Haw. Rev. Stat. § 147-52 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-52
Grades, standards and classifications; changes.
Status: in_force

The standards for grading and classifying food products that have been or may be hereafter adopted, prescribed, or announced by the United States Department of Agriculture or by or under authority of the Congress of the United States are hereby declared to be the official standards for grading and classifying such food products for the State; provided that the department of agriculture and biosecurity may establish and prescribe other and different, or additional, standards for grading and classifying any such products, to the extent permitted by the laws of the United States, which standards, so established and prescribed by the department, shall be the official standards for grading and classifying any such food products for the State. The department may also establish and prescribe official standards for grading and classifying any or all food products for which no standards have been adopted, prescribed, or announced by the United States Department of Agriculture or by or under authority of the Congress. The department may change any standards established and prescribed by it hereunder from time to time.
Haw. Rev. Stat. § 155D-2.5 — HI Code / Division 1 / Title 11 / Chapter 155D / Section 155D-2.5
Grants; qualified feed developer.
Status: in_force

(a) Applications for grants submitted by qualified feed developers shall be submitted on a form furnished by the department and shall be filed with accompanying documentation of feed development costs; provided that:

(1) The applicant shall comply with applicable federal and state laws prohibiting discrimination against any person on the basis of race, color, national origin, religion, creed, sex, age, sexual orientation, or disability;

(2) The applicant shall have applied for or received any applicable licenses or permits;

(3) The applicant shall indemnify and hold harmless the State and its officers, agents, and employees from all claims arising out of or resulting from the feed sold;

(4) The grant shall not exceed a total of $200,000 per qualified feed developer per year; and

(5) The department may request an applicant to provide any necessary information for the purposes of verifying actual sales to qualified producers.

(b) Documentation of animal feed development costs, as requested by the department, shall be filed for feed sold to qualified producers within the immediately preceding fiscal quarter of the filing and shall be effective for feed development costs incurred after July 1, 2016.

(c) The applicant shall submit a quarterly financial statement of revenues and expenses along with other supporting documents as deemed necessary by the department and filed with the documentation of the feed development costs. An annual financial statement shall be filed with the department within ninety days following the close of the business' fiscal year, for final reconciliation of any reimbursement paid during the previous three quarters within the fiscal year. The financial statement shall be certified as accurate by the applicant and the preparer of the financial statement on forms prepared by the department.

(d) Funds shall be disbursed upon approval by the department to the qualified feed developer for up to fifty per cent of the development costs of feed sold to qualified producers, as verified by a certified public accountant.

(e) In no case shall costs be reimbursed to a qualified feed developer when, after evaluation and verification by the department, the department determines that the amount of reimbursement will result in an annual profit of more than ten per cent.

(f) The department shall aggregate the total grant applications pursuant to this section and divide and distribute the available grant funds on a pro rata basis. [L 2016, c 221, §2]
Haw. Rev. Stat. § 166-2 — HI Code / Division 1 / Title 11 / Chapter 166 / Section 166-2
Definitions.
Status: in_force

For the purpose of this chapter:

"Agricultural activities" means the care and production of livestock, livestock products, poultry, or poultry products, or apiary, horticultural, or floricultural products, or the planting, cultivating, and harvesting of crops or trees, including tree farms.

"Agricultural park" means any agricultural or aquacultural complex so designated by the board, for which state land or state funds are used, in order to meet the goals and objectives stated in section 166-1. Agricultural buildings, farm residences, and employee dwellings necessary to the production and distribution of agricultural and aquacultural commodities may be considered part of the agricultural park.

"Aquacultural activities" means the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment; provided that such farm or ranch is on or directly adjacent to land.

"Board" means the board of agriculture and biosecurity.

"Department" means the department of agriculture and biosecurity. [L 1986, c 222, pt of §1 ; am L 2025, c 236, §§17, 18]
Haw. Rev. Stat. § 147-24 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-24
Inspection.
Status: in_force

The board of agriculture and biosecurity may designate any employee or agent of the department to inspect or classify fresh and processed agricultural commodities.
Haw. Rev. Stat. § 142-3.6 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-3.6
Animal industry special fund.
Status: in_force

There is established the animal industry special fund to be administered by the board of agriculture and biosecurity. Moneys received by the board of agriculture and biosecurity from:

(1) The use or rental of the division of animal industry's properties or facilities, including the animal quarantine property or facilities pursuant to section 142-3.5;

(2) Revenue from fees for diagnostic, surveillance, and other work by the animal industry division veterinary laboratory and animal disease control branch;

(3) Fines, fees, costs, and damages recovered by the department of agriculture [and biosecurity] under section 142-32;

(4) Fees for applications to register a brand or mark pursuant to section 142-41; and

(5) Appropriations or other moneys made available,

shall be deposited into the special fund. Fines collected under section 708-823.2 shall be deposited into the special fund. All interest earned or accrued on moneys deposited in the special fund shall become part of the special fund. Moneys in the special fund shall be expended to cover costs of the division of animal industry, including the costs of salaries, fringe benefits, operating expenses, equipment, motor vehicles, contract with any qualified person or entity for livestock handling services, improvements to laboratory capabilities and operations, and operating and maintenance of the animal industry facilities; provided that moneys in the special fund may be used to fund the department's resource management and planning programs. A reserve shall be maintained in the special fund to cover contingency costs, including accrued vacation leave, unemployment insurance, and workers' compensation. [L 2011, c 185, §1; am L 2023, c 215, §1; am L 2025, c 235, §9 and c 236, §18]
Haw. Rev. Stat. § 147-58 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-58
Department; inspections, etc.
Status: in_force

§147-58 Department; inspections, etc.; request necessary. The board of agriculture and biosecurity may designate any employee or agent of the department of agriculture and biosecurity to inspect or classify food products, in accordance with such regulations as the department may prescribe, at the request of persons having an interest in the products, and to ascertain and certify to the persons the grade, classification, quality, or condition thereof and other pertinent facts as the department may require. The inspections, classifications, and certifications shall be requested, and in no case shall be required by the department.
Haw. Rev. Stat. § 161-51 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-51
Administration of oath.
Status: in_force

When a complaint is made to any prosecuting officer of the violation of this chapter or the rules adopted pursuant thereto, the division head or the division head's designee who issued the citation and summons shall subscribe to the complaint under oath.
Haw. Rev. Stat. § 150A-11 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-11
Enforcement.
Status: in_force

Inspectors shall enforce the provisions of this chapter and related rules promulgated by the department.

