reglab/housing_qa huggingface dataset:
HI Rev Stat § 328-19 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328. Food, Drugs, and Cosmetics|328-19 Cosmetics deemed misbranded when.

 §328-19 Cosmetics deemed misbranded when. A cosmetic shall be deemed to be misbranded:  (1) If its labeling is false or misleading in any particular, or if its labeling or packaging fails to conform with the requirements of section 328-19.1 of this part;  (2) If in package form, unless it bears a label containing (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, which statement shall be separately and accurately stated in a uniform location upon the principal display panel of the label; provided that under clause (B) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the director;  (3) If any word, statement, or other information required by or under authority of this part to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;  (4) If its container is so made, formed or filled as to be misleading;  (5) If it is a color additive, unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to the color additive prescribed under the Federal Act. This paragraph shall not apply to packages of color additives which, with respect to their use for cosmetics, are marketed and intended for use only in or on hair dyes (as defined in the last sentence of section 328-18(1));  (6) Unless it is a cosmetic which is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at an establishment other than the establishment where it was originally processed or packed. Such cosmetic is exempted from the affirmative labeling requirements of this part while it is in transit in commerce from the one establishment to the other, if such transit is made in good faith for such completion purposes only; but it is otherwise subject to all applicable provisions of this part. [L 1941, c 318, §14; RL 1945, §2218; RL 1955, §51-18; am L 1967, c 152, §13; HRS §328-19; am L 1972, c 151, §11] Case Notes  See 315 U.S. 257; 11 F.2d 399.
HI Rev Stat § 328-20 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328. Food, Drugs, and Cosmetics|328-20 False advertising; exceptions.

 §328-20 False advertising; exceptions. (a) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.  (b) For the purpose of this part the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright's disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia, or venereal disease shall also be deemed to be false, except that no advertisement not in violation of subsection (a) shall be deemed to be false under this subsection if it is disseminated only to members of the medical, osteopathic, podiatric, dental, or veterinary professions, or appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of such drugs or devices; provided that whenever the department determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named above, the department shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for such disease, subject to such conditions and restrictions as the department may deem necessary in the interest of public health; provided that this subsection shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious. [L 1941, c 318, §15; RL 1945, §2219; RL 1955, §51-19; am L Sp 1959 2d, c 1, §19; am L 1964, c 15, §2; HRS §328-20]
HI Rev Stat § 328-21 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328. Food, Drugs, and Cosmetics|328-21 Rules and regulations, hearings.

 §328-21 Rules and regulations, hearings. (a) Subject to chapter 91 the director of health may adopt and enforce such rules or regulations as the director may deem necessary for the efficient enforcement of this part. The director may make the rules or regulations prescribed under this part conform insofar as practicable with those promulgated under the Federal Act.  (b) Hearings authorized or required by this part shall be conducted by the director or any officer, agent, or employee designated by the director for that purpose and shall be subject to chapter 91. [L 1941, c 318, §16; RL 1945, §2220; RL 1955, §51-20; am L 1965, c 96, §37; HRS §328-21; gen ch 1985]
HI Rev Stat § 328-22 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328. Food, Drugs, and Cosmetics|328-22 Duties of department.

 §328-22 Duties of department. The department of health shall inquire carefully into the quality of any food, drug, device, or cosmetic manufactured, sold, or kept or exhibited or offered for sale by any person; and it may in a lawful manner procure samples thereof, submit the same to careful examination and report the result of such analysis of all or any such food, drugs, devices, or cosmetics as are adulterated, impure, or unwholesome, in contravention of the laws of the State, to the director; and the director shall make complaint with the necessary evidence through the proper authorities, against such person; provided that nothing in this part shall require the department to report for the institution of proceedings under this part, minor violations of this part, whenever it believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning; provided further that whenever the department believes that the public interest will be adequately served by the issuance of a warning to the general public by virtue of the degree of adulteration, impurity, or unwholesomeness in contravention of the laws of the State present in any food, drugs, devices, or cosmetics which constitute a hazardous condition, it shall issue a warning through all available news media including television, radio, newspaper, and other available methods of communication. When the hazardous condition has been corrected, the department shall issue a statement to be made through all available news media that conditions as corrected have returned to a safe and normal level.  The department shall investigate complaints on the information of any person who lays before it satisfactory evidence of the same. [L 1941, c 318, §18; RL 1945, §2222; RL 1955, §51-22; am L Sp 1959 2d, c 1, §19; HRS §328-22; am L 1973, c 34, §1; gen ch 1985]
HI Rev Stat § 328-23 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328. Food, Drugs, and Cosmetics|328-23 Inspection powers of director.

