Revised Laws 1945, Part C, Title 19, Ch. 142— Weights and Measures.

Sec. 7471. Definitions.

Whenever used in this chapter [Secs. 7471-7483]: "enforcing officer" shall mean the chiefs of police of the counties of Hawaii, Kauai and Maui and their duly authorized subordinates and the sheriff of the city and county of Honolulu; and "scales," "weights," "beams," "weighing machines," "devices," "appliances," "measures" or "instruments" shall include all mechanical means for the weighing or measuring of any article or commodity whatsoever. [1921; last amended 1943.]

Sec. 7472. Standards; tests.

It shall be the duty of the enforcing officer to procure and keep a standard set of scales, beams, weights and measures; and he shall, semi-annually, or oftener in his discretion, cause all scales, beams, weighing machines, measures-liquid or dry, -devices and appliances used in the ascertainment of weight

or of measure, used by any person, in the buying or selling or the transportation, or the receiving for shipment, or in the ascertainment of weight or measure, of goods, wares, merchandise, liquids, fruits, vegetables or any other commodity, to be tested by such standard scales, beams, weights and measures, and whenever such scales, beams, weighing machines, measures, devices or appliances shall be found to correspond to such standard scales, beams, weights and measures in his possession, he shall cause to be sealed or marked, under his name, each scale, beam, weighing machine, measure, device or appliance with an appropriate device showing that such scale, beam, weighing machine, measure, device or appliance is correct, and the date of the inspection, which device shall be placed so as to be easily seen. [1921; last amended 1929.]

Sec. 7473. Sealing; record of sales.

All weighing appliances and measures as mentioned and included in section 7472 shall be so

Revised Laws 1945, Part C, Title 19, Ch. 142— Weights and Measures-Continued.

sealed within two days of the date of purchase and of the acceptance and delivery of such appliance or measure, and notice thereof, by both the buyer and the seller shall, within such two days, be given to the enforcing officer upon forms as he may provide and which shall be recorded by him. [1921]

Sec. 7474. Incorrect weights and measures.

The enforcing officer shall condemn and seize, and may destroy any incorrect scale, beam, weighing machine, measure, device or appliance which in his best judgment is not susceptible of repair; but any scale, beam, weighing machine, measure, device or appliance which shall be found to be incorrect, but which in his best judgment is susceptible of repair, he shall cause to be marked with a tag or other suitable device with the words "out of order." The owner or user of any scale, beam, weighing machine, measure, device or appliance, which has been marked "out of order" as herein provided, may have the same repaired or corrected within thirty days, but until the same has been repaired or corrected and tested as herein provided, the owner or user thereof may neither use nor dispose of the same in any way, but shall hold the same at the disposal of the enforcing officer.

When the same has been repaired or corrected, the owner or user thereof shall notify the enforcing officer who shall again cause such scale, beam, weighing machine, measure, device or appliance, which had been found incorrect and marked as herein provided, to be tested, and until such scale, beam, weighing machine, measure, device or appliance has been retested as hereinbefore provided and found correct, the same shall not be used or in any way disposed of by the owner or user. When any such scale, beam, weighing machine, measure, device or appliance has been repaired or corrected and has been retested and found correct, the enforcing officer shall cause the tag or device with the words "out of order" to be removed therefrom, and shall seal or mark such scale, beam, weighing machine, measure, device or appliance in the manner provided for the marking of the same where, upon inspection, it is found correct. [1921; last amended 1929.]

Sec. 7475. Identification of owner.

Any person presenting any weighing appliance or measure to the enforcing officer for verification and testing shall give his full name, address, and description of occupation and business and the purpose for which such weighing appliance or measure is to be used; such information shall be recorded by the enforcing officer. [1921]

Sec. 7476. Tolerance or error permissible in excess or deficiency.

The following shall be tolerance or permissible error, either in excess or deficiency:

The term "spring scale" shall mean a scale in which the weight indications depend on the change of shape or of dimensions of an elastic body or system of bodies; provided, however, that scales in which metallic bands or strips are employed for the primary purpose of fulfilling the functions of knife edges and bearings shall not be considered within the meaning of this definition.