Inspectors shall be provided with suitable badges or insignia of office by the department, and shall have power to serve and execute warrants in all matters relating to the quarantine laws, to issue a citation for any violation of this chapter and related rules, and to seize contraband articles throughout the State. [L 1985, c 133, §6]
Haw. Rev. Stat. § 167-18 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-18
Approval of legislature, appropriations.
Status: in_force

Funds for acquisition or construction of irrigation facilities for each project, established by the board of agriculture and biosecurity under sections 167-13, 167-14, 167-15, and 167-17, may be requested from the legislature, as an appropriation to be repaid without interest to the general funds of the State by the board from water tolls, acreage assessments, and other receipts of the board within such period as may be specified in the act making the appropriation.
Haw. Rev. Stat. § 150A-55 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-55
Federal and other funds.
Status: in_force

The department shall place high priority on seeking and applying for federal and other funds for the biosecurity program.
Haw. Rev. Stat. § 150-29 — HI Code / Division 1 / Title 11 / Chapter 150 / Section 150-29
Seed licenses.
Status: in_force

A seed license from the department is required of:

(1) Every person whose name and address are required on the label or who imports into the State for sale or resale, agricultural or vegetable seed for planting purposes.

(2) Every person who opens any bag or container of agricultural or vegetable seed and sells the contents for planting purposes within the State.

Application for the license shall be made to the department in accordance with rules adopted by the department. All licenses shall expire on June 30 of each year. [L 1945, c 90, pt of §2; RL 1955, §26-13; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §150-29; am L 1979, c 87, §4; am L 1987, c 164, §11; am L 1991, c 73, §8]
Haw. Rev. Stat. § 149A-53 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-53
Applicability of chapter 91.
Status: in_force

The board shall, in the administration of this chapter, conform to the provisions of chapter 91.
Haw. Rev. Stat. § 166E-2 — HI Code / Division 1 / Title 11 / Chapter 166E / Section 166E-2
Definitions.
Status: in_force

For the purposes of this chapter:

"Agricultural activities" means the care and production of livestock, livestock products, poultry, or poultry products, or apiary, horticultural, or floricultural products, or the planting, cultivating, and harvesting of crops or trees.

"Aquacultural activities" means the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment; provided that the farm or ranch is on or directly adjacent to land.

"Board" means the board of agriculture and biosecurity.

"Department" means the department of agriculture and biosecurity.

"Non-agricultural park lands" means lands that are transferred to and managed by the department pursuant to this chapter. [L 2003, c 90, pt of §1; am L 2006, c 157, §2; am L 2023, c 68, §2; am L 2024, c 178, §6; am L 2025, c 236, §§17, 18]
Haw. Rev. Stat. § 147-32 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-32
Rules and regulations.
Status: in_force

The department of agriculture and biosecurity shall have the necessary powers to carry out and effectuate the purposes of this part, including the following:

To establish, prescribe, modify, or alter, by rules and regulations, which shall have the force and effect of law, grades, standards, and classifications for fresh and processed flowers and foliage, and minimum requirements for fresh and processed flowers and foliage destined for shipment by commercial exporters to points outside, and minimum requirements for containers, packing materials, methods of packing, and requirements for labeling to be used in packaging fresh and processed flowers and foliage destined for shipment by commercial exporters to points outside the State.

The department in establishing such rules and regulations shall consult with appropriate state and federal agencies and with any appropriate industry or trade organization. The grades, standards, classifications, minimum requirements for flowers and foliage and requirements for containers, packing material, methods of packing, and labeling shall be on the basis of what the department may deem best suited to the agricultural, horticultural, or other interests of the State. [L 1959, c 267, pt of §2; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2 and c 139, §2; Supp, §22-26.3; HRS §147-32 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 149A-23 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-23
Cooperation.
Status: in_force

The department may cooperate or enter into agreements with any other agency of the State or any agency of the federal government for the purpose of carrying out this chapter and securing uniformity of rules.
Haw. Rev. Stat. § 168-2 — HI Code / Division 1 / Title 11 / Chapter 168 / Section 168-2
Powers.
Status: in_force

In addition to any other powers conferred upon the board of agriculture and biosecurity, the board shall have the powers hereinafter set forth. The board shall have the power to make preliminary surveys and engineering studies, and to construct irrigation and water utilization projects, designed to serve and supply the owners and occupants of lands, and to manage, control, operate, and maintain the projects in accordance with this chapter. If, in the board's reasonable discretion, existing civil service staff is inadequate to service the projects or the project facilities, the board shall also have the power to contract for services with the private sector for operation or maintenance of project facilities with any qualified person. It shall also have the power to contract with domestic water users including the counties. It shall further have the power to contract with the government of the United States or any bureau or agency thereof with regard to the construction or the financing of a system.

The board shall have power to fix, charge, and collect reasonable water rates for service from the water system to defray the cost of operation, maintenance, and replacements of the system. It shall also have the power to acquire by eminent domain, water and water sources either above or underground watersheds, reservoir sites, rights-of-way over lands and property for paths, trails, roads, and landing sites, ditches, tunnels, flumes, reservoirs, and pipelines necessary or proper for the construction and maintenance of a system for conveying, distributing, and transmitting water for irrigation and domestic use and for such other purposes as may properly fall within the scope of its activities in creating, managing, controlling, operating, and maintaining an irrigation and water utilization system. The power of eminent domain shall be exercised in the manner and under the procedure provided by law. [L 1987, c 306, pt of §2; am L 1998, c 289, §1 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 161-15 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-15
Granting, suspending, and revoking licenses.
Status: in_force

The action of the board in refusing to grant or renew a license, or in revoking or suspending a license, may be reviewed in the manner provided by chapter 91.

(a) No license shall be denied unless the board finds after due notice and opportunity of hearing in accordance with chapter 91, one or more of the following:

(1) That the applicant does not qualify or does not possess the facilities to conduct a business properly.

(2) That the applicant does not have the financial responsibility to conduct a business properly.

