§328-25  Director’s right to inspect,require recordkeeping, demand records, seize, and conduct hearings.  (a) The director of health or any of the director’s agents may in the performanceof their duties:

(1)  Enter at all reasonable hours into any creamery,factory, restaurant, store, salesroom, storage room, drug store, or laboratory,or any place where they have probable cause to believe that food, drugs,devices, cosmetics, or consumer commodity as defined by this part are made,prepared, sold, or kept, exhibited or offered for sale, and open any cask, tub,bottle, case, or package containing or supposed to contain any such food, drug,device, cosmetic, or consumer commodity, and examine or cause to be examinedthe contents thereof;

(2)  Adopt rules pursuant to chapter 91 requiring aperson to keep records relating to the manufacture, distribution, or sale offood, drugs, devices, cosmetics, or consumer commodity; and

(3)  Demand a person to provide records or copies ofrecords relating to the manufacture, distribution, or sale of food, drugs,devices, cosmetics, or consumer commodity which the director has probable causeto believe is adulterated or misbranded; provided that no confidentialinformation concerning secret processes or methods of manufacture securedpursuant to this section by any person who is an official or employee of thedepartment of health within the scope and course of the person’s employmentshall be disclosed by the person except as it relates directly to theadulteration or misbranding of a commodity, and then, only in connection withthe person’s official duties and within the scope and course of the person’semployment.  Any officer, employee or agent of the department acquiringconfidential information concerning secret processes or methods of manufacturewho divulges information except as authorized in this section or as ordered bya court or at an administrative hearing regarding an alleged adulteration ormisbranding or of any rule or regulation or standard adopted pursuant to thispart shall be guilty of a misdemeanor.

(b)  If any food, drug, device, cosmetic, orconsumer commodity is found to be adulterated or misbranded within the meaningof this part and the owner or person in charge thereof refuses to comply withthe instructions of the director or any of the director’s agents for the properdisposal thereof, the food, drug, device, cosmetic, or consumer commodity shallbe liable to seizure.  The director or any of the director’s agents shall affixto the article or articles a tag or other appropriate marking, giving noticethat the article is, or is suspected of, being adulterated or misbranded, andhas been detained or embargoed, and warning all persons not to remove ordispose of the article by sale or otherwise until permission for removal ordisposal is given by the director or any of the director’s agents or by thecourt or judge having jurisdiction over such matters.  Upon the request of thedirector or any of the director’s agents, made to such court, the court shallorder and direct that the food, drug, device, cosmetic, or consumer commoditybe seized and delivered into the custody of the court, and the same shall beheld in such custody until a hearing has been held to determine whether or notit is adulterated or misbranded. [L 1941, c 318, pt of §22; RL 1945, §2226; RL1955, §51-26; am L Sp 1959 2d, c 1, §19; HRS §328-25; am L 1972, c 151, §14; amL 1983, c 148, §1; am L 1984, c 12, §3; gen ch 1985]