§281-2  Excepted articles; penalty.  The articles enumerated in this section shall not, after having been manufactured and prepared for the market, be subject to this chapter if they correspond with the following descriptions and limitations, namely:

     (1)  Denatured alcohol or denatured rum produced and used as provided by laws and regulations now or hereinafter in force;

     (2)  Medicinal preparations manufactured in accordance with formulas prescribed by The Pharmacopoeia of the United States of America or The National Formulary that are unfit for use for beverage purposes;

     (3)  Patented, patent and proprietary medicines that are unfit for use for beverage purposes;

     (4)  Toilet, medicinal, and antiseptic preparations and solutions, that are unfit for use for beverage purposes;

     (5)  Flavoring extracts and syrups that are unfit for use as a beverage or for intoxicating beverage purposes;

     (6)  Vinegar and preserved sweet cider;

     (7)  A food which is a confectionery and contains alcohol of five per cent or less by weight.

     Any person who manufactures any of the articles mentioned in this section may purchase and possess alcohol for that purpose, but the person shall not sell, use, or dispose of any alcohol otherwise than as an ingredient of the articles authorized to be manufactured therefrom.  No more alcohol shall be used in the manufacture of any extract, syrup, or article named in paragraphs (2), (3), and (4) of this section which may be used for beverage purposes than the quantity necessary for extraction or solution of the elements contained therein and for the preservation thereof.

     Any person who knowingly sells any of the articles mentioned in paragraphs (1), (2), (3), and (4) of this section for beverage purposes or any extract or syrup for intoxicating beverage purposes or who sells any of the same under circumstances from which the seller might reasonably deduce the intention of the purchaser to use them for such purposes shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in section 281-102.

     Whenever it is believed that any article mentioned in this section does not correspond with the descriptions and limitations herein provided, the liquor commission or any inspector or any prosecuting officer may cause an analysis thereof to be made, and if, upon such analysis, it is found that the article does not so correspond, the person who manufactures or sells the same may be prosecuted as a manufacturer or seller of liquor contrary to this chapter. [L Sp 1933, c 40, §74; RL 1935, §2642; RL 1945, §7294; RL 1955, §159-2; HRS §281-2; am L 1972, c 177, §1; gen ch 1985; am L 1988, c 402, §4]

Cross References

  Sale of confectionery with alcohol to minor, see §328-6.