11-29

§11-29-1
§11-29-2
§11-29-3
§11-29-4
§11-29-5
§11-29-6
§11-29-7
§11-29-8
§11-29-9
§11-29-10
§11-29-11
TITLE 	11
DEPARTMENT OF 	HEALTH
CHAPTER 	29
FOOD AND 	FOOD 	PRODUCTS
Purpose
Definitions
Meat, 	meat 	products, 	poultry, 	poultry
products, 	dog, 	and 	cat 	food
Aquatic 	foods
Crude 	salt
Poi
§11-29-2
Definitions 	and 	standards 	for 	other 	foods;
exceptions
Other 	food 	rules
False 	and misleading 	representation 	of
geographical 	origin
Penalty
Severability
Historical 	Note: 	Chapter 	29 	of 	Title 	11 	is 	based
substantially on 	Public 	Health 	Regulations 	Chapter 	4,
Food 	and 	Food 	Products, 	Board 	of 	Health, 	Territory 	of
Hawaii. 	[Eff. 	9/22/50; 	am 	7 /5/51; 	am 	4/20/54; 	am
11/26/54; 	am 	and 	ren 	8/5/60; 	R 	NOV O5 	1981 	]
§11-29-1 	Purpose. 	The 	purpose 	of 	this 	chapter 	is
to 	establish 	standards 	of 	identity, 	quality 	and
labeling, 	for 	foods 	and 	to 	regulate 	the 	sale 	of 	aquatic
foods 	in 	the 	interest 	of 	consumer 	protection 	and 	the
publicwelfare. 	[Eff. 	NOV051981 	] 	(Auth: 	HRS
§§321-9, 	321-10, 	321-11, 	328-8, 	328-19.1, 	328-21)
(Imp: 	HRS 	§§328-8, 	328-19.1', 	328-21)
§11-29-2 	Definitions.
"Aquatic 	food" 	includes 	all 	species 	of 	edible
plants 	and 	animals 	from 	fresh, 	brackish, 	salt, 	or 	sea
water.
"Consumer 	commodity" 	means 	any 	food, 	but 	shall 	not
include 	any meat 	or 	poultry products, 	except 	as 	these
products 	are 	sold 	at 	retail 	in 	stores 	and 	restaurants.
"Food" 	means 	(1) 	products 	used 	for 	food 	or 	drink
for 	man 	or 	animal; 	(2) 	chewing 	gum; 	and 	(3) 	components
of 	any 	such product. 	[Eff. 	NOV 	0 5 1981 	] 	(Auth:
HRS 	§§321-9, 	321-10, 	321-11, 	328-8, 	328-21) 	(Imp: 	HRS
§§328-8, 	328-21)
29-1

§11-29-3
§11-29-3 	Meat, 	meat 	products, 	poultry, 	poultry
products, 	dog, 	and 	cat 	food. 	(a) 	Any meat 	or meat
products 	or 	poultry 	or 	poultry 	products, 	if 	sold 	as 	a
consumer 	commodity, 	shall 	conform to 	the 	identity 	and
labeling 	requirements 	set 	forth 	by 	the 	Secretary of
Agriculture, 	United 	States 	Department 	of Agriculture.
As 	provided 	by 	the 	Secretary of 	Agriculture, 	raw chopped
beef, 	raw ground 	beef, 	or 	raw hamburger 	shall 	not
contain more 	than 	thirty 	per 	cent 	fat. 	If 	any 	claims
regarding 	the 	percentage 	of 	fat 	are made 	on 	the 	labeling
of 	raw chopped 	beef, 	raw ground 	beef, 	or 	raw hamburger,
the 	percentage 	of 	fat 	shall 	be 	declared 	in 	five 	per
cent 	increments 	on 	the 	labels, 	if 	packaged, 	or 	on
placards 	or 	handbills 	in 	plain 	block 	letters 	at 	least
three-eighth 	of 	an 	inch 	high, 	if 	offered 	for 	sale 	in
retail 	bulk 	form. 	The 	percentage 	of 	fat 	may 	be 	declared
as 	"No More 	Than 	% of 	Fat," 	or 	"Less 	Than 	%
Fat," 	or 	a 	similar 	statement which 	is 	not 	false 	or
misleading.
