§159-3  Definitions.  As used in this chapter unless the context otherwise requires:

     "Act" means the "Hawaii Meat Inspection Act".

     "Adulterated" shall apply to any carcass, part thereof, meat or meat products under one or more of the following circumstances:

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

     (2)  (A)  If it bears or contains (by reason of administration of any substance to the live animal or otherwise) any added poisonous or added deleterious substance (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; (ii) a food additive; or (iii) a color additive) which, in the judgment of the board, may make the meat or meat products unfit for human consumption.

          (B)  If it is, in whole or in part, a raw agricultural commodity and the commodity bears or contains a pesticide chemical which is unsafe within the meaning of the Hawaii Food, Drug, and Cosmetic Act or section 408 of the Federal Food, Drug, and Cosmetic Act.

          (C)  If it bears or contains any food additive which is unsafe within the meaning of the Hawaii Food, Drug, and Cosmetic Act or section 409 of the Federal Food, Drug, and Cosmetic Act.

          (D)  If it bears or contains any color additive which is unsafe within the meaning of the Hawaii Food, Drug, and Cosmetic Act or section 706 of the Federal Food, Drug, and Cosmetic Act, provided that meat or meat products which are unadulterated under subparagraphs (B), (C), or (D) shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on the meat or meat products is prohibited by rules of the board in establishments at which inspection is maintained under part IV.

     (3)  If it consists, in whole or in part, of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food.

     (4)  If it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.

     (5)  If it is, in whole or in part, the product of an animal which had died otherwise than by slaughter.

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

     (7)  If it has been intentionally or unintentionally subjected to radiation, unless the use of the radiation was in conformity with a rule, regulation, or exemption in effect pursuant to the Hawaii Food, Drug, and Cosmetic Act or section 409 of the Federal Food, Drug, and Cosmetic Act.

     (8)  If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part therefor; or if damage or inferiority has been concealed in any manner; or 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.

     (9)  If it is margarine containing animal fat and any of the raw material used therein consisted in whole or in part of any filthy, putrid, or decomposed substance.

     "Board" means the board of agriculture of the State.

     "Capable of use as human food" shall apply to any carcass, or part or product of a carcass, of any animal, unless it is denatured or otherwise identified as required by regulations prescribed by the board to deter its use as human food, or it is naturally inedible by humans.

     "Certification" means the act of applying the official certificate or official mark by persons performing official functions under this chapter.

     "Commercial carrier" means any person owning, controlling, operating, or managing any vehicle, directly or indirectly, for public use in the transportation of goods or passengers for compensation over land or water, or by air.

     "Department" means the department of agriculture of the State.

     "Exotic animal" means any cloven-hoofed ruminant animal considered feral in nature, other than domestic cattle, sheep, goats, or equines.  For the purposes of this chapter, bears and domestic rabbits shall be considered exotic animals.

     "Federal Food, Drug, and Cosmetic Act" means the Act so entitled, approved June 25, 1938 (52 Stat. 1040), including any amendments thereto.

     "Federal Meat Inspection Act" means the Act so entitled, approved March 4, 1907 (34 Stat. 1260) as amended by the Wholesome Meat Act of 1967 (81 Stat. 584), including any amendments thereto.

     "Inspector" means any meat inspector of the State.

     "Intrastate commerce" means commerce within the State.

     "Label" means a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any meat or meat products, or other products.

     "Labeling" means all labels and other written, printed, or graphic matter upon any meat or meat products or any of its containers or wrappers, or accompanying the meat or meat products.

     "Licensee" means a person issued a license under part III of this chapter.

     "Meat broker" means any person who sells or offers to sell, or buys or offers to buy, carcasses, parts of carcasses, meat or meat products of cattle, sheep, swine, goats, horses, mules, other equines, or exotic animals on commission or who otherwise negotiates the purchase, sale, or exchange of the meat or meat products other than for the person's own account or as an employee of another person.

     "Meat or meat products" means any product capable of use as human food which is made wholly or in part from any meat or other portions of the carcass of any cattle, sheep, swine, or goats, excepting products which contain meat or other portions of the carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from the definition as meat products by the board under the conditions as it may prescribe to assure that the meat or other portions of the carcasses contained in the products are not adulterated and that the products are not represented as meat products.  This term as applied to food products of equines shall have a meaning comparable to that provided in this definition with respect to cattle, sheep, swine, and goats.

