Haw. Rev. Stat. § 143-4 — HI Code / Division 1 / Title 11 / Chapter 143 / Section 143-4
Issuance of license and tags.
Status: in_force

Upon the receipt of the license fee, the director of finance shall issue to the person paying the fee a license stating the following:

(1) The name and address of the person to whom the license is issued;

(2) The year for which the license is paid;

(3) The date of payment;

(4) A description of the dog for which the license is issued; and

(5) The number of the metal tag issued for the dog.

The director of finance shall at the same time issue and deliver to the person a metal tag in the form and design as the director of finance may designate with a serial number and the year for which it is issued plainly inscribed thereon. The tag shall be attached to a collar around the neck of the dog for which the license has been issued. The fee for the tag shall be set by each county council; provided that, until and unless provided by ordinance, the fee shall be 10 cents. [L 1941, c 268, §4; RL 1945, §7154; RL 1955, §156-4; HRS §143-4; am L 1983, c 227, §3; gen ch 1985; am L 1991, c 178, §4; am L 2011, c 175, §4]
Haw. Rev. Stat. § 142-95 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-95
Rabbits, Belgian hares, to be kept off ground; penalty.
Status: in_force

(a) Any person who breeds, raises, or keeps rabbits or Belgian hares shall keep them off the ground.

(b) Any person who violates this section shall be guilty of a petty misdemeanor. [L 1957, c 298, §§1, 2; Supp, §20-94; HRS §142-95 ; am L 2025, c 235, §26]
Haw. Rev. Stat. § 143-2.6 — HI Code / Division 1 / Title 11 / Chapter 143 / Section 143-2.6
Animal desertion.
Status: in_force

It shall be unlawful for the owner of any animal or any person in possession of an animal that belongs to another person to leave the animal without the intention of returning to it.

Any person who violates this section shall be guilty of a petty misdemeanor. [L 1992, c 223, §1]
Haw. Rev. Stat. § 142-47 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-47
Altering, removing, or obliterating brand or mark; penalty.
Status: in_force

Any person who alters, removes, or obliterates any brand or mark, on any animal, by placing another brand or mark over the same, or otherwise, shall be fined not more than $500 for every brand or mark so altered, removed, or obliterated. [PC 1869, c 83, §2 (same as CC 1859, §249); RL 1925, §687; RL 1935, §265; RL 1945, §1074; RL 1955, §20-46; HRS §142-47; am L 1984, c 8, §3 ; am L 2025, c 235, §17]
Haw. Rev. Stat. § 142-51 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-51
Inspection before slaughter.
Status: in_force

No person shall allow livestock to enter a livestock harvesting establishment that slaughters or processes livestock meat and meat products unless the establishment's management has conducted a prior examination and inspection to verify the brand on animals match the ownership of the consignee, collects a copy of and confirms the brand with the ownership of the livestock ownership and movement certificate pursuant to section 142-49. The establishment's management may seek assistance from the department of agriculture [and biosecurity] or a law enforcement officer if ownership determination via brand inspection is in question, or violation or theft is suspected. Livestock ownership and movement certificates that correlate with all livestock harvested at the plant shall be submitted by the establishment's management to the department of agriculture [and biosecurity] weekly.
Haw. Rev. Stat. § 155-9 — HI Code / Division 1 / Title 11 / Chapter 155 / Section 155-9
Classes of loans; purposes; terms; eligibility.
Status: in_force

(a) Loans made under this chapter shall be for the purposes and in accordance with the terms specified in classes "A" through "K" in this section and shall be made only to applicants who meet the eligibility requirements specified therein and except as to class "B" loans to associations and class "E" loans, the eligibility requirements specified in section 155-10. The maximum amount of a loan for class "A", "C", "D", and "F" loans to an individual applicant shall also apply to any loan application submitted by a partnership, corporation, or other entity, and for the purpose of determining whether the maximum loan amount to any individual will be exceeded, outstanding loans to any partnership, corporation, or other entity that the individual has a legal or equitable interest in excess of twenty per cent shall be taken into account.

(b) Class A: Farm ownership and improvement loans shall provide for:

(1) The purchase or improvement of farm land;

(2) The purchase, construction, or improvement of adequate farm dwellings, and other essential farm buildings; and

(3) The liquidation of indebtedness incurred for any of the foregoing purposes.

The loans shall be for an amount not to exceed $1,500,000 and for a term not to exceed forty years. To be eligible, the applicant shall (A) derive, or present an acceptable plan to derive, a major portion of the applicant's income from and devote, or intend to devote, most of the applicant's time to farming operations; and (B) have or be able to obtain the operating capital, including livestock and equipment, needed to successfully operate the applicant's farm.

(c) Class B: Soil and water conservation loans shall provide for:

(1) Soil conservation practices;

(2) Water development, conservation, and use;

(3) Drainage; and

(4) The liquidation of indebtedness incurred for any of the foregoing purposes.

The loans shall be for an amount not to exceed $750,000 to an individual or an association and shall be for a term not to exceed twenty years for a loan to an individual and forty years to an association. To be eligible, an individual applicant shall have sufficient farm and other income to pay for farm operating and living expenses and to meet payments on applicant's existing debts, including the proposed soil and water conservation loan. An association, to be eligible, shall be a nonprofit organization primarily engaged in extending services directly related to the purposes of the loan to its members, and at least sixty per cent of its membership shall meet the eligibility requirements specified in section 155-10.

(d) Class C: Farm operating loans shall be for the purpose of carrying on and improving a farming operation, including:

(1) The purchase of farm equipment and livestock;

(2) The payment of production and marketing expenses, including materials, labor, and services;

(3) The payment of living expenses;

(4) The liquidation of indebtedness incurred for any of the foregoing purposes; and

(5) The exportation of crops and livestock.

The loans shall be for an amount not to exceed $1,500,000 and for a term not to exceed ten years. To be eligible, an applicant shall derive, or present an acceptable plan to derive, a major portion of the applicant's income from and devote, or intend to devote, most of the applicant's time to farming operations.

Qualified farmers affected by state eradication programs may also be eligible for loans under this subsection. Loans made for rehabilitation from eradication programs shall be subject to the terms of class "C" loans; provided that the interest rate shall be three per cent a year and the requirements in section 155-3 shall be waived and paragraph (4) shall not apply.

(e) Class D: Emergency loans shall be for the purpose of providing relief and rehabilitation to qualified farmers without limit as to purpose:

(1) In areas stricken by extraordinary rainstorms, windstorms, droughts, tidal waves, earthquakes, volcanic eruptions, and other natural catastrophes;

(2) On farms stricken by livestock disease epidemics and crop blights;

(3) On farms seriously affected by prolonged shipping and dock strikes;

(4) During economic emergencies caused by overproduction, excessive imports, and the like; and

(5) During other emergencies as determined by the board of agriculture and biosecurity.

The maximum amounts and period for the loans shall be determined by the board of agriculture and biosecurity; provided that the board shall require that any settlement or moneys received by qualified farmers as a result of an emergency declared under this section shall first be applied to the repayment of an emergency loan made under this chapter.

(f) Class E: Loans to farmers' cooperatives, corporations, food hubs, and food manufacturers shall provide credit to entities engaged in marketing, purchasing, and processing, and providing farm business services, including:

(1) Facility loans to purchase or improve land, building, and equipment for an amount not to exceed $1,500,000 and a term not to exceed twenty years;

(2) Operating loans to finance inventories of supplies and materials, warehousing, and shipping commodities; extension of consumer credit to justified farmer-members; and other normal operating expenses for an amount not to exceed $750,000 and a term not to exceed seven years; and

(3) The exportation of crops and livestock.

To be eligible, a farmers' cooperative or corporation shall have a majority of its board of directors and a majority of its membership as shareholders who meet the eligibility requirements of section 155-10 and who devote most of their time to farming operations, and the facility loans shall be for an amount not to exceed $1,500,000 or eighty-five per cent of the cost of the project, whichever is less.

To be eligible, a food hub shall have a majority of its board of directors and a majority of its membership as shareholders who meet the eligibility requirements of section 155-10 and who devote most of their time to farming operations. For the purposes of this section, "food hub" means a business or organization that actively manages the aggregation, distribution, and marketing of source-identified food products primarily from local and regional producers to strengthen their ability to satisfy wholesale, retail, and institutional demand.

To be eligible, a food manufacturer shall be licensed to do business in the State, and the controlling interest of the entity shall possess a minimum of two years of relevant processing or manufacturing experience as acceptable to the department of agriculture and biosecurity. The entity shall process Hawaii-grown agricultural products or use Hawaii-grown agricultural products as an ingredient in the manufacturing process. Facility loans shall be for an amount not to exceed $1,500,000 or eighty-five per cent of the cost of the project, whichever is less. The requirements in section 155-10 shall be waived for food manufacturing loans; however, the entity shall be a sound credit risk with the ability to repay the money borrowed.

(g) Class F: New farmer and farm innovation loan programs shall provide for:

(1) New farmer loans made under this class shall be in accordance with the terms specified in class "A" and "C" loans. The loans shall be made for an amount not to exceed $750,000 or eighty-five per cent of the cost of the project, whichever is less. Farm trainees and recent graduates with a degree in agriculture with smaller projects requiring loans of $100,000 or less shall have a minimum five per cent equity contribution towards the cost of the project;

(2) Farm innovation loans made under this class shall be for qualified farmers to perform practical research in crop development, innovative production techniques, new technologies, and production of new crops that are not typically grown in the State. Farm innovation loans shall be limited to a maximum of $75,000;

(3) Any subsequent loan shall be made from classes "A" to "D", respectively, depending upon the purpose for which the loan funds are used; and

(4) Borrowers shall comply with special term loan agreements as may be required by the department and shall take special training courses as the department deems necessary.

(h) Class G: Loans to part-time farmers shall be for farm improvement and operating purposes for carrying on and improving farming operations, including loans for:

(1) The purchase, construction, and improvement of farm production and growing structures;

(2) The purchase of farm equipment or livestock; and

(3) The payment of production and marketing expenses, including materials, labor, and services.

The liquidation of indebtedness incurred for any of the purposes under this subsection and for living expenses shall not be authorized purposes. Each loan shall be for an amount not to exceed $750,000 and for a term not to exceed ten years.

(i) Class H: Farm sustainable project loans shall provide for:

(1) The purchase, construction, or improvement of essential farm buildings, including the improvement of existing farm buildings related to the project;

(2) The improvement of land that may be required by the project;

(3) The purchase of equipment and payment of any related expenses, including materials, labor, and services;

(4) Operating expenses associated with the project; or

(5) The liquidation of indebtedness incurred for any of the foregoing purposes.

The loans shall be for an amount not to exceed $1,500,000 or eighty-five per cent of the project cost, whichever is less, and for a term not to exceed forty years.

To be eligible, the applicant shall be a qualified farmer of sound credit rating with the ability to repay the money borrowed, as determined by the department. Income from the applicant's farming activities and any supplemental income that may be generated from the project shall be the sole criterion for the department's determination of the applicant's ability to repay the money borrowed. The department's determination may be based on projections of income and expenses.

(j) Class I: Biosecurity project loans shall provide for:

(1) The purchase, construction, or improvement of essential farm buildings, including the improvement of existing farm buildings related to the project;

(2) The improvement of land that may be required by the project;

(3) The purchase of equipment and payment of any related expenses, including materials, labor, signage, training, and services;

(4) Operating expenses associated with the project; or

(5) The liquidation of indebtedness incurred for any of the foregoing purposes.

The loans shall be for an amount not to exceed $1,000,000 or eighty-five per cent of the project cost, whichever is less, and for a term not to exceed twenty-five years.

To be eligible, the applicant shall be a qualified farmer of sound credit rating with the ability to repay the money borrowed, as determined by the department. Income from the applicant's farming activities and any supplemental income that may be generated from the project shall be the sole criterion for the department's determination of the applicant's ability to repay the money borrowed. The department's determination may be based on projections of income and expenses.

(k) Class J: Line of credit loans shall provide revolving credit for farm operational expenses and to improve farm operations. Funds from the line of credit shall not be used for personal expenses or non-farm related purposes.

A line of credit secured by chattel, crops, or equipment shall not exceed $100,000 or eighty-five per cent of the collateral valuation, whichever is less, and for a term not to exceed five years. A line of credit secured by real property shall not exceed $250,000 or eighty-five per cent of the collateral valuation, whichever is less, and for a term not to exceed ten years.

To be eligible, the applicant shall be a qualified farmer of sound credit rating with the ability to repay the money borrowed, as determined by the department. The interest rate for lines of credit shall be the same rate provided in section 155-8. A borrower may access funds from a line of credit at any time during the term of a loan; provided that the borrower does not exceed the maximum credit limit and the account is in good standing.

(l) Class K: Import replacement loans shall provide credit for farm expansion to grow import replacement crops or to fund crops grown for the farm to state program established under section 27-8. Loans made under this class shall be for the purposes specified in class "A" and class "C", and terms shall be determined by the primary purpose of the loan funds. Loans for crops grown for the farm to state program shall have written commitments from the appropriate state agency. Import replacement crops shall be of sufficient scale to impact regional, island wide, or statewide markets.

Loans shall be for an amount not to exceed $2,500,000 and for a term not to exceed ten years.

To be eligible, the applicant shall be a qualified farmer of sound credit rating with the ability to repay the money borrowed, as determined by the department. Interest rates for this class shall be three per cent per year. [L 1959, c 278, pt of §1; am L 1961, c 104, §1(k); Supp, §102-9; HRS §155-9; am L 1969, c 49, §1; am L 1972, c 87, §3; am L 1979, c 222, §7; am L 1982, c 63, §3; gen ch 1985; am L 1989, c 222, §4; am L 1990, c 230, §1; am L 1996, c 253, §1; am L 1999, c 32, §4 and c 157, §2; am L 2000, c 51, §10; am L 2001, c 267, §2; am L 2008, c 209, §4; am L 2011, c 184, §5; am L 2013, c 201, §4; am L 2015, c 155, §7 ; am L 2025, c 69, §5 and c 236, §§17, 18]
Haw. Rev. Stat. § 145-22 — HI Code / Division 1 / Title 11 / Chapter 145 / Section 145-22
Agricultural commodities; ownership and movement certification.
Status: in_force

(a) Every person, upon sale of any agricultural commodity or upon transportation of lots of any agricultural commodity, shall complete and retain a certificate describing the commodity, the amount of the commodity, and value of the commodity. The certificate shall include:

(1) The seller's name, residence address, telephone number, and license plate number of any vehicle used by the seller to deliver the commodity to the place of purchase;

(2) The name of the farm owner and address of origin;

(3) The name of the buyer or consignee, and destination; and

(4) The signature of the seller and, upon sale, the signature of the buyer or consignee.

(b) Prior to completing the certificate, the buyer or consignee shall also require the seller to verify the seller's identity by having the seller present a valid photo identification card or license issued to the seller by a federal or state government agency. If the commodity being offered for sale has a value of $300 or more, the seller shall also provide the buyer with a photocopy of the identification card or license of the seller.

(c) No prospective buyer or consignee shall purchase an agricultural commodity from a seller if the seller does not provide a copy of the ownership and movement certification and verification as required by subsections (a) and (b). Every prospective buyer or consignee shall report an attempted sale that does not meet the requirements of subsections (a) and (b) to the police.

(d) Two copies of the certificate shall accompany the shipment, and one copy each shall be retained by the seller and the buyer or consignee. One of the copies of the certificate shall be presented upon request to a state or county law enforcement officer or other officer, employee, or any other person authorized and designated by the board of agriculture and biosecurity to investigate and enforce this chapter and all rules adopted by the department pursuant thereto.

(e) A failure to comply with any requirement under this section shall constitute a criminal offense subject to penalties under section 145-25; provided that this section shall not apply to the retail sale of an agricultural commodity to the final consumer. [L 1999, c 186, pt of §2; am L 2003, c 20, §2; am L 2012, c 125, §2; am L 2025, c 235, §29 and c 236, §18]
Haw. Rev. Stat. § 152-3 — HI Code / Division 1 / Title 11 / Chapter 152 / Section 152-3
Prohibited acts.
Status: in_force

It shall be unlawful to introduce or to transport specific noxious weeds or their seeds or vegetative reproductive parts into any area designated pursuant to section 152-5 as free or reasonably free of those noxious weeds; provided that the introduction or transportation of those noxious weeds may be permitted for educational or research purposes when authorized by a permit issued by the department.
Haw. Rev. Stat. § 150A-6.5 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-6.5
Animals; prohibition against possession, etc.
Status: in_force

§150A-6.5 Animals; prohibition against possession, etc.; exception. No person shall possess, propagate, sell, transfer, or harbor any animal included on the list of prohibited animals maintained by the board, except upon a determination that the species:

(1) Was initially permitted entry and later prohibited entry into the State; or

(2) Was continually prohibited but unlawfully introduced and is currently established in the State; and

(3) Is not significantly harmful to agriculture, horticulture, or animal or public health, and the environment.

Under the circumstances described in this [section], the board may permit possession of the individual animal through its registration with the department while still prohibiting the same species of animal from importation, propagation, transfer, and sale. [L 2000, c 211, pt of §1]
Haw. Rev. Stat. § 149A-13 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-13
Procedure for licensing pesticides.
Status: in_force

(a) Any pesticide which is received, used, sold, offered for sale, or distributed within this State shall be licensed by the board. Any pesticide product which has been sold in this State but for which the license is not renewed can be used by the purchaser. However, the product cannot be sold, resold, or distributed within the State before its license is renewed. The licensee shall file with the department a statement including:

(1) The name and address of the licensee and the name and address of the person whose name will appear on the label, if other than the licensee;

(2) The name of the pesticide;

(3) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including directions for use; and

(4) If requested by the department, a full description of the tests made and the results thereof upon which the claims are based.

(b) The licensee shall pay $75 for each year, or fraction thereof, that the pesticide is licensed. Licensing fees may be increased or decreased from time to time by rules and may vary according to the amount or quantity of pesticide to be sold, offered for sale, or distributed. The term of the license shall be for a period of up to three years. A license shall expire on December 31 of the third year. In case of renewal of license, a statement shall be required only with respect to information which is different from that furnished when the pesticide was licensed or last relicensed.