Tolerances. The tolerance allowable on all spring scales shall not be greater than one-fourth of one minimum graduation on the reading face or dial; provided, that the manufacturers' tolerance on new scales shall not be greater than one-half of the values given.

COMPUTING SCALES:

The tolerance on all computing scales shall be no greater than one-fourth of one minimum graduation at any point on the dial or reading face; provided, that the manufacturers' tolerance on new

bearing of the platform. Wagon and motor truck scales must be tested with one thousand pounds, and, where possible, with a load approximating one-fourth the scale capacity as a dead load and a thousand pound test thereafter. The thousand pound test must be applied at the point of each bearing of the platform. Test for railroad track scales of fifty tons capacity or over, shall be not less than ten thousand pounds or not greater than their rated sectional capacity, and shall be applied at each point of bearing of the platform. [1929]

Sec. 7478. Inspectors.

Any of the designated chiefs of police or the sheriff of the city and county may deputize any one of the employes in his department to aid him in the performance of his duties under this chapter [Secs. 7471-7483]. [1921]

Sec. 7479. Standards.

The standards of weights and measures shall be those adopted, and now used, or that may be adopted and used by the United States. [1921]

Sec. 7480. Bushel.

Whenever any wheat, rye, Indian corn, barley or oats shall be sold by the bushel, and no special agreement as to the measurement shall be made by the parties, the bushel shall consist of sixty pounds of wheat, and fifty pounds of rye, of fifty-six pounds of Indian corn, or forty-eight pounds of barley and of thirty-two pounds of oats. [1921]

Sec. 7481. Fees.

The charges for testing and certification shall be as follows:

600

Pounds

800.

1

22

22

Over thirty pounds to three hundred pounds weight capacity

1.25

40

60

Over one thousand pounds to six thousand pounds weight capacity

2.50

The sensibility reciprocal on all platform scales, except counter scales, shall not be greater than two minimum graduations on the beam, and on new scales not greater than one-half that amount. [1921; last amended 1929.]

Sec. 7477. Method of testing scales.

The method of testing scales shall be as follows: All counter scales, spring scales and computing scales shall be tested to their full capacity, and at half capacity at each point of the platform bearing. Portable scales of five hundred to a thousand pound capacity must be tested to one-fourth their capacity and at each point of bearing of the platform. Larger portable and dormant type scales must be tested to five hundred pounds and at each point of

Revised Laws 1945, Part C, Title 19, Ch. 142— Weights and Measures-Continued.

Sec. 7482.1 Unlawful use of weights and measures; penalty.

If any person shall, for any of the purposes mentioned in section 7472, use or cause to be used any weighing or measuring machine or appliance as mentioned in or necessarily included within the meaning of this chapter [Secs. 7471-7483], and which weighing or measuring machine or appliance has not been duly sealed or marked, or which weighing or measuring machine or appliance has been marked "out of order" and has not been retested and found correct, he shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding one hundred dollars, and the court may order the confiscation and destruction of such weighing or measuring machine or appliance.

Any person who shall be injured or defrauded by the use of any such weighing or measuring machine or appliance may maintain an action for damages against the offender, and, if judgment be rendered in his favor, he shall recover double damages and costs of the action. [1921; last amended 1929.]

1 See Sec. 11362, false weights or measures, page 252. Sec. 7483. Unlawful changing; removal of marks; penalty.

Any person who shall wilfully or fraudulently change any weighing or measuring machine or appliance as mentioned in or necessarily included within the meaning of this chapter [Secs. 74717483], after the same has been inspected, tested and sealed or marked by the enforcing officer, or who shall change, remove or destroy any tag, seal or mark which may have been placed in or thereon by the enforcing officer for the purposes of this chapter, shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding one hundred dollars. [1921; last amended 1929.]

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

Sec. 2205. "Selling" includes what.

The provisions of part I [Secs. 2201-2231] regarding the selling of food, drugs, devices, or cosmetics, shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale; and the sale, dispensing, and giving of any such article; and the supplying or applying of any such article in the conduct of any food, drug or cosmetic establishment. [1941]

Sec. 2206. Prohibited acts.

