Enrichment of Bread and Flour

HRS div. 1, tit. 19, ch. 328, pt. IV

in effect

HRS §328-71 Definitions

328-71. Definitions When used in sections 328-71 to 328-76, unless the context otherwise requires: “Department” means the department of health. “Enriched” as applied to flour means the addition to flour of the vitamins and other nutritional ingredients necessary to make it conform to the definition and standard of identity of enriched flour, or enriched bromated flour or enriched self-rising flour, as the case may be, promulgated by the Federal Food and Drug Administration (21 C.F.R. Part 137), or as the same may be from time to time amended or modified. “Flour” is limited to the foods defined as (A) flour, white flour, wheat flour, plain flour, (B) bromated flour, (C) self-rising flour, self-rising white flour, self-rising wheat flour, and (D) phosphated flour, phosphated white flour, and phosphated wheat flour, in the definitions and standards of identity promulgated by the Federal Food and Drug Administration (21 C.F.R. Part 137), or as they may be amended, but does not include special flours not used for bread, roll, bun, or biscuit baking, such as specialty cake, pancake, and pastry flours. “Person” means an individual, a corporation, a partnership, an association, a joint stock company, a trust, or an unincorporated organization to the extent engaged in the commercial manufacture or sale of flour, white bread or rolls. “Rolls” includes plain white rolls and buns of the semi-bread dough type, such as soft rolls, hamburger, hot dog, Parker House, etc., hard rolls, such as Vienna, Kaiser, etc., all made without fillings or icings, but shall not include yeast-raised sweet rolls or sweet buns, cinnamon rolls or buns, butterfly rolls, etc. “White bread” means any bread, whether baked in a pan or on a hearth or screen, which is commonly known or usually represented and sold as white bread, including, but not restricted to, Vienna bread, French bread, and Italian bread. [L 1945, c 101, §1; RL 1945, §2246.01; RL 1955, §51-55; am L Sp 1959 2d, c 1, §19; HRS §328-71; am L 1977, c 53, §1]

HRS §328-72 Flour must be enriched

328-72. Flour must be enriched It shall be unlawful for any person to manufacture, mix, compound, sell, or offer for sale in this State for human consumption therein, any unenriched flour; provided that unenriched flour may be used in the manufacture of macaroni, cracker, soy sauce, or other nonbaking products; provided further that unenriched flour may be sold to commercial bakers of bread, rolls, or buns if, prior to or simultaneously with delivery, the baker furnishes to the seller a certificate of intent in such form as the department of health shall by regulation prescribe, certifying that such flour will be used only in the manufacture, mixing, or compounding of flour or white bread or rolls enriched to meet the requirements of sections 328-71 to 328-76. It shall be unlawful for the baker to use the flour so purchased in any manner other than as stated in the certificate. [L 1945, c 101, §2; RL 1955, §51-56; am L 1963, c 105, §1; HRS §328-72]

HRS §328-73 Bread, rolls, buns, standard for

328-73. Bread, rolls, buns, standard for It shall be unlawful for any person to manufacture, bake, sell, or offer for sale, in this State, for human consumption therein, any white bread or rolls unless the same conforms to the definition and standard of identity then in effect for enriched bread, and enriched rolls, or enriched buns, as fixed and established by order of an appropriate federal agency or officer, pursuant to the Federal Food, Drug, and Cosmetic Act; provided that if during any period no such order of any such federal agency or officer fixing and establishing a definition and standard of identity for enriched bread, and enriched rolls or enriched buns, is in effect, it shall be unlawful for any person during any such period to manufacture, bake, sell, or offer for sale in this State, for human consumption, any white bread or rolls unless the same conforms to the proposed definition and standard of identity for enriched bread and enriched rolls or enriched buns promulgated by the Federal Food and Drug Administration (21 C.F.R. Part 136), or as the same as may be from time to time amended or modified. [L 1945, c 101, §3; RL 1955, §51-57; HRS §328-73; am L 1977, c 53, §2]