(b) 	Dog 	and 	cat 	food 	or 	any 	similar 	terms 	used 	in
connection with 	any 	product 	shall mean 	a 	food 	product
that 	is 	wholesome 	and 	nutritious 	for 	dogs 	and 	cats 	and
shall 	comply with 	the 	following 	label 	requirements.
(1) 	The 	label 	must 	bear 	in 	legible manner, 	a
statement 	of 	the 	"Guaranteed Analysis" 	which
shall 	specify 	the minimum percentage 	of 	crude
protein 	and 	crude 	fat 	and 	the maximum percent-
age 	of 	crude 	fiber 	present 	in 	the 	food;
except 	that 	this 	requirement 	shall 	not 	apply
to 	meat, 	poultry, 	or 	fish 	scraps 	prepared 	at
the 	retail 	establishment 	at which 	it 	is 	sold.
(2) 	The 	label must 	bear 	a 	complete 	listing 	of
ingredients 	in 	accordance with 	the 	provisions
of 	21 	Code 	of 	Federal 	Regulations 	Part 	101.
(3) 	Misleading 	statements 	such 	as 	"Fit For 	Human
Food" 	which might 	be 	construed 	as 	offering
the 	product 	for 	human 	consumption 	are 	prohi-
bited. 	[Eff. 	NOV 	O 5 	1981 	] 	(Auth: 	HRS
§§321-9, 	321-10, 	321-11, 	328-21) 	(Imp: 	HRS
§§328-6, 	328-8, 	328-10, 	328-19.1)
§11-29-4 	Aquatic 	foods. 	(a) 	It 	shall 	be 	unlawful
to 	take, 	sell, 	deliver 	for 	sale, 	hold 	for 	sale, 	or
offer 	for 	sale, 	any 	aquatic 	food 	from 	any 	body of
fresh, 	brackish, 	or 	salt water which 	the 	State depart-
ment 	of 	health may 	find 	and 	declare 	to 	be 	polluted 	to
the 	extent 	that 	such 	pollution 	constitutes 	a 	condition
whereby 	the 	aquatic 	food 	found 	therein may 	have 	become
contaminated with 	filth, 	or 	rendered 	diseased, 	unwhole-
some 	or 	injurious 	to 	health.
(b) 	It 	shall 	be 	unlawful 	to 	bring 	into 	the 	State
or 	offer 	for 	sale, 	any 	form 	of 	toxin-bearing 	aquatic
29-2

§11-29-5
food, 	including, 	but 	not 	limited 	to 	balloon 	fishes
(also 	known 	as 	puffers, 	blow 	fishes, 	globe 	fishes, 	and
toad 	fishes), 	for 	food 	purposes 	except 	for 	a 	generally
recognized 	scientific 	or 	educational 	use. 	The 	depart-
ment of 	health may 	from 	time 	to 	time 	designate 	such
aquatic 	food 	and 	the 	areas 	and 	periods 	of 	the 	year 	for
which 	this 	prohibition 	shall 	apply. 	Such 	aquatic 	food
may 	be 	brought 	into 	the 	State 	by 	a 	generally 	recognized
scientific 	or 	educational 	user 	only 	upon 	the 	prior
receipt 	of 	a 	permit 	signed 	by 	an 	authorized 	agent 	of
the 	department 	of 	health. 	Such permit 	shall 	be
immediately 	revoked 	by 	the 	department 	of 	health 	or 	its
authorized 	agent 	upon 	the 	violation by 	the 	holder 	of
any 	of 	the 	terms 	of 	the 	permit.