(3) That the issuance of a 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 in accordance with chapter 91, to the licensee when it finds any of the following:

(1) The licensee has been adjudged a bankrupt.

(2) The licensee has violated chapter 480, and said violation is directly or indirectly involved with the state poultry industry.

(3) The licensee has failed to keep records or to furnish the statements or information required by the board.

(4) The licensee has intentionally made a false or misleading statement upon which the license was issued.

(5) The licensee has violated or failed to comply with any of the provisions of this chapter.

(6) The licensee has ceased to operate the 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 1969, c 212, §11]
Haw. Rev. Stat. § 155D-2 — HI Code / Division 1 / Title 11 / Chapter 155D / Section 155D-2
Grants; qualified producer.
Status: in_force

(a) Applications for grants by qualified producers shall be submitted on a form furnished by the department and shall be filed with accompanying documentation of animal feed costs; provided that:

(1) The applicant shall comply with applicable federal and state laws prohibiting discrimination against any person on the basis of race, color, national origin, religion, creed, sex, age, sexual orientation, or disability;

(2) The applicant shall have applied for or received all applicable licenses or permits;

(3) The applicant shall indemnify and hold harmless the State and its officers, agents, and employees from all claims arising out of or resulting from the feed purchased;

(4) The subsidy shall not be allowed within a fiscal quarter if the flock or herd size or, in the case of fish or crustaceans, sale weight, falls five per cent or more below the required minimum of:

(A) Thirty birds;

(B) Ten cows;

(C) Ten sows in any two months of the applicable fiscal quarter;

(D) Twenty finished beef cattle annually;

(E) Twenty-five lactating milking goats;

(F) Thirty sheep, lambs, or goats raised for meat annually; or

(G) Sales of five hundred pounds of fish or crustaceans in the applicable fiscal quarter; and

(5) The department may request an applicant to provide necessary information for the purposes of verifying flock or herd size or sale weight, as applicable, and feed purchases.

(b) Documentation of animal feed costs, as requested by the department, shall be filed for feed purchased within the immediate preceding fiscal quarter of filing.

(c) The applicant shall submit a quarterly financial statement of farm revenues and expenses along with other supporting documents as deemed necessary by the department, and filed with the documentation of the feed costs. An annual financial statement shall be filed with the department within ninety days following the close of the business' fiscal year for final reconciliation of any reimbursement paid during the previous three quarters within the fiscal year. The financial statements shall be certified as accurate by the applicant and the preparer of the financial statement on forms prepared by the department.

(d) Funds shall be disbursed upon approval by the department to the qualifying producer for up to:

(1) Sixty per cent of the feed costs incurred for production of poultry products;

(2) Forty per cent of the feed costs incurred for milk production;

(3) Fifty per cent of the feed costs incurred for pigs raised in Hawaii and slaughtered for local consumption;

(4) Fifty per cent of the feed costs for beef cattle raised in Hawaii and slaughtered in Hawaii for local consumption;

(5) Fifty per cent of the feed costs for sheep, lambs, and goats raised in Hawaii and slaughtered in Hawaii for local consumption; or

(6) Fifty per cent of the feed costs for fish or crustaceans raised in Hawaii and processed for local consumption.

(e) Feed costs shall be limited to only the feed fed to the qualifying flock, herd, fish, or crustaceans and shall not include the feed purchases for resale or gift, or the cost of transportation to Hawaii. In no case shall costs be reimbursed to a qualified producer when, after evaluation and verification by the department, the department determines that the amount of reimbursement will result in an annual profit of more than:

(1) Twelve per cent for milk producers;

(2) Eight per cent for poultry producers;

(3) Eight per cent for pork producers;

(4) Eight per cent for beef producers;

(5) Eight per cent for sheep, lamb, or goat meat producers; or

(6) Eight per cent for seafood producers.

(f) The department shall aggregate the total grant claims pursuant to this section and divide and distribute the available grant funds on a pro rata basis. [L 2007, c 221, pt of §2; am L 2013, c 200, §3; am L 2016, c 221, §4]
Haw. Rev. Stat. § 143-2.2 — HI Code / Division 1 / Title 11 / Chapter 143 / Section 143-2.2
Microchip identification.
Status: in_force

(a) An owner shall have a microchip implanted in the owner's dog or cat, and the owner shall register the microchip number and the owner's contact information with a microchip registration company.

(b) When the contact information of the owner of a dog or cat changes, the owner shall provide the new contact information to the applicable microchip registration company no later than thirty days after the change in contact information occurs.

(c) When the owner of a dog or cat transfers ownership to another owner:

(1) The former owner shall inform the new owner of the microchip registration company with which the dog's or cat's microchip is registered; and

(2) The new owner shall provide the microchip registration company with the new owner's contact information no later than thirty days after the transfer of ownership occurs.

(d) Each animal control contractor or nonprofit animal rescue organization shall implant a microchip in all stray dogs and cats in its custody that do not have a microchip.

(e) All animal control contractors shall activate the microchip registration company's found pet alerts to notify owners whose pets' microchips are registered with that company if the pet is found and the owner is not present.

(f) Veterinary clinics, animal shelters, and other animal rescue organizations that scan found pets for microchips shall release only the chip identification number to the finder upon request.

(g) Nothing in this section shall be construed to apply to animals being cared for as part of a designated population management program.

(h) As used in this section, "owner" means any person owning, harboring, or keeping a dog or cat; providing care or sustenance for a dog or cat; or having custody of a dog or cat, whether temporarily or permanently. "Owner" does not include the animal quarantine branch or plant quarantine branch of the department of agriculture and biosecurity. [L Sp 2021, c 5, §2 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 161-39 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-39
Registration.
Status: in_force

No person shall engage in business in or for intrastate commerce, as a poultry broker, renderer, or animal food manufacturer, or as the wholesaler of any carcasses, or parts or products of the carcasses, of any poultry, whether intended for human food or other process, or engage in business as a public warehouse worker storing any such articles in or for intrastate commerce, or engage in the business of buying, selling, or transporting in intrastate commerce, any dead, dying, disabled, or diseased poultry or parts of the carcasses of any poultry that died otherwise than by slaughter, unless the person has registered with the board the person's name and the address of each place of business at which, and all trade names under which, the person conducts such business.
Haw. Rev. Stat. § 141-18 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-18
Plant care components ; fumigation; treatment; certification; fees; restrictions.
Status: in_force

(a) The department of agriculture and biosecurity:

(1) Shall certify plant care component treatments performed within the State;

(2) May certify and permit entities to conduct plant care component treatments before shipment; and

(3) Shall deposit any fees collected for certifications of plant care component treatment pursuant to section 150A-21 into the pest inspection, quarantine, and eradication fund established pursuant to section 150A-4.5.

