Haw. Code R. § 23-201-6 - Persons exempted from permit requirement

(a) The permit requirement is not required for the following persons under these circumstances:

(1) Any officer or employee of the Bureau, any officer of the U.S. Bureau of Customs, any officer or employee of the United States Food and Drug Administration, and any other federal officer who is lawfully engaged in the enforcement of any federal law relating to regulated chemicals or customs, and.-is duly authorized to possess regulated chemicals in the course of their official duties;

(2) Any officer or employee of this State, or political subdivision or agency thereof, who is engaged in the enforcement of any State or local law relating to regulated chemicals and is duly authorized to possess regulated chemicals in the course of their official duties; and

(3) Law enforcement laboratory personnel when acting in the scope of their official duties.

(b) All officials exempted by this section may, when acting in the course of their official duties, possess any regulated chemical and distribute any such substance to any other official who are also exempted by this section and acting in the course of their official duties.

(c) All persons specified in section 329-64, Hawaii Revised Statutes, are exempt from obtaining a permit under the following circumstances:

(1) Any retail distributor who sells, transfers, or furnishes any over-the-counter-drug product in "safe harbor packaging" in a single transaction to an individual for legitimate medical use that contains pseudoephedrine, norpseudoephedrine, phenylpropanolamine, or an ephedrine combination product; and

(2) Any retail distributor of below threshold quantities of products that are not over-the-counter drug products in "Safe harbor packaging" to an individual for legitimate medical use. The threshold for a retail distributor of a product that is not an over-the-counter drug product in "Safe harbor packaging" is twenty-four grams in a single transaction;

(d) The administrator, upon finding that the continuation of an exemption would not be in the public interest, may suspend or revoke a person's exemption pursuant to proceeds set forth in section 23-201-8.

Notes

Haw. Code R. § 23-201-6

[Eff APR 15 2000] (Auth: HRS §§ 329-31, 353C-2) (Imp: HRS § 329-64)