Every 	physician 	or 	other 	authorized personnel 	of
any medical 	facility 	shall 	report 	promptly 	to 	the
department 	of 	health 	all 	cases 	or 	suspected 	cases 	of.
illness 	caused 	by 	the 	ingestion 	of 	toxic 	aquatic 	food
which 	shall 	come 	to 	his 	attention.
(cl 	Any 	article 	of 	food 	for 	use 	as 	bait 	shall 	be
stored 	separately 	and 	away 	from 	all 	other 	food 	for
human 	consumption 	and 	labeled 	"For 	Bait Use 	Only" 	in
bold 	letters 	at 	least 	one 	inch high.
(d) 	It 	shall 	be 	unlawful 	to 	offer 	for 	sale 	any
fish 	which 	have 	been 	bruised, 	torn, 	or 	otherwise
rendered 	liable 	to 	spoilage; 	except 	as 	provided 	for 	in
Section 	185-25, 	HRS, 	which 	permits 	the 	sale 	of 	certain
species 	of 	fish 	taken 	or 	killed with 	a 	spear.
(el 	Aquatic 	foods 	taken 	from 	outside 	the
boundaries 	of 	the 	State 	and 	labeled 	by 	its 	Hawaiian
name 	shall 	have 	the 	general 	geographical 	origin 	of 	the
aquatic 	food 	declared 	immediately 	and 	conspicuously
preceding 	or 	following 	such 	Hawaiian 	name, 	e.g.,
"Imported Mahimahi" 	or 	"Mainland 	Papio."
(f) 	Shellfish, 	oysters, 	clams, 	and mussels 	shall
be 	regulated by 	Chapter 	35, 	Title 	11, 	Administrative
Rule 	entitled 	"Shellfish 	Sanitation." 	[Eff. 	NOV 	O 5 1981
] 	(Auth: 	HRS 	§§321-9, 	321-10, 	321-11, 	328-8,
328-19.1, 	328-21) 	(Imp: 	HRS 	§§328-3, 	328-6, 	328-8,
328-9, 	328-10, 	328-19.1)
§11-29-5 	Crude 	salt. 	(a) 	Crude 	salt which has
not 	been 	demonstrated 	as 	being 	safe 	for 	human 	consump-
tion 	shall 	not 	be 	sold 	for 	food 	use. 	This 	salt, 	if
offered 	for 	sale, 	shall 	be 	conspicuously 	and 	durably
labeled 	as 	follows: 	"Crude 	Salt Not 	For 	Food Use."
The 	statement 	"Not 	For 	Food 	Use" 	shall 	be 	in 	bold
letters 	not 	less 	than 	one-half 	the 	size 	of 	the 	name 	of
the 	product, 	but 	in 	no 	case 	shall 	the 	letters 	be 	less
than 	one-eighth 	of 	an 	inch 	in 	print 	size. 	This 	salt
shall 	be 	offered 	for 	sale 	separately 	and 	away 	from
other 	salts 	or 	any 	foods 	intended 	for 	human 	consumption.
29-3
3 0

§11-29-5
(b) 	Hawaiian 	salt 	is 	crude 	salt 	obtained by 	the
evaporation of 	sea water 	from 	within 	the 	boundaries 	of
the 	State 	that 	has 	been 	demonstrated 	to 	be 	safe 	and
suitable 	for 	human 	consumption. 	[Eff. 	NOV 	O 5 1981
(Auth: 	HRS 	§§321-9, 	321-10, 	321-11, 	328-8, 	328-19.1,
328-21) 	(Imp: 	HRS 	§§328-3, 	328-6,328-8, 	328-9, 	328-10)
§11-29-6 	Poi. 	(a) 	Poi 	is 	the 	unadulterated
product 	of 	the 	edible 	taro 	root 	(tubers) 	made 	into
paste, 	which 	shall 	contain 	not 	less 	than 	twenty-eight
per 	cent 	of 	total 	solids.