 §328-23 Inspection powers of director. The director of health or any of the director's agents are authorized upon presenting appropriate credentials to the owner, operator or agent in charge, (1) to enter at all reasonable hours any factory, warehouse, or establishment in which food, drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce, or after such introduction, or to enter any vehicle being used to transport or hold such food, drugs, devices, or cosmetics in commerce; (2) to inspect at reasonable times and within reasonable limits and in a reasonable manner such factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers and labeling therein to determine if this part is being violated; (3) to have access to and to copy all records of carriers in commerce showing the movement in commerce of any food, drug, device, or cosmetic, or the holding thereof during or after such movement, and the quantity, shipper and consignee thereof; provided that evidence obtained under this subsection shall not be used in a criminal prosecution of the person from whom obtained; and provided further that carriers shall not be subject to the other provisions of this part by reason of their receipt, carriage, holding, or delivery of food, drugs, devices, or cosmetics in the usual course of business as carriers; and (4) to secure samples or specimens of any food, drug, device, or cosmetic after paying or offering to pay for the sample. The director shall make or cause to be made examinations of samples secured under this section to determine whether or not this part is being violated. [L 1941, c 318, §20; RL 1945, §2224; RL 1955, §51-24; am L Sp 1959 2d, c 1, §19; HRS §328-23; am L 1972, c 151, §13; gen ch 1985] Rules of Court  Injunctions, see HRCP rule 65.
HI Rev Stat § 328-24 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328. Food, Drugs, and Cosmetics|328-24 Furnishing of samples to director.

 §328-24 Furnishing of samples to director. (a) If any person manufacturing, keeping for sale, exhibiting for sale, or offering for sale any food, drug, device, or cosmetic included in this part refuses to furnish the duly appointed director of health or any of the director's agents, upon demand, either personal or in writing, a sample sufficient for the analysis of the food, drug, device, or cosmetic, which is in the person's possession, such refusal shall be prima facie evidence that the food, drug, device, or cosmetic so manufactured, kept for sale, exhibited for sale, or offered for sale is adulterated within the meaning of this part.  (b) A sample of any product covered under this section that is known to be or suspected of being contaminated shall be furnished upon request to the director or any of the director's agents at no cost to the department.  The director or agent securing a sample under this section from any retailer or wholesaler or any person other than the manufacturer shall, prior to leaving the premises, provide the establishment with a receipt describing the sample obtained. The receipt may be used for reimbursement from the appropriate supplier or manufacturer. [L 1941, c 318, §21; RL 1945, §2225; RL 1955, §51-25; am L Sp 1959 2d, c 1, §19; HRS §328-24; am L 1985, c 144, §2; gen ch 1985]
HI Rev Stat § 328-26 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328. Food, Drugs, and Cosmetics|328-26 Disposal of questioned articles; court orders; expenses; bond.

 §328-26 Disposal of questioned articles; court orders; expenses; bond. If the court finds that a detained or embargoed article is adulterated or misbranded, the article shall, after entry of the decree be destroyed at the expense of the claimant thereof, under the supervision of the director of health or any of the director's deputies; and all court costs and fees, and storage and other proper expenses, shall be taxed against the claimant of the article or the claimant's agent; provided that when the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after such costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that the article shall be so labeled or processed, has been executed, may by order direct that the article be delivered to the claimant thereof for such labeling or processing under the supervision of the director or any of the director's agents. The expense of supervision shall be paid by the claimant. The bond shall be returned to the claimant of the article on representation to the court by the director or any of the director's agents that the article is no longer in violation of this part, and that the expenses of supervision have been paid. [L 1941, c 318, pt of §22; RL 1945, §2227; RL 1955, §51-27; am L Sp 1959 2d, c 1, §19; HRS §328-26; gen ch 1985]
HI Rev Stat § 328-27 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328. Food, Drugs, and Cosmetics|328-27 Perishables destroyed when.

