reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 328C. Donation of Pharmaceuticals and Health Care Supplies › 328C-4 Labeling of donated pharmaceuticals or health care supplies.

§328C-4 Labeling of donated pharmaceuticals or health care supplies.
Any charitable, religious, or nonprofit organization which receives and distributes donated pharmaceuticals or health care supplies pursuant to this chapter shall affix a label upon those items stating that the items are donated and are not for resale and stating that they were fit for human consumption or use on the date that they left control of the charitable, religious, or nonprofit organization. [L 1997, c 337, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 328C. Donation of Pharmaceuticals and Health Care Supplies › 328C-5 Reserving the State's authority to regulate, inspect, or ban the use of donated pharmaceuticals or health care supplies.

§328C-5 Reserving the State's authority to regulate, inspect, or ban the use of donated pharmaceuticals or health care supplies.
Nothing in this chapter is intended to restrict the authority of any state department to regulate, inspect, or ban the use of donated pharmaceuticals or health care supplies for human consumption or use. Pharmaceuticals and health care supplies that are distributed by a charitable, religious, or nonprofit organization, and the activities associated with that distribution, shall comply with the applicable provisions of chapter 328, including part VII, which relates to prescription drug wholesalers. Any provisions to the contrary notwithstanding, all activities conducted by an organization under this chapter involving the distribution of prescription drugs to persons other than a consumer or patient shall be included within the definition of "wholesale distribution" as defined by section 328-112. [L 1997, c 337, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 328D. Bottled Water › 328D-2 Product quality.

§328D-2 Product quality.
(a) All bottled water shall be from an approved source and shall not contain any constituent in quantities that may be injurious to health, as established by rules adopted by the department or other government agency or agencies having jurisdiction. All bottled water shall meet standards prescribed by the FDA in title 21 C.F.R. section 165.110.
(b) Except as provided in subsection (a), bottled water, including mineral water, shall not exceed any maximum contaminant level (MCL) established by the EPA under the Safe Drinking Water Act or standards established by the department or other government agency or agencies having jurisdiction for any organic or inorganic chemical. [L 1988, c 304, pt of §1; am L 2021, c 161, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 328D. Bottled Water › 328D-3 Manufacturing, operations; requirements.

§328D-3 Manufacturing, operations; requirements.
(a) All bottled water, including mineral water, shall be filtered and processed and packaged in accordance with the FDA good manufacturing practice regulations (GMPs) 21 C.F.R. Parts 110 and 129, and any other rules adopted by the department or government agency or agencies having jurisdiction.
(b) Bottled water production, including transporting, processing, packaging, and storage, shall be conducted under conditions and controls necessary to minimize the potential for microbiological contamination of the finished product. These conditions and controls shall include the following:
(1) Bottled water shall be subject to effective germicidal treatment by ozonation or carbonation at a minimum of three volumes of carbon dioxide or other equivalent disinfection approved by the department or government agency or agencies having jurisdiction; and
(2) Bottled water shall not be transported or stored in bulk tanks or processed or bottled through equipment or lines used for any nonfood product.
(c) Each bottled water plant operator and water dealer shall develop and maintain a procedure for product recall and shall implement this procedure for any product for which the operator or dealer knows or has reason to believe circumstances exist that may adversely affect its safety for the consumer.
(d) Artesian water may be collected with the assistance of external force to enhance the natural underground pressure so long as such measures do not alter the physical properties, composition, and quality of the water.
(e) Natural water shall not be modified by blending with water of another type or by deletion or addition of dissolved solids except as related to disinfection or other treatment to reduce the concentration of any naturally present constituent which exceeds government-sanctioned or approved safety standards or guidelines. It may be collected and transported by pumps, pipes, tunnels, trucks, or similar devices.
(f) Spring water shall be collected only at the spring or through a bore hole that is adjacent to the point of emergence. Spring water collected with the assistance of external force to protect the water shall retain all the physical properties of and be of the same composition and quality as the water that flows naturally to the surface of the earth. [L 1988, c 304, pt of §1; am L 2021, c 161, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 328D. Bottled Water › 328D-4 Source water monitoring.

