Revised Laws 1945, Part A, Title 6, Ch. 41, Part I— "Hawaii Food, Drug and Cosmetic Act"-Continued.

a tag or other appropriate marking, giving notice that such article is, or is suspected of being adulterated or misbranded, and has been detained or embargoed, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by the commissioner or any of his deputies or by the court or judge having jurisdiction over such matters. Upon the request of the commissioner or any of his deputies, made to such court, the court shall order and direct that such food, drug, device, or cosmetic be seized and delivered into the custody of the court, and the same shall be held in such custody until a hearing has been held to determine as to whether or not it is adulterated or misbranded. [1941]

Sec. 2231. Penalty for violations; exceptions.

(a) Any person who violates any of the provisions of section 2206 shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding two hundred, nor less than ten dollars, or imprisoned not exceeding one hundred nor less than thirty days, or both.

(b) No person shall be subject to the penalties of subsection (a) of this section, for having violated section 2206 (a) or (c) if he establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing in the Territory from whom he received in good faith the article, to the effect that such article is not adulterated or misbranded within the meaning of this part I [Secs. 2201-2231], designating this part I.

(c) No publisher, radio-broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination by him of such false advertisement, unless he has refused, on the request of the board to furnish the board the name and post office address of the manufacturer, packer, distributor, seller or advertising agency, residing in the Territory who caused him to disseminate such advertisement. [1941]

Revised Laws 1945, Part A, Title 6, Ch. 49—“Uniform Narcotic Drug Act."

Sec. 2610. Marking requirements.

Whenever a producer, manufacturer or wholesaler of habit-forming drugs, or an apothecary, sells or dispenses any such drug to a producer, manufacturer or wholesaler thereof, or to an apothecary, physician, dentist, veterinarian or practitioner, he shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor or dispenser

and the amount, quantity, kind and form of narcotic drug contained therein. [1931]

Sec. 2620. Enforcement.

This chapter [Secs. 2601–2622] shall be enforced by the board of health of the Territory. [1931]

Sec. 2621. Penalties.

Any person violating any provision of this chapter [Secs. 2601-2622], upon conviction (unless some other specific penalty is provided by this chapter for the offense of which he is convicted), shall be punished, for the first offense, by a fine not exceeding one thousand dollars, or by imprisonment for a period not exceeding one year, or by both fine and impris onment, and for any subsequent offense, by a fine not exceeding two thousand dollars, or by imprisonment for a period not exceeding one year, or by both fine and imprisonment. [1931]

Revised Laws 1945, Part C, Title 19, Ch. 137-Intoxicating Liquors.

Sec. 7262. Labels on containers.

All persons manufacturing any liquor for sale under the provisions of this chapter [Secs. 72217295] shall securely and permanently attach to every container thereof, as the same is manufactured, a label stating name of manufacturer, kind and quantity of liquor contained therein, and the date of its manufacture. Every container containing liquor for sale by any person holding a wholesale or retail license shall have securely and permanently attached to it a label setting forth the kind and quantity of liquor contained therein and by whom manufactured. In addition to the foregoing requirements, all such labels shall conform in all respects to the then existing federal laws and regulations regarding such labels. [1933-4; last amended 1937.]

Sec. 7283. Penalty for violations.

If any person shall violate any provisions of this chapter [Secs. 7221-7295] or any rule or regulation in effect by authority of this chapter, whether in connection therewith a penalty is referred to or not, for which violation no penalty is specifically prescribed, or if any minor shall purchase any intoxicating liquor, he shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars or by imprisonment not exceeding six months or by both fine and imprisonment. [1933-4; last amended 1941.]

[ED. NOTE. The county liquor commissions, appointed in each county, are responsible for the enforcement of Chap. 137. See Secs. 7223-7231, Revised Laws of Hawaii 1945.]

Revised Laws 1945, Part D, Title 30, Ch. 263-False Weights and Measures.

Sec. 11362. Gross cheat.

Whoever, in the sale or purchase or any merchandise or other property, shall use any false weight or

[under Sec. 11362] shall be punished by imprisonment of not more than one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment. [1896; last amended 1941.] Revised Laws 1945, Part D, Title 30, Ch. 263-False Advertising.

Sec. 11373. Unlawful acts; penalty.

