§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]
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.