§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 performance
of 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 examined
the contents thereof;



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



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



(b)  If any food, drug, device, cosmetic, or
consumer commodity is found to be adulterated or misbranded within the meaning
of this part and the owner or person in charge thereof refuses to comply with
the instructions of the director or any of the director’s agents for the proper
disposal thereof, the food, drug, device, cosmetic, or consumer commodity shall
be liable to seizure.  The director or any of the director’s agents shall affix
to the article or articles a tag or other appropriate marking, giving notice
that the article is, or is suspected of, being adulterated or misbranded, and
has been detained or embargoed, and warning all persons not to remove or
dispose of the article by sale or otherwise until permission for removal or
disposal is given by the director or any of the director’s agents or by the
court or judge having jurisdiction over such matters.  Upon the request of the
director or any of the director’s agents, made to such court, the court shall
order and direct that the food, drug, device, cosmetic, or consumer commodity
be seized and delivered into the custody of the court, and the same shall be
held in such custody until a hearing has been held to determine whether or not
it is adulterated or misbranded. [L 1941, c 318, pt of §22; RL 1945, §2226; RL
1955, §51-26; am L Sp 1959 2d, c 1, §19; HRS §328-25; am L 1972, c 151, §14; am
L 1983, c 148, §1; am L 1984, c 12, §3; gen ch 1985]