(b) No person shall distribute within the State any plant care component that originated outside the State, unless:

(1) The plant care component was subject to a treatment before entering the State; or

(2) The plant care component has been treated immediately after arriving in the State, as certified by the department of agriculture and biosecurity.

(c) No person shall transport any plant care component:

(1) Between the islands of the State; or

(2) From a location within the State to a location outside the State,

without prior certification from the department of agriculture and biosecurity that the component has been treated pursuant to this section; provided that the component shall be stored in a manner to prohibit infestation post-treatment .

(d) Any person who violates any provision of this section or rules adopted under this section may be assessed an administrative penalty by the board of not more than $10,000 for each offense. No administrative penalty shall be assessed unless the person charged has been given notice and an opportunity for a hearing on the specific charge. The administrative penalty and any proposed action contained in the notice of finding of violation shall become a final order unless, within twenty days of receipt of the notice, the person or persons charged make a written request for a hearing. In determining the amount of penalty, the board shall consider the appropriateness of the penalty to the size of the business of the person charged, the effect on the person's ability to continue business, and the gravity of the violation.

(e) In case of inability to collect the administrative penalty or failure of any person to pay all or a portion of the administrative penalty as the board may determine, the board shall refer the matter to the attorney general, who shall recover the amount by action in the appropriate court. For any judicial proceeding to recover the administrative penalty imposed, the attorney general need only show that notice was given, a hearing was held or the time granted for requesting a hearing has expired without such a request, the administrative penalty was imposed, and the penalty remains unpaid.

(f) When construing and enforcing this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by any person shall in every case be also deemed to be the act, omission, or failure of such person as well as that of the person employed.

(g) For the purposes of this section:

"Board" means board of agriculture and biosecurity.

"Filter sock" means a mesh tube that contains organic plant material, which is used for erosion control.

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

"Plant care component" or "component" means any quantity of wood chips or compost that is used in the propagation of plants or in a filter sock.

"Treat" or "treatment" means fumigation or heat treatment. [L 2024, c 197, §1; am L 2025, c 236, §38]
Haw. Rev. Stat. § 150A-58 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-58
Government-industry agreements for readiness and response.
Status: in_force

(a) The department may enter into readiness and response agreements with businesses and representatives of businesses in the plant and animal industries of the State, including businesses that grow, harvest, or produce animals and plants or products from animals and plants.

(b) The agreements shall include:

(1) Readiness activities that:

(A) Prevent unwanted organisms from entering the State; and

(B) Detect unwanted organisms; and

(2) Response activities that:

(A) Facilitate the immediate investigation of an unwanted organism after detection, including timely reporting of the unwanted organism's detection to the department;

(B) Minimize the impact of the unwanted organism on natural and physical resources, human health, and overseas market access for Hawaii products;

(C) Control the spread of an unwanted organism;

(D) Reduce the geographical distribution of an unwanted organism;

(E) Eradicate the unwanted organism; and

(F) Include providing the department with relevant information for posting to the pest dashboard pursuant to section 141-3.5.

(c) A violation of an applicable readiness plan shall be subject to penalties under section 150A-14 . [L 2025, c 236, pt of §34]
Haw. Rev. Stat. § 145-24 — HI Code / Division 1 / Title 11 / Chapter 145 / Section 145-24
Authorization to inspect.
Status: in_force

(a) Every law enforcement officer or other officer or employee having reason to believe based upon specific and articulable facts that the possession, sale, or transportation of agricultural commodities is unlawful, may take reasonable steps to detain the person having possession, selling, or transporting the agricultural commodities and request from the person being detained proof of ownership of the commodities.

(b) For the purposes of this section, "officer or employee" has the same meaning as defined in section 145-27. [L 1999, c 186, pt of §2; am L 2025, c 235, §30]
Haw. Rev. Stat. § 157-26 — HI Code / Division 1 / Title 11 / Chapter 157 / Section 157-26
Records of licensees.
Status: in_force

The board of agriculture and biosecurity may require licensees to keep such records and information as it deems necessary for the proper enforcement of this chapter.
Haw. Rev. Stat. § 142-4 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-4
Entry of animals without inspection prohibited.
Status: in_force

(a) No animal shall be allowed to enter the State except after inspection by the department of agriculture and biosecurity and the issuance of a permit by the department to the consignee or owner; provided that no fees for inspection shall be charged, nor delays caused, concerning the landing of any domestic animal for which a certificate of health has been issued as prescribed by the Federal Cattle Contagious Disease Act. Every carrier, owner, or handler bringing animals into the State shall be required to present these animals to the department of agriculture and biosecurity for inspection.

(b) Any person who fails to present an animal pursuant to subsection (a) shall be assessed an administrative penalty of not more than $1,000 for each violation. Each animal that enters the State without inspection shall constitute a separate violation. [L 1905, c 82, pt of §4; RL 1925, §611; RL 1935, §206; RL 1945, §1055; RL 1955, §20-5; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-4; am L 1986, c 263, §1 ; am L 2025, c 235, §10 and c 236, §17]
Haw. Rev. Stat. § 146-24 — HI Code / Division 1 / Title 11 / Chapter 146 / Section 146-24
Violations; penalty.
Status: in_force

A violation of section 146-21, 146-22, or 146-23 shall be punishable by a fine of not more than $500 or imprisonment of not more than one year, or both.
Haw. Rev. Stat. § 147-59 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-59
Continuous factory inspection; request necessary; labels or marks.
Status: in_force

The board of agriculture and biosecurity may designate any employee or agent of the department of agriculture and biosecurity to perform continuous factory inspection or classification of food products, in accordance with such rules and regulations as the department may prescribe, at the request of persons having an interest in the products, and to ascertain and certify to the persons the grade, classification, quality, or condition thereof and such other pertinent facts as the department may require. Such inspections, classifications and certifications shall be requested, and in no case shall be required by the department.