Any person, who, with intent to sell or in any wise dispose of merchandise, securities, service, or anything offered by such person, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, makes, publishes, disseminates, circulates, or places before the public, or causes, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service, or anything so offered to the public, which advertisement contains any assertion, representation, or statement of fact which is untrue, deceptive or misleading, shall be guilty of a misdemeanor; provided, that the provisions of this section shall not apply to any owner, publisher, agent or employee of a newspaper for the publication of such an advertisement published in good faith and without knowledge of the falsity thereof; provided, further, that any advertisement shall be deemed untrue, deceptive, or misleading within the meaning of this section which uses, with or without the use of the word "value" or the word "worth" or other synonymous terms, any word or words, figure or figures, which falsely or fraudulently convey or which by reasonable intendment falsely or fraudulently convey to a reader the meaning that the merchandise, securities, service, or other things so advertised are of a greater value or worth more than or were previously sold or offered for sale at a price higher than the price quoted in said advertisement. For the purpose of this section the words "worth" or "value" shall be taken to be the prevailing market price, wholesale if the offer is at wholesale, retail if the offer is at retail, at the time of publication of such advertisement in the locality wherein said

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advertisement is published. Whoever is convicted of the violation of the provisions of this section shall be punished by fine not exceeding five hundred dollars, or by imprisonment for not more than thirty days. [1925; last amended 1941.]

Revised Laws 1945, Part D, Title 30, Ch. 289Weight of Bread.

Sec. 11791. Weight of loaf; penalty for selling underweight. A loaf of bread for sale shall be one pound in weight. Bread, unless chiefly composed of rye or maize, shall not be manufactured for sale or sold except in the following net weights twelve hours after baking: three-quarters pound; one pound; one and a half pounds; two pounds or other pound weights.

Variations at the rate of one ounce per pound over and one ounce per pound under the above specified weights are permitted in individual loaves, but the average weight of not less than twenty-five loaves of any one unit of any one kind shall be not less than the weight prescribed by this chapter [Sec. 11791].

Twin or multiple loaves may be sold, provided they conform to the above weight requirements. Whoever violates any provision of this chapter shall be guilty of a misdemeanor and punished by a fine of not more than twenty-five dollars for each offense. [1919]

Session Laws 1945, Series A-24: Act 60. [Chapter 18A-Economic Poisons.

[Sec. 1180.01.] Sec. 1. Definitions.

As used in this Act [Secs. 1-10]:

(b) The term "economic poison” means and includes any substance used for the prevention, destruction or repulsion of insects, fungi, bacteria, weeds, rodents or any other form of plant or animal life which may be a pest or detrimental to vegetation, man, animals or households.

(c) "Board" means the board of commissioners of agriculture and forestry.

(d) "Director" means the director of the division of marketing of the board of commissioners of agriculture and forestry.

(e) The term "label" means and includes any written, printed or graphic matter upon or affixed to any can, sack or other container of economic poisons. [1945]

[Sec. 1180.02.] Sec. 2. Rules and regulations.

The board shall have power to make such rules and regulations regarding the sale, registration and labeling of economic poisons as it may deem necessary to carry into effect the full intent and meaning of this Act [Secs. 1-10]. It may register or refuse the registration of any economic poison which may

Session Laws 1945, Series A-24: Acts 60. [Chapter 18A]-Economic Poisons-Continued.

be sold or offered or exposed for sale or distribution within the territory, which does not comply with all provisions of this Act or other regulations which may be hereafter made by the board. [1945]

[Sec. 1180.05.] Sec. 5. Sales prohibited.

No person shall solicit or receive orders for the purchase of, sell, or offer for sale, within the territory, or import or cause to be imported into the territory, any type or brand of economic poisons which type or brand has not been registered and labeled in the manner provided in this Act [Secs. 1-10]. [1945]

[Sec. 1180.06.] Sec. 6. Removal from sale.

Any economic poisons offered for sale in violation of the provisions of this Act [Secs. 1-10] must, in accordance with rules and regulations of the board, be removed from sale by the vender thereof upon his receiving notice from the board of such violation. The vender must withhold such economic poisons from sale until such violation has been corrected. [1945]

[Sec. 1180.07.] Sec. 7. Marking requirements.

(a) There shall be stamped on or printed on each parcel, lot or container of economic poison or on the tag or label affixed thereto in a conspicuous place, a plainly written statement in the English language which shows the following facts with respect to each such parcel, lot or container:

1. The net weight of the parcel, lot or container. [1945]

[Sec. 1180.09.] Sec. 9. Penalty for violations.

Every person who violates any provision of this Act [Secs. 1-10] or of any rule or regulation issued thereunder shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one hundred dollars for the first offense and a fine of not less than one hundred dollars nor more than one thousand dollars for each offense thereafter. [1945]

Session Laws 1945, Series A-29: Act 252. [Chapter 201-Standard Containers for Agricultural Commodities.