(c) When a licensee discontinues the distribution of a pesticide which has been licensed in this State, the licensee will be required to continue licensing of this pesticide until no more remains on the retailer's shelves, or for three years after written notice to the department of the date of discontinuance; provided that the continued sale is not specifically prohibited by the department or the EPA.

(d) The department, whenever it deems necessary in the administration of this chapter, may require the submission of the complete formula of any pesticide. If it appears to the department that the composition of the pesticide is complete as to warrant the proposed claims for it and if the pesticide and its labeling and other material required to be submitted comply with the requirements of section 149A-15, the department shall license the pesticide.

(e) Notwithstanding any other provision of this chapter, licensing of a pesticide is not required in the case of a pesticide shipped from one plant within this State to another plant within this State when both plants are operated by the same person. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1981, c 33, §3; am L 1985, c 243, §1; am L 1987, c 310, §5; am L 1996, c 281, §2]
Haw. Rev. Stat. § 163D-17 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-17
Hawaii agricultural development revolving fund; established; use of corporation funds.
Status: in_force

(a) There is established the Hawaii agricultural development revolving fund, to which shall be credited any state appropriations to the fund or other moneys made available to the fund, to be expended as directed by the corporation.

(b) The corporation shall hold the fund in an account or accounts separate from other funds. The corporation shall invest and reinvest the fund and the income thereof to:

(1) Purchase qualified securities issued by enterprises for the purpose of raising seed capital; provided that the investment shall comply with the requirements of this chapter;

(2) Make grants, loans, and provide other monetary forms of assistance necessary to carry out the purposes of this chapter; and

(3) Purchase securities as may be lawful investments for fiduciaries in the State.

All appropriations, grants, contractual reimbursements, and other funds not designated for this purpose may be used to pay for the proper general expenses and to carry out the purposes of the corporation.

(c) The corporation shall purchase qualified securities issued by an enterprise only after:

(1) Receiving:

(A) An application from the enterprise containing a business plan, which is consistent with the business and agricultural development plan, including a description of the enterprise and its management, product, and market;

(B) A statement of the amount, timing, and projected use of the capital required;

(C) A statement of the potential economic impact of the enterprise, including the number, location, and types of jobs expected to be created; and

(D) Any other information as the corporation shall require;

(2) Determining, based upon the application submitted, that:

(A) The proceeds of the investment will be used only to cover the seed capital needs of the enterprise, except as authorized in this section;

(B) The enterprise has a reasonable chance of success;

(C) The enterprise has the reasonable potential to create employment within the State and offers employment opportunities to residents;

(D) The coordinating entrepreneur and other founders of the enterprise have already made or are prepared to make a substantial financial and time commitment to the enterprise;

(E) The securities to be purchased are qualified securities;

(F) There is reasonable possibility that the corporation will recoup at least its initial investment; and

(G) Binding commitments have been made to the corporation by the enterprise for adequate reporting of financial data to the corporation, which shall include a requirement for an annual or other periodic audit of the books of the enterprise, and for control by the corporation that it considers prudent over the management of the enterprise, in order to protect the investment of the corporation, including membership on the board of directors of the enterprise, ownership of voting stock, input in management decisions, and the right of access to the financial and other records of the enterprise; and

(3) Entering into a binding agreement with the enterprise concerning the manner of payback by the enterprise of the funds advanced, granted, loaned, or received from the corporation. The manner of payback may include the payment of dividends, returns from the public sale of corporate securities or products, royalties, and other methods of payback acceptable to the corporation. In determining the manner of payback the corporation shall establish a rate of return or rate of interest to be paid on any investment, loan, or grant of corporation funds under this section.

(d) If the corporation makes a direct investment, it shall also find that a reasonable effort has been made to find a professional investor to make an investment in the enterprise as a coventure, and that the effort was unsuccessful. The findings, when made by the corporation, shall be conclusive.

(e) The corporation shall not make investments in qualified securities issued by an enterprise in excess of the following limits:

(1) Not more than $500,000 shall be invested in the securities of any one enterprise, except that more than a total of $500,000 may be invested in the securities of any one enterprise, if the corporation finds, after its initial investment, that additional investments in that enterprise are required to protect the initial investment of the corporation, and the other findings set forth in subsections (d) and (e) are made as to the additional investment;

(2) The corporation shall not own securities representing more than forty-nine per cent of the voting stock of any one enterprise at the time of purchase by the corporation after giving effect to the conversion of all outstanding convertible securities of the enterprise, except that in the event of severe financial difficulty of the enterprise, threatening the investment of the corporation in the enterprise, a greater percentage of those securities may be owned by the corporation; and

(3) Not more than fifty per cent of the assets of the corporation shall be invested in direct investments at any time.

(f) No investment, loan, grant, or use of corporate funds for the purposes of this chapter shall be subject to chapter 42F. [L 1994, c 264, pt of §1; am L 1997, c 190, §6; am L 1998, c 111, §8; am L 2004, c 216, §20]
Haw. Rev. Stat. § 150-30 — HI Code / Division 1 / Title 11 / Chapter 150 / Section 150-30
Disposition of fees and charges.
Status: in_force

All fees and charges received pursuant to this chapter shall be deposited with the state director of finance to the credit of the general fund.
Haw. Rev. Stat. § 161-3 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-3
Definitions.
Status: in_force

§161-3 Definitions.

"Adulterated" includes any poultry or poultry product in one or more of the following circumstances:

(1) It bears or contains any poisonous or deleterious substance which may render it injurious to health; provided that if the substance is not an added substance, the poultry or poultry product shall not be considered adulterated if the quantity of the substance in or on the poultry or poultry product does not ordinarily render it injurious to health.

(2) (A) It bears or contains by reason of administering any substance to the live poultry, including any added poisonous or added deleterious substance other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; (ii) a food additive; or (iii) a color additive, which may make the poultry or poultry product unfit for human consumption in the judgment of the board.

(B) It is, in whole or in part, a raw agricultural commodity and the commodity bears or contains a pesticide chemical which is unsafe under the Federal Food, Drug, and Cosmetic Act or chapter 328.

(C) It bears or contains any food additive which is unsafe under the Federal Food, Drug, and Cosmetic Act or chapter 328.

(D) It bears or contains any color additive which is unsafe under the Federal Food, Drug, and Cosmetic Act or chapter 328.

(E) Poultry or poultry products which are not adulterated under (B), (C) or (D) shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on the poultry or poultry products is prohibited by the board in establishments subject to inspection under part IV.

(3) It consists in whole or in part of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or unfit for human consumption.

(4) It has been prepared, packed, or held under unsanitary conditions, whereby it may be contaminated with filth or whereby it may be injurious to health.

(5) It is, in whole or in part, a product of poultry that has died other than by slaughter.

(6) Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health.

(7) It has been intentionally or unintentionally subjected to radiation unless the use of the radiation was in conformity with both the Federal Food, Drug, and Cosmetic Act and chapter 328.

(8) Any valuable constituent has been in whole or in part omitted or abstracted from it; or any substance has been substituted wholly or in part for it; or damage or inferiority has been concealed in any manner; or any substance has been added or mixed into it or packed with it so as to increase its bulk or weight, or to reduce its quality or strength, or to make it appear better or of greater value than it is.

"Board" means the board of agriculture and biosecurity or its designated representative.

"Capable of use as human food" refers to any poultry carcass, poultry part, or poultry product unless it is denatured or identified by rule to deter its use as human food, or unless it is naturally inedible by humans.

"Commercial carrier" means any person owning, controlling, operating, or managing any vehicle, directly or indirectly, for public use in the transportation by land, water, or air of goods or passengers for compensation.

"Department" means the department of agriculture and biosecurity.

"Federal Food, Drug, and Cosmetic Act" means the federal Act so entitled, approved June 25, 1938 (Public Law 75-717; 52 Stat. 1040; 21 U.S.C.A. section 301 et seq.), and all amendments to that Act.

"Intrastate commerce" means commerce within this State.

"Label" means a display of written, printed, or graphic matter upon the immediate container, not including package liners, of any poultry or poultry product.

"Labeling" means all labels and other written, printed, or graphic matter (1) upon any poultry or poultry product or any of its containers or wrappers, or (2) accompanying any poultry or poultry product.

"Licensee" means a person issued a license under part III of this chapter.

"Misbranded" includes any poultry or poultry product in one or more of the following circumstances:

(1) Its labeling is false or misleading in any particular.

(2) It is offered for sale under the name of another food.

(3) It is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and immediately thereafter the name of the food imitated.

(4) Its container is made, formed, or filled as to be misleading.

(5) It is in a package or other container, unless it bears a label showing:

(A) The name and place of business of the manufacturer, packer, or distributor; and

(B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided that the board may permit reasonable variations and may prescribe exemptions for small packages.

(6) Any word, statement, or other information required by this chapter to appear on the label or other labeling is not prominently placed with adequate conspicuousness, as compared with other words, statements, designs, or devices, on the labeling, and in adequate terms to be likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(7) It purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by the board under this chapter, unless:

(A) It conforms to that definition and standard; and

(B) Its label bears the name of the food specified in the definition and standard, and bears the common names of optional ingredients, as may be required, other than spices, flavoring, and coloring, present in the food.

(8) It purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by the board under this chapter, and it falls below the applicable standard of fill of container, unless its label bears, in the manner and form that the board prescribes, a statement that it falls below that standard.

(9) It is not subject to paragraph (7), unless its label bears:

(A) The common or usual name of the food, if any; and

(B) In case it is fabricated from two or more ingredients, the common or usual name of each ingredient, except that, when authorized by the board, spices, flavorings, and colorings may be designated as spices, flavorings, and colorings without naming each; provided that to the extent that compliance with this requirement is impracticable, or results in deception or unfair competition, exemptions shall be established by the board.

(10) It purports to be or is represented for special dietary uses, unless its label bears information concerning its vitamin, mineral, and other dietary properties that the board, after consultation with the United States Secretary of Agriculture, determines to be and prescribes as necessary, in order to fully inform purchasers as to its value for such uses.

(11) It bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; provided that to the extent that compliance with this requirement is impracticable, exemptions shall be established by the board.

(12) It fails to bear, directly on it or on its container, as the board may prescribe, the inspection legend and, unrestricted by any of the foregoing, other information as the board may require, to assure that the labeling will not be false or misleading and that the public will be informed of the manner of handling required to maintain the poultry or poultry products in a wholesome condition.

"Official certificate" means any certificate prescribed by the board for issuance by veterinarians, inspectors, or other persons performing official functions under this chapter.

"Official device" means any device prescribed or authorized by the board for use in applying any official mark.

"Official inspection legend" means any symbol prescribed by the board showing that poultry or poultry products were inspected and passed in accordance with this chapter.

"Official mark" means the official inspection legend or any other symbol prescribed by the board to identify the status of any poultry or poultry product under this chapter.

"Person" means any individual, firm, corporation, association, partnership, or any organized group of persons whether incorporated or not.

"Pesticide chemical", "food additive", "color additive", and "raw agricultural commodity" shall have the same meanings for purposes of this chapter as under the Federal Food, Drug, and Cosmetic Act.

"Poultry" means any domesticated bird, whether live or dead.

"Poultry broker" means any person engaged in the business of buying or selling poultry or poultry products on commission, or who otherwise negotiates the purchase, sale, or exchange of poultry or poultry products other than for the person's own account or as an employee of another person, firm, or corporation.

"Poultry product" means any poultry carcass or part thereof, or any food product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry, and which are exempted by the board from definition as poultry food product under conditions as the board may prescribe to assure that the poultry ingredients in the products are not adulterated and that the products are not represented as poultry products.

"Poultry Products Inspection Act" means the federal Act so entitled, approved August 28, 1957 (Public Law 85-172; 71 Stat. 441; 21 U.S.C.A. section 451 et seq.), as amended by the Wholesome Poultry Products Act (Public Law 90-492; 82 Stat. 791; 21 U.S.C.A. section 451 et seq.), and all amendments to those Acts.

"Prepared" or "processed" includes, but is not limited to, slaughtered, canned, boned, salted, stuffed, rendered, cut up, or otherwise manufactured.

"Reinspection" means the re-examination of poultry and poultry products previously inspected and the inspection of poultry and poultry products during processing.

"Renderer" means any person engaged in the business of rendering carcasses, parts, or products of the carcasses of poultry, except rendering conducted under inspection or exemption under this chapter.

"State" means the State of Hawaii.

"Veterinarian" means the state veterinarian or any of the veterinarian's duly authorized representatives.

"Wholesaler" means any person who buys or sells poultry or poultry products in trade channels other than retail. For the purpose of this chapter, a wholesaler who also has retail operations will be deemed to be a wholesaler. [L 1969, c 212, §3; gen ch 1985; am L 1986, c 207, §2; am L 1993, c 92, §2; am L 1995, c 89, §1; am L 2024, c 178, §4 ; am L 2025, c 236, §§17, 18]
Haw. Rev. Stat. § 147-126 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-126
Fees and deposit of moneys.
Status: in_force

(a) The department shall fix, assess, and collect fees for the inspection and certification services provided under this part. The fees shall be as established under cooperative agreement with the United States Department of Agriculture or other government agencies or, if not applicable, as established by rule under section 147-7. The department may also charge an amount necessary to cover all costs of traveling expenses and extraordinary services when the performance of the services involves unusual cost in their performance.

(b) Except for fees collected by the department pursuant to part VII, all fees and expenses collected by the department pursuant to this part shall be deposited with the director of finance to the credit of the general fund. [L 2003, c 49, pt of §1]
Haw. Rev. Stat. § 163D-2 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-2
Definitions.
Status: in_force

As used in this chapter, unless the context clearly requires otherwise:

"Agriculture" means the production for consumption within the State and exporting of plant and animal life on land and within ponds and other bodies of water for food, fiber, and raw materials for value-added products, and any agricultural enterprise or enterprises organized for the production of agricultural materials or value-added products based on detailed marketing analysis and strategies to exploit profitable potentials in local, national, and international markets, including general farming, cane growing, fruit growing, flower growing, aquaculture, growing of timber and forest products, apiary, grazing, dairying, and the production of any form of livestock or poultry, and their appurtenant services and facilities.

"Board" means the board of directors of the agribusiness development corporation.

"Coordinating entrepreneur" means a qualified person capable of organizing, operating, and assuming the risk for enterprises that may include securing land and seed capital, locating farmers, arranging right-to-till agreements, supplying materials, maintaining equipment and infrastructure, and providing for the processing and marketing of products.

"Corporation" means the agribusiness development corporation.

"Coventure" means an investment by the corporation in qualified securities of an enterprise in which a substantial investment is also being made or has been made by a professional investor to provide seed capital to an enterprise. A guarantee by the corporation of qualified securities provided by a professional investor shall be classified as a coventure. An investment made by the corporation, which is a direct investment, may later be classified as a coventure upon an investment by a professional investor.

"Direct investment" means an investment by the corporation in qualified securities of an enterprise in which no investment is being or has been made by a professional investor to provide seed capital to the enterprise.

"Enterprise" means a business with its principal place of business in Hawaii, which is, or proposes to be, engaged in agricultural crop development, development of new value-added products, enhancement of existing agricultural commodities, and the application of existing agricultural appurtenant facilities to productive uses; provided that the majority of whatever the corporation produces shall be produced for export.

"Export crops" means crops whose majority of production shall be for export outside the State or whose majority of the value-added products shall be exported.

"Fund" means the Hawaii agricultural development revolving fund.

"Partner member" means an open-access food and value-added product development facility that is part of the food and product innovation network but is not managed or operated by the corporation.

"Primary member" means an open-access food and value-added product development facility that is part of the food and product innovation network and is managed and operated by the corporation.

"Private lender" includes banks, savings and loan associations, mortgage companies, and other qualified companies whose business includes the making of loans in the State.

"Professional investor" means any bank, bank holding company, savings institution, farm credit institution, trust company, insurance company, investment company registered under the federal Investment Company Act of 1940, financial services loan company, pension or profit-sharing trust or other financial institution or institutional buyer, licensee under the federal Small Business Investment Act of 1958, or any person, partnership, or other entity of whose resources, a substantial amount is dedicated to investing in securities or debt instruments, and whose net worth exceeds $250,000.

"Project" means a specific undertaking, improvement, or system consisting of work or improvement, including personal property or any interest therein, acquired, constructed, reconstructed, rehabilitated, improved, altered, or repaired by the corporation.

"Project cost" means the total of all costs incurred by the corporation in carrying out all undertakings that it considers reasonable and necessary for the development of a project, including, but not limited to: studies; plans; specifications; architectural, engineering, or any other development related services; acquisition of land and any improvement thereon; site preparation and development; construction; reconstruction; rehabilitation; the necessary expenses in administering this chapter; and the cost of financing the project; and relocation costs.

"Project facilities" includes roads and streets, utility and service corridors, utility lines where applicable, water and irrigation systems, lighting systems, security systems, sanitary sewerage systems, and other community facilities where applicable.

"Qualified person" includes any individual, partnership, corporation, or public agency possessing the competence, expertise, experience, and resources, including financial, personnel, and tangible qualifications, as may be deemed desirable by the corporation in administering this chapter.

"Qualified security" means any note, stock, treasury stock bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, preorganization certificate of subscription, transferable share, investment contract, certificate of deposit for a security, certificate of interest or participation in a patent or patent application, or in royalty or other payments under such a patent or application, or, in general, any interest or instrument commonly known as a "security" or any certificate for, receipt for, or option, warrant, or right to subscribe to or purchase any of the foregoing.

"Revenue bonds" means bonds, notes, or other evidence of indebtedness of the corporation issued to finance any project facility.

"Right-to-till agreement" means a contract with a farmer assigning the farmer to a particular parcel or parcels with conditions set to specify the crop or crops that are to be grown, when the crops are to be grown, and how the crops are to be grown.

"Seed capital" means financing that is provided for the development, refinement, and commercialization of a product or process and other working capital needs.

"Trustee" means a national or state bank or trust company, within or outside the State, that enters into a trust indenture.

"Trust indenture" means an agreement by and between the corporation and a trustee that sets forth the duties of the trustee with respect to the revenue bonds, the security thereof, and other provisions as may be deemed necessary or convenient by the corporation to secure the revenue bonds.

