(a) It shall be unlawful for any person who
does not possess a permit from the director to bring into, send into, or
receive into the State of Hawaii for sale, or to sell, or offer for sale, or to
have in storage any milk or milk products; provided that no permit shall be
required of:
(1) Grocery stores, restaurants,
soda fountains, schools, institutions, and similar establishments where milk or
milk products are served or sold at retail, but not processed or imported;
or
(2) Any person receiving or
distributing imported aseptically processed milk and milk products which comply
with the requirements of section
11-15-48;
or
(3) Any person receiving or
distributing imported dry milk and whey products specified in section
11-15-34.
(b) Every milk producer, milk
hauler, milk distributor, and each milk plant, receiving station and transfer
station operator shall secure the permit by making written application on forms
provided by the director. Upon receipt of such an application, the director
shall make an inspection of the establishment and analyze the milk and milk
products to determine compliance with the requirements of this chapter. When
inspection and analysis of the milk and milk products reveal that the
applicable requirements of this chapter have been met, the permit shall be
issued to the applicant by the director. Only a person who complies with the
requirements of this chapter shall be entitled to receive and retain a permit.
The permit shall not be transferable with respect to persons or locations. The
permit shall expire on June 30 of each year and an application to renew the
permit shall be made prior to this date.
(c) A milk or milk product shall be deemed
adulterated:
(1) Whenever the director has
reason to believe after inspection, investigation or sampling that the milk or
milk product creates, or appears to create, an imminent health hazard to the
public health;
(2) Whenever the
permittee's operational procedures prevent the collection of samples required
by section
11-15-41;
(3) Whenever the permittee has interfered
with the director in the performance of the director's duties; or
(4) In any case of a willful refusal to
permit authorized inspection.
The permittee shall be given written notice specifying the
particular violation and the milk or milk product shall not be offered for
sale. When the violation has been corrected to the satisfaction of the
director, the milk or milk product may be sold.
(d) Whenever the permittee has violated any
of the requirements of this chapter, except as stipulated in subsection (c),
the director may serve a written notice of intent to suspend the permit. Any
person receiving a notice of intent to suspend the permit from the director may
request a hearing pursuant to chapter 91, HRS.
A request for a hearing shall be in writing and submitted to
the director not later than forty eight hours after receiving the intent to
suspend notice. Upon receiving a request for a hearing by the permittee, the
director shall proceed to a hearing to ascertain the facts of such violation
and upon evidence presented at the hearing shall affirm, modify, or rescind the
intended suspension. As provided in chapter 91, HRS, the permittee shall be
given written notice of hearing at least fifteen days before the hearing. If no
request for a hearing is made, the permit shall be suspended.
In lieu of a hearing, any person whose permit has been
suspended may make written application for reinstatement of the permit. The
application shall include a statement signed by the applicant stating that in
the applicant's opinion the conditions causing the suspension of the permit
have been corrected. The application shall also include evidence supporting the
applicant's opinion. The permit shall be reinstated when an inspection and
analysis of the affected milk or milk product shows that the violation has been
corrected to the satisfaction of the director.
(e) Upon repeated violation the director may
revoke the permit following written notice to the permittee and an opportunity
for a hearing as provided for in chapter 91, HRS. When a permit is revoked, a
person may reapply for a permit pursuant to section
11-15-38(b).
(f) Any milk producer whose permit has been
suspended may sell raw milk for manufacturing products such as cheese, ice
cream, and frozen desserts; provided that the raw milk meets the standards for
raw milk for manufacturing purposes in section
11-15-42.
During the time the permit is suspended, the raw milk shall not be sold as
Grade "A" raw milk or used to manufacture Grade "A" milk or milk
products.