§328D-4 Source water monitoring.
(a) The plant operator shall be responsible for sampling and analysis of all approved sources for the contaminants specified in section 328D-2 to assure that product water derived from approved sources continues to comply with section 328D-2. Such monitoring shall be at least annually, except that analysis for microbiological contaminants shall be weekly if the source is other than a public water system.
(b) Approved sources shall be monitored every four years for contaminants for which the EPA under the Safe Drinking Water Act, the department, or other government agency or agencies having jurisdiction requires source water monitoring.
(c) In lieu of source monitoring required by this section, a plant operator using a public water system as its source may obtain and display a certificate from the public water system demonstrating that the public water system conducts the monitoring required by this section.
(d) Where a bottled water plant operator, water dealer, or regulatory agency knows or has reason to believe that a contaminant not otherwise monitored is present in the source water because of a spill, release of a hazardous substance, or otherwise, and its presence would create a potential health hazard to consumers, the plant operator or water dealer upon receipt of such information shall monitor the source water for the contaminant.
(e) Detection of any contaminant in source monitoring required pursuant to this section shall be followed immediately by a program of periodic monitoring to confirm the presence in the source water of the contaminant. If the listed unregulated contaminant is confirmed to be present in the source water at a concentration that exceeds a published EPA health advisory, or an FDA or department or other government agency action level for drinking water, the plant operator or water dealer shall employ appropriate treatment techniques to remove or to reduce the contaminant in the product water below the concentration and shall employ a program of periodic monitoring for the contaminant in the source water until such time as the contaminant is not detectable in the source water.
(f) The required source water sampling shall be performed by qualified personnel and required analysis shall be performed by an approved laboratory. Records of the required sampling and analyses shall be maintained on file at the plant for not less than two years and shall be available for official review upon request of the department or other government agency or agencies having jurisdiction. [L 1988, c 304, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 328D. Bottled Water › 328D-5 Finished product monitoring.

§328D-5
Finished product monitoring.
(a) To assure that bottled water complies with section 328D-2, the following product monitoring of representative samples derived from the bottled product shall be performed:
(1) For microbiological contaminants specified in section 328D-2, a representative sample from a batch or segment of a continuous production for each type of bottled water produced by the plant shall be analyzed weekly; and
(2) For chemical, physical, and radiological contaminants specified in section 328D-2, a representative sample from a batch or segment of continuous product run for each type of bottled drinking water produced by the plant shall be analyzed annually.
(b) The required product water sampling shall be performed by qualified personnel and required analysis shall be performed by an approved laboratory.
(c) Records of required sampling and analysis shall be maintained at the plant not less than two years and shall be available for official review upon request of the department or government agency or agencies having jurisdiction. [L 1988, c 304, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 328D. Bottled Water › 328D-6 Labeling requirements.

§328D-6 Labeling requirements.
All bottled water shall conform to applicable federal and state labeling laws and be labeled in compliance with the following standards:
(1) Mineral water may be labeled "mineral water". Bottled water to which minerals are added shall be labeled so as to disclose that minerals are added, and may not be labeled "natural mineral water".
(2) Spring water may be labeled "spring water" or "natural spring water".
(3) Water containing carbon dioxide that emerges from the source and is bottled directly with its entrapped gas or from which the gas is mechanically separated and later reintroduced at a level not higher than naturally occurring in the water may bear on its label the words "naturally carbonated" or "naturally sparkling".
(4) Bottled water which contains carbon dioxide other than that naturally occurring in the source of the product shall be labeled with the words "carbonated", "carbonation added", or "sparkling" when the carbonation is obtained from a natural or manufactured source.
(5) Well water may be labeled "well water" or "natural well water".
(6) Artesian water may be labeled "artesian water" or "natural artesian water".
(7) Purified water shall be labeled "purified water" and the method of preparation shall be stated on the label, except that purified water produced by distillation may be labeled as "distilled water".
(8) Drinking water may be labeled "drinking water".
(9) Any bottler, distributor, or vendor of bottled water whose corporate name, brand name, or trademark contains the words "spring", "well", "artesian", "mineral", or "natural" or any derivative of those words shall label each bottle with the type of bottled water in typeface at least equal to the size of the typeface of the corporate name, brand name, or trademark, if the type of the bottled water is different from the type stated or implied in the corporate name, brand name, or trademark.
(10) The use of the word "spring", or any derivative thereof other than in a trademark, trade name, or company name to describe water that is not spring water as defined in section 328D-1 shall be prohibited.
(11) A product meeting more than one definition as stated in section 328D-1 may be identified by any of the applicable product types defined in section 328D-1, except where otherwise specifically prohibited.
(12) Supplemental printed information and graphics concerning recognized uses of the water may appear on the label but shall not imply properties of the product or preparation methods which are not factual. [L 1988, c 304, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 328D. Bottled Water › 328D-7 Exemption; soda water, soft drink.

