(a) No person shall deliver for introduction, hold for introduction or introduce into the State; or keep, offer, or expose for sale; or sell any consumer commodity which is misrepresented or misbranded in any manner.

Terms Used In Hawaii Revised Statutes 486-118

  • Administrator: means the administering officer of the quality assurance division, or any qualified person so designated by the chairperson. See Hawaii Revised Statutes 486-1
  • Board: means board of agriculture. See Hawaii Revised Statutes 486-1
  • Consumer commodity: means any article, product, good or agricultural or other commodity of any kind that is customarily produced or distributed for sale through mercantile or retail sales outlets for consumption or use by individuals, including but not limited to food products or consumer packages. See Hawaii Revised Statutes 486-1
  • Misbranded: includes :

    (1) False, incomplete, incorrect, or misleading labeling;

    (2) Misrepresentation as to the identity, quantity, quality, or point of origin;

    (3) Misrepresentation as to the principal place of business of the manufacturer, packer, or distributor;

    (4) Misrepresentation by vignette, pictorial display, identifiable geographical location, or by any term, word, or phrase in juxtaposition to any other information associated with, labeled on, or accompanying the consumer commodity which falsely alludes to a specific point of origin, a general locale such as a state, or to historical usage by a people;

    (5) Misrepresentation as to originality or creativity;

    (6) Misrepresentation of the consumer commodity as an imitation of another or as an imitation of a generic product; and

    (7) Misrepresentation in any other manner tending to confuse the prospective purchaser. See Hawaii Revised Statutes 486-1

  • sale: include barter and exchange. See Hawaii Revised Statutes 486-1
(b) The board, pursuant to section 486-7 and chapter 91, shall adopt rules relating to misbranding. The rules may:

(1) Require any person involved in the manufacture, processing, production, assembly, fabrication, or importation of a specified consumer commodity to keep and make available for inspection or copying by the administrator adequate records to substantiate the source of the consumer commodity, or in the case of blends, the source of such constituents, as may be required by the board;
(2) Establish fanciful names or terms, and in the case of blends, minimum constituent content by weight, to be used in labeling to differentiate a specific consumer commodity from an imitation or look-alike; and
(3) Establish requirements to reconcile the respective volumes of specific consumer commodities received versus the total amounts output, either as whole or processed product or as blends.

In addition, the board may adopt other rules as it deems necessary for the correct and informative labeling of consumer commodities.

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