[Sec. 1311.01.] Sec. 1. Definitions.

As used in this Act [Secs. 1-12], the term: (a) "Board" means the board of commissioners of agriculture and forestry;

(b) "Director" means director of the division of marketing of the board of commissioners of agriculture and forestry;

(d) "Agricultural commodity" means fresh fruits

and fresh vegetables of every kind and character, whether or not frozen or packed in ice, which have been produced within the Territory of Hawaii; [1945]

[Sec. 1311.02.] Sec. 2. Enforcement; civil liability; injunction; penalty for violations.

It shall be the duty of the director to administer and enforce the provisions of this Act [Secs. 1–12] and any rules or regulations made by the board pursuant thereto.

The following penalties, remedies, procedures and actions shall apply in instances of violations and complaints of violations of the provisions of this Act, or of the rules and regulations issued by the board under the authority of this Act:

(a) Any person who violates any provisions of this Act or any rule or regulation issued thereunder shall be liable civilly in an action brought by the director for a penalty in an amount not to exceed a sum of five hundred dollars for each and every violation. Any money recovered by the director under this provision shall be deposited in the marketing inspection and agriculture control fund;

(b) Violation of this Act or of any regulation issued thereunder is declared a public nuisance and may be enjoined or abated as such in a suit filed and prosecuted in the circuit by the director and/or the attorney general. The several circuit courts are hereby vested with jurisdiction to prevent and restrain violation of this Act or of any regulation effective thereunder;

(c) Every person who violates any provision of this Act or of any rule or regulation issued thereunder shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars. Each day during which any of the above violations referred to continue shall constitute a separate offense; [1945]

[Sec. 1311.04.] Sec. 4. Rules and regulations.

*

The board shall have power to make rules and regulations as follows: Defining standard containers for packing of particular agricultural commodities and prohibiting the sale, offering for sale, or transportation of agricultural commodities unless packed in standard containers [1945]

[Sec. 1311.05.] Sec. 5. Prohibition of deceptive packing.

No person shall sell, expose or offer for sale, or transport for sale in open or closed packages agricultural commodities packed in such manner that the face or shown surface is so superior to the unexposed portion as to quality, size, condition or in any other respect as to materially misrepresent the contents. [1945]

Session Laws 1947, Series A-36: Act 84. [Chapter 20A.-Mixed Feeding Stuffs.

[Sec. 1320.01.] Sec. 1. Definitions.

As used in this Act [Secs. 1-11]:

(b) The term "mixed feeding stuffs" means and includes any feeding stuff which is a mixture or blend of more than one feed ingredient designed to be used for the purpose of feeding livestock, poultry and rabbits, but does not include wet garbage or mixed feeds for dogs, cats, or other domestic pets. (c) "Board" means the board of commissioners of agriculture and forestry.

(d) "Director" means the director of the division of marketing of the board of commissioners of agriculture and forestry.

(e) The term "label" means and includes any written, printed or graphic matter upon or affixed to any can, sack or other container of mixed feeding stuffs. [1947]

[Sec. 1320.02.] Sec. 2. Enforcement.

The board shall have power to make such rules and regulations regarding the sale, registration and labeling of mixed feeding stuffs as it may deem necessary to carry into effect the full intent and meaning of this Act [Secs. 1-11]. [1947]

[Sec. 1320.05.] Sec. 5. Sales prohibited.

No person shall solicit or receive orders for the purchase of, sell, or offer for sale, within the Territory, or import or cause to be imported into the

Territory, any type or brand of mixed feeding stuffs, which type or brand has not been registered and labeled in the manner provided in this Act [Secs. 1-11]. [1947]

[Sec. 1320.06.] Sec. 6. Removal from sale.

Any mixed feeding stuffs offered for sale in violation of the provisions of this Act [Secs. 1-11] must, in accordance with rules and regulations of the board, be removed from sale by the vender thereof upon his receiving notice from the board of such violation. The vender must withhold such mixed feeding stuffs from sale until such violation. has been corrected. [1947]

[Sec. 1320.07.] Sec. 7. Marking requirements.

There shall be stamped on or printed on each parcel, lot, or container of mixed feeding stuff weighing fifty pounds or more, or on a tag or label affixed thereto in a conspicuous place, a plainly written statement in the English langauge which shows the following facts with respect to each such parcel, lot or container:

1. The net weight of the parcel, lot, or container. [1947]

[Sec. 1320.10.] Sec. 10. Penalties.

Every person who violates any provision of this Act [Secs. 1-11] or of any rule or regulation issued thereunder shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $100.00 for the first offense and a fine of not less than $100 for each offense thereafter. [1947]