§161-3  Definitions.

     "Adulterated" includes any poultry or poultry product in one or more of the following circumstances:

     (1)  It bears or contains any poisonous or deleterious substance which may render it injurious to health; provided that if the substance is not an added substance, the poultry or poultry product shall not be considered adulterated if the quantity of the substance in or on the poultry or poultry product does not ordinarily render it injurious to health.

     (2)  (A)  It bears or contains by reason of administering any substance to the live poultry, including 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 may make the poultry or poultry product unfit for human consumption in the judgment of the board.

          (B)  It is, in whole or in part, a raw agricultural commodity and the commodity bears or contains a pesticide chemical which is unsafe under the Federal Food, Drug, and Cosmetic Act or chapter 328.

          (C)  It bears or contains any food additive which is unsafe under the Federal Food, Drug, and Cosmetic Act or chapter 328.

          (D)  It bears or contains any color additive which is unsafe under the Federal Food, Drug, and Cosmetic Act or chapter 328.

          (E)  Poultry or poultry products which are not adulterated under (B), (C) or (D) shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on the poultry or poultry products is prohibited by the board in establishments subject to inspection under part IV.

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

     (4)  It has been prepared, packed, or held under unsanitary conditions, whereby it may be contaminated with filth or whereby it may be injurious to health.

     (5)  It is, in whole or in part, a product of poultry that has died other than by slaughter.

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

     (7)  It has been intentionally or unintentionally subjected to radiation unless the use of the radiation was in conformity with both the Federal Food, Drug, and Cosmetic Act and chapter 328.

     (8)  Any valuable constituent has been in whole or in part omitted or abstracted from it; or any substance has been substituted wholly or in part for it; or damage or inferiority has been concealed in any manner; or any substance has been added or mixed into it or packed with it so as to increase its bulk or weight, or to reduce its quality or strength, or to make it appear better or of greater value than it is.

     "Board" means the board of agriculture or its designated representative.

     "Capable of use as human food" refers to any poultry carcass, poultry part, or poultry product unless it is denatured or identified by rule to deter its use as human food, or unless it is naturally inedible by humans.

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

     "Department" means the department of agriculture.

     "Federal Food, Drug, and Cosmetic Act" means the federal Act so entitled, approved June 25, 1938 (Public Law 75-675; 52 Stat. 1040; 21 U.S.C.A. section 301 et seq.), and all amendments to that Act.

     "Intrastate commerce" means commerce within this State.

     "Label" means a display of written, printed, or graphic matter upon the immediate container, not including package liners, of any poultry or poultry product.

     "Labeling" means all labels and other written, printed, or graphic matter (1) upon any poultry or poultry product or any of its containers or wrappers, or (2) accompanying any poultry or poultry product.

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

     "Misbranded" includes any poultry or poultry product in one or more of the following circumstances:

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

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

     (3)  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)  Its container is made, formed, or filled as to be misleading.

     (5)  It is 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; and

          (B)  An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided that the board may permit reasonable variations, and may prescribe exemptions for small packages.

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

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

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

     (9)  It is not subject to item (7), unless its label bears, (A) the common or usual name of the food, if any, and, (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, when authorized by the board, be designated as spices, flavorings, and colorings without naming each; provided that to the extent that compliance with this requirement is impracticable, or results in deception or unfair competition, exemptions shall be established by the board.

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

    (11)  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 requirement is impracticable, exemptions shall be established by the board.

    (12)  It fails to bear, directly on it 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 the labeling will not be false or misleading and that the public will be informed of the manner of handling required to maintain the poultry or poultry 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 prescribed or authorized by the board for use in applying any official mark.

     "Official inspection legend" means any symbol prescribed by the board showing that poultry or poultry 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 poultry or poultry product under this chapter.

     "Person" means any individual, firm, corporation, association, 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.

     "Poultry" means any domesticated bird, whether live or dead.

     "Poultry broker" means any person engaged in the business of buying or selling poultry or poultry products on commission, or who otherwise negotiates the purchase, sale, or exchange of poultry or poultry products other than for the person's own account or as an employee of another person, firm, or corporation.

     "Poultry product" means any poultry carcass or part thereof, or any food product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry, and which are exempted by the board from definition as poultry food product under conditions as the board may prescribe to assure that the poultry ingredients in the products are not adulterated and that the products are not represented as poultry products.

     "Poultry Products Inspection Act" means the federal Act so entitled, approved August 28, 1957 (Public Law 85-172; 71 Stat. 441; 21 U.S.C.A. section 451 et seq.), as amended by the Wholesome Poultry Products Act (Public Law 90-492; 82 Stat. 791; 21 U.S.C.A. section 451 et seq.), and all amendments to those Acts.

     "Prepared" or "processed" includes, but is not limited to, slaughtered, canned, boned, salted, stuffed, rendered, cut up, or otherwise manufactured.

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

     "Renderer" means any person engaged in the business of rendering carcasses, parts, or products of the carcasses of poultry, except rendering conducted under inspection or exemption under this chapter.

     "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 poultry or poultry products 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 212, §3; gen ch 1985; am L 1986, c 207, §2; am L 1993, c 92, §2; am L 1995, c 89, §1]