(b) 	Ready-mixed 	poi 	means 	poi 	mixed with water
and 	containing 	not 	less 	than 	fifteen 	per 	cent 	of 	total
solids. 	The 	label 	of 	this 	food 	shall 	bear, 	in 	print 	of
uniform 	size 	and 	prominence, 	the 	words 	"Ready-Mixed
Poi." 	[Eff. 	NOV 	05 	1981 	] 	(Auth: 	HRS 	§§321-9,
321-10, 	321-11, 	328-8, 	328-19.1, 	328-21) 	(Imp: 	HRS
§§328-6, 	328-8, 	328-9, 	328-10, 	328-19.1)
§11-29-7 	Definitions 	and 	standards 	for 	other
foods; 	exceptions. 	The 	definitions 	and 	standards 	of.
identity 	and 	quality 	for 	foods, 	food 	products, 	and 	food
by-products 	not 	specifically 	identified 	or 	standardized
by 	this 	chapter 	shall 	be 	identical 	with 	the 	following
regulations 	issued 	by 	the 	United 	States 	Food 	and 	Drug
Administration:
21 	CFR Part 	103 	Quality 	Standards 	for 	Foods 	With
21 	CFR Part
21 	CFR Part
21 	CFR Part
21 	CFR Part
21 	CFR Part
21 	CFR Part
21 	CFR Part
21 	CFR Part
No 	Identity 	Standards;
130 	Food 	Standards: 	General;
133 	Cheeses 	and 	Related 	Cheese 	Products;
136 	Bakery Products;
137 	Cereal 	Flours 	and 	Related 	Products;
139 	Macaroni 	and 	Noodle 	Products;
145 	Canned 	Fruits;
146 	Canned 	Fruit 	Juices;
150 	Fruit 	Butters, 	Jellies, 	Preserves,
and 	Related 	Products;
21 	CFR Part 	152 	Fruit 	Pies;
21 	CFR Part 	155 	Canned Vegetables;
21 	CFR Part 	156 	Vegetable 	Juices;
21 	CFR Part 	158 	Frozen 	Vegetables;
21 	CFR Part 	160 	Eggs 	and 	Egg Products;
21 	CFR Part 	161 	Fish 	and 	Shellfish;
21 	CFR Part 	163 	Cacao 	Products;
21 	CFR Part 	164 	Tree 	Nut 	and 	Peanut 	Products;
21 	CFR Part 	165 	Nonalcoholic 	Beverages;
21 	CFR Part 	166 	Margarine;
21 	CFR Part 	168 	Sweeteners 	and 	Table 	Sirups;
21 	CFR Part 	169 	Food 	Dressings 	and 	Flavorings;
provided, 	however, 	the 	exceptions 	to 	the 	provisions 	of
§11-29-7 	are:
29-4

/ / / / / / / /
§11-29-8
(1) 	21 	CFR Part 	139 	relating 	to 	the 	standards 	of
identity 	for 	macaroni 	and 	noodle 	products
shall 	not 	apply 	to 	oriental 	type 	noodle
products, 	which 	include, 	but 	are 	not 	limited
to 0 Saimin," 	"Udon,'' 	nwun 	tun, 0 	1
'Chow Funn,"
"Japanese 	noodles," 	"Ramen noodles," 	"Chinese
noodles," 	etc. 	Although 	these 	oriental 	type
noodles 	are 	sometimes made 	without 	egg 	solids
and 	the 	shape 	and 	size may 	resemble 	the
products 	described 	in 	21 	CFR Part 	139, 	such 	a
product 	will 	not 	be 	considered 	in 	violation
of 	21 	CFR Part 139 	if:
