11-36

TITLE 	11
DEPARTMENT 	OF 	HEALTH
CHAPTER 	36
§11-36-3
SALE 	OF 	PROPHYLACTICS 	THROUGH VENDING MACHINES
§11-36-1
§11-36-2
§11-36-3
§11-36-4
§11-36-5
§11-36-6
§11-36-7
§11-36-8
§11-36-9
Purpose
Definitions
Permit 	and 	permit 	fee
Location 	of 	vending machines
Vending machines
Types 	of 	prophylactics 	which may 	be 	sold
Testing 	of 	prophylactics
Penalty
Severability
§11-36-1 	Purpose. 	The 	purpose 	of 	this 	chapter 	is
to 	establish 	rules 	for 	controlling 	the 	sale 	of 	prophy-
lactics 	through 	vending machines. 	[Eff. 	MAR 1 2 1982 	]
(Auth: 	HRS 	§§321-9, 	321-10, 	321-11, 	321-115, 	328-21)
(Imp: 	HRS 	§§321-11, 	321-115)
§11-36-2 	Definitions. 	As 	used 	in 	this 	chapter:
"Department" 	means 	department 	of 	health 	of 	the
State 	of 	Hawaii.
"Director" 	means 	director 	of 	health of 	the 	depart-
ment, 	or 	his 	duly 	authorized 	representative.
"Permittee" 	means 	a 	person who 	has 	obtained 	a
permit 	from 	the 	department 	to 	sell 	prophylactics 	through
vending 	machines.
"Prophylactics" 	means 	any 	device 	or 	appliance 	used
or 	intended 	to 	be 	used 	for 	the 	prevention 	of 	venereal
disease.
"School" 	includes 	every 	academic 	and 	noncollege
type 	of 	school, 	whether 	under 	governmental 	supervision
or 	otherwise, 	except 	sabbath 	and 	trade-type 	schools.
"Vending machine« 	includes 	all 	coin-operated
mechanical 	devices 	used 	to 	sell 	prophylactics. 	[Eff.
MAR 1 2 1982 	] 	(Auth: 	HRS 	§§321-9, 	321-10, 	321-11,
321-115, 	328-21) 	(Imp: 	HRS 	§§321-11, 	321-115)
§11-36-3
who 	intends 	to
machines 	shall
department.
Permit 	and 	permit 	fee. 	(a) 	Each 	person
sell 	prophylactics 	through vending
first 	obtain 	a 	permit 	to 	do 	so 	from 	the
(b) 	A separate
vending 	machine.
permit 	shall 	be 	required 	for 	each
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§11-36-3
(c} 	The 	permit 	fee 	shall 	be 	$10 	per 	ven_d_i~g---------~4
---------,,yra-cnine; 	except 	that 	governmental 	or 	non-profit 	organi-
zations 	shall 	be 	exempt 	from 	paying 	this 	fee 	if:
(1} 	The 	applicant 	is 	able 	to 	prove 	that 	the
vending machine 	is 	owned 	and 	operated 	by 	a
governmental 	or 	non-profit 	organization.
(2) 	The 	applicant 	conforms 	with 	all 	of 	the 	other
provisions 	of 	this 	chapter.
(d) 	Each 	permit 	shall 	expire 	on 	June 	30 	of 	each
year 	and 	an 	application 	to 	renew 	the 	permit 	shall 	be
made 	prior 	to 	this 	date. 	There 	shall 	be 	a 	$5 	fee 	for
renewal 	of 	the 	permit. 	Organizations 	exempt 	from
paying 	a 	fee 	as 	provided 	in 	§ll-36-3(c} 	are 	also 	exempt
from 	paying 	the 	renewal 	fee.
(e} 	Applications 	for 	permits 	or 	renewals 	shall 	be
on 	forms 	provided 	by 	the 	department. 	The 	original
permit 	shall 	be 	notarized.
(f) 	The 	permittee 	shall 	be 	charged 	an 	additional
$5 	for 	failure 	to 	renew 	the 	permit 	on 	or 	before 	June 	30
of 	each year.
(g} 	The 	permit 	shall 	be 	kept 	at 	the 	permittee's
place 	of 	business 	or 	on 	the 	person. 	A copy of 	the
permit 	shall.. be 	displayed 	securely on 	the 	vending
machine 	or 	dl'§played with 	the 	other 	business 	licenses
or 	permits 	at 	the 	establishment where 	the 	vending
machine 	is 	located.
(h} 	A permit 	shall 	not 	be 	transferable 	from 	one
person 	to 	another, 	from 	place 	to 	place, 	or 	from 	one
vending 	machine 	to 	another.
(i} 	When 	a 	vending 	machine 	is 	relocated, 	the
permittee 	shall 	notify 	the 	department 	in 	writing within
ten 	days 	of 	such 	relocation. 	A new permit 	is 	required
when 	a 	vending machine 	is 	relocated. 	[Eff. 	MAR 1 2 1982
] 	(Auth: 	HRS 	§§321-9, 	321-10, 	321-11,
321-115, 	328-21} 	(Imp: 	HRS 	§§321-11, 	321-115}
§11-36-4 	Location 	of 	vending 	machines.
(a) 	Before 	placing 	a 	vending.machine 	in 	an 	establish-
ment, 	the 	prospective 	permittee 	shall 	obtain written
permission 	to 	do 	so 	from 	the 	proprietor 	or 	director 	of
such 	establishment. 	Such permission 	shall 	be made
available 	to 	the 	department 	upon 	request.