Subject to rules and regulations prescribed by the department, an appropriate state label or mark or marks, established and adopted by the department, may be used on packages or containers of food products which are so continuously inspected and graded and are found to meet the official grades or standards of the department shown on the label or by the mark or marks. The labels shall include a statement of the official grade or standard of the product contained in the package or container, as graded or classified under this part, and may include, in whole or in part, a facsimile of the seal of the department. The department may register any label as a trademark under the laws of the State or may register it with the United States government and any state or foreign government.

The department may fix, assess, and collect, or cause to be collected, fees for the use of labels or marks or may print and sell the labels, at charges to be fixed by the department, to persons authorized to use them on packages or containers, or may rent dies or cuts of labels or marks, at a charge to be fixed by the department, to persons authorized to use them. [L 1947, c 195, §9; RL 1955, §22-48; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-59 ; am L 2025, c 236, §§17, 18]
Haw. Rev. Stat. § 142-11 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-11
Forfeiture of animals, etc.
Status: in_force

All animals, fodder, fittings, or effects landed contrary to this chapter or taken or removed from quarantine before being duly discharged, shall be forfeited to the use of the State. All animals brought into quarantine grounds or placed with any animals under quarantine or placed into provisional quarantine, shall be deemed to come under this chapter and shall be subject to all the conditions of the same.
Haw. Rev. Stat. § 149A-4 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-4
Effect of chapter on department of health.
Status: in_force

Nothing in this chapter shall be construed to amend or alter the functions, duties, and powers of the department of health relative to chapters 321, 322, 328, and 330.
Haw. Rev. Stat. § 166E-4 — HI Code / Division 1 / Title 11 / Chapter 166E / Section 166E-4
Conversion of qualified and encumbered other agricultural lands.
Status: in_force

The department shall establish criteria and rules pursuant to chapter 91 and subject to approval by the board to convert qualified and encumbered non-agricultural park lands to department leases or other forms of encumbrance.
Haw. Rev. Stat. § 142-19 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-19
Indemnification for tuberculous animals.
Status: in_force

For any animal slaughtered, under section 142-18, the owner shall be paid one-third the difference between the appraised value of each animal so destroyed and the value of the salvage thereof; provided that in no case shall the payment exceed $25 per head; except when no lesions are found, when a payment not to exceed $50 shall be made; and provided further that no compensation shall be paid for tubercular steers or unregistered bulls.

The department of agriculture and biosecurity may agree with the owner of any animal as to the valuation thereof. In case no agreement can be reached as to the valuation of any animal, the department shall choose some disinterested citizen, the owner another, and the two so chosen shall designate a third, the three to act as appraisers who shall appraise the animal and whose decision or the decision of a majority thereof shall be final. All appraisals of cattle under this section, whether by agreement or by the appraisers, shall be based upon the market value of the animal so condemned on the day of appraisal, whether for breeding purposes or for milk production. All appraisals shall be signed by the owner and the appraisers and shall be reported to the department. Compensation for appraisers shall be $2.50 per day and their necessary traveling expenses, which compensation shall be borne by the owner in case the appraisers fail to increase the valuation made by the department; otherwise, the appraisers shall be paid by the department.

The amount of indemnification having thus been ascertained, the owner may present to the state comptroller a claim against the State therefor. A warrant for the payment of the claim shall be made upon vouchers approved by the department and supported by the inspector's report on the presence or otherwise of tubercular lesions; provided that no indemnification shall be paid:

(1) Unless the owner has cooperated with the department in complying with all rules and regulations issued by the department relative to the control and eradication of bovine tuberculosis and has presented the owner's whole herd for testing;

(2) For any animal which has been placed in herds known to be infected at the time, unless the animal is found upon post mortem not to be tubercular;

(3) For any imported animal condemned on retest while in quarantine and before release from quarantine unless the animal is found upon post mortem not to be affected with tuberculosis;

(4) On any animal if introduced into a herd under supervision within a period of less than six months prior to condemnation, unless the animal was obtained from a herd under state and federal supervision for the eradication of tuberculosis;

(5) For any animal condemned for tuberculosis in any dairy herd under supervision where it appears that any untested animal has been allowed to mingle or mix with the herd; and

(6) For any animal from any dairy herd under supervision, if any animal from the herd is allowed to mingle or come in contact with other cattle not under supervision, unless the cattle not under supervision are proved by the tuberculosis test to be free from tuberculosis.

In case of any report or ruling adverse to the owner thereof, the owner shall be given a hearing before the department before a final ruling is made. [L 1923, c 124, §4; RL 1925, §629; am L 1927, c 215, §2; am L 1929, c 99, §1; am L Sp 1932 2d, c 39, §3; am L 1933, c 57, §2; RL 1935, §225; RL 1945, §1079; RL 1955, §20-20; am L 1957, c 152, §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-19; gen ch 1985 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 165-2 — HI Code / Division 1 / Title 11 / Chapter 165 / Section 165-2
Definitions.
Status: in_force

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

"Farming operation" means a commercial agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including the care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses; the planting, cultivating, harvesting, and processing of crops; and the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment. "Farming operation" includes but shall not be limited to:

(1) Agricultural-based commercial operations as described in section [205-2(d)(15)];

(2) Noises, odors, dust, and fumes emanating from a commercial agricultural or an aquacultural facility or pursuit;

(3) Operation of machinery and irrigation pumps;

(4) Ground and aerial seeding and spraying;

(5) The application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and

(6) The employment and use of labor.

A farming operation that conducts processing operations or salt, brackish, or freshwater aquaculture operations on land that is zoned for industrial, commercial, or other nonagricultural use shall not, by reason of that zoning, fall beyond the scope of this definition; provided that those processing operations form an integral part of operations that otherwise meet the requirements of this definition.

