§328-12.7 Display of unpackaged processed food. (a) Unpackaged processed food, except potentially hazardous food, may be displayed and sold in bulk in self-service containers if all of the following conditions are satisfied:
(1) Each self-service container has a tight-fitting lid permanently attached in a manner that prevents the lid from touching the floor, which is kept in a closed position at all times except during customer service;
(2) Each self-service container has a utensil with a handle for dispensing the food;
(3) Self-service containers, lids, and utensils are constructed of nontoxic materials and provide for easy cleaning and repair;
(4) Self-service containers, lids, and utensils are maintained in a sanitary condition and in a manner that prevents spoilage and infestation;
(5) A sign is posted prominently and conspicuously within the immediate display area directing customers to utilize the utensils provided when serving themselves; and
(6) A label is conspicuously displayed in plain view of the customer and securely attached to each self-service container or in a clear relationship thereto, which contains the following:
(A) Common name of product; and
(B) Declaration of each ingredient used in the manufacture by their common or usual name in descending order of predominate weight. This declaration shall be provided in writing to the food establishment by the manufacturer, packer, or distributor.
(b) Unpackaged processed food may be displayed and sold in bulk in other than self-service containers if all of the following conditions are satisfied:
(1) The food is served by an employee of the food establishment directly to a consumer; and
(2) The food is displayed in clean, sanitary, and covered or otherwise protected containers.
(c) If the director makes a specific finding that a disease is actually transmitted by the method of dispensing unpackaged processed food, as prescribed by this section, the director may establish by rule greater restrictions on the sale of such food than are required by this section. Such rule shall bear directly on the specific relationship between the disease actually transmitted and the dispensing methods permitted by this section. [L 1983, c 150, pt of §1]
Structure Hawaii Revised Statutes
328. Food, Drugs, and Cosmetics
328-3 Same; misbranding or misleading advertisement.
328-4 Same; antiseptic, germicide; new drug; contamination.
328-5 Same; "selling" includes what.
328-7 Remedies for violation of law.
328-8 Regulations to be prescribed.
328-9 Foods deemed adulterated when.
328-10 Foods deemed misbranded when.
328-10.5 Regulations for exemption from labeling requirements.
328-12 Suspension and reinstatement of permits.
328-12.4 Food establishments; use of latex gloves prohibited.
328-12.7 Display of unpackaged processed food.
328-13 Adding of poisonous or deleterious substance, regulation of.
328-14 Drugs or devices deemed adulterated when.
328-15 Drugs or devices deemed misbranded when; prescriptions excepted, when.
328-16 Drugs limited to dispensing on prescription.
328-16.2 Customized patient medication package.
328-16.5 Prescription labeling.
328-17 New drugs, regulation of sale, etc.; exceptions.
328-17.5 Principal labeler responsibility under recall of drug.
328-17.6 Out-of-state prescriptions.
328-17.7 Record of prescriptions.
328-17.8 Electronic prescription information.
328-18 Cosmetics deemed adulterated when.
328-19 Cosmetics deemed misbranded when.
328-19.1 Consumer commodities; labeling; packaging.
328-20 False advertising; exceptions.
328-21 Rules and regulations, hearings.
328-23 Inspection powers of director.
328-24 Furnishing of samples to director.
328-26 Disposal of questioned articles; court orders; expenses; bond.
328-27 Perishables destroyed when.
328-28 Duties of county attorneys, prosecuting attorney.
328-30 Administrative penalties.
328-42 Department of health regulations.
328-43 Records, food to be marked.
328-45 Length of storage time.
328-47 Cold stored goods to be labeled; sales of.
328-49 What fish and when same may be put in cold storage for future sale.
328-50 Fishing on commercial fishing vessels.
328-51 Causing preventable deterioration of; penalty.
328-65 Administration and enforcement.
328-72 Flour must be enriched.
328-73 Bread, rolls, buns, standard for.
328-74 Flour, wrapped bread, rolls, standard for.
328-75 Enforcement; suspension.
328-79 Home-based agricultural producer of honey; exemption.
328-80 Home-based agricultural producer of honey; inspections.
328-92 Drug product and biological product selection.
328-96 Hawaii list of equivalent generic drug products and interchangeable biological products.
328-103 Administrative penalties.
328-106 Pharmacy benefit manager; maximum allowable cost.
328-117 Administrative penalties.
328-119 Minimum requirements for the storage and handling of prescription drugs.