The following acts and the causing thereof within the Territory by any person are hereby prohibited: (a) The manufacture, sale, or delivery, holding or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded.

(b) The adulteration or misbranding of any food, drug, device, or cosmetic.

(c) The receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.

(e) The dissemination of any false advertise

ment.

(f) The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by sections 2224-2228.

(g) The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the territory from whom he received in good faith the food, drug, device, or cosmetic.

(h) The removal or disposal of a detained or embargoed article in violation of sections 22262228.

(i) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, drug, device or cosmetic, if such act is done while such article is held for sale and results in such article being misbranded. [1941]

Sec. 2207. Injunction.

In addition to the remedies hereinafter provided the commissioner [food commissioner] is hereby authorized to apply to a circuit judge sitting in equity for, and such judge shall have jurisdiction upon hearing and for cause shown, to grant, a temporary or permanent injunction restraining any person from violating any provision of section 2206; irrespective of whether or not there exists an adequate remedy at law. [1941]

Sec. 2208. Regulations for standards of fill of containers.

Whenever in the judgment of the board [board of health] such action will promote honesty and fair dealing in the interest of consumers, the board shall prescribe regulations fixing and establishing for any food or class of food a reasonable standard of

[1941]

fill of container.

Sec. 2210. When food deemed misbranded. A food shall be deemed to be misbranded: (a) If its labeling is false or misleading in any particular.

(d) If its container is so made, formed, or filled as to be misleading.

(e) If in package form, unless it bears a label containing (2) an accurate statement of the quantity of the contents in terms of weight,

measure, or numerical count; provided, that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the board.

(f) If any word, statement, or other information required by or under authority of part I [Secs. 2201-2231] to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(h) If it purports to be or is represented as: (2) a food for which a standard or standards of fill of container have been prescribed by regulation as provided by section 2208, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard. [1941]

Sec. 2215. When drugs or devices deemed misbranded.

A drug or device shall be deemed to be misbranded:

(a) If its labeling is false or misleading in any particular.

(b) If in package form, unless it bears a label containing (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the board.

(c) If any word, statement, or other information required by or under authority of this part I [Secs. 2201-2231] to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

measure, or numerical count; provided, that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the board.

(c) If any word, statement, or other information required by or under authority of this part I [Secs. 2201-2231] to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(d) If its container is so made, formed, or filled as to be misleading. [1941]

Sec. 2220. Enforcement; rules and regulations.

(a) The board [board of health] shall have the power, with the approval of the governor, to adopt, prescribe and enforce such rules or regulations as it may deem necessary for the efficient enforcement of this part I [Secs. 2201-2231]. The board is hereby authorized to make the rules or regulations prescribed under this part I conform in so far as practicable with those promulgated under the federal Act.1 [1941]

1 Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.

Sec. 2221. Appointment of food commissioner and deputies. In order to assist in carrying out the provisions of this part I [Secs. 2201-2231], the board [of health] shall appoint a duly qualified food commissioner or analyst, The board may

also appoint deputy commissioners or analysts. [1941]

Sec. 2226. Right of entry; seizure.

The [food] commissioner or any of his deputies shall have the power in the performance of their duties to enter at all reasonable hours into any creamery, factory, restaurant, store, salesroom, storage-room, drug store or lavatory, or any place where they have probable cause to believe that food, drugs, devices, or cosmetics are made, prepared, sold, or kept, exhibited or offered for sale, and to open any cask, tub, bottle, case or package containing or supposed to contain any such food, drug, device, or cosmetic, and examine or cause to be examined the contents thereof. In case any food, drug, device, or cosmetic is found to be adulterated or misbranded within the meaning of this part I [Secs. 22012231] and the owner or person in charge thereof refuses to comply with the instructions of the commissioner or any of his deputies for the proper disposal thereof, such food, drug, device, or cosmetic shall be liable to seizure. The commissioner or any of his deputies shall affix to such article or articles