"Value-added" means any activity that increases, by means of processing or any other means, the value of raw agricultural materials. [L 1994, c 264, pt of §1; am L 2022, c 219, §3 ; am L 2025, c 237, §3]
Haw. Rev. Stat. § 159-34 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-34
Prohibitions.
Status: in_force

(a) The preparation, sale, offering for sale, or transportation or receipt for transportation in intrastate commerce of meat and meat products derived from exotic animals, unless inspected and passed as provided for under this part, is prohibited. Violators shall be subject to all requirements and penalties of this chapter.

(b) Notwithstanding any other law to the contrary, no person shall buy, sell, transport, deliver, offer for sale or transportation, or receive for transportation in commerce, any bear gallbladders or bile, or any product, item, or substance containing, labeled, or advertised as containing bear gallbladders or bile. The possession of any bear gallbladders or bile, or any product, item, or substance containing, labeled, or advertised as containing bear gallbladders or bile is prima facie evidence of a violation of this subsection. The exemptions set forth in section 159-29 shall not apply to violations of this subsection. [L 1990, c 139, pt of §1; am L 1991, c 88, §1; am L 2012, c 126, §2]
Haw. Rev. Stat. § 167-7 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-7
Issuance of revenue bonds.
Status: in_force

(a) The board of agriculture and biosecurity shall have the power to issue revenue bonds in the name of the department in amounts as may be authorized by the legislature. All revenue bonds shall be issued pursuant to part III of chapter 39, except as provided in this chapter, to finance in whole or in part, the cost of construction, acquisition, or maintenance of any water facility or irrigation project hereunder, and, in connection therewith, to pledge or assign for the punctual payment of the revenue bonds, and interest thereon, any and all revenues derived from any project or projects undertaken by the board, in an amount sufficient to pay the principal and interest of the revenue bonds as they become due, and to create and maintain reasonable reserves or sinking funds therefor. Funds of the board, not otherwise required, may be advanced to pay necessary expenses incurred in making preparation for the issuance of revenue bonds under this chapter, and to take any other action necessary or proper in connection therewith.

(b) All revenue bonds issued pursuant to this chapter shall be issued in the name of the department and not in the name of the State.

(c) The board, with the approval of the governor, may designate by resolution all or any portion of an irrigation project or projects undertaken pursuant to this chapter; provided that for the purposes of this section, "undertaking" shall have the same meaning as used in part III of chapter 39. [L 1987, c 306, pt of §1; am L 1995, c 139, §2 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 143-3 — HI Code / Division 1 / Title 11 / Chapter 143 / Section 143-3
License fee controlled by ordinance.
Status: in_force

Except where licenses are dispensed with pursuant to section 143-2, each county council shall have the power to fix the license fee for dogs on a biennial basis. Until and unless otherwise provided by ordinance the biennial license fee for each dog shall be $4. Any person owning or having the custody or control of any dog shall pay the license fee to the director of finance of the county in which the dog is owned, kept, or controlled. The license fee shall be due and payable on January 2 of every second year and shall be paid before March 11 of every second year, or within thirty days after the exemption ceases in the case of dogs becoming subject to this chapter.

The full amount of the fee shall be paid for any fraction of the license period for which a license is issued.

All moneys received by the director of finance under this chapter shall be paid into the general fund of such county. [L 1941, c 268, §3; RL 1945, §7153; RL 1955, §156-3; am L 1959, c 120, §1; HRS §143-3; am L 1973, c 146, §2; am L 1980, c 148, §1]
Haw. Rev. Stat. § 150A-16.1 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-16.1
[ §150A-16.
Status: in_force

[ §150A-16.1] Transitional facilities; established. [Section effective January 1, 2028.] The department shall establish standards for transitional facilities, including standards for the construction, maintenance, and operation of transitional facilities. The department may establish standards for transitional facilities pursuant to the types of items stored by those facilities, and corresponding classes of licensure.
Haw. Rev. Stat. § 149A-14 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-14
Refusal, cancellation, or suspension of the license.
Status: in_force

(a) The department may refuse to license a pesticide when it has been determined that:

(1) The pesticide or its labeling does not comply with this chapter or the rules adopted under this chapter; or

(2) The licensee fails to comply with the licensing procedures set forth by rules; or

(3) The claims, representations, or other statements on the label are false or misleading; or

(4) The proposed use would result in unreasonable adverse effect on the environment.

(b) To protect the health and environment, the department may, after hearing, cancel the license of a pesticide. This cancellation shall be made after the department has determined that the continued use of the pesticide would result in unreasonable adverse effects on the environment.

(c) If the department determines that action is necessary to prevent an imminent hazard during the time required for cancellation proceedings, the department may suspend the license of a pesticide immediately. The suspension order shall be in effect until the department issues its final order either canceling or denying the cancellation of the license.

(d) The licensee shall be entitled to contest under chapter 91, the determinations of the department relative to refusing, canceling, or suspending a pesticide license. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1987, c 310, §6]
Haw. Rev. Stat. § 159-30 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-30
Storing, handling and transporting.
Status: in_force

The board may prescribe conditions under which carcasses, parts of carcasses, meat or meat products of cattle, sheep, swine, goats, horses, mules, or other equines, capable of use as human food, shall be stored or otherwise handled by any person engaged in the business of buying, selling, freezing, storing or transporting, in or for intrastate commerce, such meat or meat products, whenever the board deems action necessary to assure that such meat or meat products will not be adulterated or misbranded when delivered to the consumer. The violation of any regulation is prohibited.
Haw. Rev. Stat. § 150A-6.3 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-6.3
Microorganism import.
Status: in_force

(a) The board shall maintain:

(1) A list of nonrestricted microorganisms allowed entry into the State without a permit;

(2) A list of restricted microorganisms that require a permit for import into the State and possession; and

(3) A list of microorganisms that are select human pathogens allowed entry into the State without a permit but that require the department to notify the department of health of entry for the purpose of possible department of health inspection and monitoring.

Import of a microorganism on these lists, as well as import of any unlisted microorganism, shall be subject to the notification, labeling, and inspection requirements of section 150A-5, and is allowed only as provided herein.

(b) Import of a microorganism on the restricted list of microorganisms shall be by permit issued pursuant to rules and subject to conditions established by rules; provided that, if the department in its discretion determines that import of a microorganism on the restricted list or the microorganism's proposed use presents a high risk to agriculture, horticulture, the environment, or animal or public health, the import request shall be subject to advisory committee review and board approval, including a determination that the importer is able to comply with conditions established by the board, before a permit may be issued.

(c) Import and possession of an unlisted microorganism may be allowed based on the department's determination of the level of risk presented by the import, including its proposed use, to agriculture, horticulture, the environment, or animal or public health. Import shall be either by letter of authorization or special permit issued by the department, without advisory committee review or board approval, or, alternatively, by special permit issued by the department subsequent to advisory committee review and board approval, according to risk level as provided by rule; provided that in the latter instance the importer is able to comply with conditions established by the board.

(d) The department may issue an emergency permit on a case-by-case basis to a state or federal agency or state university to allow import and possession of a microorganism on the list of restricted microorganisms or an unlisted microorganism for the purpose of remediating any emergency or disaster affecting agriculture, horticulture, the environment, animal or public health, or for emergency preparedness; provided that:

(1) The board, without advisory committee review, first obtains advice from qualified persons with relevant expertise;

(2) The board determines that import in less time than is required for issuance of a special permit under subsections (b) and (c) as applicable, is necessary to remediate the emergency or disaster; and

(3) The importer is able to meet conditions established by the board.

(e) Microbial products may be imported as follows:

(1) Microbial products containing certain strains of microorganisms on the nonrestricted list of microorganisms, as identified by rule, may enter the State without a permit but shall not be imported without a registration issued pursuant to rules. Import of an unregistered microbial product required to be registered with the department is a violation of this section; and

(2) Import of microbial products other than those products required to be registered pursuant to paragraph (1) shall be by permit or letter of authorization, as provided in subsections (b) and (c) as applicable.

(f) The requirements of this section other than the notification, labeling, and inspection requirements of section 150A-5 shall not apply to import of microorganisms by the following:

(1) The state department of health or Tripler Army Medical Center for their laboratories; provided that the department of health shall develop and implement within its laboratories a mechanism for coordinated oversight and inventory control of microorganisms imported for its laboratories and implement internal procedures to assure proper biosafety containment and laboratory practices commensurate with microorganism risk levels; and

(2) A laboratory certified under the Clinical Laboratories Improvement Amendments of 1988 (42 U.S.C. 263 et seq.); provided that the certified laboratory is registered with the department pursuant to rules and imports microorganisms that are applicable to the category of examinations or procedures for which the foregoing certification was approved.

The department of health and Tripler Army Medical Center may transfer any such imported microorganisms between their respective laboratories without approval from the department of agriculture and biosecurity, but with notification to the department of agriculture and biosecurity prior to the transfer; provided that transfer of such imported microorganisms from the department of health, Tripler Army Medical Center, or a laboratory certified and registered as described in paragraph (2) to other entities in the State shall require prior approval from the department of agriculture and biosecurity in the form of a letter of authorization or a permit for possession.

(g) The board may amend conditions in permits, letters of authorization, and registrations, or cancel permits, letters of authorization, and registrations, as necessary, if the board determines that the classification of the microorganism being imported or the conditions attendant to the microorganism's import and use must be changed due to newly discovered risks to agriculture, horticulture, the environment, or animal or public health. [L 2000, c 211, pt of §1; am L 2002, c 61, §2; am L 2003, c 12, §1 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 147-81 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-81
Remedies and penalties not exclusive.
Status: in_force

The penalties and remedies provided in this part with respect to any violation of this part shall not be deemed exclusive of each other or of other civil or criminal rights, remedies, or penalties provided or allowed by law with respect to any such violation.
Haw. Rev. Stat. § 152-4 — HI Code / Division 1 / Title 11 / Chapter 152 / Section 152-4
Designation of noxious weed.
Status: in_force

The department may designate certain plant species as noxious weeds following the criteria and procedures established under section 152-2(1). The department shall publish and make available a list of noxious weeds to interested persons.
Haw. Rev. Stat. § 141-58 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-58
Programmatic environmental impact reports.
Status: in_force

(a) The department shall prepare programmatic environmental impact reports for existing and potential commercial aquaculture operations in both coastal and inland areas of the State if both of the following conditions are met:

(1) Funds are appropriated to the department for this purpose; and

(2) Matching funds are provided by the aquaculture industry.

(b) For purposes of this section, "matching funds" includes but is not limited to any funds expended by the aquaculture industry before January 1, 2022, for the preparation of a programmatic environmental impact report. [L 2022, c 134, pt of §2]
Haw. Rev. Stat. § 163D-12 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-12
Revenue bonds; investment of proceeds, and redemption.
Status: in_force

Subject to any agreement with the holders of its revenue bonds, the corporation may:

(1) Invest its moneys not required for immediate use, including proceeds from the sale of revenue bonds, in any investment in accordance with procedures prescribed in a trust indenture; and

(2) Purchase its revenue bonds out of any fund or money of the corporation available therefor, and hold, cancel, or resell the revenue bonds. [L 1994, c 264, pt of §1]
Haw. Rev. Stat. § 150A-60 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-60
Biosecurity emergency.
Status: in_force

[Section effective January 1, 2028.] (a) The department, with the approval of the governor, may declare a biosecurity emergency if:

(1) There has been in the State an outbreak or occurrence of a pest or prohibited or restricted organism that has the potential to cause significant economic or environmental loss if the pest or organism becomes established in the State;

(2) There is established in one area of the State a pest or prohibited or restricted organism that has the potential to cause significant economic or environmental loss if the pest or organism expands to other areas within a county or becomes established in another area of the State; or

(3) A pest or prohibited or restricted organism is, or threatens to be, beyond the State's ability to control.

(b) A biosecurity emergency shall automatically terminate one hundred calendar days after its declaration, unless the declaration is extended by the department with the approval of the governor.

(c) For the duration of a declared biosecurity emergency:

(1) The department shall be exempt from chapter 103D;

(2) The Hawaii invasive species council shall work with the chairperson; and

(3) The governor may transfer moneys to the department from any account within the governor's control.

(d) The governor may requisition and take control of any goods, real property, or watercraft required for the purposes of this section, or requisition and take control of the temporary use thereof; provided that:

(1) This subsection shall not apply to any vessel that:

(A) Has anti-fouling hull coating; and

(B) Does not discharge ballast water, uses freshwater for ballasting, or is equipped with ultraviolet filtration systems for ballast water;

(2) The requisition shall be made by serving notice upon any person found in occupation of the premises or having the property in the person's custody, possession, or control, and a like notice shall also be served upon any person who has filed with the governor, or with a person the governor designates for the purpose, a request for notice with respect to the property; provided further that if any person entitled to compensation for the property is unable to be served, the governor shall publish a notice of the requisition at the earliest practicable date; and

(3) A requisition shall terminate automatically one hundred calendar days after the declaration of a biosecurity emergency, or by a separate proclamation of the governor, whichever occurs first.

(e) If the governor requisitions and takes control of any property or the temporary use thereof, the owner, or other person entitled thereto, shall be paid a sum, determined by the governor to be fair and just compensation for the property or use, within twenty days after the property has been requisitioned and taken, or in monthly or lesser installments if the property is taken for temporary use.

If any person is unwilling to accept the sum determined by the governor as full and complete compensation for the property or use, the person shall be paid seventy-five per cent of that sum and may sue the State for an additional sum that, when added to the sum already received by the person, the person may consider fair and just compensation for the property or use, in the manner provided by chapter 661 for actions against the State; provided that:

(1) Any suit under this section shall be instituted within two years after the requisition in the case of the taking of real property in fee simple, or within one year after the requisition in all other cases, subject to sections 657-13 to 657-15, which are hereby made applicable to the suit;

(2) No more than six months shall be allowed for the bringing of a suit after the appointment of a conservator of a person under disability, or the removal of the disability, or after the appointment of personal representatives; and

(3) Recovery shall be confined to the fair market value of the property or its fair rental value, as the case may be, without any allowance for prospective profits, or punitive or other damages.

If the owner of property, or other person entitled to compensation for the requisitioning of property or use thereof, is under a disability, or has died, and no conservator or personal representative has been appointed, the State, acting through the attorney general, may apply for the appointment of a conservator or for the appointment of a personal representative.

(f) The governor shall appoint a board of three disinterested certified appraisers with whom may be filed any claim for damages arising out of any failure to return private property, the temporary use of which was requisitioned, or which was leased, or any claim for damages arising out of the condition in which the private property is returned. No claim may be filed for deterioration of property resulting from ordinary wear and tear and not for any deterioration or damage, except any that is shown to have resulted from the taking or use of the property; provided that any claim shall be filed within thirty days after the return of the property or after the governor proclaims that all private property has been returned to the owners, whichever is earlier. The decision of the appraisers shall be final and binding upon the governor and the claimant. Either party may file a petition in the circuit court within sixty days after the rendering of a decision of the board of appraisers, praying for the decision of the court upon the claim. The petition, if filed by the State, shall be entitled in the name of the State by the attorney general and shall be heard and decided by the circuit court without the intervention of a jury. If filed by any other party, the petition shall be filed, heard, and decided in the manner provided for suits against the State. Appellate review may be had, subject to chapter 602, in the manner provided for civil appeals from the circuit courts. The court may order the joinder of other parties or may allow other parties to intervene. Any award that has become final shall be paid out of any funds available under this chapter and, if not sufficient, out of the general revenues of the State as appropriated. [L 2025, c 236, §22]
Haw. Rev. Stat. § 147-93 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-93
Cooperating with federal authority.
Status: in_force

The department of agriculture and biosecurity may enter into cooperative agreements with the United States Department of Agriculture for the purpose of grading beef, pork, mutton, and lamb carcasses.
Haw. Rev. Stat. § 145-4 — HI Code / Division 1 / Title 11 / Chapter 145 / Section 145-4
Bonding of commission merchant and broker.
Status: in_force

Before any license is issued to any commission merchant or broker, the applicant shall execute and deliver to the department a surety bond in the amount specified in the rules of the department, but not to exceed $10,000, executed by the applicant as principal and by a surety company qualified and authorized to do business in this State as surety. The bond shall be conditioned upon compliance with this chapter and upon the faithful and honest handling or negotiation of the purchase or sale of farm products in accordance with this chapter. The bond shall be to the State in favor of every producer-consignor of farm products grown within the State. Any producer-consignor of farm products grown within the State claiming to be injured by the fraud, deceit, or wilful negligence of any commission merchant or broker may bring action upon the bond against both principal and surety in any court of competent jurisdiction to recover the damages caused by such fraud, deceit, or wilful negligence, or the failure to comply with this chapter. In case of failure by a commission merchant to pay producer-consignor creditors for farm products received from the consignors to be sold or failure by a broker to pay producer-consignor creditors for farm products delivered to and paid for by a buyer as a result of a negotiated sale by the broker on behalf of the producer, the department shall proceed forthwith to ascertain the names and addresses of all producer-consignor creditors of the commission merchant or broker, together with the amounts due and owing to them and each of them by the commission merchant or broker, and shall request all the producer-consignor creditors to file a verified statement of their respective claims with the department. The request shall be addressed to each known producer-consignor creditor at its last known address. If a producer-consignor creditor so addressed fails, refuses, or neglects to file in the office of the department its verified claim as requested by the department within ninety days from the date of such request, the department shall thereupon be relieved of further duty or action hereunder on behalf of the producer-consignor creditor.

Upon ascertaining all claims and statements in the manner herein set forth, the department may then make demand upon the bond on behalf of those claimants whose statements have been filed, and shall have the power to settle or compromise the claims with the surety company on the bond, and is empowered in such cases to execute and deliver a release and discharge of the bond involved. Upon the refusal of the surety company to pay demand, the department shall thereupon bring an action on the bond in behalf of the producer-consignor creditors. Upon any action being commenced on the bond, the department may require the filing of a new bond and immediately upon the recovery in any action on the bond such commission merchant or broker shall file a new bond and upon failure to file the same within ten days in either case, such failure shall constitute ground for the suspension or revocation of the commission merchant's or broker's license. [L 1951, c 74, pt of §1; RL 1955, §23-4; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §145-4; am L 1983, c 258, §3; am L 1984, c 116, §2; gen ch 1985]
Haw. Rev. Stat. § 150A-54 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-54
Biosecurity program; charges; costs.
Status: in_force

(a) [Subsection effective until December 31, 2027. For subsection effective January 1, 2028, see below.] The department shall set and impose charges for the inspection, quarantine, and eradication of pests in accordance with this chapter and chapter 141. The department shall deposit the charges into the pest inspection, quarantine, and eradication fund established pursuant to section 150A-4.5.