§328D-7 Exemption; soda water, soft drink.
(a) Bottled soft drinks, soda, seltzer, or other products commonly recognized as soft drinks and labeled with a common or usual name other than one of those specified in section 328D-1 or food complying with 21 C.F.R. 165.175 are exempt from the requirements of this chapter. Water that is not in compliance with the requirements of this chapter may not be labeled as "artesian water", "bottled water", "distilled water", "drinking water", "fluoridated water", "mineral water", "natural water", "purified water", "spring water", or "well water".
(b) Bottled water that is not sold for human consumption shall be exempt from the requirements of this chapter, provided that the product is labeled "not for human consumption" in prominent lettering. [L 1988, c 304, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 328D. Bottled Water › 328D-9 Administrative penalties.

§328D-9 Administrative penalties.
(a) Any person who violates this chapter or any rule adopted by the department pursuant to this chapter 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 chapter, or by rules adopted pursuant to this chapter, 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 1988, c 304, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 328D. Bottled Water › 328D-10 Injunctive relief.

§328D-10 Injunctive relief.
The director may institute a civil action in any court of competent jurisdiction for injunctive relief to prevent any violation of this chapter or any rule adopted to implement this chapter. The court shall have powers to grant relief in accordance with the Hawaii rules of civil procedure. [L 1988, c 304, pt of §1]
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 19. Health › 328E. Intoxicating Compounds › 328E-2 Use prohibited.

§328E-2 Use prohibited.
No person shall breathe, inhale or drink any compound, liquid or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis or irrational behavior, or in any manner changing, distorting or disturbing the auditory, visual or mental processes. For the purposes of this chapter, any such condition so induced shall be deemed to be an intoxicated condition. [L 1970, c 204, §2]
Cross References
Use of certain chemical substances as inhalants, see §330-8.
2023 Hawaii Revised Statutes › Title 19. Health › 328E. Intoxicating Compounds › 328E-3 Sale or delivery to person under eighteen.

§328E-3 Sale or delivery to person under eighteen.
No person shall knowingly sell or offer for sale, deliver or give to any person under 18 years of age, unless upon written order of such person's parent or guardian, any compound liquid or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance which will induce an intoxicated condition, as defined herein, when the seller, offeror or deliveror knows or has reason to know that such compound is intended for use to induce such condition. [L 1970, c 204, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 328E. Intoxicating Compounds › 328E-4 When not applicable.

§328E-4 When not applicable.
This chapter shall not apply to any person who commits any act described herein pursuant to the direction or prescription of a practitioner, as defined in the "Hawaii Food, Drug and Cosmetic Act" (section 328-16). [L 1970, c 204, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 328J. Smoking › 328J-2 Prohibition in facilities owned by the State or the counties

§328J-2 Prohibition in facilities owned by the State or the counties
. Smoking shall be prohibited in all enclosed or partially enclosed areas, including buildings and vehicles owned, leased, or operated by the State or any county. [L 2006, c 295, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 328J. Smoking › 328J-3 Prohibition in enclosed or partially enclosed places open to the public.

§328J-3
Prohibition in enclosed or partially enclosed places open to the public
. Smoking shall be prohibited in all enclosed or partially enclosed areas open to the public, including but not limited to the following places:
(1) Airports and public transportation facilities and vehicles, including buses and taxicabs, under the authority of the State or county, and ticket, boarding, and waiting areas of public transit depots, including airports from curb to cabin and including all areas within and immediately in front of and adjacent to passenger terminals and pick-up areas, throughout the airport facility, and up to the passenger loading gates of all state airports;
(2) Aquariums, galleries, libraries, and museums;
(3) Areas available to and customarily used by the general public, including but not limited to restrooms, lobbies, reception areas, hallways, and other common areas, in businesses and nonprofit entities patronized by the public, including but not limited to professional offices, banks, laundromats, hotels, and motels;
(4) Bars;
(5) Bowling alleys;
(6) Convention facilities;
(7) Educational facilities, both public and private;
(8) Elevators;
(9) Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance, except when part of the performance;
(10) Health care facilities;
(11) Hotel and motel lobbies, meeting rooms, and banquet facilities;
(12) Licensed child care and adult day care facilities;
(13) Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, multifamily dwellings, and other multiple-unit residential facilities;
(14) Nightclubs;
(15) Polling places;
(16) Restaurants;
(17) Retail stores;
(18) Rooms, chambers, places of meeting or public assembly under the control of an agency, board, commission, committee or council of the State or county, to the extent the place is subject to the jurisdiction of the State or county;
(19) Service lines; and
(20) Shopping malls. [L 2006, c 295, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 328J. Smoking › 328J-5 Prohibition in sports arenas, outdoor arenas, stadiums, and amphitheaters