(b} 	Vending machines 	shall 	not 	be 	located:
(1} 	In 	schools.
(2} 	In 	areas 	where 	heat, 	water, 	or other 	ambient
conditions 	may 	deteriorate 	the 	vending 	machine
or 	its 	contents. 	[Eff. 	MAR 1 2 1982 	]
(Auth: 	HRS 	§§321-9, 	321-10, 	321-11, 	321-115,
328-21) 	(Imp: 	HRS 	§§321-11, 	321-115)
§11-36-5 	Vending 	machines. 	(a) 	Vending machines
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§11-36-8
shall 	be 	suitable 	for 	dispensing 	prophylactics 	in
accordance 	with 	the 	provisions 	of 	this 	chapter.
(b) 	No 	items 	except 	prophylactics 	and 	educational
literature 	about 	prophylactics 	or venereal 	disease
shall 	be made 	available 	through vending machines.
(c) 	When 	a 	vending 	machine 	is 	empty:
(1) 	The 	purchaser 	shall 	be 	notified 	of 	this 	fact;
or
(2) 	The 	machine's 	design 	shall 	prevent 	the
acceptance 	of 	any more 	coins; 	or
(3) 	The 	purchaser's 	money 	shall 	be 	refunded.
(d) 	When 	a 	vending 	machine 	is 	defective, 	it 	shall
be 	so 	marked 	by 	the 	posting 	of 	conspicuous 	signs 	or
notices. 	[Eff. 	MAR 12 198 Z- 	] 	(Auth: 	HRS 	§§321-9,
321-10, 	321-11, 	321-115) 	(Imp: 	HRS 	§§321-11, 	321-115)
§11-36-6 	Types 	of 	prophylactics 	which may 	be 	sold.
(a) 	All 	brands 	of 	prophylactics 	that 	are 	sold 	in
vending 	machines 	shall 	be 	registered with 	the 	department.
(b) 	These 	brands 	shall 	have 	been 	tested 	and
approved 	by:
(1) 	The 	United 	States 	Food 	and 	Drug 	Administration;
or
(2) 	An 	agency 	of 	the 	state 	where 	the 	prophylactic
was 	manufactured; 	provided 	that 	such 	agency
is 	authorized 	by 	such 	state 	to 	test 	and
approve 	prophylactics.
(c) 	Prophylactics 	shall 	be 	adequately 	sealed 	to
prevent 	deterioration.
(d) 	Prophylactics 	shall 	be 	labeled with 	the 	date
of manufacture 	or 	the 	expiration 	date. 	Such 	date 	of
manufacture 	or 	expiration 	date 	shall 	be 	legible 	to 	the
purchaser. 	No 	prophylactics 	shall 	be 	sold more 	than
two 	years 	after 	the 	date 	of manufacture. 	[Eff.
MAR 	1 2 1982 	] 	(Auth: 	HRS 	§§321-9, 	321-10, 	321-11,
321-115, 	328-21) 	(Imp: 	HRS 	§§321-11, 	321-115)
§11-36-7 	Testing 	of 	prophylactics. 	(a) 	The
director may 	collect 	samples 	of 	prophylactics 	from
vending 	machines 	for 	testing 	as 	deemed 	necessary.
(b) 	The 	permittee 	shall 	make 	samples 	available
the 	director without 	cost. manner
to
(c) 	Prophylactics 	shall 	be 	tested 	in 	a
approved 	by 	the 	director. 	[Eff. 	MAR 1 2 1982
HRS 	§§321-9, 	321-10, 	321-11, 	321-115) 	(Imp:
§§321-11, 	321-115)
] 	(Auth:
HRS
§11-36-8 	Penalty. 	Any 	person who 	violates 	any
provision 	of 	this 	chapter 	shall 	be 	guilty 	of 	a 	misde-
meanor 	and 	upon 	conviction 	thereof 	shall 	be 	punished by
36-3

§11-36-8
a 	fine 	of 	not more 	than 	$500 	or 	by 	imprisonment 	for 	not 	:~1more 	than 	one 	year 	or 	noth~a 	~r ,vrdBu-urrdBr-§3~~-t~·~,------~~~
HRS. 	Each 	and 	every 	violation 	of 	the 	provisions 	of
this 	chapter 	shall 	constitute 	a 	separate 	offense.
[Eff. 	MAR 1 2 1982 	] 	(Auth: 	HRS 	§§321-9, 	321-10,
321-11, 	321-115, 	328-22) 	(Imp: 	HRS 	§§321-18, 	321-115,
328-22, 	328-29)
§11-36-9 	Severability. 	If 	any 	provision 	of 	this
chapter, 	or 	the 	application 	thereof 	to 	any 	person 	or
circumstance 	is 	held 	invalid, 	the 	invalidity 	does 	not
affect 	other 	provisions 	or 	applications 	of 	the 	chapter
which 	can 	be 	given 	effect without 	the 	invalid 	provision
or 	application, 	and 	to 	this 	end 	the 	provisions 	of 	this
chapter 	are 	severable. 	[Eff. 	MAR 1 2 1982 	] 	(Auth:
HRS 	§§321-9, 	321-10, 	321-11, 	321-115, 	328-21) 	(Imp:
HRS 	§§321-11, 	321-115)
36-4