     "Meat or meat products derived from exotic animals" means any product capable of use as human food which is made wholly or in part from any meat or other portions of the carcass of any exotic animal, excepting products which contain meat or other portions of the carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from the definition as meat products by the board under the conditions as it may prescribe to assure that the meat or other portions of the carcasses contained in the products are not adulterated and that the products are not represented as meat products.

     "Misbranded" shall apply to any carcass, part thereof, meat or meat products under one or more of the following circumstances:

     (1)  If its labeling is false or misleading in any particular.

     (2)  If it is offered for sale under the name of another food.

     (3)  If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and immediately thereafter, the name of the food imitated.

     (4)  If its container is made, formed, or filled as to be misleading.

     (5)  If in a package or other container unless it bears a label showing:

          (A)  The name and place of business of the manufacturer, packer, or distributor.

          (B)  An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided that reasonable variations may be permitted and exemptions as to small packages may be prescribed by the board.

     (6)  If any word, statement, or other information required by or under authority of this chapter to appear on the label or other labeling is not prominently placed thereon with the conspicuousness as compared with other words, statements, designs, or devices, in the labeling and in the terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

     (7)  If it purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by the board under this chapter unless:

          (A)  It conforms to the definition and standard.

          (B)  Its label bears the name of the food specified in the definition and standard and, insofar as may be required by the regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in the food.

     (8)  If it purports to be or is represented as a food for which a standard of fill of container has been prescribed by the board under this chapter, and it falls below the standard of fill of container applicable thereto, unless its label bears, in the manner and form as the board prescribes, a statement that it falls below the standard.

     (9)  If it is not subject to paragraph (7), unless its label bears:

          (A)  The common or usual name of the food, if any there be.

          (B)  In case it is fabricated from two or more ingredients, the common or usual name of each ingredient; except that spices, flavorings, and colorings may with the approval of the board be designated as spices, flavorings, and colorings without naming each; provided that to the extent that compliance with the requirements of this subparagraph is impracticable, or results in deception or unfair competition, exemptions shall be established by the board.

    (10)  If it purports to be or is represented for special dietary uses, unless its label bears the information concerning its vitamin, mineral, and other dietary properties as the board, after consultation with the Secretary of Agriculture and concurrence by the department of health, determines to be and prescribes as necessary in order fully to inform purchasers as to its value for the uses.

    (11)  If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; provided that to the extent that compliance with this paragraph is impracticable, exemptions shall be established by the board.

    (12)  If it fails to bear, directly thereon or on its container, as the board may prescribe, the inspection legend and, unrestricted by any of the foregoing, other information as the board may require to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the meat or meat products in a wholesome condition.

     "Official certificate" means any certificate prescribed by the board for issuance by veterinarians, inspectors, or other persons performing official functions under this chapter.

     "Official device" means any device described or authorized by the board for use in applying any official mark.

     "Official inspection legend" means any symbol prescribed by the board showing that meat or meat products were inspected and passed in accordance with this chapter.

     "Official mark" means the official inspection legend or any other symbol prescribed by the board to identify the status of any meat or meat products or animal under this chapter.

     "Person" means any individual, firm, corporation, association, or partnership, or any organized group of persons whether incorporated or not.

     "Pesticide chemical", "food additive", "color additive", and "raw agricultural commodity" shall have the same meanings for purposes of this chapter as under the Federal Food, Drug, and Cosmetic Act.

     "Prepared" or "processed" means slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed.

     "Reinspection" means the re-examination of meat and meat products previously inspected and the inspection of meat and meat products during processing.

     "Renderer" means any person engaged in the business of rendering carcasses, or parts or products of the carcasses, of cattle, sheep, swine, goats, horses, mules, other equines, or exotic animals, except rendering conducted under inspection under part IV.

     "Secretary of Agriculture" means the Secretary of Agriculture of the United States.

     "State" means the State of Hawaii.

     "Veterinarian" means the state veterinarian or any of the veterinarian's duly authorized representatives.

     "Wholesaler" means any person who buys or sells carcasses, parts of carcasses, meat or meat products of cattle, sheep, swine, goats, horses, mules, other equines, or exotic animals in trade channels other than retail.  For the purpose of this chapter, a wholesaler who also has retail operations will be deemed to be a wholesaler. [L 1969, c 214, pt of §1; gen ch 1985; am L 1986, c 206, §2; am L 1990, c 139, §2; am L 1991, c 88, §1; am L 1993, c 248, §1; am L 1995, c 90, §1; am L 2012, c 126, §1]

Cross References

  Hawaii Food, Drug, and Cosmetic Act, see chapter 328.