§328-24  Furnishing of samples to director. 
(a)  If any person manufacturing, keeping for sale, exhibiting for sale, or
offering for sale any food, drug, device, or cosmetic included in this part
refuses to furnish the duly appointed director of health or any of the
director’s agents, upon demand, either personal or in writing, a sample
sufficient for the analysis of the food, drug, device, or cosmetic, which is in
the person’s possession, such refusal shall be prima facie evidence that the
food, drug, device, or cosmetic so manufactured, kept for sale, exhibited for
sale, or offered for sale is adulterated within the meaning of this part.



(b)  A sample of any product covered under this
section that is known to be or suspected of being contaminated shall be
furnished upon request to the director or any of the director’s agents at no
cost to the department.



The director or agent securing a sample under
this section from any retailer or wholesaler or any person other than the
manufacturer shall, prior to leaving the premises, provide the establishment
with a receipt describing the sample obtained.  The receipt may be used for
reimbursement from the appropriate supplier or manufacturer. [L 1941, c 318,
§21; RL 1945, §2225; RL 1955, §51-25; am L Sp 1959 2d, c 1, §19; HRS §328-24;
am L 1985, c 144, §2; gen ch 1985]