(b) The department shall set the charges at amounts intended to generate revenues that, when combined with federal and other funds, are sufficient to pay for the operating and maintenance cost of the program and debt service on bonds issued to fund facilities constructed for the program. [L 2008, c 236, pt of §2]

§150A-54 Biosecurity program; charges; costs. (a) [Subsection effective January 1, 2028. For subsection effective until December 31, 2027, see above.] The department shall set and impose charges for the inspection, quarantine, and eradication of pests in accordance with this chapter and chapter 141, including imposing charges on an importer for using a transitional facility. The department shall deposit the charges into the pest inspection, quarantine, and eradication fund established pursuant to section 150A-4.5.

(b) The department shall set the charges at amounts intended to generate revenues that, when combined with federal and other funds, are sufficient to pay for the operating and maintenance cost of the program and debt service on bonds issued to fund facilities constructed for the program. [L 2008, c 236, pt of §2 ; am L 2025, c 236, §32]
Haw. Rev. Stat. § 150A-45 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-45
Emergency remediation.
Status: in_force

In conjunction with summary suspension of an importer's certificate, upon the department's determination that there is an impending danger of escape or release of, or contamination from or exposure to microorganisms imported pursuant to certificate so as to present a threat to public health or safety, animal health, agriculture, horticulture, or the environment, or in the event of a medical emergency or agricultural or ecological disaster resulting from escape or release of, or contamination from or exposure to microorganisms imported pursuant to certificate, the department may, at the expense of the importer, seize, quarantine, remediate, condemn, or destroy the imported microorganisms, or any contaminated material, containment equipment, and laboratory or other contained system approved by the department, as the department in its discretion determines is necessary to address the threat, emergency, or disaster.
Haw. Rev. Stat. § 157-15 — HI Code / Division 1 / Title 11 / Chapter 157 / Section 157-15
Audit of books and accounts.
Status: in_force

The board of agriculture and biosecurity may examine and audit the books and accounts of licensed producers, producer-distributors, and distributors for the purpose of determining how payments to producers and producer-distributors are computed, whether the amounts of the payments are fair, or whether any provisions of this chapter affecting such payments, directly or indirectly, have been or are being violated. The board may also examine and audit the costs of the production, handling, processing, distribution, and marketing of milk as they may affect such payments, directly or indirectly. The board shall conduct a monthly audit with Federal Milk Marketing Order specifications which examines and verifies milk utilization by the processing plants. The board may also contract for an independent audit with Federal Milk Marketing Order specifications to examine and verify milk utilization by the processing plants at least once during the fiscal year for each processor when:

(1) A class I milk only situation exists; and

(2) Milk is utilized for other than class I purposes or rejected for reasons other than antibiotics, high temperature, low cryoscope, off-flavor, somatic cell count, or as determined necessary by the board.

The audit report for each processing plant shall be made available after completion. [L 1967, c 260, §8; HRS §157-15; am L 1988, c 25, §2; am L 1994, c 144, §2 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 169-2 — HI Code / Division 1 / Title 11 / Chapter 169 / Section 169-2
Activities permitted in a private agricultural park.
Status: in_force

Within a private agricultural park, pursuant to private agreements between any or all of the parties of the private agricultural park agreement, one or more of the parties may:

(1) Engage in the generation of electrical energy from fossil fuel or renewable energy sources, including the use of falling water, biomass, wind, and solar energy. Any electrical energy generated within the boundaries of the private agricultural park, whether by a party or parties to the agreement or through an agreement between a party or parties and a nonparty independent energy producer, may be produced, sold, transmitted, and consumed by any other party of the private agricultural park agreement; provided that the electrical energy generated is used for agricultural purposes including but not limited to the pumping of agricultural water, cooling, air conditioning, or agricultural processing; provided further that the electrical energy generated is used within the established boundaries of the private agricultural park; and provided further that the transmission and distribution system is solely owned by a party of the private agricultural park agreement;

(2) Collect, sell, and distribute cold water to any other party of the private agricultural park agreement to operate cooling and processing facilities for agricultural products or for air conditioning;

(3) Collect, store, sell, and distribute nonpotable water for irrigation purposes to any other party of the private agricultural park agreement; and

(4) Engage in any other lawful activity within the boundaries of the private agricultural park for the benefit of one or more of its parties. [L 2009, c 122, pt of §2]
Haw. Rev. Stat. § 142-5.5 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-5.5
Service animals.
Status: in_force

Any person with a disability who uses the services of a service animal, as defined in section 347-2.5, shall be permitted to reside on site for the duration of quarantine, if housing is available.
Haw. Rev. Stat. § 155-32 — HI Code / Division 1 / Title 11 / Chapter 155 / Section 155-32
Hawaii water infrastructure loan program.
Status: in_force

There is established a Hawaii water infrastructure loan program, which shall be a loan program as defined under section 39-51. The program shall be administered by the department in a manner consistent with chapter 39, part III. This loan program may include:

(1) Loans made, on terms approved by the department, to:

(A) Private entities, whether corporations, partnerships, limited liability companies, or other persons, which entities may lease or provide water infrastructure equipment to utility customers; and

(B) Water utilities; and

(2) Direct loans to utility customers, on terms approved by the department. [L 2016, c 171, pt of §1; am L 2017, c 133, §2]
Haw. Rev. Stat. § 145-7 — HI Code / Division 1 / Title 11 / Chapter 145 / Section 145-7
Credit for loss or dumping.
Status: in_force

No claim or credit in any payment, accounting, or settlement shall be made or taken against a producer by any commission merchant, dealer, processor, or retail merchant for any damage to, or loss, dumping, or disposal, of any farm produce unless such claim or credit has been agreed to in writing by the producer and the licensee has secured and is in possession of a certificate issued by an agent of the department of agriculture and biosecurity showing that the produce has no commercial value, or a certificate issued by a county or state health officer, or other duly authorized officer, stating that the produce has been destroyed or otherwise disposed of as unfit for human consumption.
Haw. Rev. Stat. § 144-14 — HI Code / Division 1 / Title 11 / Chapter 144 / Section 144-14
Publications.
Status: in_force

The department shall publish at least annually in such forms as it may deem proper, information concerning the distribution of feeds, together with such data on their production and use as it may consider advisable, and a report of the results of the analyses of official samples of feeds distributed within the State as compared with the analyses guaranteed in the registration and on the label; provided that the information concerning production and use of feeds shall not disclose the operations of any person.
Haw. Rev. Stat. § 141-41 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-41
Renumbered as §141-14.
Status: in_force

§141-41 Renumbered as §141-14.
Haw. Rev. Stat. § 163D-14 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-14
Trustee; designation, duties.
Status: in_force

(a) The corporation shall designate a trustee for each issue of revenue bonds secured under the same trust indenture.

(b) The trustee shall be authorized by the corporation to hold and administer the project facility revenue bond special fund established pursuant to section [163D-13], to receive and receipt for, hold, and administer the revenues derived by the corporation from the project facility for which the revenue bonds were issued, and to apply these revenues to the payment of the cost:

(1) Of undertaking the project facility;

(2) Of administering and operating the proceedings providing for the issuance of the revenue bonds;

(3) To pay the principal or interest on these bonds;

(4) To the establishment of reserves; and

(5) To other purposes as may be authorized in the proceedings providing for the issuance of the revenue bonds.

(c) Notwithstanding section 39-68 to the contrary, the director of finance may appoint the trustee to serve as fiscal agent for:

(1) The payment of the principal of and interest on the revenue bonds; and

(2) The purchase, registration, transfer, exchange, and redemption of the bonds.

(d) The trustee shall perform additional functions with respect to the payment, purchase, registration, transfer, exchange, and redemption of the bonds, as the director of finance may deem necessary, advisable, or expeditious, including the holding of the revenue bonds and coupons that have been paid and the supervision of the destruction thereof in accordance with applicable law.

(e) Nothing in this chapter shall limit or be construed to limit the powers granted to the director of finance in sections 36-3, 39-13, and 39-68(a), to appoint the trustee or others as fiscal agents, paying agents, and registrars for the revenue bonds or to authorize and empower those fiscal agents, paying agents, and registrars to perform the functions referred to in those sections. [L 1994, c 264, pt of §1]
Haw. Rev. Stat. § 163D-13 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-13
Revenue bonds; special funds.
Status: in_force

(a) A separate special fund shall be established for each project facility financed from the proceeds of the revenue bonds secured under the same trust indenture. Each fund shall be designated "project facility revenue bond special fund" and shall bear additional designation as the corporation deems appropriate to properly identify the fund.

(b) Notwithstanding any other law to the contrary, including section [163D-17], all revenues, income, and receipts derived from the project facility for which the revenue bonds are issued shall be paid into the project facility revenue bond fund established for that project facility and applied as provided in the proceedings authorizing the issuance of the revenue bonds. [L 1994, c 264, pt of §1]
Haw. Rev. Stat. § 150A-6.6 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-6.6
Import lists amendment.
Status: in_force

Without regard to the notice and public hearing requirements of chapter 91, the board may adopt rules to make additions to or deletions from the lists required to be maintained in sections 150A-6.1 through 150A-6.3; provided that the board shall adopt rules pursuant to chapter 91 to establish methods to obtain public input and notify the public of additions to or deletions from the lists required under sections 150A-6.1 through 150A-6.3.
Haw. Rev. Stat. § 161-37 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-37
Articles not intended for human food.
Status: in_force

Inspection shall not be made under this chapter at any establishment for the slaughter of poultry or the processing of any carcasses or parts or products of poultry, which are not intended for use as human food, provided that the poultry or poultry products shall, prior to their offer for sale or transportation in intrastate commerce, unless naturally inedible by humans, be denatured or otherwise identified as specified by rule to deter their use for human food. No person shall buy, sell, transport, or offer for sale or transportation, or receive for transportation, in intrastate commerce, any carcasses, parts thereof, poultry, or poultry products of any poultry which are not intended for use as human food unless they are denatured or otherwise identified as required by the rules adopted by the board or are naturally inedible by humans.
Haw. Rev. Stat. § 159-52 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-52
Penalties; prosecution.
Status: in_force

(a) Whenever any carcass, part of a carcass, or meat or meat product of cattle, sheep, swine, goats, horses, mules, or other equines or any product exempted from the definition of a meat or meat product or any dead, dying, disabled, or diseased cattle, sheep, swine, goat, or equine is found by any authorized representative of the board upon any premises where it is held for purposes of, or during or after distribution in, intrastate commerce and there is reason to believe that any meat or meat product is adulterated or misbranded and is capable of use as human food, or that it has not been inspected in violation of this chapter, the Federal Meat Inspection Act, or the Hawaii or Federal Food, Drug, and Cosmetic Act, or that the meat or meat product or animal has been or is intended to be distributed in violation of any provisions, it may be detained by the representative for a period not to exceed twenty days, pending action or notification of any federal authorities having jurisdiction over the meat or meat product or animal, and shall not be moved by any person from the place at which it is located when detained unless released by the representative. All official marks may be required by the representative to be removed from the meat or meat product or animal before it is released unless it appears to the satisfaction of the board that the meat or meat product or animal is eligible to retain the marks.

(b) Any carcass, part of a carcass, or meat or meat product of cattle, sheep, swine, goats, horses, mules, or other equines or any dead, dying, disabled, or diseased cattle, sheep, swine, goat, or equine that is being transported in commerce or is held for sale in the State after being so transported and that (1) is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter, or (2) is capable of use as human food and is adulterated or misbranded, or (3) in any other way is in violation of this chapter, shall be liable to be proceeded against and seized and condemned, at any time, in any court within the jurisdiction of which the meat or meat product or animal is found. If the meat or meat product or animal is condemned, it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees and storage and other proper expenses, shall be paid into the general fund of the State, but the meat or meat product or animal shall not be sold contrary to this chapter, the Federal Meat Inspection Act, or the Hawaii or Federal Food, Drug, and Cosmetic Act; provided that upon the execution and delivery of a good and sufficient bond issued on the condition that the meat or meat product or animal shall not be sold or otherwise disposed of contrary to this chapter or the laws of the United States, the court may direct that the meat or meat product or animal be delivered to the owner thereof subject to supervision by authorized representatives of the board as is necessary to ensure compliance with the applicable laws. When a decree of condemnation is entered against the meat or meat product or animal and it is released under bond, or destroyed, court costs and fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the meat or meat product or animal.

(c) The circuit courts of the State are vested with jurisdiction specifically to enforce and to prevent and restrain violations of this chapter and shall have jurisdiction in all other kinds of cases arising under this chapter; provided that the district courts of the State shall have jurisdiction over misdemeanors committed under this chapter.

(d) Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person engaged in the performance of, or on account of, official duties under this chapter shall be fined not more than $5,000 or imprisoned not more than five years, or both.

(e) Any person who violates any provision of this chapter for which no other criminal penalty is provided by this chapter shall be fined not more than $1,000 or imprisoned not more than one year, or both, but if the violation involves intent to defraud or any distribution or attempted distribution of meat or meat product that is adulterated, the person shall be fined not more than $10,000 or imprisoned for not more than five years, or both; provided that no person shall be subject to penalties under this section for receiving for transportation any meat or meat product or animal in violation of this chapter if the receipt was made in good faith, unless the person refuses to furnish on request of a representative of the board the name and address of the person from whom the meat or meat product or animal was received and copies of all documents, if any there be, pertaining to the delivery of the meat or meat product or animal.

(f) Nothing in this chapter shall be construed as requiring the board to issue citations and summons or to report for prosecution or injunction proceedings minor violations of this chapter whenever it believes that the public interest will be adequately served by a suitable written notice of warning. In determining whether the public interest will be adequately served by a written notice of warning, the board shall take into account, among other factors:

(1) The compliance history of those persons;

(2) The magnitude of the violation;

(3) Whether compliance with this chapter would likely result from that notice; and

(4) Whether the violation is of a minor or technical nature.

(g) Any person who neglects or refuses to attend and testify or to answer any lawful inquiry or to produce documentary evidence, if in that person's power to do so in obedience to the subpoena or lawful requirement of the board, shall be guilty of an offense and, upon conviction thereof by a court of competent jurisdiction, shall be fined not more than $1,000 or imprisoned not more than one year, or both.

(h) Any person who wilfully makes, or causes to be made, any false entry or statement of fact in any report required to be made under this chapter, or who wilfully makes, or causes to be made, any false entry in any account, record, or memorandum kept by any person subject to this chapter, or wilfully neglects or fails to make, or causes not to be made, full, true, and correct entries in the accounts, records, or memoranda of all facts and transactions appertaining to the business of the person, or wilfully removes out of the jurisdiction of the State, or wilfully mutilates, alters, or by any other means falsifies any documentary evidence of any person, or wilfully refuses to submit to the board or to any of its authorized agents, for the purpose of inspection and taking copies, any documentary evidence of any person in the person's possession or within the person's control, shall be fined not more than $1,000 or imprisoned not more than one year, or both.

(i) If any person required by this chapter to file any annual or special report fails to do so within the time fixed by the board and the failure continues for thirty days after notice of default, that person shall forfeit to the State the sum of $100 for each day of the continuance of the failure, which forfeiture shall be payable into the state general fund and shall be recoverable in a civil suit in the name of the State brought in the county where the person's principal office is located or in any county in which the person does business. It shall be the duty of the county attorneys or corporation counsel of the respective counties within the State, upon request of the attorney general, to prosecute for the recovery of the forfeitures.

(j) Any officer or employee of the State who makes public any confidential information obtained by the board, unless directed by a court, shall be fined not more than $1,000 or imprisoned not more than one year, or both. [L 1969, c 214, pt of §1; gen ch 1985; am L 1986, c 206, §3; am L 1990, c 139, §§14, 15; am L 1991, c 88, §1]
Haw. Rev. Stat. § 142-50 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-50
Definitions.
Status: in_force

As used in this part:

"Brand" means a design that is permanently impressed on the hide of an animal by burning with acid, a chemical compound, or a hot iron.

"Mark" means a design that is cut into or from the ear, dewlap, or other part of an animal. [L 2025, c 235, pt of §6]
Haw. Rev. Stat. § 159-17 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-17
Records of licensees.
Status: in_force

The board may require licensees to keep the records and information as it deems necessary for the proper enforcement of this chapter.
Haw. Rev. Stat. § 163D-19 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-19
Annual report.
Status: in_force

(a) The corporation shall submit to the governor and the legislature, no later than twenty days prior to the convening of each regular session, a complete and detailed report of its plans and activities.

(b) The following information shall be included in the annual report and shall be posted on the corporation's website:

(1) The number of lots the corporation leased or used, by size and island;

(2) The number of lots the corporation leased or used, by island, that contain protocols and conditions supporting specialty farm products;

(3) The number of vacant parcels and unoccupied parcels in the leasing process, by island, including the parcel size, location, and date the parcel was last occupied by a tenant; and

(4) A description of any lease sales or transfers approved by the corporation, including:

(A) A description of the type of farm products produced by the transferring lessee and the farm products to be produced by the accepting lessee on the leased lands; and

(B) The date and description of the transferring lessee's last lease approved by the corporation. [L 1994, c 264, pt of §1; am L 2019, c 28, §9]
Haw. Rev. Stat. § 157-24 — HI Code / Division 1 / Title 11 / Chapter 157 / Section 157-24
Granting, suspending, and revoking licenses.
Status: in_force

(a) No license shall be denied unless the board of agriculture and biosecurity finds, after due notice and opportunity of hearing to the applicant or licensee, one or more of the following:

(1) That the applicant is not qualified or does not possess equipment to conduct the business properly.

(2) That the issuance of the license will tend to promote destructive or demoralizing competition in a market already adequately served.

(3) That the issuance of the license is otherwise not in the public interest.

(b) The board may refuse to renew a license or may suspend or revoke a license, upon due notice and opportunity of hearing to the licensee, when it finds any of the following:

(1) That any licensee has, without reasonable cause, refused to accept milk delivered or failed to deliver milk as agreed, except where a contract has been terminated.

