Section 11-15-39 - Labeling(a) All bottles, containers, and packages enclosing milk or milk products defined in this chapter shall be labeled in accordance with the applicable requirements of this chapter, the Federal Food, Drug and Cosmetic Act as amended and the Federal Fair Packaging and Labeling Act and regulations developed thereunder.(b) All bottles, containers, and packages enclosing milk or milk products except milk tank trucks, storage tanks, and cans of raw milk from individual dairy farms shall be conspicuously marked with: (1) The words "Grade A" except that this requirement shall not apply to imitation milk or milk products, substitute milk or milk products, and "ungraded" milk or milk products;(2) The word "pasteurized" if the contents are pasteurized;(3) The volume or proportion of water to be added for reconstituting or recombining in the case of concentrated milk or milk products;(4) The words "Keep refrigerated after opening" in the case of aseptically processed milk and milk products;(5) The words "ultra-pasteurized" if the milk or milk product has been ultra-pasteurized;(6) In the case of aseptically processed and packaged milk or milk products: "ultra high temperature" or "UHT;"(7) The word "Goat" preceding the name of the milk or milk product when the product is or is made from goat milk; and(8) The identity of the plant where pasteurized, ultra-pasteurized or aseptically processed.(c) Every container of processed milk and milk product held in retail and wholesale stores, restaurants, schools, or similar establishments for sale shall be conspicuously and legibly marked by the milk plant with the designation of the month and day of the month after which the milk shall not be sold for human consumption. If the director determines that the quality of a milk or milk product deteriorates to the extent that the product becomes unmarketable prior to its designated shelf-life, the director shall notify the milk plant to conduct a full and complete review of the shelf-life of the product. If the review confirms that the designated shelf-life of the product is improper, the milk plant shall immediately shorten the designated shelf-life of the product in order to maintain the quality of the product throughout its intended shelf-life.(d) All vehicles and milk tank trucks containing milk or milk products shall be legibly marked with the name and address of the milk plant or hauler in possession of the contents.(e) Milk tank trucks transporting raw milk and milk products to a milk plant from sources of supply-not under the routine supervision of the director are required to be marked with the name and address of the milk plant or hauler and shall be sealed; in addition, for each such shipment, a shipping statement shall be prepared containing at least the following information: (1) Shipper's name, address, permit number;(2) Permit identification of hauler, if not employee of shipper;(3) Point of origin of shipment;(4) Tanker identity number;(8) Temperature of product;(10) Name of supervising regulatory agency at the point of origin; and(11) Whether the contents are raw, pasteurized, or in the case of cream, lowfat, or skim milk whether it has been heat-treated. One copy of the shipping statement shall be retained by the consignor, one by the common carrier and at least two copies shall be delivered to the consignee with the shipment. The consignee shall forward at least one copy to the director.
Entries made on shipping statements by consignors or consignees shall be legible. When the interstate shipment is derived from more than one point of origin, separate shipping statements for each of the sources involved shall accompany the shipment. Shipping statements shall be retained on file for a period of at least six months.
(f) All cans of raw milk from individual dairy farms shall be identified by the name or number of the individual milk producer.[Eff. AUG 14 1989] (Auth: HRS §§ 321-11, 328-8) (Imp: HRS §§ 321-11, 328-8)