 1, §19; HRS §328-23; am L 1972, c 151, §13;gen ch 1985]
Rules of Court
 Injunctions, see HRCP rule 65.