§328J-5 Prohibition in sports arenas, outdoor arenas, stadiums, and amphitheaters
. Smoking shall be prohibited in the enclosed or partially enclosed areas and in seating areas of sports arenas, outdoor arenas, stadiums, and amphitheaters. [L 2006, c 295, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 328J. Smoking › 328J-6 Presumptively reasonable distance.

§328J-6
Presumptively reasonable distance
. Smoking is prohibited within a presumptively reasonable minimum distance of twenty feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed or partially enclosed area where smoking is prohibited. Owners, operators, managers, employers, or other persons who own or control a place open to the public or place of employment may seek to rebut the presumption that twenty feet is a reasonable distance by submitting an application to the department. The presumption will be rebutted if the applicant can show by clear and convincing evidence that, given the circumstances presented by the location of entrances, exits, windows that open, ventilation intakes, or other factors, smoke will not infiltrate into the place open to the public or place of employment. [L 2006, c 295, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 328J. Smoking › 328J-7 Exceptions

§328J-7 Exceptions
. Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of sections 328J-3, 328J-4, and 328J-5:
(1) Private residences, except when used as a licensed child care, adult day care, or health care facility;
(2) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided that not more than twenty per cent of rooms rented to guests in a hotel or motel may be so designated. All smoking rooms on the same floor shall be contiguous and smoke from these rooms shall not infiltrate into areas where smoking is prohibited under this chapter. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms;
(3) Retail tobacco stores; provided that smoke from these places shall not infiltrate into areas where smoking is prohibited under this chapter;
(4) Private and semiprivate rooms in nursing homes and long-term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted; provided that smoke from these places shall not infiltrate into areas where smoking is prohibited under this chapter;
(5) Outdoor areas of places of employment except those covered by the provisions of sections 328J-3 and 328J-5;
(6) All areas covered by this chapter when smoking is part of a production being filmed; and
(7) State correctional facilities; provided that smoking shall only be authorized for employees and volunteers of a correctional facility in an area outside the secure confines of a correctional facility restricted from access by inmates or detainees that has been designated by the warden of a correctional facility. [L 2006, c 295, pt of §2; am L 2009, c 99, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 328J. Smoking › 328J-8 Declaration of establishment as nonsmoking.

§328J-8
Declaration of establishment as nonsmoking
. (a) Notwithstanding any other provision of this chapter, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that an entire establishment, facility, or outdoor area or any part thereof as a place where smoking is prohibited.
(b) Smoking shall be prohibited in any place in which a sign conforming to the requirements of section 328J-9 is posted. [L 2006, c 295, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 328J. Smoking › 328J-9 Signs.

§328J-9
Signs
. Clearly legible signs that include the words "Smoking Prohibited by Law" with letters of not less than one inch in height or the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly and conspicuously posted in and at the entrance to every place open to the public and place of employment where smoking is prohibited by this chapter by the owner, operator, manager, or other person in control of that place. [L 2006, c 295, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 328J. Smoking › 328J-10 Nonretaliation and nonwaiver of rights.

§328J-10
Nonretaliation and nonwaiver of rights
. (a)
No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this chapter or reports or attempts to prosecute a violation of this chapter.
(b) An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. [L 2006, c 295, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 328J. Smoking › 328J-11 Compliance and administration.

§328J-11
Compliance and administration
. (a) Enforcement of compliance with this chapter shall be under the jurisdiction of the department.
(b) The director shall adopt rules under chapter 91 as are appropriate to carry out the purposes of this chapter and for the efficient administration thereof.
(c) Any citizen who wants to register a complaint under this chapter may initiate an enforcement action with the department as set forth by the director.
(d) An owner, manager, operator, or employee of an establishment regulated by this chapter shall inform persons violating this chapter of its provisions.
(e) Notwithstanding any other provision of this chapter, an employee or private citizen may bring legal action to enforce this chapter.
(f) Notwithstanding any other provision of this chapter, the department, other appropriate county agency, county, or any other person aggrieved by the failure of the owner, operator, manager, or other person in control of a place open to the public or a place of employment to comply with this chapter may apply for injunctive relief to enforce this chapter in any court of competent jurisdiction. [L 2006, c 295, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 328J. Smoking › 328J-11.5 Statewide concern.

