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

(b)  A sample of any product covered under thissection that is known to be or suspected of being contaminated shall befurnished upon request to the director or any of the director’s agents at nocost to the department.

The director or agent securing a sample underthis section from any retailer or wholesaler or any person other than themanufacturer shall, prior to leaving the premises, provide the establishmentwith a receipt describing the sample obtained.  The receipt may be used forreimbursement 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]