Section 11-50-35 - Food identity, presentation, and on-premises labeling(a) Honestly presented. (1) Food shall be offered for human consumption in a way that does not mislead or misinform the consumer;(2) Food or color additives, colored overwraps, or lights may not be used to misrepresent the true appearance, color, or quality of a food.(b) Food labels. (1) Food packaged in a food establishment, shall be labeled as specified in law, including 21 CFR 101, entitled "Food labeling", and 9 CFR 317 entitled "Labeling, marking devices, and containers".(2) The director may waive the packaged food labeling requirement for, but not limited to: (A) Foods manufactured in food establishments such as restaurants, bakeries, and markets, and sold only in those food establishments;(B) Foods of no nutritional significance such as coffee;(C) Bulk food for further processing; and(D) Raw fruits, vegetables, and fish;(3) Label information shall include:(A) The common name of the food, or absent a common name, an adequately descriptive identity statement;(B) If made from two or more ingredients, a list of ingredients in descending order of predominance by weight, including a declaration of artificial color or flavor and chemical preservatives, if contained in the food;(C) An accurate declaration of the quantity of contents;(D) The name and place of business of the manufacturer, packer, or distributor; and(E) The name of the food source for each major food allergen contained in the food unless the food source is already part of the common or usual name of the respective ingredient;(4) Bulk food that is available for consumer self-dispensing shall be prominently labeled with the following information in plain view of the consumer: (A) The manufacturer's or processor's label that was provided with the food; or(B) A card, sign, or other method of notification that includes the information specified in paragraph (2) (A) and (B);(5) Bulk, unpackaged foods such as bakery products and unpackaged foods that are portioned to consumer specification need not be labeled if: (A) A health, nutrient content or other claim is not made;(B) There are no state or local laws requiring labeling; and(C) The food is manufactured or prepared on the premises of the food establishment or at another food establishment or a food processing plant that is owned by the same person and is regulated by the food regulatory agency that has jurisdiction.(c) Other forms of information. (1) If required by law, consumer warnings shall be provided;(2) Food establishment or manufacturers' dating information on foods may not be concealed or altered.(3) Homemade food products shall bear a label with the following information; (A) A statement that reads "Made in a home kitchen not routinely inspected by the Department of Health";(B) The common name of the food or, if no common name exists, an adequately descriptive identity statement;(C) If made from two or more ingredients, a list of ingredients in descending order of predominance by weight;(D) Name and contact information of the homemade food product producer;(4) Hand-pounded poi shall bear a label that contains the following information:(A) A statement that reads "This hand-pounded poi was prepared in a facility not inspected by the Department of Health";(B) Name and contact information of the producer.(d) Consumption of animal foods that are raw, undercooked, or not otherwise processed to eliminate pathogens.(1) Except as specified in sections 11-50-33(a)(3) and (4)(D) and 11-50-37(a)(3), if an animal food such as beef, eggs, fish, lamb, pork, poultry, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the owner or operator shall inform consumers of the significantly increased risk of consuming such foods by way of a disclosure and reminder, as specified in paragraphs (2) and (3) using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means;(2) Disclosure shall include:(A) A description of the animal-derived foods, such as "oysters on the half shell (raw oysters)", "raw-egg Caesar salad", and "hamburgers (can be cooked to order)"; or(B) Identification of the animal-derived foods by asterisking them to a footnote that states that the items are served raw or undercooked, or contain (or may contain) raw or undercooked ingredients;(3) Reminder shall include asterisking the animal-derived foods requiring disclosure to a footnote that states:(A) Regarding the safety of these items, written information is available upon request;(B) Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness; or(C) Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase the risk of foodborne illness especially in consumers with certain medical conditions. [Eff FEB 24 2014] (Auth: HRS § 321-11) (Imp: HRS § 321-11)