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



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



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



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



(iii)  If it is or it bears or contains any food
additive which is unsafe within the meaning of section 409 of the Federal Act
as amended;



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



(C)  If it consists in whole or in part of a
diseased, contaminated, filthy, putrid, or decomposed substance, or if it is
otherwise unfit for food; or



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



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



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



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



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



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



(D)  If any substance has been added thereto or
mixed or packed therewith so as to increase its bulk or weight, or reduce its
quality 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 embedded
therein any nonnutritive object; provided that this clause shall not apply in
the case of any nonnutritive object if, in the judgment of the director of
health, as provided by rules, promulgated under this part, the object is of
practical functional value to the confectionery product and would not render
the product injurious or hazardous to health;



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



(C)  Bears or contains any nonnutritive
substance; provided that this clause shall not apply to a safe nonnutritive
substance which is in or on confectionery by reason of its use for some
practical functional purpose in the manufacture, packaging, or storage of the
confectionery if the use of the substance does not promote deception of the
consumer or otherwise result in adulteration or misbranding in violation of
this part; and provided further that the director, for the purpose of avoiding
or resolving uncertainty as to the application of this clause, may issue rules
under this part, allowing or prohibiting the use of particular nonnutritive
substances;



(4)  If it is or bears or contains any color additive
which is unsafe within the meaning of the Federal Act. [L 1941, c 318, §6; RL
1945, §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.