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

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

(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 orproffered delivery thereof for pay or otherwise;

(4)  The sale, delivery for sale, holding for sale, oroffering for sale of any article in violation of section 328-11, 328-12, or328-17;

(5)  The dissemination of any false advertisement;

(6)  The refusal to permit entry or inspection, or topermit the taking of a sample, as authorized by sections 328-22 and 328-23 to328-27, or to permit access to or copying of any record as authorized bysection 328-23;

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

(8)  The removal or disposal of a detained orembargoed 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 thedoing of any other act with respect to a food, drug, device, or cosmetic, ifthe act is done while the article is held for sale and results in the articlebeing adulterated or misbranded;

(10)  Forging, counterfeiting, simulating, or falselyrepresenting, or without proper authority using any mark, stamp, tag, label, orother identification device authorized or required by rules adopted under thispart or regulations adopted under the Federal Act;

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

(12)  The use by any person to the person's ownadvantage, or revealing other than to the department of health or to the courtswhen relevant in any judicial proceeding under this part, any informationacquired 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 toprotection;

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

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

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

(C)  Making, selling, disposing of, or causingto be made, sold, or disposed of, or keeping in possession, control, orcustody, or concealing, with intent to defraud, any punch, die, plate, or otherthing designed to print, imprint, or reproduce that trade name or other identifyingmark or imprint of another or any likeness of any of the foregoing upon anydrug, 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 inplace of the drug or brand of drug ordered or prescribed without expresspermission in each case of the person ordering or prescribing;

(16)  The distribution in commerce of a consumercommodity 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 tothis part and of rules adopted under authority of this part; provided that thisprohibition shall not apply to persons engaged in business as wholesale orretail distributors of consumer commodities except to the extent that suchpersons:

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

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

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

(18)  Wilfully and falsely representing or using anydevices, substances, methods, or treatment as effective in the diagnosis, cure,mitigation, treatment, or alleviation of cancer.  This paragraph shall notapply to any person who depends exclusively upon prayer for healing inaccordance with teachings of a bona fide religious sect, denomination, ororganization, nor to a person who practices such teachings;

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

(20)  The sale to a person below the age of twenty-oneyears of any food which is a confectionery which contains alcohol in excess ofone-half of one per cent by weight. [L 1941, c 318, §3; RL 1945, §2206; RL1955, §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 L1980, 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]