Terms Used In Hawaii Revised Statutes > Chapter 328 - Food, Drugs, and Cosmetics

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agent: means a person under the direct supervision of a pharmacist, acting in the pharmacist's presence. See Hawaii Revised Statutes 328-91
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amortization: Paying off a loan by regular installments.
• Animal: means any animal except human beings;

  "Board" means the Hawaii board of veterinary medicine of the State;

  "Client" means the animal patient's owner, owner's agent, or other person presenting the animal patient for care. See Hawaii Revised Statutes 471-1

• animal patient: means any animal or group of animals receiving veterinary care from a veterinarian. See Hawaii Revised Statutes 471-1
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means any person who initially applies to a creditor directly for a loan or credit, or who directly applies to a creditor for an extension, renewal, or continuation of credit, or applies to a creditor indirectly by use of an existing credit plan for an amount exceeding a previously established credit limit. See Hawaii Revised Statutes 477E-2
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Blood: means whole blood collected from a single donor and processed either for transfusion or for further manufacturing. See Hawaii Revised Statutes 328-112
• Buyer: means a person that buys or contracts to buy a vessel. See Hawaii Revised Statutes 200A-2
• Buyer in ordinary course of business: means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. See Hawaii Revised Statutes 200A-2
• Certificate of title: means a record, created by the department under this chapter or by a governmental agency of another jurisdiction under the law of that jurisdiction, that is designated as a certificate of title by the department or agency and is evidence of ownership of a vessel. See Hawaii Revised Statutes 200A-2
• Chairperson: means the chairperson of the board of land and natural resources. See Hawaii Revised Statutes 200-1
• Common control: means the power to direct or cause the direction of the management and policies of a person or an organization, whether by ownership of stock, by voting rights, by contract, or otherwise. See Hawaii Revised Statutes 328-112
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consideration: means any payment or thing of value provided to an owner of a distressed property, including reasonable costs paid to independent third parties necessary to complete the distressed property conveyance or payment of money to satisfy a debt or legal obligation of an owner of the distressed property. See Hawaii Revised Statutes 480E-2
• Consumer credit: means credit extended to a natural person primarily for a personal, family, or household purpose:

  (1) In which the principal amount does not exceed $250,000 or in which there is an express written commitment to extend credit in a principal amount not exceeding $250,000; or

  (2) Such credit is secured by real property or by personal property used or expected to be used as the borrower's principal dwelling. See Hawaii Revised Statutes 478-1

• Consumer debt: means any debt of a natural person incurred primarily for personal, family, or household purposes. See Hawaii Revised Statutes 480D-2
• Contract: A legal written agreement that becomes binding when signed.
• contract: means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in section 490:1-303. See Hawaii Revised Statutes 200A-2
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Credit: means the loan of money, or the right granted by a creditor to a debtor to defer payment of debt, or to incur debts and defer payment therefor, or to purchase property or services and defer payment therefor. See Hawaii Revised Statutes 477E-2
• Credit: means the right to defer payment of debt or to incur debt and defer its payment. See Hawaii Revised Statutes 478-1
• Credit card: means any card, plate, coupon book, or other single credit device issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services, or anything else of value, from time to time, on credit. See Hawaii Revised Statutes 478-1
• Credit card agreement: means any agreement that provides primarily for the extension of credit pursuant to the cardholder's use of a credit card. See Hawaii Revised Statutes 478-1
• Creditor: means any bank; savings and loan association; trust company; financial services loan company; credit union; mortgage loan originator; mortgage loan originator company; pawnbroker; mutual benefit society or fraternal benefit society; debt adjuster; the issuer of a credit card as defined in § 708-800; any person who initiates, extends, renews, or continues loans of money or credit; any person who regularly arranges for the initiation, extension, renewal, or continuation of a loan of money or credit; or any assignee of an original creditor who participates in the decision to grant, extend, renew, or to continue a loan of money or credit. See Hawaii Revised Statutes 477E-2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Debt: means any obligation or alleged obligation of a person to pay money arising out of any transaction, whether or not the obligation has been reduced to judgment. See Hawaii Revised Statutes 480D-2
• Debt collector: means any person, who is not a collection agency regulated pursuant to chapter 443B, and who in the regular course of business collects or attempts to collect consumer debts owed or due or asserted to be owed or due to the collector. See Hawaii Revised Statutes 480D-2
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 472-1
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 200A-2
• Department: means the department of health except when otherwise provided. See Hawaii Revised Statutes 328-112
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 200-1
• Dependent: A person dependent for support upon another.
• Distressed property: means any residential real property that:

  (1) Is in foreclosure or at risk of foreclosure because payment of any loan that is secured by the residential real property is more than sixty days delinquent;

  (2) Had a lien or encumbrance charged against it because of nonpayment of any taxes, lease assessments, association fees, or maintenance fees;

  (3) Is at risk of having a lien or encumbrance charged against it because the payments of any taxes, lease assessments, association fees, or maintenance fees are more than ninety days delinquent;

  (4) Secures a loan for which a notice of default has been given;

  (5) Secures a loan that has been accelerated; or

  (6) Is the subject of any solicitation, representation, offer, agreement, promise, or contract to perform any mortgage assistance relief service. See Hawaii Revised Statutes 480E-2

• Distressed property consultant: means any person who performs or provides, or attempts to perform or provide, or who arranges for others to perform or provide, or who assists others to perform or provide, or who makes any solicitation, representation, or offer to perform or provide, any mortgage assistance relief service. See Hawaii Revised Statutes 480E-2
• Distressed property consultant contract: means any agreement or obligation between an owner or agent of an owner of a distressed property and a distressed property consultant. See Hawaii Revised Statutes 480E-2
• Distressed property conveyance: means the transfer of any interest in a distressed property effected directly or indirectly by or through a distressed property consultant. See Hawaii Revised Statutes 480E-2
• Distressed property conveyance contract: means any agreement or obligation affecting a distressed property conveyance. See Hawaii Revised Statutes 480E-2
• Distressed property lease: means any agreement or obligation regarding the lease or rental of a distressed property effected directly or indirectly by or through a distressed property consultant or distressed property purchaser. See Hawaii Revised Statutes 480E-2
• Distressed property purchaser: means any person who acquires any interest in a distressed property directly or indirectly through a distressed property conveyance or distressed property conveyance contract. See Hawaii Revised Statutes 480E-2
• Documented vessel: means a vessel covered by a certificate of documentation issued pursuant to title 46 United States Code § 12105, as amended. See Hawaii Revised Statutes 200A-2
• Donor: The person who makes a gift.
• Drug product: means a drug as defined in § 328-1 other than a biological product as defined in this part. See Hawaii Revised Statutes 328-91
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Hawaii Revised Statutes 200A-2
• emergency medical reasons: includes , but is not limited to, transfers of prescription drugs by a retail pharmacy to another retail pharmacy to alleviate a temporary shortage, except that the gross dollar value of such transfers shall not exceed five per cent of the total prescription drug sales revenue of either the transferor or transferee pharmacy during any period of twelve consecutive months;

  (6) The sale, purchase, or trade of a drug, or an offer to sell, purchase, or trade a drug, or the dispensing of a drug, pursuant to a prescription;

  (7) The distribution of drug samples by manufacturers' representatives or distributors' representatives; or

  (8) The sale, purchase, or trade of blood and blood components intended for transfusion. See Hawaii Revised Statutes 328-112

• Enforcement officer: means a police officer and any other state or county officer charged with the enforcement of state laws. See Hawaii Revised Statutes 200-61
• Equivalent generic drug product: means a drug product approved by the director as substitutable by pharmacists and included in the Hawaii list of equivalent generic drug products and interchangeable biological products. See Hawaii Revised Statutes 328-91
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Fraud: Intentional deception resulting in injury to another.
• Fully performed: means :

  (1) In the case of relief requiring the consent of any lending party, the distressed property consultant or attorney has:

  (A) Carried out and provided all of the services the distressed property consultant or attorney contracted to perform or represented would be performed; and

  (B) Obtained from the lending party a written offer for mortgage assistance relief that the consumer has accepted by executing the written contract. See Hawaii Revised Statutes 480E-2

• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Hawaii Revised Statutes 200A-2
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hawaii list of equivalent generic drug products and interchangeable biological products: means the list of equivalent generic drug products and interchangeable biological products, which may include references to the Orange Book, the Purple Book, and other published findings and approvals of the United States Food and Drug Administration, created and published by the director pursuant to the director's authority in this part to approve drug products and biological products that pharmacists may substitute with equivalent generic drug products and interchangeable biological products. See Hawaii Revised Statutes 328-91
• Home business loan: means a credit transaction (1) in which the principal amount does not exceed $250,000 or in which there is an express written commitment to extend credit in a principal amount not exceeding $250,000; (2) which is not a consumer credit transaction; and (3) which is secured by a mortgage of the principal dwelling of any natural person who is a mortgagor named in the mortgage given as security in connection with the credit transaction. See Hawaii Revised Statutes 478-1
• hull: means the shell, frame, or body of a vessel, exclusive of masts, yards, sails, riggings, machinery, and equipment. See Hawaii Revised Statutes 200-71
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interchangeable biological product: means a biological product approved by the director as substitutable by pharmacists and included in the Hawaii list of equivalent generic drug products and interchangeable biological products. See Hawaii Revised Statutes 328-91
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Knowledge: means actual knowledge. See Hawaii Revised Statutes 200A-2
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Hawaii Revised Statutes 200A-2
• Legacy: A gift of property made by will.
• Lending party: means the person from whom mortgage assistance relief is sought and includes the residential loan holder or servicer. See Hawaii Revised Statutes 480E-2
• Lessor: means a person who transfers the right to possession and use of goods under a lease. See Hawaii Revised Statutes 200A-2
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Manufacturer: means anyone who is engaged in manufacturing, preparing, propagating, compounding, processing, packaging, repackaging, or labeling a prescription drug. See Hawaii Revised Statutes 328-112
• Material: means likely to affect a consumer's choice of, or conduct regarding, any mortgage assistance relief service. See Hawaii Revised Statutes 480E-2
• Maximum allowable cost: means the maximum amount that a pharmacy benefit manager shall reimburse a pharmacy for the cost of a drug. See Hawaii Revised Statutes 328-91
• Media: means any printed publication of general distribution in the State issued once or more per year that is a party to the Mutual Publishing Plan Agreement as executed on May 31, 1962, and any subsequent amendments. See Hawaii Revised Statutes 480B-1
• microchip identification: means a device that is implanted under the skin of an animal and that contains contact information for the owner of the animal. See Hawaii Revised Statutes 143-1
• Minimum finance charge: The minimum, or fixed, finance charge that will be imposed during a billing cycle. A minimum finance charge usually applies only when a finance charge is imposed, that is, when you carry over a balance. ^{Source: Federal Reserve}
• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage assistance relief service: means any service, plan, or program that is offered or provided to the consumer in exchange for consideration and is represented, expressly or by implication, to assist or attempt to assist the consumer with any of the following:

  (1) Stopping, preventing, or postponing the loss of any residential real property, whether by mortgage or deed or trust foreclosure sale or repossession, or otherwise saving any consumer's residential real property from foreclosure or repossession;

  (2) Stopping, preventing, or postponing the charging of any lien or encumbrance against any residential real property or reducing or eliminating any lien or encumbrance charged against any residential real property for the nonpayment of any taxes, lease assessments, association fees, or maintenance fees;

  (3) Saving the owner's property from foreclosure or loss of home due to nonpayment of taxes;

  (4) Negotiating, obtaining, or arranging any modification of any term of a residential loan, including a reduction in the amount of interest, principal balance, monthly payments, or fees;

  (5) Negotiating, obtaining, or arranging any extension of the period of time within which the consumer may:

  (A) Cure the default on a residential loan;

  (B) Reinstate the residential loan;

  (C) Redeem any residential real property; or

  (D) Exercise any right to reinstate a residential loan or redeem a residential real property;

  (6) Negotiating, obtaining, or arranging, with respect to any residential real property:

  (A) A short sale;

  (B) A deed-in-lieu of foreclosure; or

  (C) Any other disposition of the property other than a sale to a third party who is not the residential loan holder;

  (7) Obtaining any forbearance or modification in the timing of payments from any residential loan holder or servicer;

  (8) Obtaining any forbearance from any beneficiary or mortgagee, or any relief with respect to a tax sale of any residential real property;

  (9) Obtaining any waiver of an acceleration clause or balloon payment contained in any promissory note or other contract secured by a mortgage on any residential real property or contained in the mortgage;

  (10) Obtaining any extension of the period within which the owner may reinstate the owner's rights with respect to the owner's property;

  (11) Obtaining a loan or advance of funds while the consumer is in foreclosure or at risk of foreclosure due to nonpayment of any obligation related to a residential real property, including but not limited to one or more loans, taxes, lease assessments, association fees, or maintenance fees;

  (12) Obtaining a loan or advance of funds during any post-tax sale redemption period;

  (13) Considering or deciding whether a consumer should continue making payments on any loan, taxes, lease assessments, association fees, or maintenance fees or any other obligation related to a residential real property;

  (14) Exercising any cure of default;

  (15) Avoiding or ameliorating the impairment of the property owner's credit resulting from the recording or filing of a notice of default or the conduct of a foreclosure sale or tax sale;