§328J-11.5 Statewide concern.
(a) Sales of cigarettes, tobacco products, and electronic smoking devices are a statewide concern. It is the intent of the legislature to regulate the sale of cigarettes, tobacco products, and electronic smoking devices in a uniform and exclusive manner.
(b) All local ordinances or regulations that regulate the sale of cigarettes, tobacco products, and electronic smoking devices are preempted, and existing local laws and regulations conflicting with this chapter are null and void.
(c) Nothing in this chapter shall be construed to limit a county's authority under section 328J-15. [L 2018, c 206, §6]
2023 Hawaii Revised Statutes › Title 19. Health › 328J. Smoking › 328J-12 Penalties.

§328J-12
Penalties
. (a) A person who smokes in an area where smoking is prohibited by this chapter shall be guilty of a violation and fined not more than $50 to be deposited into the general fund. The district courts may assess costs not to exceed $25 for issuing a penal summons upon any person who fails to appear at the place within the time specified in the citation issued to the person.
(b) Any authorized police officer, upon making an arrest, shall take the name and address of the alleged violator and shall issue the violator a summons or citation in writing.
(c) There shall be provided for use by an officer or employee of the respective government jurisdictions, duly authorized to issue a summons or citation, or any police officer, a form of summons or citation for use in citing a violator of this chapter that shall not provide for the physical arrest of the violator. The form and content of this summons or citation shall be as adopted or prescribed by the administrative judge of the district court. When a citation is issued, the original of the citation shall be given to the violator; provided that the administrative judge of the district court may prescribe that the violator be given a copy of the citation and provide for the disposition of the original and any other copies. Every citation shall be consecutively numbered and each copy shall bear the same number as its respective original.
(d) If any person fails to comply with a penal summons given to the person, the court shall issue a warrant for the person's arrest.
(e) Any police officer or other officer or employee of the respective government jurisdictions may eject from the premises any person to whom a citation has been issued and who continues to smoke after the person has been so cited.
(f) A person who owns, manages, operates, or otherwise controls any place or facility designated by this chapter and fails to comply with this chapter shall be guilty of a violation and fined:
(1) Not more than $100 for a first violation;
(2) Not more than $200 for a second violation within one year of the date of the first violation; and
(3) Not more than $500 for each additional violation within one year of the date of the preceding violation.
(g) In addition to the fines established by this section, violation of this chapter by a person who owns, manages, operates, or otherwise controls any place or facility designated by this chapter may result in the suspension or revocation of any permit or license issued to the person or the place for the premises on which the violation occurred.
(h) Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation. [L 2006, c 295, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 328J. Smoking › 328J-13 Public education.

§328J-13 Public education.
The department shall engage in a public education program to explain and clarify the purposes and requirements of this chapter to the public, and to guide owners, operators, and managers in their compliance with it. The program may include but is not limited to publication of a brochure for affected businesses and individuals explaining this chapter. [L 2006, c 295, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 328J. Smoking › 328J-15 County ordinances.

§328J-15
County ordinances
. (a) Nothing in this chapter shall be construed to supersede or in any manner affect a county smoking ordinance; provided that the ordinance is at least as protective of the rights of nonsmokers as this chapter.
(b) Nothing in this chapter shall prohibit a county from enacting ordinances more stringent than this chapter. [L 2006, c 295, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 328J. Smoking › 328J-16 Cigarette sales from vending machines and by lunch wagons prohibited.