(2) That any licensee has failed to account or make payment, without reasonable cause, for any milk purchased.

(3) That any licensee has been adjudged a bankrupt.

(4) That any licensee has continued in a course of dealing of such a nature as to indicate the licensee's inability or unwillingness to properly conduct the business of producing, processing, delivering, receiving, or selling milk or of the licensee's intent to deceive or defraud producers, producer-distributors, distributors or consumers.

(5) That any licensee has violated the state antitrust law, chapter 480.

(6) That any licensee has failed to keep records or to furnish the statements or information required by the board.

(7) That any licensee has intentionally made a false or misleading statement upon which the license was issued.

(8) That the licensee has violated or failed to comply with this chapter.

(9) That the licensee has ceased to operate the milk business for which the license was issued.

(c) The board may conditionally renew a license or may conditionally decline to suspend or revoke a license, but such condition shall have appropriate relation to the administration of this chapter. [L 1967, c 260, §15; HRS §157-24; gen ch 1985 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 142-96 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-96
Frightening animals; penalty.
Status: in_force

Whoever frightens, exasperates, or animates a horse or other animal, and thereby endangers the personal safety or the personal property of any person, or the animal itself, being that of another, shall, in case the personal safety of any person is thereby imminently endangered, be fined not less than $5 nor more than $500; or in case the personal safety of any person is not so endangered, be fined not less than $5 nor more than $100. [PC 1869, c 26, §4; RL 1925, §4393; RL 1935, §6285; RL 1945, §11704; RL 1955, §311-4; HRS §142-96]
Haw. Rev. Stat. § 141-57 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-57
Protection of indigenous species.
Status: in_force

(a) When necessary for the protection of indigenous species, the department may regulate the transportation, purchase, possession, and sale of specific aquaculture products as provided for in this section.

(b) The department may determine that aquaculture products shall be accompanied by a document containing any of the following information:

(1) The name, address, and registration number of the aquaculture producer;

(2) The species;

(3) The weight, volume, or count within the container;

(4) The date of the shipment; and

(5) The name and address of the intended receiver.

(c) The department may require that certain aquaculture products be additionally identified as having been produced by aquaculture. [L 2022, c 134, pt of §2]
Haw. Rev. Stat. § 142-12 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-12
Penalties.
Status: in_force

(a) Any person violating any provision of this chapter or any rule adopted pursuant to this chapter that is designated as a petty misdemeanor shall be sentenced as follows:

(1) For the first offense, or any offense not preceded within a five-year period by an offense under the same section, a fine of not less than $250 or imprisonment of thirty days or less, but not less than three consecutive days, or both;

(2) For an offense that occurs within five years of a previous conviction for an offense under the same section, a fine of not less than $500 or imprisonment of thirty days or less, but not less than ten days, or both; and

(3) For an offense that occurs within five years of two or more previous convictions for offenses under the same section, a fine of $1,000 or imprisonment of thirty days, or both.

(b) Any person violating any provision of this chapter or any rule adopted pursuant to this chapter that is designated as a misdemeanor shall be sentenced as follows:

(1) For the first offense, or any offense not preceded within a five-year period by an offense under the same section, a fine of not less than $500 or imprisonment of one year or less, but not less than five consecutive days, or both;

(2) For an offense that occurs within five years of a previous conviction for an offense under the same section, a fine of not less than $1,000 or imprisonment of one year or less, but not less than thirty days, or both; and

(3) For an offense that occurs within five years of two or more previous convictions for offenses under the same section, a fine of $2,000 or imprisonment of one year, or both.

(c) Any provision of this chapter or any rule adopted pursuant to this chapter that is not specifically designated as a petty misdemeanor, misdemeanor, or felony, shall be enforced via civil or administrative means.

(d) Any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit a violation of this chapter, or that facilitated or assisted the activity, and any proceeds or other property acquired or maintained with the proceeds from a violation of this chapter may be ordered forfeited to the State, subject to the requirements of chapter 712A. [L 1882, c 34, §8; am L 1903, c 8, §1; RL 1925, §621; RL 1935, §216; RL 1945, §1066; RL 1955, §20-13; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-12; am L 1972, c 86, §2; am L 1983, c 130, §1; am L 1986, c 262, §1 ; am L 2025, c 235, §12]
Haw. Rev. Stat. § 142-49 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-49
Livestock ownership and movement certification; penalty.
Status: in_force

(a) Every owner, upon sale or transportation of livestock, including cattle, horses, sheep, goats, pigs, bison, or llamas, shall complete a certificate describing the animal or animals including sex, breed, age, and brand and indicating the seller or owner, buyer or consignee, and origin and destination. Two copies of the certificate shall accompany the shipment, one copy shall be given or electronically transmitted to the department of agriculture and biosecurity, and one copy shall be retained by the owner. One of the copies of the certificate shall be presented upon request to a law enforcement officer or other officer or employee as described in section 142-29.

(b) Any person who violates this section upon the sale of livestock, transport of livestock to slaughter, or transport of livestock interisland or interstate shall be assessed an administrative penalty of up to $500 per animal moved without a certificate. [L 1986, c 62, §1; am L 1997, c 62, §5 ; am L 2025, c 235, §19 and c 236, §17]
Haw. Rev. Stat. § 142-13 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-13
Reporting disease; penalty.
Status: in_force

Any person knowing or having reason to believe that any animal on or about that person's premises or the premises of another is affected with any infectious or contagious disease who fails to promptly report the same to the department of agriculture and biosecurity, shall be fined not less than $25 nor more than $500.
Haw. Rev. Stat. § 142-98 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-98
Fees.
Status: in_force

(a) The department of agriculture and biosecurity may establish and assess fees pursuant to chapter 91 for facilities usage, vaccination programs, emergency transportation of quarantined animals, insecticides, medication, and other goods and services deemed necessary and provided by the department of agriculture and biosecurity in enforcing the provisions of this chapter; provided that the assessment of these fees does not violate any other provision of this chapter.

(b) All fees and expenses, other than for the initial inspection, relating to quarantine, confinement, investigation, overtime, meals, transportation, recapture, vaccination, examination, treatment, dipping, and any other function deemed necessary by the department shall be the responsibility of the owner, consignee, or handler.

(c) Notwithstanding any other law to the contrary, any payments due and owing to the State for any fees for goods and services received from the State at the animal quarantine station may be made by means of credit cards as may be deemed acceptable by the comptroller. The use of credit cards shall be exempt from section 40-35. A service fee may be required by the department for this use. [L 1986, c 267, §1; am L 1995, c 75, §1 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 161-22 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-22
Post-mortem inspection; reinspection.
Status: in_force

A post-mortem examination and inspection of the carcasses and parts thereof of all poultry capable of use as human food, to be processed at any slaughtering, poultry-canning, packing, or similar establishment in this State in which such poultry or poultry products are prepared solely for intrastate commerce; and the carcasses and parts thereof of all such poultry or poultry products found to be not adulterated shall be marked, stamped, tagged, or labeled, as "Hawaii Inspected and Passed"; and said inspectors shall label, mark, stamp, or tag as "Hawaii Inspected and Condemned", all carcasses and parts thereof of poultry or poultry products found to be adulterated; and all carcasses and parts thereof thus inspected and condemned shall be destroyed for food purposes by the establishment in the presence of an inspector, and the board may remove inspectors from any such establishment which fails to so destroy any condemned carcass or part thereof, and the inspectors, after the first inspection shall, when they deem it necessary, reinspect the carcasses or parts thereof to determine whether since the first inspection the same have become adulterated and if any carcass or any part thereof shall, upon examination and inspection subsequent to the first examination and inspection, be found to be adulterated, it shall be destroyed for food purposes by the establishment in the presence of an inspector, and the board may withdraw inspection from any establishment which fails to so destroy any condemned carcass or part thereof.

The foregoing provisions, including those in section 161-21, shall apply to all poultry and carcasses or parts of carcasses of poultry or poultry products thereof, capable of use as human food, which may be brought into any poultry slaughtering, poultry-canning, packing, or similar establishment, where inspection under this part is maintained, and such examination and inspection shall be made before the carcasses or parts thereof shall be allowed to enter into any establishment wherein the same are to be treated and prepared for poultry products; and the foregoing provisions shall also apply to all such products which, after having been issued from any poultry slaughtering, poultry-canning, packing, or similar establishment, shall be returned to the same or to any similar establishment where such inspection is maintained. The board may limit the entry of poultry or poultry products, and other materials into any establishment at which inspection under this part is maintained, under such conditions it may prescribe to assure that allowing the entry of such poultry or poultry products into such inspected establishments will be consistent with the purpose of this chapter.

The board shall cause to be made by veterinarians and poultry inspectors appointed for that purpose an examination and inspection of all poultry or poultry products processed in any poultry slaughtering, poultry-canning, packing, or similar establishment, where such poultry or poultry products are prepared solely for intrastate commerce and for the purposes of any examination and inspection the inspectors shall have access at all times, by day or night, whether the establishment is operating or not, to every part of said establishment; and the inspectors shall mark, stamp, tag or label as "Hawaii Inspected and Passed" all such poultry or poultry products found to be not adulterated; and said inspectors shall label, mark, stamp, or tag as "Hawaii Inspected and Condemned" all such poultry or poultry products found adulterated, and all condemned poultry or poultry products shall be destroyed for food purposes and the board may withdraw inspection from any establishment which fails to so destroy such condemned poultry or poultry products. [L 1969, c 212, §14]
Haw. Rev. Stat. § 166E-11 — HI Code / Division 1 / Title 11 / Chapter 166E / Section 166E-11
Lease negotiation.
Status: in_force

(a) The department may negotiate and enter into leases with any person who:

(1) Holds a revocable permit for agricultural purposes;

(2) Has formerly held an agricultural lease or a holdover lease of public land that expired within the last ten years and has continued to occupy the land; or

(3) Is determined by the department to have a beneficial impact on agriculture.

(b) Lands eligible for lease negotiations under this section are limited to lands that are:

(1) Zoned and used for agricultural purposes;

(2) Set aside for agricultural uses only, by the governor through an executive order to the department; and

(3) Not needed by any state or county agency for any other public purpose.

(c) In negotiating and executing a lease as authorized, the board shall:

(1) Require the appraisal of the parcel using standards of national appraiser organizations to determine the rental, including percentage rent;

(2) Require the payment of a premium, computed at twenty-five per cent of the annual lease rent, with the premium to be added to the annual lease rent for each year of the lease equal to the number of years the lessee has occupied the land, except that the premium period shall not exceed four years; and

(3) Recover from the lessee the costs of expenditures required by the department to convert the parcel into leasehold.

The department shall notify in writing those eligible for lease negotiations under this section and shall inform the applicants of the terms, conditions, and restrictions provided by this section. Any eligible person may apply for a lease by submitting a written application to the department within thirty days from the date of receipt of notification; provided that the department may require documentary proof from any applicant to determine that the applicant meets eligibility and qualification requirements for a lease. [L 2006, c 157, pt of §1]
Haw. Rev. Stat. § 149A-27 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-27
Public reports; contents.
Status: in_force

The department shall produce a summary, for public disclosure, by county, that includes:

(1) The total quantities used, by federal and state registrations or permit numbers, commercial product names, and active ingredients, for each restricted use pesticide used; and

(2) The amount of area in the county in which the restricted use application occurred. [L 2018, c 45, pt of §1]
Haw. Rev. Stat. § 157-13 — HI Code / Division 1 / Title 11 / Chapter 157 / Section 157-13
General powers.
Status: in_force

The department of agriculture and biosecurity through its board is hereby vested with the following powers:

(1) To regulate and supervise in a milk shed the production, transportation, processing, storage, distribution, and delivery of milk, the establishment of quotas and the setting of minimum prices to be paid to producers by producer-distributors and distributors; provided that nothing contained in this chapter shall be construed to abrogate or affect the status, force or operation of any provision of the laws on public utilities, public health, expenditure of public funds or any local health ordinance or health regulation.

(2) To investigate all matters in a milk shed pertaining to the production, transportation, processing, storage, distribution, and delivery of milk, and the establishment of quotas and the setting of minimum prices to be paid to producers by producer-distributors and distributors; to subpoena producers, producer-distributors and distributors, their records, books and accounts, and any other person from whom information may be desired to carry out the purpose and intent of this chapter; and by leave of a circuit court, to order the taking of depositions of witnesses absent from the State. Any authorized employee may sign and issue subpoenas and may administer oaths to witnesses and conduct hearings and investigations. In case of failure of any person to comply with any subpoena issued under authority of this chapter, or the refusal of a witness to testify to any matter regarding which the witness may be lawfully interrogated, the judge of the district court of the circuit in which the person resides or of the circuit in which the person may be personally served, on application of the board or its authorized representatives, shall compel obedience, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.

(3) To assist all industry-wide programs pertaining to the production, transportation, processing, storage, distribution, and delivery of milk, feed, supplies, animals, and other related agricultural commodities. Such programs may include advertising, feed storage and ensilage programs, heifer replacement program, agricultural park programs, relocation of dairies, and other related programs that would make the milk shed more viable, thereby assuring the production of an adequate supply of wholesome milk for the consumer.

(4) To control the intrastate shipment of milk including shipment of milk between counties.

(5) To make and enforce all rules and regulations and all orders necessary to carry out this chapter.

The operation and effect of any provision of this chapter conferring a general power shall not be impaired or qualified by the granting of a specific power or powers. [L 1967, c 260, §6; HRS §157-13; am L 1970, c 188, §§39, 40; am L 1971, c 184, §3; am L 1973, c 31, §6; am L 1977, c 65, §2; gen ch 1985 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 148-67 — HI Code / Division 1 / Title 11 / Chapter 148 / Section 148-67
Seal of quality special fund.
Status: in_force

(a) There is established in the state treasury the seal of quality special fund, into which shall be deposited:

(1) All revenues from the operations of the seal of quality program established under section 148-61;

(2) Fines collected under section 148-66; and

(3) Any appropriations made by the legislature to the fund.

(b) Moneys in the special fund may be expended for all costs associated with the seal of quality program, including:

(1) Conducting trade shows, retail shows, conferences, seminars, and other promotional activities;

(2) Expenses for designs, program labels, items and materials, displays, brochures, media advertisements, inspection, and review and investigative activities relating to application and enforcement of the program;

(3) Printing, mailing, airfare and per diem, lei, decors, rental of facilities and audio visual equipment, display and booth fees, participation fees, general supplies; and

(4) Any other expense necessary to administer the program. [L 2007, c 120, §1]
Haw. Rev. Stat. § 150-27 — HI Code / Division 1 / Title 11 / Chapter 150 / Section 150-27
Duties and authority of the department.
Status: in_force

(a) The department may, through its authorized agents and inspectors:

(1) Enter any premises during regular business hours in order to have access to seed and records related to seed subject to this chapter.

(2) Cooperate with the United States Department of Agriculture and other agencies or associations in seed law enforcement.

(3) Enforce a stop-sale order issued to the vendor for any agricultural or vegetable seed in violation of this chapter.

(b) It is the duty of the department to:

(1) Inspect, sample, make analysis of, and test seed to determine whether the seed is in compliance with this chapter.

(2) Inspect records to determine whether the seed is in compliance with this chapter.

(3) Forward to the appropriate party, a report of the analysis and test result, and a stop-sale order if necessary, upon completion of the analysis and test of the seed.

(4) Provide on request, seed testing and analyzing service to any person. [L 1945, c 90, pt of §2; RL 1955, §26-11; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §150-27; am L 1987, c 164, §9; am L 1991, c 73, §7]
Haw. Rev. Stat. § 147-94 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-94
Grading voluntary.
Status: in_force

The grading of beef, pork, mutton, and lamb carcasses by trained graders cooperating with or employed by the department of agriculture and biosecurity shall be voluntary with the producer or the producer's agent.
Haw. Rev. Stat. § 144-6 — HI Code / Division 1 / Title 11 / Chapter 144 / Section 144-6
[OLD] REPEALED.
Status: in_force

L 1973, c 46, §1.

§144-6 Adulteration. A feed shall be deemed to be adulterated:

(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, such feed shall not be considered adulterated under this section if the quantity of such substance in such feed does not ordinarily render it injurious to health;

(2) If it bears or contains any added poisonous, added deleterious, or added nonnutritive substance which is unsafe within the meaning of section 406 of the Federal Food, Drug, and Cosmetic Act (other than one which is (A) a pesticide chemical in or on a raw agricultural commodity; or (B) a food additive);

(3) If it is, or it bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act;

(4) If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section 408(a) of the Federal Food, Drug, and Cosmetic Act; provided that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under section 408 of the Federal Food, Drug, and Cosmetic Act and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity, unless the feeding of such processed feed will result or is likely to result in a pesticide residue in the edible product of the animal, which is unsafe within the meaning of section 408(a) of the Federal Food, Drug, and Cosmetic Act;

(5) If it is, or it bears or contains any color additive which is unsafe within the meaning of section 706 of the Federal Food, Drug, and Cosmetic Act;

(6) If any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor;

(7) If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling;

(8) If it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice rules adopted by the department to assure that the drug meets the requirement of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. In adopting such rules, the department shall adopt the current good manufacturing practice regulations for medicated feed premixes and for medicated feeds established under authority of the Federal Food, Drug, and Cosmetic Act, unless it determines that they are not appropriate to the conditions which exist in this State; or

(9) If it contains viable weed seeds in amounts exceeding the limits which the department shall establish by rule. [L 1959, c 275, pt of §1; Supp, §24-7; HRS §144-7; am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2]
Haw. Rev. Stat. § 145-9 — HI Code / Division 1 / Title 11 / Chapter 145 / Section 145-9
Complaints and investigations.
Status: in_force

The department of agriculture and biosecurity may receive verified complaints from any producer against any commission merchant, dealer, broker, agent, processor, or retail merchant or any person assuming or attempting to act as such and upon receipt of the verified complaint may make any and all necessary investigations relative to the complaint. In conducting any investigation, the department or its authorized agent may examine any ledgers, books, accounts, memoranda, and other documents, farm produce, scales, measures, and any other articles and things used in connection with the business of the person of whom the complaint has been made.
Haw. Rev. Stat. § 142-29 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-29
Enforcement; citation and summons.
Status: in_force

Violations of the provisions of this chapter or of any rule adopted pursuant thereto may be enforced by citation and summons issued by:

(1) Any state or county law enforcement officer; or

(2) Any officer or employee of the department of agriculture and biosecurity, authorized and designated by the board of agriculture and biosecurity to investigate and enforce the provisions of this chapter and all rules adopted by the department pursuant thereto. [L 1972, c 86, pt of §1; gen ch 1985; am L 1986, c 264, §1; am L 1997, c 62, §2 ; am L 2025, c 236, §§17, 18]
Haw. Rev. Stat. § 167-10 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-10
Eligibility of revenue bonds for investment.
Status: in_force

It shall be legal for the State and any of its political subdivisions, or any political or public corporation, including the employees' retirement system of the State, or any instrumentality of the State, or any insurance company, building and loan association, savings bank, trust company, or any bank or other financial institution operating under the laws of the State, or for any personal representative, guardian, trustee, or other fiduciary, or any educational, charitable, or eleemosynary institution to invest their funds or moneys in their custody in the revenue bonds issued hereunder; provided that the foregoing shall not be deemed to obviate or otherwise affect any statutory or other requirement with respect to the use of judgment and care in investing any such funds. No holder of any revenue bonds issued hereunder, however, shall have the right to compel any exercise of the taxing power of the State to pay the bonds or interest thereon.
Haw. Rev. Stat. § 150-25 — HI Code / Division 1 / Title 11 / Chapter 150 / Section 150-25
Vegetable seed; labels.
Status: in_force

Each container of vegetable seed that is sold or offered for sale within the State for planting purposes shall bear or have attached, in a conspicuous place, a plainly written or printed label or tag in the English language, giving the following information:

(1) Name of kind and variety of seed.