 §328-27 Perishables destroyed when. Whenever the director of health or any of the director's agents find in any room, building, vehicle of transportation, or other structure, any meat, seafood, poultry, vegetable, fruit, or other perishable articles which are unsound, or contain any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the same being hereby declared to be a nuisance, the director or any of the director's agents, shall forthwith condemn or destroy the same, or in any other manner render the same unsalable as human food. [L 1941, c 318, pt of §22; RL 1945, §2228; RL 1955, §51-28; am L Sp 1959 2d, c 1, §19; HRS §328-27; gen ch 1985]
HI Rev Stat § 328-28 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328. Food, Drugs, and Cosmetics|328-28 Duties of county attorneys, prosecuting attorney.

 §328-28 Duties of county attorneys, prosecuting attorney. Each county attorney, or prosecuting attorney to whom the department of health reports any violation of this part, shall cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Before any violation of this part is reported to any such attorney for the institution of a criminal proceeding, the person against whom the proceeding is contemplated shall be given appropriate notice and an opportunity to present the person's views before the department either orally or in writing, in person or by attorney, with regard to such contemplated proceeding. [L 1941, c 318, §24; RL 1945, §2230; RL 1955, §51-29; am L Sp 1959 2d, c 1, §19; HRS §328-28; gen ch 1985] Revision Note  Reference to "prosecuting attorney of the city and county of Honolulu" deleted as unnecessary.
HI Rev Stat § 328-29 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328. Food, Drugs, and Cosmetics|328-29 Penalty; exceptions.

 §328-29 Penalty; exceptions. (a) Any person who violates section 328-6 shall be fined not more than $500, or imprisoned not more than one year, or both.  (b) No person shall be subject to the penalties of subsection (a) of this section, for having violated section 328-6(1) or (3) if he establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing in the State from whom he received in good faith the article, to the effect that the article is not adulterated or misbranded within the meaning of this part, designating this part.  (c) No publisher, radio-broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination by him of such false advertisement, unless he has refused on the request of the department of health to furnish the department the name and post office address of the manufacturer, packer, distributor, seller, or advertising agency residing in the State who caused him to disseminate such advertisement. [L 1941, c 318, §25; RL 1945, §2231; am L 1953, c 110, §1; RL 1955, §51-30; am L Sp 1959 2d, c 1, §19; HRS §328-29]
HI Rev Stat § 328-30 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328. Food, Drugs, and Cosmetics|328-30 Administrative penalties.

 §328-30 Administrative penalties. (a) Any person who violates this part or any rule adopted by the department pursuant to this part shall be fined not more than $10,000 for each separate offense. Any action taken to collect the penalty provided for in this subsection shall be considered a civil action.  (b) In addition to any other administrative or judicial remedy provided by this part, or by rules adopted pursuant to this part, the director may impose by order the administrative penalty specified in this section. Factors to be considered in imposing the administrative penalty include the nature and history of the violation and of any prior violation, and the opportunity, difficulty, and history of corrective action. For any judicial proceeding to recover the administrative penalty imposed, the director need only show that notice was given, a hearing was held or the time granted for requesting a hearing has expired without such a request, the administrative penalty was imposed, and that the penalty remains unpaid. [L 1983, c 100, pt of §2; am L 1984, c 12, §4]
HI Rev Stat § 328-31 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328. Food, Drugs, and Cosmetics|328-31 Injunctive relief.

  §328-31 Injunctive relief. The director may institute a civil action in any court of competent jurisdiction for injunctive relief to prevent any violation of this part or any rule adopted to implement this part. The court shall have powers to grant relief in accordance with the Hawaii rules of civil procedure. [L 1983, c 100, pt of §2] Rules of Court  Injunctions, see HRCP rule 65.
HI Rev Stat § 328-41 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328. Food, Drugs, and Cosmetics|328-41 Definitions.

  §328-41 Definitions. "Cold storage" as used in sections 328-41 to 328-48 means a place artificially cooled to a temperature of forty degrees Fahrenheit or below but does not include such a place in a private home, hotel, restaurant, or exclusively retail establishment not storing articles of food for other persons. "Cold stored" as used in such sections means the keeping of articles of food in cold storage for a period exceeding thirty days from the date of placing them in any cold storage or refrigerating warehouse. "Storer" means the person who offers articles of food for cold storage. "Operator" means any person operating a cold storage. [L 1925, c 194, §1; RL 1935, §1063; RL 1945, §2232; RL 1955, §51-40; HRS §328-41]
HI Rev Stat § 328-42 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328. Food, Drugs, and Cosmetics|328-42 Department of health regulations.