"Nuisance" means any interference with reasonable use and enjoyment of land, including but not limited to smoke, odors, dust, noise, or vibration; provided that nothing in this chapter shall in any way restrict or impede the authority of the State to protect the public health, safety, and welfare. "Nuisance" as used in this chapter, includes all claims that meet the requirements of this definition regardless of whether a complainant designates such claims as brought in nuisance, negligence, trespass, or any other area of law or equity; provided that nuisance as used in this chapter does not include an alleged nuisance that involves water pollution or flooding. [L 1982, c 256, pt of §1; am L 1986, c 242, §2; am L 1993, c 162, §2; am L 2001, c 26, §1; am L 2012, c 113, §1]
Haw. Rev. Stat. § 141-43 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-43
Rulemaking authority.
Status: in_force

[See Note at part heading.] (a) The department of agriculture and biosecurity shall adopt rules pursuant to chapter 91 to effectuate the purpose of this part, including any rules necessary to address any nuisance issues, including smell, noise, and excessive lighting arising out of the activities of hemp growers licensed under the State's industrial hemp pilot program who grow hemp within areas prohibited under section 141-42(a)(1) and (2).

(b) No later than September 30, 2020, the department of agriculture and biosecurity shall adopt interim rules, which shall be exempt from chapters 91 and 201M to effectuate the purposes of this part; provided that the interim rules shall remain in effect through June 30, 2022, or until rules are adopted pursuant to subsection (a), whichever occurs sooner. [L 2020, c 14, pt of §3, §9; am L 2022, c 137, §2; am L 2023, c 263, §4 ; am L 2025, c 236, §17 ]
Haw. Rev. Stat. § 143-20 — HI Code / Division 1 / Title 11 / Chapter 143 / Section 143-20
Reporting of dog or cat captured or killed in snare or trap.
Status: in_force

Any dog or cat captured or killed in any steel-jawed leg-hold trap, snare, conibear trap, or foot- or leg-hold trap, as those terms are defined in section 711-1109.37, in an area zoned as residential shall immediately be checked for identification and reported to a county animal control officer and, upon request, shall be turned over to the animal control officer.
Haw. Rev. Stat. § 142-112 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-112
Aviary game bird permits.
Status: in_force

The department shall issue an aviary game bird permit to any person who raises aviary game birds and shall adopt rules pursuant to chapter 91 to effectuate this part.
Haw. Rev. Stat. § 159-39 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-39
Dead, dying, disabled, or diseased animals.
Status: in_force

No person engaged in the business of buying, selling, or transporting in intrastate commerce, dead, dying, disabled, or diseased animals, or any parts of the carcasses of any animals that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation, in commerce, any dead, dying, disabled, or diseased cattle, sheep, swine, goats, horses, mules, or other equines, or parts of the carcasses of any such animals that died otherwise than by slaughter, unless the transaction or transportation is made in accordance with the rules that the board may adopt to assure that the animals, or the parts or products thereof, will be prevented from being used for human food purposes.
Haw. Rev. Stat. § 149A-15.5 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-15.5
Pesticide information signs.
Status: in_force

(a) Every retailer that sells pesticides to the public shall post a warning sign with respect to the sale of pesticides, pursuant to rules adopted by the department; provided that retailers may post the warning sign or place the warning sign at the product display areas.

(b) The department shall adopt rules pursuant to chapter 91 and subsection (a) to require the posting of pesticide warning signs containing but not limited to the following information:

(1) The proper handling, storage, and disposal of all pesticides sold;

(2) Emergency telephone numbers to call in case of poisoning from the pesticides; and

(3) Any other related information the department deems helpful and appropriate for consumers.

The department may also adopt any other rules pursuant to chapter 91 necessary to effectuate this section, including rules relating to the size and placement of warning signs. [L 2007, c 174, §1]
Haw. Rev. Stat. § 141-9 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-9
Energy feedstock program.
Status: in_force

(a) There is established within the department of agriculture and biosecurity an energy feedstock program that shall:

(1) Maintain cognizance of actions taken by industry and by federal, state, county, and private agencies in activities relating to the production of energy feedstock, and promote and support worthwhile energy feedstock production activities in the State;

(2) Serve as an information clearinghouse for energy feedstock production activities;

(3) Coordinate development projects to investigate and solve biological and technical problems involved in raising selected species with commercial energy generating potential;

(4) Actively seek federal funding for energy feedstock production activities;

(5) Undertake activities required to develop and expand the energy feedstock production industry; and

(6) Perform other functions and activities as may be assigned by law, including monitoring the compliance provisions under section 205-4.5(a)(16).

(b) The chairperson of the board of agriculture and biosecurity shall consult and coordinate with the chief energy officer of the Hawaii state energy office under chapter 196 to establish milestones and objectives for the production of energy feedstock that is grown in the State. The chairperson and the chief energy officer of the Hawaii state energy office shall report the State's progress toward meeting such milestones and objectives annually to the legislature.

(c) The chairperson of the board of agriculture and biosecurity shall also consult and coordinate with research programs and activities at the University of Hawaii that will assist in the further growth and promotion of the energy feedstock production industry in Hawaii.

(d) The chairperson of the board of agriculture and biosecurity may employ temporary staff exempt from chapters 76 and 89. The board may adopt rules pursuant to chapter 91 to effectuate the purposes of this section. [L 2007, c 159, §5; am L 2012, c 329, §2; am L 2019, c 122, §3 ; am L 2025, c 236, §§17, 18]
Haw. Rev. Stat. § 147-75 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-75
Notice of grade and size; designation of origin of imported eggs; violation.
Status: in_force

It shall be unlawful for any person to sell, or offer to sell, or expose for sale to a consumer, any eggs, other than those of the person's own production at the place of production, intended for human consumption, without notifying, by suitable sign or label, the person purchasing or intending to purchase the same whether the same are imported from the mainland United States or foreign countries or of island production, and the exact grade or quality and the size or weight of the eggs, according to the standards prescribed by the department of agriculture and biosecurity.

The word "island" shall be used to designate the geographic origin of eggs produced in this State.

Eggs imported from the mainland United States or foreign countries shall be individually marked as to origin. Imported eggs shall not be processed, sold, or offered for sale until importation and other documentation required by the department of agriculture and biosecurity are furnished to the department; provided that eggs that are intended for hatching or sale as balut and eggs that are preserved with an outer covering of ashes and salt need not be marked as provided in this section.