(A) 	Such product 	is 	not 	represented 	as 	a
macaroni 	or 	noodle 	product 	described 	in
21 	CFR Part 	139.
(B) 	When 	such 	product 	is 	labeled as 	"Noodles,"
the 	word 	"noodles" 	is 	immediately
preceded or 	followed by 	a 	qualifying
term 	such 	as 	"Chinese," 	"Chow Mein,"
"Japanese," 	"Japanese 	Style," 	"Ramen,"
"Oriental," 	or 	"Oriental 	Style," 	in
print 	of 	the 	uniform size, 	style, 	color,
and 	background 	contrast 	as 	the 	word
"noodles." 	Furthermore, 	when 	coloring
is 	added, 	the 	name 	of 	the 	product 	is
immediately preceded 	or 	followed 	by 	the
words 	"Artificially Colored," 	"Artificial
Coloring Added," 	or 	"With Artificial
Coloring Added," 	in 	print 	of the 	same
style, 	color, 	and 	background 	contrast 	as
the 	name 	of 	the 	product. 	The 	size 	of
the 	print 	of 	such words 	shall 	be 	at
least 	one-half 	the 	size 	of 	the 	name 	of
the 	product, 	provided 	that 	in 	no 	case
shall 	the 	size 	of 	the 	print be 	less 	than
one-eighth of 	an 	inch high.
(C) 	Such product 	bears 	a 	complete 	listing 	of
ingredients 	in 	accordance 	with 	21 	CFR
Part 	101,
(2) 	The 	provisions 	of 	part 	IV, 	Sections 	328-71,
328-72, 	and 	328-73, 	HRS, 	shall 	apply 	to
enriched bread 	and 	flour. 	[Eff. 	NOV O 5 !981
] 	(Auth: 	HRS 	§§321-9, 	321-10,
321-11, 	328-8, 	328-19.1, 	328-21) 	(Imp: 	HRS
§§328-6, 	328-8, 	328-10; 	328-19.1)
§11-29-8 	Other 	food 	rules. 	The 	following 	food
regulations 	of 	the 	United 	States 	Food 	and 	Drug Adminis-
tration 	shall 	be 	adopted 	insofar 	as 	they do 	not 	conflict
with 	the 	provisions 	of 	this 	chapter or 	any 	other 	rule
enforced by 	the 	department·of 	health:
21 	CFR Part 	1 	General 	Regulations 	for 	the 	Enforce-
29-5
a o 5

§11-29-8
§11-29-8 	Other 	food 	rules. 	(a) 	The 	following
food 	regulations 	of 	the 	United 	States 	Food 	and Drug
Administration 	shall 	be 	adopted 	insofar 	as 	they 	do
not 	conflict 	with 	the 	provisions 	of 	this 	chapter 	or
any 	other 	rule 	enforced by 	the 	department 	of 	health:
21 	CFR 	Part 	1 	General 	Regulations 	for 	the
Enforcement 	of 	the 	Federal
Food, 	Drug, 	and 	cosmetic 	Act
and 	the 	Fair 	Packaging 	and
Labeling 	Act, 	subparts 	A and
21 	CFR 	Part 	70
21 	CFR 	Part 	73
21 	CFR 	Part 	74
21 	CFR 	Part 	81
21 	CFR 	Part 	82
B;
Color 	Additives; 	provided 	that
only 	the 	provisions 	of 	this
part 	which 	are 	applicable 	to
foods 	shall 	be 	adopted;
Listing 	of 	Color 	Additives
Exempt 	form 	Certification,
subpart 	A;
Listing 	of 	Color Additives
subject 	to 	certification,
subpart 	A;