  (16) Drafting, preparing, performing, creating, or otherwise obtaining a forensic loan audit, a forensic securitization audit, or any other type of audit, report, summary, affidavit, or declaration involving an opinion, determination, or analysis of whether a lending party has an enforceable mortgage or lien, predicated upon claims that a lending party that is a party to a pooling and service agreement failed to adhere to the terms of that agreement, or that errors occurred after the signing of the mortgage loan, or disputing whether the lending party is the holder of the promissory note, or any argument that the lending party has failed to comply with federal or state mortgage lending laws;

  (17) Drafting, preparing, performing, creating, or otherwise obtaining any documentation used or intended to be used to advance any legal theory in defense of a foreclosure or ejectment action, regardless of any disclaimer as to providing legal advice; or

  (18) Understanding any legal theory that may be used in defense of a foreclosure or ejectment action, regardless of any disclaimer as to providing legal advice. See Hawaii Revised Statutes 480E-2

• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) ^{Source: OCC}
• Orange Book: means the United States Food and Drug Administration's "Approved Drug Products with Therapeutic Equivalence Evaluations" publication and its cumulative supplements, which include a list of approved prescription drug products with therapeutic equivalence evaluations. See Hawaii Revised Statutes 328-91
• Owner: includes every person owning, harboring, or keeping a dog; provided that if the owner is a minor under the age of eighteen years, the parent, guardian, or other person having the care, custody, or control of the minor shall be irrebuttably presumed to be the owner;

  "Unlicensed dog" means any dog for which the license for the current year has not been paid or to which the tag provided for in this chapter is not attached. See Hawaii Revised Statutes 143-1

• Owner: means a person that has legal title to a vessel. See Hawaii Revised Statutes 200A-2
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means a natural person, a corporation, government or governmental subdivision or agency, a trust, estate, partnership, cooperative, or association. See Hawaii Revised Statutes 477E-2
• Person: means an individual, partnership, joint venture, corporation, association, business, trust, or any organized group of persons, or any combination thereof. See Hawaii Revised Statutes 480D-2
• Person: means any individual, partnership, corporation, limited liability company, association, or other group or entity, however organized. See Hawaii Revised Statutes 480E-2
• Person: means an individual; corporation; business trust; estate; trust; statutory trust; partnership; limited liability company; association; joint venture; public corporation; government or governmental subdivision, agency, or instrumentality; or any other legal or commercial entity. See Hawaii Revised Statutes 200A-2
• Personal property: All property that is not real property.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Practice of veterinary medicine: includes medical, surgical, and dental care of animals. See Hawaii Revised Statutes 471-1
• Practice of veterinary technology: includes but is not limited to the following procedures only under the direct supervision of a licensed veterinarian:

  (1) Monitoring anesthesia;

  (2) Intubating;

  (3) Performing dental cleaning;

  (4) Creating a relief hole in the skin to facilitate placement of an intravenous catheter; and

  (5) Participating in laboratory management activities. See Hawaii Revised Statutes 472-1

• Prescription drug: means any human drug required by federal or state statutes, regulations, or rules to be dispensed only by a prescription, including finished dosage forms and active ingredients subject to § 328-16 or to section 503(b) of the federal Food, Drug, and Cosmetic Act. See Hawaii Revised Statutes 328-112
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• property owner: means the owner of any distressed property. See Hawaii Revised Statutes 480E-2
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Purchase: means to take by sale, lease, mortgage, pledge, consensual lien, security interest, gift, or any other voluntary transaction that creates an interest in a vessel. See Hawaii Revised Statutes 200A-2
• Purple Book: means the United States Food and Drug Administration's "Lists of Licensed Biological Products with Reference Product Exclusivity and Biosimilarity or Interchangeability Evaluations" publication and its cumulative supplements, which include lists of licensed biological products with biosimilarity and interchangeability evaluations. See Hawaii Revised Statutes 328-91
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: includes stock in a cooperative housing corporation and personal property used or intended to be used as a consumer's residence. See Hawaii Revised Statutes 478-1
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 200A-2
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Residential loan: means any loan that is secured by a mortgage against residential real property, regardless of whether the property owner lacks sufficient equity in the property so as to render the loan partially or entirely unsecured. See Hawaii Revised Statutes 480E-2
• Residential loan holder: means any person who holds the residential loan that is the subject of the offer to provide mortgage assistance relief services. See Hawaii Revised Statutes 480E-2
• Savings: means the financial benefit derived from utilizing the substituted equivalent generic drug product or interchangeable biological product from the perspective of the consumer or the ultimate payer, including third party payers. See Hawaii Revised Statutes 328-91
• Security agreement: means an agreement that creates or provides for a security interest. See Hawaii Revised Statutes 200A-2
• Security interest: includes any interest of a consignor in a vessel in a transaction that is subject to article 9 of chapter 490. See Hawaii Revised Statutes 200A-2
• Seller: means a person who sells or contracts to sell goods. See Hawaii Revised Statutes 200A-2
• Service of process: The service of writs or summonses to the appropriate party.
• Servicer: means the person responsible for:

  (1) Receiving any scheduled periodic payments pursuant to the terms of the residential loan that is the subject of the offer to provide mortgage assistance relief services; and

  (2) Making the payments of principal and interest and such other payments with respect to the amounts received from the consumer as may be required pursuant to the terms of the mortgage servicing loan documents or servicing contract. See Hawaii Revised Statutes 480E-2

• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sponsor: means a veterinarian who requests the presence and medical assistance of an individual licensed to engage in the practice of veterinary medicine in another jurisdiction. See Hawaii Revised Statutes 471-1
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 200A-2
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• Truth in Lending Act: means the federal Truth in Lending Act (15 U. See Hawaii Revised Statutes 478-1
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• Venue: The geographical location in which a case is tried.
• Vessel: means any watercraft used or capable of being used as a means of transportation on water, except:
  (1) An amphibious vehicle for which a certificate of title is issued pursuant to part III of chapter 286 or a similar statute of another state;
  (2) A watercraft less than eight feet in length and propelled solely by sail, paddle, oar, or an engine of less than ten horsepower;
  (3) A watercraft that operates only on a permanently fixed, manufactured course and the movement of which is restricted to or guided by means of a mechanical device to which the watercraft is attached or by which the watercraft is controlled;
  (4) A stationary floating structure that:

  (A) Does not have and is not designed to have a mode of propulsion of its own;

  (B) Is dependent for utilities upon a continuous utility hookup to a source originating on shore; and

  (C) Has a permanent, continuous hookup to a shoreside sewage system;
  (5) A watercraft owned by the United States; a state; a foreign government; or a political subdivision of the United States, a state, or a foreign government; and
  (6) A watercraft used solely as a lifeboat on another watercraft. See Hawaii Revised Statutes 200A-2
• Vessel: means every description of watercraft used or capable of being used as a means of transportation on water. See Hawaii Revised Statutes 200-61
• Veterinarian: means a person duly licensed in the State to engage in the practice of veterinary medicine. See Hawaii Revised Statutes 471-1
• Veterinarian-client-patient relationship: includes the provision of on-call or cross-coverage services by a veterinarian who has been designated by a veterinarian with an existing veterinarian-client-patient relationship and has access to relevant animal patient records. See Hawaii Revised Statutes 471-1
• Wholesale distribution: means the distribution of prescription drugs to persons other than a consumer or patient, but does not include:

  (1) Intracompany sales, defined as any transaction or transfer between an entity and any division, subsidiary, parent, or affiliated or related company under common ownership and control;

  (2) The purchase or other acquisition, by a hospital or other health care entity that is a member of a group purchasing organization, of a drug for the entity's own use, from the group purchasing organization or from other hospitals or health care entities that are members of the group purchasing organization;

  (3) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by a charitable organization described in section 501(c)(3) of the Internal Revenue Code of 1986, as amended, to a nonprofit affiliate of the organization to the extent otherwise permitted by law;

  (4) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug among hospitals or other health care entities that are under common control;

  (5) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug for emergency medical reasons; for purposes of this definition the term "emergency medical reasons" includes, but is not limited to, transfers of prescription drugs by a retail pharmacy to another retail pharmacy to alleviate a temporary shortage, except that the gross dollar value of such transfers shall not exceed five per cent of the total prescription drug sales revenue of either the transferor or transferee pharmacy during any period of twelve consecutive months;

  (6) The sale, purchase, or trade of a drug, or an offer to sell, purchase, or trade a drug, or the dispensing of a drug, pursuant to a prescription;

  (7) The distribution of drug samples by manufacturers' representatives or distributors' representatives; or

  (8) The sale, purchase, or trade of blood and blood components intended for transfusion. See Hawaii Revised Statutes 328-112

• Wholesale distributor: means any person or entity engaged in wholesale distribution of prescription drugs, including, but not limited to, manufacturers; repackers; own-label distributors; jobbers; private label distributors; brokers; warehouses, including manufacturers' and distributors' warehouses, chain drug warehouses, and wholesale drug warehouses; independent wholesale drug traders; prescription drug repackagers; physicians; dentists; veterinarians; birth control and other clinics; individuals; hospitals; nursing homes and their providers; health maintenance organizations and other health care providers; and retail and hospital pharmacies that conduct wholesale distributions. See Hawaii Revised Statutes 328-112