§328J-16
Cigarette sales from vending machines and by lunch wagons prohibited.
(a) The sale or distribution at no charge of cigarettes by the following methods is prohibited:
(1) From cigarette vending machines unless the vending machine is located in a bar, cabaret, or any establishment for which the minimum age for admission is eighteen; or
(2) From a lunch wagon engaging in any sales activity within one thousand feet of any public or private elementary or secondary school grounds.
(b) Violations of subsection (a), including placement of a cigarette vending machine in a location other than a bar, cabaret, or any establishment for which the minimum age for admission is eighteen, are subject to a fine of up to $1,000 per day for each violation.
(c) As used in this section:
"Cigarette vending machine" means a self-service device that dispenses cigarettes, cigars, tobacco, or any other product containing tobacco.
"Lunch wagon" means a mobile vehicle designed and constructed to transport food and from which food is sold to the general public and includes but is not limited to manapua trucks.
"Sell" or "sale" means to solicit and receive an order for; to have, keep, offer, or expose for sale; to deliver for value or in any other manner than purely gratuitously; to peddle; to keep with intent to sell; or to traffic in. [L 2006, c 295, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 328J. Smoking › 328J-17 Distribution of sample cigarette or tobacco products, cigarette or tobacco promotional materials, and coupons redeemable for cigarette or tobacco products or promotional materials.

§328J-17 Distribution of sample cigarette or tobacco products, cigarette or tobacco promotional materials, and coupons redeemable for cigarette or tobacco products or promotional materials.
(a) It is unlawful for any person to distribute samples of cigarette or tobacco products, or coupons redeemable for cigarette or tobacco products, in or on any public street, sidewalk, or park, or within one thousand feet of any elementary, middle or intermediate, or high school.
(b) It is unlawful for any person to distribute cigarette or tobacco promotional materials, or coupons redeemable for cigarette or tobacco promotional materials, within one thousand feet of any elementary, middle or intermediate, or high school.
(c) This section shall not apply:
(1) Within private commercial establishments, such as stores and restaurants, where tobacco products are sold, as long as distribution is not visible to the public from outside the establishment; or
(2) To commercial establishments where access to the premises by persons under eighteen years of age is prohibited by law.
(d) Any person convicted of violating this section shall be fined not more than $1,000.
(e) As used in this section:
"Distribute" means to pass out to members of the general public free of charge for the exclusive purpose of promoting a product. [L 2006, c 295, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 328J. Smoking › 328J-18 Placement of cigarettes and tobacco products.

§328J-18
Placement of cigarettes and tobacco products.
(a) Except as otherwise provided under this section, a retailer may sell cigarettes, smokeless tobacco, and all other tobacco products only in a direct, face-to-face exchange between the retailer and the consumer. Examples of methods of sale that are not permitted include vending machines and self-service displays.
(b) A retailer may only display or store cigarettes and tobacco products:
(1) Behind a sales counter or in any other area of the establishment that is inaccessible to the public; or
(2) In a locked container.
(c) This section shall not apply to:
(1) A duty-free sales enterprise selling duty-free merchandise in accordance with the provisions of title 19 United States Code section 1555(b), and any implementing regulations; and
(2) Retail tobacco stores, bars, or any other establishment for which the minimum age for admission is eighteen. [L 2013, c 227, §3; am L 2018, c 206, §7]
2023 Hawaii Revised Statutes › Title 19. Health › 328L. Hawaii Tobacco Settlement Moneys › 328L-1 Definitions.

§328L-1 Definitions.
Whenever used in this chapter, unless the context otherwise requires:
"Children's health program" means health care for needy children.
"Department" means the department of health.
"Director" means the director of health.
"Health promotion and disease prevention programs" means those public health programs that attempt to reduce resources spent on treating preventable illness and functional impairment, enhance the quality of life, and reduce disparities in the health status of populations.
"Tobacco prevention and control" means activities or programs that attempt to reduce tobacco consumption.
"Tobacco settlement moneys" refers to moneys received by the State pursuant to the tobacco master settlement agreement. [L 1999, c 304, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 328L. Hawaii Tobacco Settlement Moneys › 328L-2 Hawaii tobacco settlement special fund.