(2) For seed which germinates less than the standard established by rules of the department:

(A) Percentage of germination, exclusive of hard seed.

(B) Percentage of hard seed, if present.

(C) The calendar month and year the test was completed to determine the percentages.

(D) The words "below standard" in not less than eight-point type.

(3) Name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within the State.

The department, by rule, may require additional information on the label or tag for vegetable seed that is packaged or processed, such as pelleted or coated seed, and sold in specialized containers such as packets, hermetically sealed containers, tapes, or any other innovative method or container. [L 1945, c 90, pt of §2; RL 1955, §26-9; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §150-25; am L 1979, c 87, §3; am L 1987, c 164, §7; am L 1991, c 73, §5]
Haw. Rev. Stat. § 169-3 — HI Code / Division 1 / Title 11 / Chapter 169 / Section 169-3
Annual report.
Status: in_force

(a) Every private agricultural park shall file with the chairperson of the board of agriculture and biosecurity an annual report as prescribed by the chairperson. A copy of the report shall be submitted to the parties of the private agricultural park agreement at an annual meeting or mailed to each party of the private agricultural park agreement.

(b) The annual report shall include an affidavit that electricity generated and distributed within the private agricultural park was used solely for agricultural purposes within the private agricultural park. [L 2009, c 122, pt of §2 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 141-8 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-8
Crop damage; civil liability.
Status: in_force

(a) Any person who wilfully or knowingly damages or destroys any crop, including silvicultural crops or agricultural commodities as defined in section 145-21, that is known by the person to be intended for personal or commercial purposes, or for research and development purposes by any private or public research facility, federal, state, or local government agency, or university shall be liable for twice the value of the crop or commodity damaged or destroyed.

(b) Damages available under this section shall be limited to twice the market value of the crop or commodity and the production, research, testing, replacement, and crop or commodity development costs directly related to the damaged or destroyed crop or commodity.

(c) Rights and remedies under this section are in addition to any other rights or remedies otherwise available or penalties that may otherwise be imposed. [L 2001, c 298, §1]
Haw. Rev. Stat. § 149A-2 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-2
Definitions.
Status: in_force

As used in this chapter, unless the context clearly requires otherwise:

"Active ingredient" means:

(1) In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate any pest;

(2) In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or maturation or otherwise alter the behavior of ornamental or crop plants or the produce thereof;

(3) In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant; and

(4) In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissues.

"Adulterated" means any pesticide if its strength or purity falls below the professed standard of quality as expressed on its labeling under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable constituent of the pesticide has been wholly or in part abstracted.

"Animal" means all vertebrate and invertebrate species, including but not limited to humans and other mammals, birds, fish, and shellfish.

"Board" means board of agriculture and biosecurity.

"Certified pesticide applicator" means any individual who is certified under section 149A-33(1) as authorized to use or supervise the use of any pesticide which is classified for restricted use.

"Chairperson" means chairperson of the board of agriculture and biosecurity.

"Commercial pesticide applicator" means any certified pesticide applicator, whether or not the applicator is a private pesticide applicator with respect to some uses, who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property other than as provided by section 149A-2.

"Defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, causing or without causing abscission.

"Department" means department of agriculture and biosecurity.

"Desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissues.

"Device" means any instrument or contrivance, other than a firearm, which is intended for trapping, destroying, repelling, or mitigating any pest or any form of plant or animal life (other than humans and other than bacteria, viruses, or other microorganisms on or living in humans or other animals); but not including equipment used for application of pesticides when sold separately therefrom.

"Distribute or sell" means to distribute, sell, offer for sale, hold for distribution, hold for sale, hold for shipment, ship, deliver for shipment, release for shipment, or receive and deliver or offer to deliver; provided that the term does not include the holding or application of registered pesticides or the use of dilutions of registered pesticides by any applicator who provides a service of controlling pests without delivering any unapplied pesticide to any person so served.

"Environment" includes water, air, land, and all plants and humans and other animals living therein, and the interrelationships which exist among these.

"EPA" means the United States Environmental Protection Agency.

"FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended.

"Fungi" means all nonchlorophyll-bearing thallophytes including rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or living in humans or other animals and those on or in processed foods, beverages, or pharmaceuticals.

"General use pesticide" means a pesticide other than one designated as restricted pesticide.

"Imminent hazard" means a situation which exists when the continued use of a pesticide during the time required for a cancellation proceeding would likely result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the Secretary of the Interior under the Endangered Species Act.

"Inert ingredient" means an ingredient which is not an active ingredient.

"Ingredient statement" means:

(1) A statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in the pesticide; and

(2) In case the pesticide contains arsenic in any form, a statement of the percentages of total and water soluble arsenic, each calculated as elemental arsenic.

"Insect" means invertebrate animals belonging to the class insecta, including beetles, bugs, bees, flies, and other allied classes of arthropods, including spiders, mites, ticks, centipedes, and wood lice.

"Integrated pest management" means a sustainable approach to managing pests by combining biological, cultural, physical, and chemical tools in a way that minimizes economic, health, and environmental risks.

"Label" means the written, printed, or graphic matter on or attached to the pesticide or device or any of its containers or wrappers.

"Labeling" means all labels and other written, printed, or graphic matter accompanying the pesticide or device at any time or to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the EPA, the United States Departments of Agriculture and the Interior, the United States Department of Health and Human Services, state experiment stations, state agriculture colleges, or other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.

"License" means the process of being allowed to register a pesticide product pursuant to provisions of this chapter. "Licensee" means a person who has been licensed to register a product pursuant to provisions of this chapter.

"Misbranded" includes any of the following:

(1) The labeling of the pesticide or device bears any statement, design, or graphic representation relative thereto or to its ingredients or functions which is false or misleading in any particular;

(2) The pesticide is contained in a package or other container or wrapping which does not conform to the standards established by federal law;

(3) The pesticide is an imitation or is offered for sale under the name of another pesticide;

(4) The label does not bear the federal registration number assigned to each establishment in which it was produced;

(5) Any word, statement, or other information required by or under authority of the federal law to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling) and in terms to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(6) The labeling accompanying the pesticide does not contain directions for use which are necessary for effecting the purpose for which the product is intended and if complied with, together with any requirements imposed under FIFRA are adequate to protect health and the environment;

(7) The label does not contain a warning or caution statement which may be necessary and if complied with, together with any requirements imposed under federal law, is adequate to protect health and the environment;

(8) The label does not bear an ingredient statement on that part of the immediate container (and on the outside container or wrapper of the retail package, if there be one, through which the ingredient statement on the immediate container cannot be clearly read) which is presented or displayed under customary conditions of purchase, except that a pesticide is not misbranded under this section if:

(A) The size or form of the immediate container, or the outside container or wrapper of the retail package, makes it impracticable to place the ingredient statement on the part which is presented or displayed under customary conditions of purchase; and

(B) The ingredient statement appears prominently on another part of the immediate container, or outside container or wrapper, permitted by the department;

(9) The labeling does not contain a statement of the use classification under which the product is registered;

(10) There is not affixed to its container, and to the outside container or wrapper of the retail package, if there be one, through which the required information on the immediate container cannot be clearly read, a label bearing:

(A) The name and address of the producer, registrant, or person for whom produced;

(B) The name, brand, or trademark under which the pesticide is sold;

(C) The net weight or measure of the content; provided that the EPA Administrator may permit reasonable variations; and

(D) When required by federal regulations to effectuate the purposes of this law, the registration number assigned to the pesticide under federal law and the use classification; and

(11) The pesticide contains any substance or substances in quantities highly toxic to humans, unless the label shall bear, in addition to any other matter required by this law:

(A) The skull and crossbones;

(B) The word "poison" prominently in red on a background of distinctly contrasting color; and

(C) A statement of a practical treatment (first aid or otherwise) in case of poisoning by the pesticide.

"Nematode" means invertebrate animals of the phylum nemathelminthes and the class nematoda, including unsegmented round worms with elongated fusiform or sac-like bodies covered with cuticle, and inhabiting soil, water, plants, or plant parts.

"Nonrestricted use pesticide" means a pesticide other than one designated as restricted use pesticide.

"Person" means any individual, firm, corporation, association, or partnership or any organized group of persons whether incorporated or not.

"Pest" means any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacterium, or any other microorganism, except viruses, bacterium, or any other microorganisms on or in living humans or other living animals, which the Administrator of the United States Environmental Protection Agency determines to be a pest pursuant to the [Federal Insecticide, Fungicide, and Rodenticide Act].

"Pest control operator" means a commercial pesticide applicator, who is required to possess a valid license for pest control under chapter 460J.

"Pesticide" means:

(1) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and

(2) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

"Plant regulator" means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or maturation or for otherwise altering the behavior of plants or the produce thereof, but does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments.

"Private pesticide applicator" means a certified pesticide applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by the applicator or the applicator's employer if applied without compensation other than trading of personal services between producers of agricultural commodities on the property of another person.

"Producer" means any person who manufactures, prepares, compounds, propagates, or processes any pesticide or device. "Produce" means to manufacture, prepare, compound, propagate, or process any pesticide or device.

"Protect health and the environment" or "protection of health and the environment" means protection against unreasonable adverse effects on the environment.

"Registrant" means the person registering or licensing any pesticide pursuant to this chapter.

"Restricted use pesticide" means:

(1) A pesticide or pesticide use classified by the Administrator, EPA, for use by certified applicators or competent persons under their direct supervision and so designated on its label; or

(2) A pesticide or pesticide use classified by the board for use by certified applicators or competent persons under their direct supervision.

"Sell or distribute" means to distribute, solicit, sell, offer for sale, hold for sale, transport, or deliver for transportation in intrastate commerce or between points within the State through any point outside the State.

"Under the direct supervision of a certified applicator" means, unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the instructions and control of a certified applicator who is available if and when needed, even though the certified applicator is not physically present at the time and place the pesticide is applied.

"Unreasonable adverse effects on the environment" means any unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of the pesticide.

"Weed" means any plant which grows where not wanted. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1981, c 33, §1; am L 1985, c 131, §3; gen ch 1985; am L 1987, c 310, §1; gen ch 1993; am L 2000, c 154, §1; am L 2007, c 71, §1 and c 174, §2 ; am L 2025, c 236, §§17, 18]

Revision Note

Reference to "149A-2(28)" in definition of "commercial pesticide applicator" changed to "149A-2".
Haw. Rev. Stat. § 167-15 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-15
State lands, formation of irrigation project.
Status: in_force

The board of agriculture and biosecurity may organize irrigation projects for lands under its control, whether or not the lands are occupied in whole or in part. If the lands for which the proposed project is to be organized are not occupied or are occupied by persons whose rights to occupancy will expire before the project water will be supplied to the lands, no notice need be published nor public hearing held as in section 167-16 required. The costs of construction of the project, shall be paid by the board, in the event and to the extent that the development and opening of the lands does not enable the making of acreage assessments sufficient to repay construction costs, from any funds in the state treasury derived from the lease or license of public lands or waters, which funds are hereby made available for such purposes.
Haw. Rev. Stat. § 149A-16 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-16
Coloration of certain pesticides.
Status: in_force

The department may require, by rule, the distinct coloration of certain pesticides as the EPA determines or, for a product registered pursuant to section 149A-19(a)(6), as the department determines to be necessary to protect public health and the environment.
Haw. Rev. Stat. § 163D-18 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-18
Exemption from taxation.
Status: in_force

The corporation shall not be required to pay state taxes of any kind.
Haw. Rev. Stat. § 142-31 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-31
Administration of oath.
Status: in_force

When a complaint is made by officers and employees as described in section 142-29(2) to any prosecuting officer of the violation of the provisions of this chapter and all rules adopted pursuant thereto, the officer or employee who issued the citation and summons shall subscribe to it under oath administered by another official of the department of agriculture and biosecurity whose name has been submitted to the prosecuting officer and who has been designated by the chairperson of the board of agriculture and biosecurity to administer oaths.
Haw. Rev. Stat. § 149A-38 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-38
REPEALED.
Status: in_force

L 1975, c 126, pt of §1.
Haw. Rev. Stat. § 147-123 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-123
Cooperative agreements and contracts to provide agricultural crop certification services.
Status: in_force

The department may enter into cooperative agreements with the United States Department of Agriculture or other agreements and contracts with private parties or other governmental agencies for the purposes of certifying seed.
Haw. Rev. Stat. § 142-14 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-14
Sale of diseased animals; penalty.
Status: in_force

Any person who sells or offers for sale, or uses, or exposes, or who causes or procures to be sold, or offered for sale, or used, or to be exposed, any horse or any other animal having the disease known as glanders, or farcy, or any other contagious or infectious disease, known by the person to be dangerous to human life, or which are diseased past recovery, shall be guilty of a petty misdemeanor.
Haw. Rev. Stat. § 144-3 — HI Code / Division 1 / Title 11 / Chapter 144 / Section 144-3
Registration.
Status: in_force

(a) Each commercial feed shall be registered before being distributed in this State or imported; provided that custom-mixed feed and toll-milled feed are exempt from registration. The application for registration shall be submitted on forms furnished by the department and also shall be accompanied by a label or other printed matter describing the product. All registrations shall remain in effect until withdrawn in writing by the registrant or canceled pursuant to this chapter or rules of the department. A registration fee shall be paid to the department for each commercial feed registered. Upon approval by the department a copy of the registration shall be furnished to the applicant. The application shall include the information required by section 144-4(a).

(b) A distributor or importer shall not be required to register any brand of commercial feed which is already registered under this chapter by another person.

(c) Minor changes in the guarantee of either chemical or ingredient composition of a registered commercial feed may be permitted as provided in department rules; provided there is satisfactory evidence that the changes would not result in a lowering of the feeding value of the product for the purpose for which designed.

(d) The department may refuse registration of any application not in compliance with this chapter or rules adopted under this chapter and may cancel any registration subsequently found not to be in compliance with this chapter or rules adopted under this chapter; provided that no registration shall be refused or canceled until the registrant has been given an opportunity to be heard before the department and to amend the registrant's application in order to comply with the requirements of this chapter. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-4; HRS §144-4; am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2; gen ch 1985; am L 1993, c 84, §2]
Haw. Rev. Stat. § 166E-1 — HI Code / Division 1 / Title 11 / Chapter 166E / Section 166E-1
Legislative findings.
Status: in_force

The legislature finds that article XI, section 10, of the state constitution establishes that "the public lands shall be used for the development of farm and homeownership on as widespread a basis as possible, in accordance with procedures and limitations prescribed by law."

Therefore, the legislature finds that certain public lands classified for agricultural use by the department of land and natural resources should be transferred to the department of agriculture and biosecurity, with the approval of the board of land and natural resources and the board of agriculture and biosecurity, for purposes and in a manner consistent with article XI, section 10, of the state constitution.

The purpose of this chapter is to ensure the long-term productive use of public lands leased or available to be leased by the department of land and natural resources for agricultural purposes by allowing these lands to be transferred to and managed by the department of agriculture and biosecurity. [L 2003, c 90, pt of §1 ; am L 2025, c 236, §§17, 18]
Haw. Rev. Stat. § 167-22 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-22
Irrigation system revolving fund.
Status: in_force

(a) There is established the irrigation system revolving fund, into which shall be deposited:

(1) All legislative appropriations to the irrigation system revolving fund; and

(2) All or any portion of the receipts and revenues collected under this chapter, as determined by the board of agriculture and biosecurity.

(b) The irrigation system revolving fund shall be administered by the department of agriculture and biosecurity. Moneys in the revolving fund shall be expended for:

(1) Administrative costs, engineering surveys, economic studies, plans, and maps; and

(2) Other water projects or purposes of the board of agriculture and biosecurity.

In the event any moneys are expended from the revolving fund for engineering surveys, economic studies, plans, and other expenses directly attributable to any water project, or for the establishment of any water project, the amount of the expenditures shall be reimbursed to the revolving fund from any funds received by the board for and on account of the project. [L 1987, c 306, pt of §1; am L 1995, c 139, §5; am L 2011, c 124, §41 ; am L 2025, c 236, §§17, 18]
Haw. Rev. Stat. § 147-122 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-122
Definitions.
Status: in_force

As used in this part, unless the context otherwise requires:

"Certifying agency" means:

(1) An agency authorized under the laws of a state, territory, or possession of the United States to officially certify seed and which has standards and procedures approved by the United States Secretary of Agriculture to assure the genetic purity, identity, quality, and condition of the seed certified; or

(2) An agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under paragraph (1).

"Department" means the department of agriculture and biosecurity.

