§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]
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.