Any violation of this section shall be considered an unfair method of competition and unfair or deceptive act or practice under chapter 481A upon which any person may bring an action. [L 1931, c 70, §5; RL 1935, §1077; am L 1935, c 164, §1; am L 1939, c 175, §1; RL 1945, §1308; am L 1953, c 242, §1; am L 1955, c 167, §§2, 4; RL 1955, §22-74; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-75; am L 1983, c 177, §3; gen ch 1985; am L 1989, c 55, §1; am L 2017, c 13, §1 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 150A-5.5 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-5.5
What constitutes importation.
Status: in_force

(a) The landing of any article for the purpose of inspection or quarantine shall not be construed to give the article any status or the owner any right incident to articles which have actually been passed and allowed into the State.

(b) In legal effect, articles landed for the purpose of inspection or quarantine shall be construed to be still outside the State seeking entry, and shall not, in whole or in part, be considered suitable for entry into the State unless a tag, label, or stamp has been affixed to the article, its container, or its delivery order by the inspector as provided in section 150A-5(8), except that articles quarantined in the biocontrol containment facilities of the department or of other government agencies engaged in joint projects with the department may be released upon issuance of a permit approved by the board.

(c) Notwithstanding subsections (a) and (b), the import of articles in violation of this chapter or rules adopted under this chapter may subject the importer to penalty although the articles have not been passed for entry. [L 1985, c 133, §4; am L 1990, c 243, §3; am L 1996, c 153, §3; am L 2025, c 236, §29]
Haw. Rev. Stat. § 142-102 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-102
Pigeon permits.
Status: in_force

The department shall issue a pigeon ownership permit to any person who raises pigeons and shall adopt rules pursuant to chapter 91 to effectuate this part.
Haw. Rev. Stat. § 148-66 — HI Code / Division 1 / Title 11 / Chapter 148 / Section 148-66
Administrative penalties.
Status: in_force

(a) The department of agriculture and biosecurity, after notice and opportunity for hearing, may revoke or suspend any license issued under this part for any violation of this part.

(b) The department of agriculture and biosecurity, after notice and opportunity for hearing, may fine any person who violates this part, not more than $1,000 for each separate offense. Each day or instance of violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action. [L 2002, c 163, pt of §2 ; am L 2025, c 236, §17 ]
Haw. Rev. Stat. § 149A-22 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-22
Authority.
Status: in_force

The board shall have authority to adopt rules, as necessary, consistent with section 5(f) and section 24(c) of FIFRA, to develop and implement state programs for registration of pesticides for special local needs and issuance of experimental use permits.
Haw. Rev. Stat. § 157-25 — HI Code / Division 1 / Title 11 / Chapter 157 / Section 157-25
Proceedings to review.
Status: in_force

The action of the board of agriculture and biosecurity in refusing to grant or renew a license, or in revoking or suspending a license, or in conditioning or limiting the granting or renewal of a license, may be reviewed in the manner provided by chapter 91.
Haw. Rev. Stat. § 147-53 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-53
Department; grades, standards, and classifications; factors.
Status: in_force

In establishing any grades, standards, or classifications for any food product, the department of agriculture and biosecurity, in addition to such factors as may be specified in any other law, shall take into account and base the grades, standards, or classifications upon such of the following factors as shall be applicable to the product involved: degree of maturity; size, measured by dimensions or weight; degree of freshness, as determined by physical examination or chemical test or analysis; moisture content; uniformity; color; firmness; tenderness; defects; injury; damage; diseases; appearance; mixture of varieties; decay; conformation; soundness; varietal characteristics or type; number of specimens per pound; nature of pack; presence of dirt or other foreign material; condition as to temperature and extent to which the product is hot or heating or is in a sour condition; extent to which product is satisfactory for human or other consumption or use; extent to which the product has been affected by handling or treatment; extent to which the product has a commercially objectionable flavor or odor; and other factors indicative of class, quality, or condition, and of the value or suitability of the product involved for the commercial or other use to be made thereof. In addition, the department shall take into account any grades, standards, or classifications for such product established by the United States Department of Agriculture and also applicable federal grades and standard laws.
Haw. Rev. Stat. § 155-2 — HI Code / Division 1 / Title 11 / Chapter 155 / Section 155-2
Objectives.
Status: in_force

One of the objectives of the department of agriculture and biosecurity shall be to promote the agricultural development of the State by stimulating, facilitating, and granting loans to qualified farmers and food manufacturers.

The department shall encourage the growth, development, and well-being of agriculture in the State by:

(1) Maximizing the use of limited state funds and resources in encouraging development of new farmers and new crops;

(2) Assisting qualified farmers and food manufacturers with loans;

(3) Encouraging private lenders to make loans to qualified farmers and food manufacturers directly, or in cooperation, or in participation with the State; and

(4) Providing relief to farmers in times of emergencies.

The department shall also establish standards and criteria pursuant to which loans may be provided to qualified farmers and food manufacturers who cannot secure credit from other sources at reasonable rates and terms. Any assessment of the program shall consider its purpose and intent that involves credit risk beyond that of banks and other private lenders, and the assessment shall be based on standards of similar programs. [L 1959, c 278, pt of §1; am L Sp 1959 2d, c 1, §25; am L 1961, c 132, §2; Supp, §102-3; HRS §155-2; am L 1979, c 222, §2; am L 2000, c 51, §3 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 142-75 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-75
Human bitten by dog; duty of dog owners; action against owner.
Status: in_force

(a) The owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to prevent the recurrence of such incident.

(b) Whenever a dog has bitten a human being under circumstances for which none of the exceptions specified in section 663-9.1 apply, any person may bring an action against the owner of the dog in the district court of the judicial circuit in which the owner resides, to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bite or bites have been changed so as to remove the danger to other persons presented by the animal. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including but not limited to the removal of the animal from the area or its destruction by its owner. In making its decision, the court may consider:

(1) The vicious or dangerous propensities of the animal;

(2) The ability of the owner to adequately confine or remove the animal; and

(3) The necessity of any destruction of an animal in light of the health, safety, and welfare of the community.

This section shall not preclude any existing common law remedies.

