§328-2 Same; label, etc. "Label" means a display of written, printed, or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this part that any word, statement, or other information appears on the label shall not be considered to be complied with unless the word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of the article, or is easily legible through the outside container or wrapper.
"Immediate container" does not include package liners.
"Labeling" means all labels and other written, printed, or graphic matter (1) upon an article or any of its containers or wrappers, or (2) accompanying the article.
"Package" means any container or wrapping in which any consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers, but does not include (1) shipping containers or wrappings used solely for the transportation of any consumer commodity in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof; (2) shipping containers or outer wrappings used by retailers to ship or deliver any commodity to retail customers if such containers and wrappings bear no printed matter pertaining to any particular commodity.
"Principal display panel" means that part, or those parts, of a package or label that is, or are, so designed as to most likely be displayed, presented, shown or examined under normal and customary conditions of display and purchase.
Whenever the principal display panel of the package is not coincident with the principal display panel of the label, the principal display panel of the package shall govern the declaration of quantity type size and the principal display panel of the label shall govern its location.
Whenever a difference of opinion exists as to which panel of a package constitutes the principal display panel, the larger panel most likely to be displayed shall be so construed.
Whenever a consumer package has more than one principal display panel, each such panel shall bear all mandatory information required by this part and by the Federal Act.
"Principal labeler" means the manufacturer, packer, or distributor whose name is on the package which contains the finished drug and is distributed to the dispenser. If more than one name is on the package, the principal labeler shall be the manufacturer, packer, or distributor whose name is on the package and who had possession of the package immediately before the dispenser of the drug. [L 1941, c 318, pt of §2; RL 1945, §2202; RL 1955, §51-2; HRS §328-2; am L 1972, c 151, pt of §2; am L 1977, c 58, §43; am L 1982, c 122, §1(2)]
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.