§328L-2 Hawaii tobacco settlement special fund.
(a) There is established in the state treasury the Hawaii tobacco settlement special fund into which shall be deposited:
(1) All tobacco settlement moneys; and
(2) All interest and earnings accruing from the investment of moneys in the fund;
provided that of all tobacco settlement moneys received by the State each fiscal year, the sum representing the first $350,000 of those moneys shall first be deposited in the state treasury in each fiscal year to the credit of the tobacco enforcement special fund. The Hawaii tobacco settlement special fund shall be administered by the department.
(b) The fund shall be used for the purpose of receiving, allocating, and appropriating the tobacco settlement moneys as follows:
(1) Fifteen per cent shall be appropriated into the emergency and budget reserve fund under section 328L-3;
(2) Twelve and one-half per cent shall be appropriated into the Hawaii tobacco prevention and control trust fund under section 328L-5;
(3) Twenty-six per cent shall be appropriated into the university revenue-undertakings fund created in section 304A-2167.5, to be applied to the payment of the principal of and interest on, and to generate required coverage, if any, for, revenue bonds issued by the board of regents of the University of Hawaii to finance the cost of construction of a university health and wellness center, including a new medical school facility, to be situated on the island of Oahu; and
(4) Any remaining amounts shall be deposited to the credit of the state general fund;
in the succeeding fiscal year. [L 1999, c 304, pt of §2; am L 2001, c 270, §11; am L Sp 2001 3d, c 14, §2; am L 2003, c 177, §6 and c 178, §57; am L 2006, c 75, §11; am L 2007, c 264, § §1, 4; am L 2008, c 16, §22; am L 2009, c 119, § §2, 6; am L 2010, c 138, §2; am L 2011, c 124, §59; am L 2012, c 2, § §2, 6; am L 2015, c 118, §2]
Case Notes
Where plaintiffs, Hawai`i medicaid recipients who suffered from tobacco-related illnesses, alleged that state officials violated and continued to violate federal disbursement rules for medicaid recovery: plaintiffs had standing; plaintiffs' claims were ripe for adjudication; suit not barred by sovereign immunity under the Eleventh Amendment; plain language of amendment to federal medicaid statute barred plaintiffs' claims to any portion of master settlement agreement funds. 311 F.3d 929 (2002).
2023 Hawaii Revised Statutes › Title 19. Health › 328L. Hawaii Tobacco Settlement Moneys › 328L-6 Tobacco prevention and control advisory board.

§328L-6 Tobacco prevention and control advisory board.
(a) There is established a tobacco prevention and control advisory board under the department for administrative purposes.
(b) The tobacco prevention and control advisory board shall consist of members who are involved in tobacco prevention and control. Membership of the board shall be as follows:
(1) One member of the governor's staff, appointed by the governor;
(2) One member to be appointed by the governor from a list of two names submitted by the president of the senate;
(3) One member to be appointed by the governor from a list of two names submitted by the speaker of the house of representatives;
(4) The director or the director's designee;
(5) The superintendent of education or the superintendent's designee;
(6) Three members having demonstrated interest in and having backgrounds beneficial to controlling and preventing the use of tobacco, appointed by the director of health; and
(7) Three members representing populations at risk for tobacco use, appointed by the governor.
(c) Members shall:
(1) Be appointed or designated, as applicable, without regard to section 26-34;
(2) Serve without compensation; and
(3) Serve for a term of three years.
(d) The tobacco prevention and control advisory board, in collaboration with the department, shall develop a strategic plan for tobacco prevention and control, including:
(1) Developing and implementing effective and cost efficient programs, including health promotion and disease prevention;
(2) Developing adequate standards and benchmarks by which measures of program success under paragraph (1) of this subsection may be appropriately evaluated; and
(3) Assessing the effectiveness of programs engaged in health promotion and disease prevention.
The strategic plan shall be in writing and shall be a public document.
(e) The tobacco prevention and control advisory board shall advise the on the administration of the Hawaii tobacco prevention and control trust fund. [L 1999, c 304, pt of §2]
Note
Subsection (e) is printed as enacted.
2023 Hawaii Revised Statutes › Title 19. Health › 328L. Hawaii Tobacco Settlement Moneys › 328L-7 Limitation on bond requirements in litigation involving master settlement agreement signatories, successors, and affiliates.

§328L-7 Limitation on bond requirements in litigation involving master settlement agreement signatories, successors, and affiliates.
(a) In civil litigation under any legal theory involving a signatory, a successor of a signatory, or an affiliate of a signatory to the tobacco master settlement agreement, the supersedeas bond to be furnished to stay the execution of the judgment during the entire course of appellate review shall be set in accordance with applicable laws or court rules, except that the total bond that is required of all appellants collectively shall not exceed $150,000,000, regardless of the amount of the judgment.
(b) Notwithstanding subsection (a), if an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid the payment of a judgment, a court may require the appellant to post a bond in an amount up to the full amount of the judgment. [L 2004, c 157, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-2 Hawaii advisory commission on drug abuse and controlled substances; number; appointment.