General 	Specifications 	and
General 	Restrictions 	for
Provisional 	Color 	Additives
for 	Use 	in 	Food, 	Drugs, 	and
cosmetics; 	provided 	that 	only
the 	provisions 	of 	this 	part
which 	are 	applicable 	to 	foods
shall 	be 	adopted;
Listing 	of 	Certified
Provisionally 	Listed 	Colors
and 	Specifications, 	subparts 	A
and B; 	provided 	that 	only 	the
provisions 	of 	this 	part 	which
are 	applicable 	to 	foods 	shall
be 	adopted;
21 	CFR 	Part 	100 	General, 	Subpart 	G, 	§§100.130,
21 	CFR 	Part 	101
21 	CFR 	Part 	102
21 	CFR 	Part 	105
21 	CFR 	Part 	109
100.140, 	and 	100.155;
Food 	labeling;
Common 	or 	Usual 	Name 	for 	Non-
standardized 	Foods;
Foods 	for 	Special 	Dietary use;
Unavoidable 	contaminants 	in
Food 	for 	Human 	Consumption 	and
Food-Packaging Material;
21 	CFR 	Part 	110 	current 	Good Manufacturing
Practice 	in 	Manufacturing,
Processing, 	Packing, 	or
Holding 	Human 	Food;
1531

21 	CFR 	Part 	113
21 	CFR 	Part 	114
21 	CFR 	Part 	122
21 	CFR 	Part 	123
21 	CFR 	Part 	129
21 	CFR 	Part 	170
21 	CFR 	Part 	172
21 	CFR 	Part 	173
21 	CFR 	Part 	174
21 	CFR 	Part 	175
21 	CFR 	Part 	176
21 	CFR 	Part 	177
21 	CFR 	Part 	178
21 	CFR 	Part 	179
21 	CFR 	Part 	180
§11-29-8
Thermally 	Processed Low-Acid
Foods 	Packaged 	in Hermetically
Sealed Containers;
Acidified 	Foods;
smoked 	and 	Smoke-Flavored
Fish;
Frozen 	Raw Breaded 	Shrimp;
Processing 	and 	Bottling 	of
Bottled Drinking Water;
Food Additives;
Food Additives 	Permitted 	for
Direct Addition 	to 	Food 	for
Human 	Consumption;
Secondary 	Direct 	Food
Additives 	Permitted 	in 	Food
for 	Human 	Consumption;
Indirect 	Food Additives:
General;
Indirect 	Food Additives:
Adhesive 	Coatings 	and
components;
Indirect 	Food Additives:
Paper 	and 	Paperboard
components;
Indirect 	Food Additives:
Polymers;
Indirect 	Food Additives:
Adjuvants, 	Production Aids,
and 	Sanitizers;
Irradiation 	in 	the 	Production,
Processing 	and Handling 	of
Food;
Food Additives 	Permitted 	in
Food 	on 	an 	Interim 	Basis 	or 	in
contact 	with 	Food 	Pending
Additional 	Study;
21 	CFR 	Part 	181 	Prior-sanctioned 	Food
Ingredients;
21 	CFR 	Part 	182 	Substances 	Generally
Recognized 	as 	Safe;
21 	CFR 	Part 	184 	Direct 	Food 	substances
Affirmed 	as 	Generally
Recognized 	as 	Safe;
21 	CFR 	Part 	186 	Indirect 	Food 	substances
Affirmed 	as 	Generally
Recognized 	as 	Safe;

§11-29-8
21 	CFR 	Part 	189 	Substances 	Prohibited 	from 	Use
in Human 	Food;
21 	CFR 	Part 	193 	Tolerances 	for 	Pesticides 	in
Food Administered by 	the
Environmental 	Protection
Agency.