"Seed" means:

(1) The seed of grass, forage, cereal, and fiber crops;

(2) Other kinds of seed commonly recognized as agricultural or vegetable seed; and

(3) Other kinds of propagating materials. [L 2003, c 49, pt of §1 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 155-11 — HI Code / Division 1 / Title 11 / Chapter 155 / Section 155-11
Security for loans; mortgages.
Status: in_force

(a) Loans made under this chapter may be secured by duly recorded first mortgages upon the following property within the State:

(1) Fee simple land;

(2) Leaseholds of land where the lease has an unexpired term at least two years longer than the term of the loan;

(3) Crops, livestock, and equipment; and

(4) Other chattels.

(b) It also shall be lawful for the department of agriculture and biosecurity to require and accept as security for any loan:

(1) A junior mortgage; or

(2) Written agreements such as an assignment of income.

(c) For purposes of class "A" loans, no loan shall exceed eighty-five per cent of the value of the security offered. For purposes of class "B" and class "E" facility loans, no loan shall exceed eighty-five per cent of the value of the security offered. For purposes of class "C" loans and class "E" operating loans, the ratio of loan to the value of the security offered shall be discretionary with the department. For purposes of class "D" loans, the department, with the approval of the governor, may modify or waive any or all security requirements or any limitation with respect thereto.

(d) All security instruments for purposes of direct loans under section 155-8 shall be executed to and by the department. For purposes of insured loans under section 155-5, all security instruments shall be executed to and by the private lender; for purposes of participating loans under section 155-6 to and by the department and the private lender jointly.

(e) In case of the sale or transfer of the mortgaged land or goods in which the department has a security interest, as that term is defined in section 490:1-201, the department may permit the mortgage or encumbrance to be assumed by the purchaser. In case of the death of the borrower, the borrower's heir or heirs, or the borrower's legal representative or representatives, shall have the option within six months of the death to assume the mortgage of the deceased. The department or its agents, pending the exercise of the option and pending possession being taken by the heirs or representatives, may take possession of all mortgaged property and carry on the operation connected therewith, and the expense of the same shall be added to the principal due upon the mortgage to bear interest at the applicable rate.

(f) If a loan is granted, the department shall cause the title to real property to be examined and a mortgage drawn and recorded. The applicant shall pay the actual costs involved. No class "A" loans shall be made on unsurveyed lands. [L 1959, c 278, pt of §1; am L Sp 1959 2d, c 1, §25; am L 1961, c 104, §1(m), (q) and c 132, §2; Supp, §102-11; HRS §155-11; am L 1969, c 49, §2; gen ch 1985; am L 1990, c 230, §2; am L 1996, c 253, §2; am L 1997, c 161, §1; am L 2000, c 51, §12; am L 2004, c 162, §2 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 150A-22 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-22
Responsibility for treatment.
Status: in_force

Any treatment of nursery stock which may be required under the provisions of law shall be at the risk and at the expense of the owner or persons in charge or in possession thereof at the time of treatment, unless otherwise provided.
Haw. Rev. Stat. § 167-23 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-23
Molokai irrigation system water users advisory board; establishment; meetings.
Status: in_force

(a) There is established a Molokai irrigation system water users advisory board, to be appointed by the governor under section 26-34. The advisory board shall consist of seven members, as follows:

(1) A homestead farmer user on Molokai;

(2) A nonhomestead farmer user on Molokai;

(3) The designee (by name rather than office) of the Molokai County Farm Bureau;

(4) The designee (by name rather than office) of Hikiola Cooperative, Inc.;

(5) The designee (by name rather than office) of the Molokai-Lanai soil and water conservation district;

(6) A homestead farmer user whose nomination has been recommended by Moku Puni O Molokai, as determined pursuant to a process established by that organization, and approved for submittal to the governor by majority vote of all homesteaders then serving on the advisory board; and

(7) The supervisor of the Molokai district office of the department of Hawaiian home lands who shall serve as an ex officio[,] voting member.

(b) All members of the advisory board shall be:

(1) Molokai irrigation system users or their agents, officers, or employees; and

(2) Residents of the island of Molokai.

(c) The members of the advisory board shall serve without compensation, but shall be entitled to reimbursement for necessary expenses, including travel expenses, while attending meetings and while in the discharge of their duties. For administrative purposes, and pursuant to section 26-35, the advisory board shall be placed within the department of agriculture and biosecurity.

(d) The advisory board shall meet with the department of agriculture and biosecurity at least six times each year. The meetings shall be held on Molokai, whenever possible.

The advisory board's duties and responsibilities shall be to:

(1) Advise the department of agriculture and biosecurity on matters of concern to the users of the system;

(2) Provide support for improvements to the irrigation facilities;

(3) Participate in the long-range planning of the system; and

(4) Act as liaison between the users and the department of agriculture and biosecurity.

(e) Four members of the advisory board shall constitute a quorum at any meeting. No member of the advisory board shall be qualified to act in matters directly involving a company or organization of which the advisory board member is an officer, director, member, or full-time employee, or to which the advisory board member is indebted.

(f) For the purpose of this section:

"Homestead farmer user" means an individual who qualifies under the requirements set forth in the department of Hawaiian home lands administrative rules, farms a homestead parcel owned by the department of Hawaiian home lands, and is served by the Molokai irrigation system.

"Kupuna homestead farmer user" means an individual who resides on a homestead parcel on Molokai, with a Molokai irrigation system water meter. The individual shall be a former or current farmer who is working or has worked in the agricultural industry on Molokai. [L 1992, c 131, §3; am L 2010, c 154, §1; am L 2016, c 175, §1 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 155-4 — HI Code / Division 1 / Title 11 / Chapter 155 / Section 155-4
Powers and duties of the department.
Status: in_force

The department of agriculture and biosecurity shall have the following powers:

(1) Employ a secretary, who may be exempt from chapter 76, and other full-time and part-time employees, subject to chapter 76, as are necessary to effectuate the purposes of this chapter;

(2) Designate agents throughout the State as may be necessary for property appraisal, the consideration of loan applications, and the supervision of farming operations of borrowers. The agents may be compensated for their services at rates the department in its discretion may fix;

(3) Initiate and carry on a continuing research and education program, utilizing and coordinating the services and facilities of other government agencies and private lenders to the maximum, to inform qualified farmers concerning procedures for obtaining loans and to inform private lenders concerning the advantages of making loans to qualified farmers;

(4) Cooperate with private and federal government farm loan sources to increase the amount of loan funds available to qualified farmers in the State;

(5) Assist individual qualified farmers in obtaining loans from other sources. Insofar as available funds and staff permit, counsel and assist individual farmers in establishing and maintaining proper records to prove their farming ability for loan purposes;

(6) Insure loans made to qualified farmers and food manufacturers by private lenders under section 155-5;

(7) Participate in loans made to qualified farmers and food manufacturers by private lenders under section 155-6;

(8) Make direct loans to qualified farmers and food manufacturers under section 155-8;

(9) Borrow money for loan purposes;

(10) Assign and sell mortgages;

(11) Hold title to, maintain, use, manage, operate, sell, lease, or otherwise dispose of personal and real property acquired by way of foreclosure, voluntary surrender, or otherwise, to recover moneys loaned;

(12) Sue and be sued in the name of the "State of Hawaii";

(13) Exercise incidental powers as are deemed necessary or requisite to fulfill its duty in carrying out the purposes of this chapter;

(14) Delegate authority to its chairperson to approve loans, where the requested amount plus any principal balance on existing loans to the applicant, does not exceed $50,000 of state funds; and

(15) Adopt rules pursuant to chapter 91 necessary for the purpose of this chapter. [L 1959, c 278, pt of §1; am L Sp 1959 2d, c 1, §25; am L Sp 1960, c 10, §1; am L 1961, c 132, §2; am L 1965, c 96, §83; Supp, §102-4; HRS §155-4; am L 1968, c 53, §2; am L 1979, c 222, §4; am L 1982, c 63, §2; am L 1989, c 27, §1; am L 1997, c 258, §2; am L 2000, c 51, §4 and c 253, §150; am L 2021, c 136, §1; am L Sp 2021, c 9, §3 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 159-14 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-14
License fees.
Status: in_force

An annual fee of $25 shall be assessed. The license fees collected shall be deposited in the state general fund.
Haw. Rev. Stat. § 141-5 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-5
Charges for inspection, etc.
Status: in_force

The department of agriculture and biosecurity, with the approval of the governor, shall adopt a reasonable scale of charges, which may be changed from time to time, for the inspection, disinfection, fumigation, and quarantine that is authorized, required, or permitted by this chapter or chapter 142, 150, or 150A. Certificates and permits in these chapters concerning articles or animals imported, or proposed to be imported, into the State, and the charges provided for, shall be paid for in advance before any certificate or permit is delivered, or any of the articles or animals are permitted to be landed. If thereafter further expense is incurred in the inspection, treatment, or quarantine of any of the articles or animals, the charges shall be paid before any of the articles or animals shall be delivered.
Haw. Rev. Stat. § 155D-3 — HI Code / Division 1 / Title 11 / Chapter 155D / Section 155D-3
[ §155D-3] Exemption from chapter 42F.
Status: in_force

[ §155D-3] Exemption from chapter 42F. Chapter 42F shall not apply to the grants made pursuant to this chapter, but all reimbursements shall be made only in accordance with the standards and conditions specified in section 155D-2.
Haw. Rev. Stat. § 161-28 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-28
Bribery.
Status: in_force

(a) Any person or employee of any person, who gives, pays, or offers, directly or indirectly, to any inspector, or to any other officer or employee of the State authorized to perform any of the duties prescribed by this chapter or by the rules adopted by the board, any money or other thing of value, with intent to influence the inspector or other officer or employee of this State in the discharge of any duty shall be guilty of a class C felony. The minimum fine shall be $5,000.

(b) Any inspector or other officer or employee of this State authorized to perform any of the duties prescribed by this chapter who accepts any money, gift, or other thing of value from any person, officer, agent, or employee of any person, given with intent to influence the state inspector's, officer's, or employee's official actions, shall be discharged from office and shall be guilty of a class C felony. The minimum fine shall be $1,000.

(c) Notwithstanding subsection (a), any inspector or other officer or employee of this State authorized to perform any of the duties prescribed by this chapter who receives or accepts from any person who is engaged in intrastate commerce and is subject to this chapter any gift, money, or other thing of value given with or without intent to influence the inspector's, officer's, or employee's official actions, shall be discharged from office and shall be guilty of a class C felony. The minimum fine shall be $1,000. [L 1969, c 212, §20; gen ch 1985; am L 1993, c 92, §5]
Haw. Rev. Stat. § 166E-13 — HI Code / Division 1 / Title 11 / Chapter 166E / Section 166E-13
Rights of holders of security interests.
Status: reserved

(a) Prior board action shall be required when an institutional lender acquires the lessee's interest through a foreclosure sale, judicial or nonjudicial, or by way of assignment in lieu of foreclosure, or when the institutional lender sells or causes the sale of the lessee's interest in a lease by way of a foreclosure sale, judicial or nonjudicial. The institutional lender shall convey a copy of the sale or assignment as recorded in the bureau of conveyances.

(b) Notwithstanding any provisions of this chapter, if any lease is subject to a security interest held by an institutional lender and if the institutional lender has given to the board a copy of the encumbrance as recorded in the bureau of conveyances:

(1) If the lease is canceled for violation of any non-monetary lease term or condition, or if the lease is deemed terminated or rejected under bankruptcy laws, the institutional lender shall be entitled to issuance of a new lease in its name for a term equal to the term of the lease remaining immediately prior to the cancellation, termination, or rejection, with all terms and conditions being the same as in the canceled, terminated, or rejected lease, except only for the liens, claims, and encumbrances, if any, that were superior to the institutional lender before the cancellation, termination, or rejection. If a lease is rejected or deemed rejected under bankruptcy law, the lease shall be deemed canceled and terminated for all purposes under state law;

(2) If the lessee's interest under a lease is transferred to an institutional lender, including by reason of the provisions of paragraph (1), by reason of acquisition of the lessee's interest pursuant to a foreclosure sale, judicial or nonjudicial, and by reason of an assignment in lieu of foreclosure:

(A) The institutional lender shall be liable for the obligations of the lessee under the lease for the period of time during which the institutional lender is the holder of the lessee's interest but shall not be liable for any obligations of the lessee arising after the institutional lender has assigned the lease; and

(B) The provisions of section 166E-8(b)(1) and (2) shall not apply to the lease or the demised land during such time as the institutional lender holds the lease; provided that:

(i) For non-monetary lease violations, the institutional lender shall first remedy the lease terms that caused the cancellation, termination, or rejection to the satisfaction of the board; and

(ii) The new lease issued to the institutional lender shall terminate one hundred twenty days from the effective date of issuance, when the institutional lender shall either sell or assign the lease,

after which date section 166E-8(b)(1) and (2) shall apply to the new lease;

(3) As long as there is a delinquent loan balance secured by a security interest, the lease may not be canceled or terminated, except for cancellation by reason of default of the lessee, and no increase over and above the fair market rent, based upon the actual use of the land demised and subject to the use restrictions imposed by the lease and applicable laws, may be imposed or become payable, and no lands may be withdrawn from the lease, except by eminent domain proceedings beyond the control of the board, except with prior written consent by the institutional lender and that consent shall not be unreasonably withheld; and

(4) If the lease contains any provision requiring the payment of a premium to the lessor on assignment of the lease, any premium shall be assessed only after all amounts owing by any debt secured by a security interest held by an institutional lender shall have been paid in full.

(c) Ownership of both the lease and the security interest by an institutional lender shall not effect or cause a merger thereof, and both interests shall remain distinct and in full force and effect unless the institutional lender elects in writing to merge the estates with the consent of the board.

(d) The board may include in any consent form or document provisions consistent with the intent of this section as may be required to make a lease mortgageable or more acceptable for mortgageability by an institutional lender.

(e) The rights of a purchaser, assignee, or transferee of an institutional lender's security interest, including a junior lien holder, shall be exercisable by the purchaser, assignee, or transferee as successor in interest to the institutional lender; provided that:

(1) The purchase, assignment, or transfer shall conform with subsection (b)(4); and

(2) The purchase, assignment, or transfer of such rights shall be reserved for and exercisable only by an institutional lender.

Other purchasers may not be precluded from acquiring the institutional lender's security interest but shall not have exercisable rights as successor in interest to the original institutional lender.

(f) For the purposes of this section:

"Institutional lender" means a federal, state, or private lending institution licensed to do business in the State and that makes loans to qualified applicants under this chapter on the basis of a lease awarded pursuant to this chapter for security, in whole or in part, together with any other entity that acquires all or substantially all of an institutional lender's loan portfolio.

"Making a loan" means lending of new money or the renewal or extension of indebtedness owing by a qualified applicant to an institutional lender, after June 30, 2006.

"Security interest" means any interest created or perfected by a mortgage, assignment by way of mortgage, or by a financing statement and encumbering a lease, land demised by the lease, or personal property located at, affixed or to be affixed to, or growing or to be grown upon the demised land. [L 2006, c 157, pt of §1]
Haw. Rev. Stat. § 167-17 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-17
Formation of irrigation project on initiative of board; notice and hearing; protests.
Status: in_force

The board of agriculture and biosecurity may organize irrigation projects upon its own initiative. In this event, it shall fix a date for public hearing upon the proposed project, which date shall not be less than sixty days after the first public notice thereof in the county in which the project is proposed. The notice shall be given once in each of four successive weeks, describing or identifying the area to be included in and general details of the proposed project, stating the time and place of the public hearing. If the owners of fifty-five per cent of the acreage of agricultural and pasture lands proposed to be organized into an irrigation project at the hearing or prior thereto file written protest against the proposed project, the project shall not be made and proceedings shall not be renewed within twelve months from the date of closing the public hearing, unless each and every owner protesting withdraws each and every owner's protest; provided that any lessee of any agricultural or pasture lands included within the proposed project, who, by the express terms of the lessee's lease must pay the assessment contemplated hereunder shall be subrogated to all the rights of the owner to protest by filing at the hearing or prior thereto written protest against the proposed project, the written protest to be accompanied by a certified copy of the lease; provided further that any lessor, at any time before the closing of the public hearing, may make void the protest of the lessor's lessee on consideration of the filing with the board a duly acknowledged waiver of the provision in the lease which requires the lessee to pay the assessment, and a written undertaking of the lessor to pay the assessment to be made on account of the proposed project; and further provided that a project may be instituted without further public notice for a smaller acreage within the acreage described in the public notice in the event the board determines the smaller project to be economically feasible, if written protests by the owners, or lessees subrogated to the right to protest, of fifty-five per cent of the smaller acreage shall not be filed.
Haw. Rev. Stat. § 142-93.5 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-93.5
Mongoose; killing allowed.
Status: in_force

No person shall be prohibited from killing a mongoose in any manner not prohibited by law, including by trapping.
Haw. Rev. Stat. § 144-8 — HI Code / Division 1 / Title 11 / Chapter 144 / Section 144-8
Prohibited acts.
Status: in_force

The following acts and the causing thereof within this State by any person are prohibited:

(1) The manufacture or distribution of any feed that is adulterated or misbranded.

(2) The adulteration or misbranding of any feed.

(3) The removal or disposal of a feed in violation of an order under section 144-11.

(4) The failure or refusal to register in accordance with section 144-3.

(5) The violation of section 144-12(f).

(6) Failure to pay inspection fees and file reports as required by section 144-5.

(7) The refusal to permit entry upon any public or private premises including any vehicle of transport during business hours in order that the department or its authorized agents can have access to any feed and to records relating to the feed.

(8) The distribution of any toll-milled feed.

(9) The redistribution of any custom-mixed feed.

(10) The distribution within the State or importation into the State of commercial feeds, other than custom-mixed feed, which have not been registered in the manner provided in this chapter.

(11) The distribution within this State or importation into the State of commercial or custom-mixed feeds which have not been labeled in the manner provided in this chapter.