§329-2 Hawaii advisory commission on drug abuse and controlled substances; number; appointment.
There shall be established a state advisory commission on drug abuse and controlled substances consisting of not more than fifteen nor less than nine members appointed by the governor, as provided in section 26-34. The members shall be selected on the basis of their ability to contribute to the solution of problems arising from the abuse of controlled substances, and to the extent possible, shall represent the pharmacological, medical, community and business affairs, youth action, educational, legal defense, enforcement, and corrections segments of the community. One of the appointed members shall be a member of the state council on mental health established by section 334-10, and shall be knowledgeable about the community and the relationships between mental health, mental illness, and substance abuse. The commission shall elect a chairperson from among its members. The members shall serve without compensation, but shall be paid their necessary expenses in attending meetings of the commission. The commission shall be a part of the department of health for administrative purposes; provided that the department of health shall appoint an ex-officio non-voting representative to the commission who shall regularly attend meetings of both this commission and the state council on mental health, and make regular reports to both bodies. [L 1972, c 10, pt of §1 and am c 114, §2(4); am L 1985, c 7, §1; am L 1987, c 198, §1; am L 1993, c 210, §1]
Cross References
Needle exchange program, see chapter 325, part VII.
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-3 Annual report.

§329-3 Annual report.
The commission shall prepare and present to the governor in the month of January in each year a report respecting its actions during the preceding fiscal year, together with its recommendations respecting legislation, copies of which reports shall be furnished by the governor to the legislature. [L 1972, c 10, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-4 Duties of the Hawaii advisory commission on drug abuse and controlled substances.

§329-4
Duties of the Hawaii advisory commission on drug abuse and controlled substances.
The Hawaii advisory commission on drug abuse and controlled substances shall:
(1) Assist the department of health in coordinating all action programs of community agencies (state, county, military, or private) specifically focused on the problem of drug abuse;
(2) Assist the department of health in carrying out educational programs designed to prevent and deter abuse of controlled substances;
(3) Create public awareness and understanding of the problems of drug abuse;
(4) Sit in an advisory capacity to the governor and other state departments as may be appropriate on matters relating to the commission's work; and
(5) Act in an advisory capacity to the director of health in substance abuse matters under chapter 321, part XVI. For the purposes of this paragraph, "substance" shall include alcohol in addition to any drug on schedules I through IV of this chapter and any substance that includes in its composition volatile organic solvents. [L 1972, c 10, pt of §1 and am c 114, §2(3); am L 1975, c 190, §3; am L 1990, c 281, §5; am L 2012, c 87, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-12 Nomenclature.

§329-12 Nomenclature.
The controlled substances listed or to be listed in the schedules in sections 329-14, 329-16, 329-18, 329-20, and 329-22 are included by whatever official, common, usual, chemical, or trade name designated. [L 1972, c 10, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-17 Schedule III tests.

§329-17 Schedule III tests.
A substance shall be placed in schedule III if the substance has a degree of danger or probable danger less than the substances listed in schedules I and II according to the determination made pursuant to section 329-11. [L 1972, c 10, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-19 Schedule IV tests.

§329-19 Schedule IV tests.
A substance shall be placed in schedule IV if the substance has a degree of danger or probable danger less than the substances listed in schedule III according to the determination made pursuant to section 329-11. [L 1972, c 10, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-21 Schedule V tests.

§329-21 Schedule V tests.
A substance shall be placed in schedule V if it has a degree of danger or probable danger less than the substances listed in schedule IV according to the determination made pursuant to section 329-11. [L 1972, c 10, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 329. Uniform Controlled Substances Act › 329-22 Schedule V.

§329-22 Schedule V.
(a) The controlled substances listed in this section are included in schedule V.
(b) Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:
(1) Not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;
(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams; and
(6) Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
(c) Stimulants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers.
(d) Depressants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers:
(1) Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl]butanamide) (Other names: BRV; UCB-34714; Briviact) and its salts;
(2) Ganaxolone (3[alpha]-hydroxy-3[beta]-methyl-5[alpha]-pregnan-20-one);
(3) Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide], (Vimpat);
(4) Lasmiditan (2,4,6-trifluoro-N-(6-(1-methylpiperidine-4-carbonyl)pyridine-2-yl-benzamide); and
(5) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid]. [L 1972, c 10, pt of §1; am L 1978, c 68, §6; am L 1985, c 150, §4; am L 2003, c 151, §6; am L 2008, c 119, §6; am L 2010, c 123, §4; am L 2017, c 155, §3; am L 2019, c 95, §1; am L 2021, c 233, §4; am L 2022, c 106, §4; am L 2023, c 162, §3]