§328-4  Same; antiseptic, germicide; new
drug; contamination.  (a)  The representation of a drug, in its labeling,
or advertisement, as an antiseptic shall be considered to be a representation
that it is a germicide, except in the case of a drug purporting to be, or
represented as, an antiseptic for inhibitory use as a wet dressing, ointment,
dusting powder, or such other use as involves prolonged contact with the body.



(b)  "New drug" means (1) any drug
the composition of which is such that the drug is not generally recognized,
among experts qualified by scientific training and experience to evaluate the
safety and effectiveness of drugs, as safe and effective for use under the
conditions prescribed, recommended, or suggested in the labeling thereof; or (2)
any drug the composition of which is such that the drug, as a result of
investigations to determine its safety and effectiveness for use under such
conditions, has become so recognized, but which has not, otherwise than in such
investigations, been used to a material extent or for a material time under
such conditions.



(c)  "Contaminated with filth"
applies to any food, drug, device, or cosmetic not securely protected from
dust, dirt, and as far as may be necessary by all reasonable means, from all
foreign or injurious contaminations. [L 1941, c 318, pt of §2; RL 1945, §2204;
RL 1955, §51-4; am L 1967, c 152, §2; HRS §328-4]