(bl 	The 	rules, 	compliance 	policy 	guides 	and
action 	levels 	of 	the 	United 	States 	referenced 	in
Attachment 	"A" 	are 	adopted 	as 	they become 	effective
at 	any 	time 	or 	from 	time 	to 	time. 	[Eff. 	11/5/81; 	am
6/26/84; 	am 	MAR 231992(Auth: 	HRS 	§§321-9, 	321-10,
321-11, 	328-8, 	328-13, 	328-19.1, 	328-21) 	(Imp: 	HRS
§§328-6, 	328-8, 	328-9, 	328-10, 	328-13, 	328-19.1)
1'531

/ / / / / / / /
/ / / / / / /
/ / / / / / / /
/ / / / / / /
/ / / / / /
§11-29-9
21 	CFR
Part
	175
	Indirect
	Food
	Additives:
	Adhesive
Coatings
	and
	Components;
21
	CFR
	Part
	176
	Indirect
	Food
	Additives:
	Paper
and
	Paperboard
	Components;
21
	CFR
	Part
	177
	Indirect
	Food
	Additives:
	Polymers;
21
	CFR
Part
	178
	Indirect
	Food
	Additives:
	Adjuvants,
Production
	Aids,
	and
	Sanitizers;
21
	CFR
Part
	179
	Irradiation
	in
	the 	Production,
Processing
	and
	Handling
	of
	Food;
21
	CFR
	Part
	180 	Food
	Additives 	Permitted
	in
	Food
on 	an
	Interim
	Basis
	or 	in
	Contact
with
	Food
	Pending
	Additional
Study;
21
	CFR
Part
	181
	Prior-Sanctioned
	Food
	Ingredients;
21 	CFR
	Part
	182
	Substances 	Generally
	Recognized
	as
Safe;
21
	CFR
Part
	184
	Direct
	Food
	Substances 	Affirmed
	as
Generally
	Recognized
	as 	Safe;
21
	CFR
Part
	186
	Indirect
	Food
	Substances 	Affirmed
as 	Generally
	Recognized
	as 	Safe;
21
	CFR
Part
	189
	Substances
	Prohibited
	from
	Use
	in
Human
	Food;
21
	CFR
Part
	193
	Tolerances
	for
	Pesticides 	in
	Food
Administered
	by
	the
	Environmental
Protection
	Agency;
40 	CFR
	Part
	180
	Tolerances
	and 	Exemptions 	from
Tolerances
	for 	Pesticide
	Chemicals
in 	or
	on
	Raw
	Agricultural
	Com-
modities,
	Subparts
	A
and
	c.
	[Eff.
NOV
	O 5	
1981
	]	
(Auth:
	HRS
§§321-9, 	321-10, 	321-11, 	328-8,
328-19.1,
	328-21)
	(Imp:
	HRS
§§328~6,	
328-8, 	328-10, 	328-19.1)
§11-29-9
	False 	or
	misleading
	representation 	of
geographical
	origin.
	Any
	representation 	that
	expresses
or 	implies
	that
	a
	food
	product 	or
	any
	ingredient 	of
	a
food
	product 	has
	its
	geographical
	origin 	in 	the 	State
may
	render 	such 	food
	product misbranded 	except
	when
such
	representation
	is 	either:
(1) 	A
truthful 	representation 	of 	geographical
origin;
(2) 	A
trademark 	or 	trade
	name;
	provided
	that
	as
applied 	to 	the
	food
	product
	in 	question,
	its
use
	is
	not 	deceptively misrepresented.
