Report Title:

Pre-Packaged Meat; Adulterated; Definition

Description:

Amends the definition of "adulterated" to include pre-packaged meat that has been treated with gas or other technology to enhance color only.  Effective January 1, 2050.  (SB2804 HD1)

THE SENATE	S.B. NO.	2804
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO PRE-PACKAGED MEAT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 159-3, Hawaii Revised Statutes, is amended by amending the definition of "adulterated" to read as follows:

     ""Adulterated" shall apply to any carcass, part thereof, and meat or meat products under one or more of the following circumstances:

     (1)  If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, the meat or meat products shall not be considered adulterated under this paragraph if the quantity of the substance in or on the meat or meat products does not ordinarily render it injurious to health[.];

     (2)  If it:

(A) [If it bears] Bears or contains (by reason of administration of any substance to the live animal or otherwise) any added poisonous or added deleterious substance (other than one which is:

(i) [a] A pesticide chemical in or on a raw agricultural commodity;

(ii)  [a] A food additive; or

(iii)  [a] A color additive) which, in the judgment of the board, may make the meat or meat products unfit for human consumption[.];

         (B)  [If it is,] Is in whole or in part, a raw agricultural commodity and the commodity bears or contains a pesticide chemical which is unsafe within the meaning of the Hawaii Food, Drug, and Cosmetic Act or [section] Section 408 of the Federal Food, Drug, and Cosmetic Act[.];

         (C)  [If it bears] Bears or contains any food additive which is unsafe within the meaning of the Hawaii Food, Drug, and Cosmetic Act or [section] Section 409 of the Federal Food, Drug, and Cosmetic Act[.];

         (D)  [If it bears] Bears or contains any color additive which is unsafe within the meaning of the Hawaii Food, Drug, and Cosmetic Act or [section] Section 706 of the Federal Food, Drug, and Cosmetic Act[,]; provided that meat or meat products which are unadulterated under [subparagraphs] Subparagraphs (B), (C), or (D) shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on the meat or meat products is prohibited by rules of the board in establishments at which inspection is maintained under part IV[.], or if the meat or meat product is treated with gas or other technology to enhance its color only;

     (3)  If it consists, in whole or in part, of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food[.];

     (4)  If it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health[.];

     (5)  If it is, in whole or in part, the product of an animal which had died otherwise than by slaughter[.];

     (6)  If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health[.];

     (7)  If it has been intentionally or unintentionally subjected to radiation, unless the use of the radiation was in conformity with a rule, regulation, or exemption in effect pursuant to the Hawaii Food, Drug, and Cosmetic Act or [section] Section 409 of the Federal Food, Drug, and Cosmetic Act[.];

     (8)  If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part therefor; or if damage or inferiority has been concealed in any manner; or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is[.]; or if the meat or meat product is treated with gas or other technology to enhance color only; and

     (9)  If it is margarine containing animal fat and any of the raw material used therein consisted in whole or in part of any filthy, putrid, or decomposed substance."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on January 1, 2050.