No person shall distribute or import misbranded feed. A commercial, toll-milled, or custom-mixed feed shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular.
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Terms Used In Hawaii Revised Statutes 144-7

  • Commercial feed: means all feed except:

    (1) Whole seeds unmixed or physically altered entire unmixed seeds, when not adulterated within the meaning of section 144-6, that are distributed for use as feed or for mixing in feed;
    (2) Hay, straw, stover, silage, cobs, husks, and hulls when:
    (A) Unground; or
    (B) Unmixed with other materials;
    (3) Wet garbage;
    (4) Individual chemical compounds when not mixed with other materials; and
    (5) Unmixed feeding cane molasses, unmixed pineapple pulp, unmixed pineapple hay, and unmixed sugarcane hay. See Hawaii Revised Statutes 144-2
  • Custom-mixed feed: means a special commercial mixture that is formulated by the manufacturer or processor in accordance with the specific instructions of the final purchaser and contains feed material or materials wholly or partly supplied by the manufacturer or processor. See Hawaii Revised Statutes 144-2
  • Distribute: means to offer for sale, sell, barter, or otherwise supply feed, commercial feeds, or custom-mixed feeds. See Hawaii Revised Statutes 144-2
  • Feed: means all edible materials consumed by animals, other than dogs, cats, or other domestic pets, that contribute energy or nutrients to the animal's diet and are distributed or imported. See Hawaii Revised Statutes 144-2
  • Feed ingredient: means each of the constituent materials making up a feed. See Hawaii Revised Statutes 144-2
  • Label: means a display of written, printed, or graphic matter:

    (1) Upon or affixed to the container in which a commercial feed is distributed or imported; or
    (2) On the invoice or delivery slip with which a commercial feed or custom-mixed feed is distributed or imported. See Hawaii Revised Statutes 144-2
  • Person: includes individual, partnership, corporation, and association. See Hawaii Revised Statutes 144-2
(2) If it is distributed under the name of another feed.
(3) If it is not labeled as required in § 144-4 and in rules prescribed under this chapter.
(4) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a feed ingredient, unless such commercial feed or feed ingredient conforms to the definition of identity, if any, prescribed by rules of the department. In the adoption of such rules the department shall give due regard to commonly accepted definitions such as those issued by the Association of American Feed Control Officials.
(5) If any word, statement, or other information required by or under authority of this chapter 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.

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