	A
trademark 	or 	trade
	name 	composed
	in
	whole
	or
in-part of 	geographical
	words
	shall 	not
	be
considered 	deceptively misrepresentative
	if:
(A)
	Such product 	or 	trade
	name
	has 	been 	long
and
	exclusively 	used by
	the manufacturer
or 	distributor
	and
	is 	generally 	under-
stood by 	the 	consumer 	to
	mean
	the 	product
29-7
<i o 5

§11-29-9
of a 	particular manufacturer 	or 	distri-
butor; 	or
(B) 	Is 	so 	arbitrary 	or 	fanciful 	that 	it 	is
not 	generally understood 	by 	the 	consumer
to 	suggest 	geographic 	origin; 	or
{C) 	Is 	a 	part 	of 	the 	name 	required 	by 	appli-
cable 	state 	or 	federal 	law or 	regulation;
or
(D) 	Is 	a 	name 	whose 	market 	significance 	is
generally 	understood by 	the 	consumer 	to
connote 	a 	particular 	class, 	kind, 	type,
or 	style 	of 	food 	rather 	than 	to 	indicate
geographical 	origin. 	[Eff. 	NOV 	O 5 1981
] 	(Auth: 	HRS 	§§321-9,
321-10, 	321-11, 	328-21) 	(Imp: 	HRS
§§328-19.1, 	328-22, 	328-29)
§11-29-10 	Penalty; 	exception. 	Any 	person who
shall 	violate 	any 	provision 	of 	this 	chapter 	shall 	be
guilty 	of 	a 	misdemeanor 	and 	upon 	conviction 	thereof
shall 	be 	punished 	by 	a 	fine 	of 	not more 	than 	$500 	or 	by
imprisonment 	for 	not more 	than 	one 	year 	or 	by both 	such
fine 	and 	such 	imprisonment 	as 	provided 	in 	Section
321-18, 	HRS, 	as 	amended. 	Each 	and 	every violation 	of
the 	provisions 	of 	these 	rules 	shall 	constitute 	a
separate 	offense; 	except 	that 	no 	person 	shall 	be 	subject
to 	the 	penalties 	prescribed by 	this 	section 	if 	such
person:
(1) 	Establishes 	a 	guarantee 	or 	undertaking with
the manufacturer 	or 	distributor 	of 	a 	food
product 	stating 	that 	the 	food 	product 	does
not 	violate 	any 	provision 	of 	this 	chapter.
Such 	guarantee 	or 	undertaking 	shall 	be made
in 	good 	faith 	and 	shall 	be 	signed by 	and
contain 	the 	name 	and 	address 	of 	the 	person
residing 	in 	the 	United 	States 	with whom 	such
guarantee 	was made.
(2) 	Furnishes 	on 	request 	of 	the 	director 	the 	name
and 	address 	of 	the 	person with whom such
guarantee 	was 	made 	and 	copies 	of 	all 	documents
pertaining 	to 	the 	delivery of 	the 	product.
[Eff. 	NOV 	O 5 1981 	] 	(Auth: 	HRS 	§§321-9,
321-10, 	321-11, 	328-21) 	(Imp: 	HRS 	§§321-18,
328-22, 	328-29)
§11-29-11 	Severability. 	Should 	any 	section,
paragraph, 	sentence, 	clause, 	phrase 	or 	application 	of
this 	chapter 	be 	declared 	unconstitutional 	or 	invalid
for 	any 	reason, 	the 	remainder 	or 	any 	other 	application
of 	said 	chapter 	shall 	not 	be 	affected 	thereby. 	[Eff.
Nov O 5 1981 	] 	(Auth: 	HRS 	§§321-9, 	321-10, 	321-11,
328-21) 	(Imp: 	HRS 	§§321-9, 	321-10, 	321-11, 	328-21)
29-8

are
Attachment 	A
The 	following 	regulations 	of 	the 	United 	states
adopted:
40 	CFR 	Part 	180 	Tolerances 	and 	Exemptions 	from
Tolerances 	for 	Pesticide
Chemicals 	in 	or 	on 	Raw
Agricultural 	Commodities,
Subparts 	A, 	C, 	and D;
40 	CFR 	Part 	185 	Tolerances 	for 	Pesticides 	in
Food.
The 	following 	United 	states 	Food 	and Drug
Administration 	Compliance 	Policy 	Guides 	are 	adopted
insofar 	as 	they 	apply 	to 	"food" 	as 	defined 	in 	this
chapter:
Compliance
Compliance
Compliance
Compliance
Compliance
Compliance
Compliance
Compliance
Compliance
Compliance
Compliance
Compliance
Policy
Policy
Policy
Policy
Policy
Policy
Policy
Policy
Policy
Policy
Policy
Policy
Guide
Guide
Guide
Guide
Guide
Guide
Guide
Guide
Guide
Guide
Guide
Guide
7106.10
7107.02
7108.07
7108.20
7108.24
7111.03
7112.02
7117.05
7117.06
7117.07
7120.26
7141.01 	including
Attachments 	A
through 	B.12
1531