(12) The storage or transportation of toll-milled feeds which have not been labeled in the manner provided in this chapter. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-9; HRS §144-9; am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2]

Revision Note

Section "144-3" substituted for "144-4", "144-5" substituted for "144-6", "144-11" substituted for "144-12", and "144-12(f)" substituted for "144-13(f)".
Haw. Rev. Stat. § 159-37 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-37
Records; subject to examination.
Status: in_force

(a) For the enforcement of this chapter, the following classes of persons shall keep records as the board may prescribe and all persons subject to the requirements shall, at all reasonable times, upon notice by a duly authorized representative of the board, afford the representative or any duly authorized representative of the Secretary of Agriculture access to their places of business and opportunity to examine the facilities, inventory, and records thereof, to copy all of those records, and to take reasonable samples of their inventory upon payment of the fair market value therefor:

(1) Any person who engages, in or for intrastate commerce, in the business of slaughtering any cattle, sheep, swine, goats, horses, mules, or other equines, or preparing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any animals, for use as human food or animal food.

(2) Any person who engages in the business of buying or selling as meat broker, wholesaler or otherwise, or transporting in intrastate commerce, or storing in or for commerce, any carcasses, or parts or products of carcasses, of any animals.

(3) Any person who engages in business, in or for intrastate commerce, as a renderer, or engages in the business of buying, selling, or transporting, in commerce, any dead, dying, disabled, or diseased cattle, sheep, swine, goats, horses, mules, or other equines, or parts of the carcasses of the animals that died otherwise than by slaughter.

(4) Any person who engages in the business of custom slaughtering or preparing any cattle, sheep, swine, goats, horses, or other equines for use as human food or animal food.

(b) Any record required to be maintained by this section shall be maintained for the period of time as the board may prescribe. [L 1969, c 214, pt of §1; am L 1990, c 139, §9; am L 1991, c 88, §1; am L 1993, c 248, §5]
Haw. Rev. Stat. § 150-24 — HI Code / Division 1 / Title 11 / Chapter 150 / Section 150-24
Agricultural seed; labels.
Status: in_force

Each container of agricultural seed that is sold or offered for sale within the State for planting purposes shall bear or have attached, in a conspicuous place, a plainly written or printed label or tag in the English language, giving the following information:

(1) Commonly accepted name of the kind and variety, or kind and the phrase "variety not stated" of each agricultural seed component in excess of five per cent of the whole, and the percentage by weight of each in the order of its predominance.

(2) Where more than one component is required to be named, the words "mixture" or "mixed" for seed consisting of more than one kind, or "blend" for seed consisting of more than one variety of the same kind.

(3) Lot number or other lot identification.

(4) Percentage by weight of all weed seed.

(5) Name and approximate number of each kind of noxious weed seed to the extent required by rules of the department.

(6) Percentage by weight of agricultural seed other than those required to be named on the label.

(7) Percentage by weight of inert matter.

(8) For each named agricultural seed:

(A) The percentage of germination, exclusive of hard seed;

(B) The percentage of hard seed, if present; and

(C) The calendar month and year the test was completed to determine the percentages.

Following (A) and (B), the additional statement, "total germination and hard seed," may be stated if desired.

(9) Name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within the State.

The department, by rule, may require additional information on the label or tag for agricultural seed that is packaged or processed, such as pelleted or coated seed, and sold in specialized containers such as packets, hermetically sealed containers, tapes, or any other innovative method or container. [L 1945, c 90, pt of §2; RL 1955, §26-8; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §150-24; am L 1979, c 87, §2; am L 1987, c 164, §6; am L 1991, c 73, §4]
Haw. Rev. Stat. § 166-8 — HI Code / Division 1 / Title 11 / Chapter 166 / Section 166-8
Preference right.
Status: in_force

Any person who is otherwise qualified to take an agricultural park lot, who is a veteran with an honorable discharge, or who qualifies as a displaced farmer, or who operates a farm located in a zoning district where such use is a nonconforming use, or who qualifies as a new farmer, shall be given preference in obtaining an agricultural park lot.
Haw. Rev. Stat. § 166-3.5 — HI Code / Division 1 / Title 11 / Chapter 166 / Section 166-3.5
Commercial activity.
Status: in_force

The department may allow, in each of its existing and future agricultural parks, the disposition of no more than two lots within an agricultural park for the processing, marketing, and displaying of agricultural crops or commodities, which shall include any product created through value-added processes as defined by rules adopted by the board. The department shall allow agricultural-based commercial venture operations that may sell to the general public; provided that any such lots shall be leased and operated by an agricultural park lessee in good standing with the department.
Haw. Rev. Stat. § 149A-13.5 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-13.5
Pesticide use revolving fund; pesticide training workshops; training fee.
Status: in_force

(a) There is established within the treasury of the State, a pesticide use revolving fund. The fund shall be administered by the department for the purposes of this section. The fund shall consist of:

(1) Licensing and registration fees and charges collected by the department under section 149A-13(b);

(2) All fees collected by the department through the collection of training fees in accordance with subsection (c);

(3) Funds appropriated for the pesticide subsidy program established under Act 105, Session Laws of Hawaii 2014; and

(4) All penalties and fines collected by the department under section 149A-41.

(b) Moneys in the pesticide use revolving fund shall be expended by the department:

(1) To support the pesticide program's registration and licensing, certification and education, and compliance monitoring activities;

(2) To establish pesticide training workshops and educational programs, including, but not limited to, eradication and control programs for pests designated in section 141-3, using the best available technology and best practices in a manner consistent with state and federal law;

(3) To develop integrated pest management strategies, the pesticide subsidy program created under Act 105, Session Laws of Hawaii 2014, and other services for pesticide users such as the agricultural pest control industry, the structural pest control industry, and consumer users of pesticides, which provide pesticide instruction in areas, including but not limited to the collection, disposal, and recycling of pesticide containers; and

(4) For all other pesticide services deemed necessary by the department.

Moneys from the revolving fund may be used for personnel, services, materials, and equipment for the purposes of this section.

Moneys expended by the department from the pesticide use revolving fund for training workshops, educational programs, and other services for the agricultural pest control industry, the structural pest control industry, and consumer groups shall be expended in a manner that appropriately addresses the needs of each category of pesticide user.

(c) The department may set fees for the educational services and training provided under this section.

(d) All interest earned on the deposit or investment of the moneys in the fund shall become a part of the fund.

(e) All unobligated, unencumbered, or unexpended funds remaining in the fund in excess of $1,000,000 at the close of each fiscal year shall lapse to the state general fund.

(f) The department shall submit an annual report to the legislature on all moneys deposited into, and disbursed from, the pesticide use revolving fund. The report shall be submitted to the legislature not fewer than twenty days prior to the convening of each regular session. The report shall group all moneys deposited into, and disbursed from, the revolving fund according to the categories established in subsections (a) to (e). [L 1996, c 281, §1; am L 2000, c 154, §2; am L 2010, c 168, §§2, 4; am L 2014, c 105, §2; am L 2018, c 45, §2; am L 2020, c 32, §4]
Haw. Rev. Stat. § 145-15 — HI Code / Division 1 / Title 11 / Chapter 145 / Section 145-15
Rules and regulations.
Status: in_force

The department shall have the necessary powers to make rules and regulations as may be necessary to carry out the intent and purpose of this chapter, including but not limited to the following:

(1) Definition of terms;

(2) Establishing licensing requirements, licensing fees, bonding requirements and bonding procedures;

(3) Establishing criteria and limitations on claims for credit due to loss or dumping of farm products;

(4) Providing for the department on its own motion or upon the verified complaint of any interested party, to conduct investigations, audit records and conduct hearings;

(5) Providing for the denial, revocation or suspension of licenses. [L 1971, c 103, §1]
Haw. Rev. Stat. § 152-6 — HI Code / Division 1 / Title 11 / Chapter 152 / Section 152-6
Duties of the department; noxious weed control and eradication.
Status: in_force

(a) The department shall maintain a constant vigilance for incipient infestations of specific noxious weeds on islands declared reasonably free from those weeds, and shall use those procedures and methods to control or eradicate the infestations of noxious weeds as are determined to be feasible and practicable.

(b) When the department determines that an infestation of a certain noxious weed exists on an island declared reasonably free from the weed, the department shall immediately conduct investigations and surveys as are necessary to determine the feasibility and practicability of controlling or eradicating the infestation. The department may also conduct investigations and surveys to determine the feasibility and practicability of controlling widespread noxious weed infestations. The methods of control or eradication adopted by the department for any noxious weed infestation shall cause as little damage to crops and property as possible.

(c) Upon determining that control or eradication of an infestation is practicable and feasible, the department shall immediately serve notice, either oral or written, on both the landowner of the property and the occupant of the property on which the infestations exist. Written notice sent to the landowner's address last known to the department by certified mail, postage prepaid, return receipt requested, shall be deemed sufficient notice. In the event that certified mail is impractical because the department, despite diligent efforts, cannot determine land ownership or because of urgent need to initiate control or eradication measures, notice given once in a daily or weekly publication of general circulation, in the county where any action or proposed action will be taken, or notice made as otherwise provided by law, shall be deemed sufficient notice. The notice shall set forth all pertinent information with respect to the infestation and notify the landowner and the land occupant of the procedure and methods of control or eradication.

(d) Upon the department's notification pursuant to subsection (c) above, the department may enter into a cooperative agreement with the landowner and land occupier for the control or eradication of the noxious weed infestation. The procedures and conditions for executing the cooperative agreement shall be in accordance with rules adopted under section 152-2(2).

(e) Upon the department's notification pursuant to subsection (c) above, the department may entirely undertake the eradication or control project when it has been determined that the owner, occupier, or lessee of the land on which the noxious weed infestation is located will not benefit materially or financially by the control or eradication of the noxious weed; or when the noxious weed infestation is on state-owned land not leased or under control of private interest. [L 1957, c 319, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §27A-4; HRS §152-3; ren and am L 1975, c 44, pt of §1; am L 1987, c 92, §6; am L 1997, c 62, §6]
Haw. Rev. Stat. § 157-33 — HI Code / Division 1 / Title 11 / Chapter 157 / Section 157-33
Order fixing minimum price, salvage value.
Status: in_force

(a) Without regard to the notice and public hearing requirements of chapter 91 and based on the specific formulas or criteria adopted under section 157-31(a)(2), the board may establish by order the minimum prices and salvage values for milk to be paid to producers by producer-distributors and distributors.

(1) Prior to the effective date of any order, the department shall give public notice that includes:

(A) Either a statement of the substance of the proposed order; or a statement of the minimum prices or salvage values for milk to be established, and

(B) A statement that a copy of the proposed order will be mailed to any interested person who requests a copy, together with a description of where and how the requests may be made.

(2) The notice shall be mailed to all persons who have made a timely written request of the department for advance notice of these orders or of the department's rulemaking proceedings. The department may require reimbursement for the cost of preparing and mailing the copies.

(b) The minimum prices and salvage values within each milk shed may vary according to the classes or classifications established by the board; provided that the minimum prices and salvage values for each such class or classification within a milk shed shall be uniform. The minimum prices and salvage values may vary from county to county. The board may adopt rules to prescribe how producers shall be paid for milk sold by them to distributors and producer-distributors. [L 1967, c 260, §22; HRS §157-33; am L 1971, c 184, pt of §4; ree L 1972, c 40, pt of §2; am L 1997, c 118, §§3, 6; am L 1998, c 2, §32 and c 19, §1; am L 2004, c 20, §1]
Haw. Rev. Stat. § 150-23 — HI Code / Division 1 / Title 11 / Chapter 150 / Section 150-23
Prohibiting sales; germination tests.
Status: in_force

A person may not sell, offer, or expose for sale within the State any agricultural or vegetable seed for planting purposes if any one or more of the following conditions exist:

(1) The seed has not been labeled in accordance with sections 150-24 and 150-25;

(2) A false or misleading advertisement has been made with respect to the seed;

(3) The amount of noxious weed seed and other weed seed is in excess of tolerances established by rules of the department;

(4) A testing of the seed, to determine the percentages of germination, has not been completed within nine months, exclusive of the calendar month in which the test was completed, before the date of sale or offer or exposure for sale. The department, by rule, may extend the nine-month limitation for seed that has been packaged or processed under conditions that would greatly extend the viability of the seed;

(5) Descriptive words or phrases on labels are not clearly distinguishable from the kind and variety names; or

(6) The seed has a false or misleading label. [L 1945, c 90, pt of §2; RL 1955, §26-7; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §150-23; am L 1973, c 14, §1; am L 1987, c 164, §5; am L 1991, c 73, §3; am L 1992, c 98, §2]
Haw. Rev. Stat. § 150A-7 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-7
Disposition.
Status: in_force

(a) It is a violation of sections 150A-5 and 150A-6 to bring into the State contrary to those sections any plant, plant product, animal, microorganism, or any article infested with pests or contaminated with soil and the same shall be refused admittance and may, in the discretion of the inspector, be seized and treated, destroyed, or excluded at the expense of the owner or the owner's agent.

(b) It is a violation of this part to bring to or possess in the State any living creature that is prohibited or restricted, without a permit issued by the department, except as expressly provided in this part. The creature shall constitute contraband and shall be seized immediately upon discovery, whenever found, and be destroyed, donated to a government zoo, or sent out of the State, at the discretion of the department. Any expense or loss in connection therewith shall be borne by the owner or the owner's agent.

(c) Whenever any living creature introduced or admitted under rules of the department escapes, or is found to be free from confinement, the department may confiscate or capture it and any progeny at the expense of the owner. The department may destroy the creature, donate it to a government zoo, or send it out of the State after five days at the discretion of the department. Any expense or loss in connection therewith shall be borne by the owner or the owner's agent. [L 1973, c 69, pt of §1; am L 1985, c 133, §3; am L 1990, c 243, §5; am L 1992, c 229, §4; am L 1998, c 10, §2; am L 1999, c 177, §4; am L 2000, c 211, §5]
Haw. Rev. Stat. § 144-2 — HI Code / Division 1 / Title 11 / Chapter 144 / Section 144-2
Definitions.
Status: in_force

When used in this chapter:

"Brand name" means any word, name, symbol, or device or any combination thereof identifying the commercial feed of a distributor and distinguishing it from that of others.

"Commercial feed" means all feed except:

(1) Whole seeds unmixed or physically altered entire unmixed seeds, when not adulterated within the meaning of section 144-6, that are distributed for use as feed or for mixing in feed;

(2) Hay, straw, stover, silage, cobs, husks, and hulls when:

(A) Unground; or

(B) Unmixed with other materials;

(3) Wet garbage;

(4) Individual chemical compounds when not mixed with other materials; and

(5) Unmixed feeding cane molasses, unmixed pineapple pulp, unmixed pineapple hay, and unmixed sugarcane hay.

"Custom-mixed feed" means a special commercial mixture that is formulated by the manufacturer or processor in accordance with the specific instructions of the final purchaser and contains feed material or materials wholly or partly supplied by the manufacturer or processor.

"Distribute" means to offer for sale, sell, barter, or otherwise supply feed, commercial feeds, or custom-mixed feeds.

"Distributor" means any person who distributes.

"Drug" means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than human and articles other than feed intended to affect the structure or any function of the animal body.

"Feed" means all edible materials consumed by animals, other than dogs, cats, or other domestic pets, that contribute energy or nutrients to the animal's diet and are distributed or imported.

"Feed ingredient" means each of the constituent materials making up a feed.

"Label" means a display of written, printed, or graphic matter:

(1) Upon or affixed to the container in which a commercial feed is distributed or imported; or

(2) On the invoice or delivery slip with which a commercial feed or custom-mixed feed is distributed or imported.

"Manufacture" means to grind, mix, or blend or further process a commercial feed for distribution.

"Official name" of a feed ingredient means the name of a feed ingredient that is defined in the current official publication of the Association of American Feed Control Officials, Incorporated.

"Official sample" means any sample of feed taken by the department or its agent and designated as "official" by the department.

"Person" includes individual, partnership, corporation, and association.

"Product name" means the name of the commercial feed that identifies it as to kind, class, or specific use.

"Sell" or "sale" includes exchange.

"Toll-milled feed" means a special feed that is processed by the processor:

(1) From materials entirely delivered by the owner thereof or the owner's authorized agent; and

(2) In accordance with the specific instructions of the owner,

and that is not distributed. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-3; HRS §144-3; am L 1969, c 27, §§1, 2; am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2; gen ch 1985; am L 2023, c 17, §4]
Haw. Rev. Stat. § 147-54 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-54
Department, consideration of use.
Status: in_force

The factors required to be considered by the department of agriculture and biosecurity in establishing any grades, standards, or classifications for any food product shall be applied in accordance with the extent to which and manner in which the same relate to the quality and condition of that product and the value and suitability thereof for the commercial or other use to which it is normally put.
Haw. Rev. Stat. § 147-73 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-73
Enforcement.
Status: in_force

The department of agriculture and biosecurity is empowered through its authorized agents, deputies and inspectors to enforce this part and to have supervision and control of all enforcement officers of this part in the State.
Haw. Rev. Stat. § 163D-9 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-9
Bonds.
Status: in_force

(a) The corporation, with the approval of the governor, may issue, from time to time, revenue bonds in amounts not exceeding the total amount of bonds authorized to be issued by the legislature for the purpose of constructing, acquiring, remodeling, furnishing, and equipping any project facility, including the acquisition of the site thereof; acquiring agricultural lands through purchase to sustain and preserve viable agricultural enterprises within a contiguous geographic area; or acquiring agricultural lands for the protection of agricultural lands, public land banking, or the promotion of farm ownership and diversified agriculture.

(b) All revenue bonds shall be issued pursuant to part III of chapter 39, except as provided in this chapter.

(c) The revenue bonds shall be issued in the name of the corporation and not in the name of the State. The final maturity date of the revenue bonds may be any date not exceeding thirty years from the date of issuance. [L 1994, c 264, pt of §1; am L 2008, c 234, §7]
Haw. Rev. Stat. § 142-92 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-92
Mongoose; keeping or breeding; penalty.
Status: in_force

It shall be unlawful for any person to introduce, keep or breed any mongoose within the State except upon and according to the terms of a written permit which may be granted therefor by the department of agriculture and biosecurity, in its discretion, to scientists, scientific institutions, associations, or colleges, or to officers, boards, or commissions of the State or any county. The department shall not issue a permit authorizing the keeping or breeding of mongoose within either the county of Kauai or the island of Lanai. Any person who violates this section shall be fined not less than $250 nor more than $1,000 for each mongoose introduced, kept or bred contrary to this section.