§328-6  Prohibited acts.  The following
acts and the causing thereof within the State by any person are prohibited:



(1)  The manufacture, sale, delivery, holding, or
offering for sale of any food, drug, device, or cosmetic that is adulterated or
misbranded;



(2)  The adulteration or misbranding of any food,
drug, device, or cosmetic;



(3)  The receipt in commerce of any food, drug,
device, or cosmetic that is adulterated or misbranded, and the delivery or
proffered delivery thereof for pay or otherwise;



(4)  The sale, delivery for sale, holding for sale, or
offering for sale of any article in violation of section 328-11, 328-12, or
328-17;



(5)  The dissemination of any false advertisement;



(6)  The refusal to permit entry or inspection, or to
permit the taking of a sample, as authorized by sections 328-22 and 328-23 to
328-27, or to permit access to or copying of any record as authorized by
section 328-23;



(7)  The giving of a guaranty or undertaking which
guaranty or undertaking is false, except by a person who relied on a guaranty
or undertaking to the same effect signed by, and containing the name and
address of the person residing in the State from whom the person received in
good faith the food, drug, device, or cosmetic;



(8)  The removal or disposal of a detained or
embargoed article in violation of sections 328-25 to 328-27;



(9)  The alteration, mutilation, destruction,
obliteration, or removal of the whole or any part of the labeling of, or the
doing of any other act with respect to a food, drug, device, or cosmetic, if
the act is done while the article is held for sale and results in the article
being adulterated or misbranded;



(10)  Forging, counterfeiting, simulating, or falsely
representing, or without proper authority using any mark, stamp, tag, label, or
other identification device authorized or required by rules adopted under this
part or regulations adopted under the Federal Act;



(11)  The use, on the labeling of any drug or in any
advertisement relating to the drug, of any representation or suggestion that an
application with respect to the drug is effective under section 328-17, or that
the drug complies with that section;



(12)  The use by any person to the person's own
advantage, or revealing other than to the department of health or to the courts
when relevant in any judicial proceeding under this part, any information
acquired under authority of section 328-11, 328-12, 328-17, or 328-23,
concerning any method or process which as a trade secret is entitled to
protection;



(13)  In the case of a prescription drug distributed or
offered for sale in this State, the failure of the manufacturer, packer, or
distributor thereof to maintain for transmittal, or to transmit, to any
practitioner who makes written request for information as to the drug, true and
correct copies of all printed matter which is required to be included in any
package in which that drug is distributed or sold, or such other printed matter
as is approved under the Federal Act.  Nothing in this paragraph shall be
construed to exempt any person from any labeling requirement imposed by or
under other provisions of this part;



(14) (A)  Placing or causing to be placed upon any
drug or device or container thereof, with intent to defraud, the trade name or
other identifying mark, or imprint of another or any likeness of any of the
foregoing; or



(B)  Selling, dispensing, disposing of, or
causing to be sold, dispensed, or disposed of, or concealing or keeping in
possession, control, or custody, with intent to sell, dispense, or dispose of,
any drug, device, or any container thereof, with knowledge that the trade name
or other identifying mark or imprint of another or any likeness of any of the
foregoing has been placed thereon in a manner prohibited by subparagraph (A);
or



(C)  Making, selling, disposing of, or causing
to be made, sold, or disposed of, or keeping in possession, control, or
custody, or concealing, with intent to defraud, any punch, die, plate, or other
thing designed to print, imprint, or reproduce that trade name or other identifying
mark or imprint of another or any likeness of any of the foregoing upon any
drug, device, or container thereof;



(15)  Except as provided in part VI and section 461-1,
dispensing or causing to be dispensed a different drug or brand of drug in
place of the drug or brand of drug ordered or prescribed without express
permission in each case of the person ordering or prescribing;



(16)  The distribution in commerce of a consumer
commodity as defined in this part, if such commodity is contained in a package,
or if there is affixed to that commodity a label, which does not conform to
this part and of rules adopted under authority of this part; provided that this
prohibition shall not apply to persons engaged in business as wholesale or
retail distributors of consumer commodities except to the extent that such
persons:



(A)  Are engaged in the packaging or labeling
of such commodities; or



(B)  Prescribe or specify by any means the
manner in which such commodities are packaged or labeled;



(17)  The selling or dispensing in restaurants, soda
fountains, drive-ins, lunch wagons, or similar public eating establishments of
imitation milk and imitation milk products in place of fresh milk and fresh
milk products respectively; of liquid or dry products which simulate cream but
do not comply with content requirements for cream in place of cream; of
non-dairy frozen desserts which do not comply with content requirements for
dairy frozen desserts in place of dairy frozen desserts; and of any other
imitation food or one made in semblance of a genuine food in place of such
genuine food, unless the consumer is notified by either proper labeling or
conspicuous posted signs or conspicuous notices on menu cards and
advertisements informing of such substitution, to include but not limited to
the substitution of imitation milk in milk shake and malted milk drinks;



(18)  Wilfully and falsely representing or using any
devices, substances, methods, or treatment as effective in the diagnosis, cure,
mitigation, treatment, or alleviation of cancer.  This paragraph shall not
apply to any person who depends exclusively upon prayer for healing in
accordance with teachings of a bona fide religious sect, denomination, or
organization, nor to a person who practices such teachings;



(19)  The selling or offering for sale at any food
facility which serves or sells over the counter directly to the consumer an
unlabeled or unpackaged food that is a confectionery which contains alcohol in
excess of one-half of one per cent by weight unless the consumer is notified of
that fact by either proper labeling or conspicuous posted signs or conspicuous
notices on menu cards and advertisements;



(20)  The sale to a person below the age of twenty-one
years of any food which is a confectionery which contains alcohol in excess of
one-half of one per cent by weight. [L 1941, c 318, §3; RL 1945, §2206; RL
1955, §51-6; am L 1959, c 24, §1; am L Sp 1959 2d, c 1, §19; am L 1967, c 152,
§3; HRS §328-6; am L 1972, c 151, §3; am L 1976, c 31, §1 and c 129, §1; am L
1980, c 187, §2; am L 1988, c 402, §1; am L 1989, c 108, §1; am L 1997, c 214,
§2; am L 2002, c 256, §3]