Current through November, 2024
Section 11-29-4 - Aquatic foods(a) It shall be unlawful to take, sell, deliver for sale, hold for sale, or offer for sale, any aquatic food from anybody fresh, brackish, or salt water which the State department of health may find and declare to be polluted to the extent that such pollution constitutes a condition whereby the aquatic food found therein may have become contaminated with filth, or rendered diseased, unwholesome or injurious to health.(b) It shall be unlawful to bring into the State or offer for sale, any form of toxin-bearing aquatic food, including but not limited to balloon fishes (also known as puffers, blow fishes, globe fishes, and toad fishes), for food purposes except for a generally recognized scientific or educational use. The department of health may fan time to time designate such aquatic food and the areas and periods of the year for which this prohibition shall apply. Such aquatic food may be brought into the State by a generally recognized scientific or educational user only upon the prior receipt of a permit signed by an authorized agent of the department of health. Such permit shall be immediately revoked by the department of health or its authorized agent upon the violation by the holder of any of the terms of the permit. Every physician or other authorized personnel of any medical facility shall report promptly to the department of health all cases or suspected cases of illness caused by the ingestion of toxic aquatic food which shall come to his attention.(c) Any article of food for use as bait shall be stored separately and away from all other food and labeled "For Bait Use Only" in bold letters at least one inch high.(d) It shall be unlawful to offer for sale any fish which have been bruised, torn, or otherwise rendered liable to spoilage; except as provided for in Section 185-25, HRS, which permits the sale of certain species offish taken or killed w spear.(e) Aquatic foods taken from outside the boundaries of the State and labeled by its Hawaiian name shall have the general geographical origin of the aquatic food declared immediately and conspicuously preceding or following such Hawaiian name, e.g., "Imported Mahimahi" or "Mainland Papio."(f) Shellfish, oysters, clams, and mussels shall be regulated by Chapter 35, Title 11, Administrative Rule entitled "Shellfish Sanitation."[Eff Nov. 5, 1981] (Auth: HRS §§ 321-9, 321-10, 321-11, 328-8, 328-19.1, 328-21) (Imp: HRS §§ 328-3, 328-6, 328-8, 328-9, 328-10, 328-19.1)