HRS §328-74 Flour, wrapped bread, rolls, standard for

328-74. Flour, wrapped bread, rolls, standard for It shall be unlawful to sell or offer for sale, in this State, for human consumption therein, any flour or wrapped white bread or rolls meeting the requirements of sections 328-72 and 328-73 which fail to conform to the labeling requirements of the Federal Food, Drug, and Cosmetic Act, and the regulations promulgated thereunder, with respect to such product when introduced in interstate commerce; provided this section shall not apply to white bread or rolls which bear no labeling of any kind and which are sold directly to the consumer by the manufacturer thereof. [L 1945, c 101, §4; RL 1955, §51-58; HRS §328-74]

HRS §328-75 Enforcement; suspension

328-75. Enforcement; suspension (a) The department of health shall enforce sections 328-71 to 328-76 and shall have, in connection therewith, all the powers and duties conferred and imposed upon it by and pursuant to part I. (b) In the event of findings by the department that there is an existing or imminent shortage of any ingredient required by section 328-72 or 328-73, and that because of such shortage the sale and distribution of flour or white bread or rolls may be impeded by the enforcement of sections 328-71 to 328-76, the department shall issue an order, to be effective immediately upon issuance, permitting the omission of the ingredient from flour or white bread or rolls; and if it finds it necessary or appropriate, excepting such foods from the labeling requirements until the further order of the department. Any such findings may be made without hearing, on the basis of an order or of factual information supplied by the appropriate federal agency or officer. In the absence of any such order of the appropriate federal agency or factual information supplied by it, the department on its own motion may, and upon receiving the sworn statements of ten or more persons subject to sections 328-71 to 328-76 that they believe such a shortage exists or is imminent shall, within twenty days thereafter hold a public hearing with respect thereto at which any interested person may present evidence; and shall make findings based upon the evidence presented. The department shall publish notice of any such hearing at least ten days prior thereto. Whenever the department has reason to believe that the shortage no longer exists, it shall hold a public hearing, after at least ten days’ notice shall have been given, at which any interested person may present evidence, and it shall make findings based upon the evidence so presented. If its findings are that the shortage no longer exists, it shall issue an order to become effective not less than thirty days after publication thereof, revoking the previous order; provided that undisposed floor stocks of flour on hand at the effective date of the revocation order, or flour manufactured prior to the effective date, for sale in this State may thereafter be lawfully sold or disposed of. (c) All orders, rules, and regulations adopted by the department pursuant to sections 328-71 to 328-76 shall be published in the manner prescribed by section 321-10 and, within the limits specified by sections 328-71 to 328-76, shall become effective upon such date as the department shall fix. (d) For the purpose of sections 328-71 to 328-76, the director of health and any of the director’s agents may take samples for analysis and conduct examinations and investigations, and they shall have free access at all reasonable hours and may enter in and upon any factory, mill, warehouse, shop, or establishment where flour, white bread, or rolls are manufactured, processed, packed, sold, or held, or any vehicle being used for the transportation thereof, and inspect any such place or vehicle and any flour, white bread, or rolls therein, and all pertinent equipment, materials, containers and labeling. (e) If any person manufacturing, processing, packing, keeping for sale, exhibiting for sale, or offering for sale, any flour, white bread, or rolls included within sections 328-71 to 328-76 refuses to furnish the director of health and any of the director’s agents, upon demand, either personal or in writing, a sufficient sample for the analysis of any such flour, white bread, or rolls, which are in the person’s possession, the director of health and any of the director’s agents tendering the market price therefor, such refusal shall be prima facie evidence that the flour, white bread, or rolls are not enriched as required. [L 1945, c 101, §5; RL 1955, §51-59; am L Sp 1959 2d, c 1, §19; HRS §328-75; gen ch 1985]

HRS §328-76 Penalty

328-76. Penalty Any person who violates any of the provisions of sections 328-71 to 328-75 or the orders, rules or regulations of the department of health under authority thereof, shall be fined not more than $500, or imprisoned not more than one hundred days, or both. [L 1945, c 101, §6; RL 1955, §51-60; am L Sp 1959 2d, c 1, §19; HRS §328-76]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0328/HRS_0328-.htmFetched: 11/10/2026