 §328-42 Department of health regulations. Every cold storage or refrigerating warehouse wherein are stored articles of food, shall be properly located, constructed, equipped for the business of cold storage, and kept in a sanitary condition as prescribed by the department of health regulations. [L 1925, c 194, §2; RL 1935, §1064; RL 1945, §2233; RL 1955, §51-41; am L Sp 1959 2d, c 1, §19; HRS §328-42]
HI Rev Stat § 328-43 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328. Food, Drugs, and Cosmetics|328-43 Records, food to be marked.

 §328-43 Records, food to be marked. Every operator or storer shall keep an accurate record of the receipts and the withdrawals with reference to cold storage of all articles of food within the operator's possession and control. Every operator shall also keep an accurate record of storers having exclusive possession of a portion of the operator's or storer's cold storage.  All articles of food when deposited in cold storage shall be marked plainly on or in connection with the containers in which they are packed or on the individual article, with the date of receipt, and, when removed from cold storage, shall be marked with the date of withdrawal, in accordance with such forms as may be prescribed by the department of health.  The department shall have free access to these records at any time. [L 1925, c 194, § §3, 5; RL 1935, §1065; RL 1945, §2234; RL 1955, §51-42; am L Sp 1959 2d, c 1, §19; HRS §328-43; gen ch 1985]
HI Rev Stat § 328-44 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328. Food, Drugs, and Cosmetics|328-44 Bad food; bait.

 §328-44 Bad food; bait. No storer or operator shall place in cold storage any article of food if diseased, tainted, or deteriorated so as to injure its keeping qualities or if not properly slaughtered, handled, and prepared for storage; provided that this section shall not apply to bait to be used for fishing purposes. All such bait shall be stored in rooms specially set aside for such purposes. [L 1925, c 194, §4; RL 1935, §1066; RL 1945, §2235; RL 1955, §51-43; HRS §328-44]
HI Rev Stat § 328-45 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328. Food, Drugs, and Cosmetics|328-45 Length of storage time.

 §328-45 Length of storage time. No person having control as storer shall keep in cold storage any articles of food for a longer period than twelve calendar months, except with the consent of the department of health, as hereinafter provided. The department shall, upon application, grant permission to extend the period of storage beyond twelve months for a particular consignment of goods, if the goods in question are found, upon examination, to be in proper condition for further storage at the end of twelve months. The length of time for which storage is allowed shall be specified in the order granting permission. [L 1925, c 194, §6; RL 1935, §1067; RL 1945, §2236; RL 1955, §51-44; am L Sp 1959 2d, c 1, §19; HRS §328-45]
HI Rev Stat § 328-46 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328. Food, Drugs, and Cosmetics|328-46 Restorage prohibited.

 §328-46 Restorage prohibited. It shall be unlawful for any storer or operator to return to cold storage any article of food that has once been released from such storage and placed on the market for sale to consumers, but nothing in this section shall prevent the transfer of goods from one cold storage or refrigerating warehouse to another; provided that such transfer is not made for the purpose of evading sections 328-41 to 328-47. [L 1925, c 194, §7; RL 1935, §1068; RL 1945, §2237; RL 1955, §51-45; HRS §328-46]
HI Rev Stat § 328-47 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328. Food, Drugs, and Cosmetics|328-47 Cold stored goods to be labeled; sales of.

 §328-47 Cold stored goods to be labeled; sales of. It shall be unlawful to sell or to offer for sale uncooked articles of food, which have been cold stored without notifying persons purchasing, or intending to purchase, the same that they have been kept in cold storage by the display, in a conspicuous place and upon the articles of food, of a sign marked, €œThese are cold stored goods €, in large, plain type; and it shall be unlawful to represent or advertise as fresh goods, articles of food which have been placed in cold storage. [L 1925, c 194, §8; RL 1935, §1069; RL 1945, §2238; RL 1955, §51-46; HRS §328-47]
HI Rev Stat § 328-48 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|328. Food, Drugs, and Cosmetics|328-48 Penalty.

 §328-48 Penalty. Any person violating any of the provisions of sections 328-41 to 328-47 shall be fined not less than $10 nor more than $200 for each offense. [L 1925, c 194, §9; RL 1935, §1070; RL 1945, §2239; RL 1955, §51-47; HRS §328-48]