Terms Used In Hawaii Revised Statutes > Chapter 329 > Part VI - Regulated Chemicals for the Manufacture of Controlled Substances

• Address: means , with respect to prescriptions, the physical location where an individual resides such as:
  (1) Street address, city, and state;
  (2) Tax map key number; or
  (3) The description of a physical location. See Hawaii Revised Statutes 329-1
• Administrator: means the administrator of the narcotics enforcement division of the department of law enforcement. See Hawaii Revised Statutes 329-1
• 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.
• Business day: means any day during which the service departments of authorized dealers of the manufacturer of the motor vehicle are normally open for business. See Hawaii Revised Statutes 481I-2
• Collateral charges: means those additional charges to a consumer wholly incurred as a result of the acquisition of the motor vehicle. See Hawaii Revised Statutes 481I-2
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer: means the purchaser, other than for purposes of resale, or the lessee of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of the express warranty applicable to the motor vehicle, and any other person entitled to enforce the obligations of the express warranty. See Hawaii Revised Statutes 481I-2
• Consumer: means the purchaser, other than for purposes of resale, of a used motor vehicle primarily used for personal, family, or household purposes and subject to a warranty, and the spouse or child of the purchaser if the motor vehicle is transferred to the spouse or child during the duration of any warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty. See Hawaii Revised Statutes 481J-1
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: means a drug, substance, or immediate precursor in schedules I through V of part II. See Hawaii Revised Statutes 329-1
• Conviction: A judgement of guilt against a criminal defendant.
• 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• delivery: means the actual, constructive, or attempted transfer or sale from one person to another of a controlled substance or drug paraphernalia, whether or not there is an agency relationship. See Hawaii Revised Statutes 329-1
• Department: means the department of law enforcement. See Hawaii Revised Statutes 329-1
• Distribute: means to deliver other than by administering or dispensing a controlled substance. See Hawaii Revised Statutes 329-1
• Distributor: means a person who distributes. See Hawaii Revised Statutes 329-1
• Drug: means :
  (1) Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;
  (2) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;
  (3) Substances (other than food) intended to affect the structure or any function of the body of man or animals; and
  (4) Substances intended for use as a component of any article specified in clause (1), (2), or (3) of this subsection. See Hawaii Revised Statutes 329-1
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Ephedrine: includes any synthetic compound, salt, derivative, mixture, or preparation extracted from the plant (genus) Ephedra that contains the substance ephedrine. See Hawaii Revised Statutes 329-1
• 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.
• Express warranty: means any written warranty issued by the manufacturer, or any affirmation of fact or promise made by the manufacturer, excluding statements made by the dealer, in connection with the sale or lease of a motor vehicle to a consumer, which relates to the nature of the material or workmanship and affirms or promises that the motor vehicle shall conform to the affirmation, promise, or description or that the material or workmanship is free of defects or will meet a specified level of performance. See Hawaii Revised Statutes 481I-2
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Identification number: means , with respect to a patient:
  (1) The patient's unique valid driver's license number or state identification card number, followed by the abbreviation of the state issuing the driver's license or state identification card, or the patient's military identification number;
  (2) If the patient is a foreign patient, the patient's passport number;
  (3) If the patient does not have a valid driver's license, state identification card, or military identification, the patient's social security number;
  (4) If the patient is less than eighteen years of age and has none of the identification referred to in paragraph (1), (2), or (3), the unique number on the valid driver's license, state identification card, military identification, or passport of the patient's parent or guardian; or
  (5) If the controlled substance is obtained for an animal, the unique number of the animal's owner as described in paragraph (1), (2), or (3). See Hawaii Revised Statutes 329-1
• Incidental charges: means those reasonable costs incurred by the consumer, including, but not limited to, towing charges and the costs of obtaining alternative transportation which are directly caused by the nonconformity or nonconformities which are the subject of the claim, but shall not include loss of use, loss of income, or personal injury claims. See Hawaii Revised Statutes 481I-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}
• Lemon law rights period: means the term of the manufacturer's express warranty, the period ending two years after the date of the original delivery of a motor vehicle to a consumer, or the first 24,000 miles of operation, whichever occurs first. See Hawaii Revised Statutes 481I-2
• Lessee: means any consumer who leases a motor vehicle:

  (1) For one year or more pursuant to a written lease agreement which provides that the lessee is responsible for repairs to such motor vehicle; or

  (2) Pursuant to a lease-purchase agreement. See Hawaii Revised Statutes 481I-2

• Manufacture: means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for the individual's own use or the preparation, compounding, packaging, or labeling of a controlled substance:
  (1) By a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice, or
  (2) By a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. See Hawaii Revised Statutes 329-1
• Nonconformity: means a defect, malfunction, or condition that fails to conform to the motor vehicle's applicable express warranty and that substantially impairs the use, market value, or safety of a motor vehicle, but does not include a defect, malfunction, or condition that results from an accident, abuse, neglect, modification, or alteration of the motor vehicle by persons other than the manufacturer, its agent, distributor, or authorized dealer. See Hawaii Revised Statutes 481I-2
• Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
• 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 individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Hawaii Revised Statutes 329-1
• Pharmacist: means a person who is licensed or holds a permit under chapter 461 to practice pharmacy, including a pharmacy intern who is under the immediate and direct supervision of a licensed pharmacist. See Hawaii Revised Statutes 329-1
• Prescription: means an order for medication, which is dispensed to or for an ultimate user. See Hawaii Revised Statutes 329-1
• Purchase price: means the cash price appearing in the sales agreement or contract and paid for the motor vehicle, including any net allowance for a trade-in vehicle. See Hawaii Revised Statutes 481I-2
• Replacement motor vehicle: means a motor vehicle which is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle to be replaced existed at the time of original acquisition, including any service contract, undercoating, rustproofing, and factory-installed or dealer-installed options. See Hawaii Revised Statutes 481I-2
• State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America. See Hawaii Revised Statutes 329-1
• Subpoena: A command to a witness to appear and give testimony.
• Substantially impairs: means to render the motor vehicle unfit, unreliable, or unsafe for warranted or normal use, or to significantly diminish the value of the motor vehicle. See Hawaii Revised Statutes 481I-2
• System: means an electronic prescription accountability system as described in part VIII. See Hawaii Revised Statutes 329-1
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Ultimate user: means a person who lawfully possesses a controlled substance for the person's own use or for the use of a member of the person's household or for administering to an animal owned by the person or by a member of the person's household. See Hawaii Revised Statutes 329-1
• Used motor vehicle: means a motor vehicle as that term is defined in § 481I-2, which has been purchased or transferred either after one year from the date of original delivery, or after twelve thousand miles of operation, whichever occurs first. See Hawaii Revised Statutes 481J-1
• Warranty: means any undertaking in connection with the sale by a dealer of a used motor vehicle to refund, repair, replace, maintain, or take other action with respect to that used motor vehicle and provided at no extra charge beyond the price of the used motor vehicle. See Hawaii Revised Statutes 481J-1
• Water treatment unit: means a product, device, or system designed for personal, family, or household use and for which a claim or claims are made stating that it will improve the quality of water by reducing one or more contaminants through mechanical, physical, chemical, or biological processes or combinations thereof. See Hawaii Revised Statutes 481H-2