Hawaii Revised Statutes
328. Food, Drugs, and Cosmetics
328-91 Definitions.

Cross References
Pharmacy benefit managers; health information; prohibited marketing practices, see §487J-7.
Prescription drug benefits, see chapter 431R.
Prescription drugs; mail order opt out option, see §87A-16.3.
§328-91 Definitions. As used in this part:
"Agent" means a person under the direct supervision of a pharmacist, acting in the pharmacist's presence.
"Bioequivalents" means chemical equivalents which, when administered to the same individuals in the same dosage regimen, will result in comparable bioavailability, as defined by the Federal Food and Drug Administration.
"Biological product" or "biologic product" has the same meaning as defined in Title 42 United States Code section 262, as the same may be amended.
"Drug product" means a drug as defined in section 328-1 other than a biological product as defined in this part.
"Equivalent generic drug product" means a drug product approved by the director as substitutable by pharmacists and included in the Hawaii list of equivalent generic drug products and interchangeable biological products.
"Hawaii list of equivalent generic drug products and interchangeable biological products" means the list of equivalent generic drug products and interchangeable biological products, which may include references to the Orange Book, the Purple Book, and other published findings and approvals of the United States Food and Drug Administration, created and published by the director pursuant to the director's authority in this part to approve drug products and biological products that pharmacists may substitute with equivalent generic drug products and interchangeable biological products.
"Interchangeable biological product" means a biological product approved by the director as substitutable by pharmacists and included in the Hawaii list of equivalent generic drug products and interchangeable biological products.
"Maximum allowable cost" means the maximum amount that a pharmacy benefit manager shall reimburse a pharmacy for the cost of a drug.
"Maximum allowable cost list" means a list of drugs for which a maximum allowable cost has been established by a pharmacy benefit manager.
"Obsolete" means a drug that may be listed in a national drug pricing compendia but cannot be dispensed based on the expiration date of the last lot manufactured.
"Orange Book" means the United States Food and Drug Administration's "Approved Drug Products with Therapeutic Equivalence Evaluations" publication and its cumulative supplements, which include a list of approved prescription drug products with therapeutic equivalence evaluations.
"Purple Book" means the United States Food and Drug Administration's "Lists of Licensed Biological Products with Reference Product Exclusivity and Biosimilarity or Interchangeability Evaluations" publication and its cumulative supplements, which include lists of licensed biological products with biosimilarity and interchangeability evaluations.
"Savings" means the financial benefit derived from utilizing the substituted equivalent generic drug product or interchangeable biological product from the perspective of the consumer or the ultimate payer, including third party payers.
"United States Food and Drug Administration-approved generic drug product with therapeutic equivalency evaluations" means a generic drug product approved for marketing by the United States Food and Drug Administration pursuant to 21 C.F.R. Part 314 and with established bioequivalency to the referenced brand drug pursuant to 21 C.F.R. Part 320. [L 1980, c 187, pt of §1; am L 1982, c 122, §1(3); am L 1996, c 209, §2; am L 1997, c 214, §10; am L 1999, c 209, §1; am L 2003, c 56, §5; am L 2004, c 28, §2; am L 2015, c 175, §2; am L 2016, c 242, §3; am L 2017, c 12, §63]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 19. Health

328. Food, Drugs, and Cosmetics

328-1 Definitions.

328-2 Same; label, etc.

328-2.1 REPEALED.

328-3 Same; misbranding or misleading advertisement.

328-4 Same; antiseptic, germicide; new drug; contamination.

328-5 Same; "selling" includes what.

328-6 Prohibited acts.

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.

328-11 Regulations to prevent contamination; emergency permits to manufacturers, processors and packers.

328-12 Suspension and reinstatement of permits.

328-12.3 Protection of food.

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.

328-17.9 Supply of electronic equipment. No person shall supply prescription information processing system equipment, including computer hardware, software, facsimile machines, and related equipment, to practitioners, pharmacists, pharmacies, or medi...

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.

328-22 Duties of department.

328-23 Inspection powers of director.

328-24 Furnishing of samples to director.

328-25 Director's right to inspect, require recordkeeping, demand records, seize, and conduct hearings.

328-26 Disposal of questioned articles; court orders; expenses; bond.

328-27 Perishables destroyed when.

328-28 Duties of county attorneys, prosecuting attorney.

328-29 Penalty; exceptions.

328-30 Administrative penalties.

328-31 Injunctive relief.

328-41 Definitions.

328-42 Department of health regulations.

328-43 Records, food to be marked.

328-44 Bad food; bait.

328-45 Length of storage time.

328-46 Restorage prohibited.

328-47 Cold stored goods to be labeled; sales of.

328-48 Penalty.

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.

328-61 Notifying consumer.

328-62 Description of label.

328-63 Injunction.

328-64 Offense, penalty.

328-65 Administration and enforcement.

328-66 Thawed food.

328-71 Definitions.

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.

328-76 Penalty.

328-79 Home-based agricultural producer of honey; exemption.

328-80 Home-based agricultural producer of honey; inspections.

328-81 to 89 REPEALED.

328-91 Definitions.

328-92 Drug product and biological product selection.

328-93 REPEALED.

328-94 Prescription record.

328-95 REPEALED.

328-96 Hawaii list of equivalent generic drug products and interchangeable biological products.

328-97 Posting requirements.

328-98 Pharmacist liability.

328-99 Exceptions.

328-100 REPEALED.

328-101 REPEALED.

328-102 Criminal penalty.

328-103 Administrative penalties.

328-104 Injunctive relief.

328-105 Powers and duties.

328-106 Pharmacy benefit manager; maximum allowable cost.

328-111 Objective.

328-112 Definitions.

328-113 Rules.

328-114 Notice.

328-115 Inspection.

328-116 Penalty; exceptions.

328-117 Administrative penalties.

328-118 Injunctive relief.

328-119 Minimum requirements for the storage and handling of prescription drugs.

328-120 Recordkeeping.

328-121 Written policies and procedures.

328-122 Responsible persons.

328-123 Salvaging and reprocessing.