§328-9  Foods deemed adulterated when. A food shall be deemed to be adulterated:

(1)  (A)  If it bears or contains any poisonous ordeleterious substance which may render it injurious to health; but if thesubstance is not an added substance, the food shall not be consideredadulterated under this clause if the quantity of the substance in the food doesnot ordinarily render it injurious to health; or

(B)  (i)  If it bears or contains any addedpoisonous or added deleterious substance, other than one which is a pesticidechemical in or on a raw agricultural commodity; a food additive; or a coloradditive, which is unsafe within the meaning of section 328-13(a); or

(ii)  If it is a raw agricultural commodity andit bears or contains a pesticide chemical which is unsafe within the meaning ofsection 408(a) of the Federal Act as amended; or

(iii)  If it is or it bears or contains any foodadditive which is unsafe within the meaning of section 409 of the Federal Actas amended;

provided that where a pesticide chemicalhas been used in or on a raw agricultural commodity in conformity with anexemption granted or tolerance prescribed under section 408 of the Federal Act,and the raw agricultural commodity has been subjected to processing such ascanning, cooking, freezing, dehydrating, or milling, the residue of suchpesticide chemical remaining in or on such processed food, notwithstandingsection 328-13 and clause (iii) of this paragraph (1), shall not be deemedunsafe if the residue in or on the raw agricultural commodity has been removedto the extent possible in good manufacturing practice, and the concentration ofsuch residue in the processed food when ready-to-eat, is not greater than thetolerance prescribed for the raw agricultural commodity; or

(C)  If it consists in whole or in part of adiseased, contaminated, filthy, putrid, or decomposed substance, or if it isotherwise unfit for food; or

(D)  If it has been produced, prepared, packed,or held under insanitary conditions whereby it may have become contaminatedwith filth, or whereby it may have been rendered diseased, unwholesome, orinjurious to health; or

(E)  If it is the product of a diseased animalor an animal which has died otherwise than by slaughter, or that has been fedupon the uncooked offal from a slaughterhouse; or

(F)  If its container is composed, in whole orin part, of any poisonous or deleterious substance which may render thecontents injurious to health;

(2)  (A)  If any valuable constituent has been inwhole or in part omitted or abstracted therefrom; or

(B)  If any substance has been substitutedwholly or in part therefor; or

(C)  If damage or inferiority has beenconcealed in any manner; or

(D)  If any substance has been added thereto ormixed or packed therewith so as to increase its bulk or weight, or reduce itsquality or strength or make it appear better or of greater value than it is;

(3)  If it is confectionery and:

(A)  Has partially or completely embeddedtherein any nonnutritive object; provided that this clause shall not apply inthe case of any nonnutritive object if, in the judgment of the director ofhealth, as provided by rules, promulgated under this part, the object is ofpractical functional value to the confectionery product and would not renderthe product injurious or hazardous to health;

(B)  Bears or contains any alcohol in excess offive per cent by weight; or

(C)  Bears or contains any nonnutritivesubstance; provided that this clause shall not apply to a safe nonnutritivesubstance which is in or on confectionery by reason of its use for somepractical functional purpose in the manufacture, packaging, or storage of theconfectionery if the use of the substance does not promote deception of theconsumer or otherwise result in adulteration or misbranding in violation ofthis part; and provided further that the director, for the purpose of avoidingor resolving uncertainty as to the application of this clause, may issue rulesunder this part, allowing or prohibiting the use of particular nonnutritivesubstances;

(4)  If it is or bears or contains any color additivewhich is unsafe within the meaning of the Federal Act. [L 1941, c 318, §6; RL1945, §2209; RL 1955, §51-9; am L 1957, c 140, §1; am L 1967, c 152, §4; HRS§328-9; am L 1986, c 339, §41; am L 1988, c 402, §2]

 

Cross References

 

  Rulemaking, see chapter 91.