(c) Each county may enact and enforce ordinances regulating persons who own, harbor, or keep any dog that has bitten, injured, or maimed a person. No ordinance enacted under this subsection shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that the ordinance shall not affect the civil liability of a person owning, harboring, or keeping the dog. Upon enactment of an ordinance, whether enacted on, before, or after June 30, 2001, the ordinance shall have full force and effect; provided that the ordinance is consistent with this section. [L 1980, c 283, §2; am L 2001, c 222, §2; am L 2021, c 30, §2]
Haw. Rev. Stat. § 161-25 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-25
Slaughter, processing, transportation, and selling.
Status: in_force

No person, with respect to any poultry or poultry product, shall:

(1) Slaughter any poultry or process any poultry or poultry products that are capable of use as human food, at any establishment processing poultry or poultry products solely for intrastate commerce, except in compliance with the requirements of this chapter;

(2) Sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce:

(A) Any poultry or poultry products that are capable of use as human food and are adulterated or misbranded at the time of sale, transportation, offer for sale or transportation, or receipt for transportation; or

(B) Any poultry or poultry products required to be inspected under this chapter unless they have been so inspected and passed; or

(3) Do, with respect to any poultry or poultry products that are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after such transportation that is intended to cause or has the effect of causing the poultry or poultry product to be adulterated or misbranded. [L 1969, c 212, §17; am L 2024, c 178, §5]
Haw. Rev. Stat. § 150-31 — HI Code / Division 1 / Title 11 / Chapter 150 / Section 150-31
Violations; penalties.
Status: in_force

Every person who violates this chapter or any rule adopted by the department pursuant to section 150-22, shall be fined not less than $100 nor more than $1,000 for the first offense, and not less than $1,000 nor more than $5,000 for each offense thereafter.
Haw. Rev. Stat. § 142-18 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-18
Disposal of tuberculous animals.
Status: in_force

(a) The owner of all cattle reacting to the tuberculin test shall, subject to section 142-16, cause them to be segregated immediately and, within a reasonable time thereafter, to be delivered for slaughter at a time and place as may be designated by the department of agriculture and biosecurity. The slaughter shall be under the direct supervision of the department of agriculture [and biosecurity] and in accordance with the meat inspection regulations of the United States Department of Agriculture.

(b) Any person who fails to segregate tuberculous animals or deliver them for slaughter shall be guilty of a misdemeanor. [L 1923, c 124, §3; RL 1925, §628; am L 1927, c 215, §1; RL 1935, §224; am L 1939, c 111, §2; RL 1945, §1078; RL 1955, §20-19; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-18; am L 1986, c 7, §1 ; am L 2025, c 235, §13 and c 236, §5]
Haw. Rev. Stat. § 150A-16.2 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-16.2
[ §150A-16.
Status: in_force

[ §150A-16.2] Transitional facility license. [Section effective January 1, 2028.] (a) No person shall operate a transitional facility without a transitional facility license and under the terms of a signed compliance agreement.

(b) A person may apply to the department for a transitional facility license. T he application shall be made under oath on forms provided by the department and shall contain information as prescribed by the department, including the following:

(1) The name, business address, telephone number, social security number, and, where applicable, the federal tax identification number of the applicant;

(2) The proposed location of the transitional facility; and

(3) The type of items the transitional facility will hold.

(c) The department shall establish standards for transitional facilities, including:

(1) Standards for construction, maintenance, security, and operation; and

(2) Quarterly inspections; provided that the department may perform periodic random inspections to ensure compliance.

(d) The department may suspend or revoke a transitional facility license if the transitional facility does not satisfy the standards established by the department under subsection (c) or the department determines that the transitional facility is not in compliance under the terms of the compliance agreement. [L 2025, c 236, pt of §26]
Haw. Rev. Stat. § 149A-17 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-17
Sales, permit, and record.
Status: in_force

In addition to licensing requirements applicable to pesticides, every person who sells or distributes restricted use pesticides shall obtain an annual permit from the department. Conditions, procedures, and fees for the permit shall conform to the rules adopted under this section.

All persons permitted to sell restricted use pesticides shall keep records of the individual sales of these pesticides. Records shall be kept at the principal place of business of the permittee for a period specified by the rules and shall be available to the department on request. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1987, c 310, §9]
Haw. Rev. Stat. § 155-5 — HI Code / Division 1 / Title 11 / Chapter 155 / Section 155-5
Loans insured by the department.
Status: in_force

(a) The department of agriculture and biosecurity may insure up to ninety per cent of the principal balance of a loan, plus interest due thereon, made to a qualified farmer, qualified new farmer, or qualified food manufacturer by a private lender who is unable to otherwise lend the applicant sufficient funds at reasonable rates; provided that at no time shall the aggregate amount of the State's liability, contingent or otherwise, on loans insured under this section and section 155-6 exceed $10,000,000.

(b) Loans insured under this section shall be limited by the provisions of sections 155-9 through 155-13 for purposes of class "A" through class "I"; provided that class "E" loans to food manufacturers shall not be subject to section 155-10.

(c) Interest charged on an insured loan made under the provisions of this section shall be determined by the department of agriculture and biosecurity based on the market rate of interest charged by the private lender for similar type of loan.

(d) When the application for an insured loan has been approved by the department, the department shall issue to the lender a guaranty for that percentage of the loan on which it insures payment of principal and interest. The lender shall collect all payments from the borrower and otherwise service the loan.

(e) In return for the department's guaranty, the lender shall remit a one-time insurance fee of two per cent on the principal amount of the insured portion of the loan, at the time the loan is booked, except for the following:

(1) On loans of $75,000 or less with a maturity exceeding twelve months, a reduced fee of one per cent; and

(2) On all guaranteed loans with a maturity of twelve months or less, a reduced fee of one per cent;

shall be paid.

This fee may be paid by the borrower as a cost for the loan.

(f) When any installment of principal and interest has been due for sixty days and has not been paid by the borrower, the department shall issue, on request of the lender, a check for the percentage of the overdue payment guaranteed, thereby acquiring a division of interest in the collateral pledged by the borrower in proportion to the amount of the payment. The department shall be reimbursed for any amounts so paid plus the applicable interest rate, where payment is collected from the borrower.

(g) Under conditions specified in regulations of the department, the lender may request that a portion or all of the guaranteed percentage of the principal balance of the loan be converted to a participating share held by the department subject to section 155-6.

(h) Should the lender deem that foreclosure proceedings are necessary to collect moneys due from the borrower, it shall so notify the department. Within thirty days of the notification, the department may elect to request an assignment of the loan on payment in full to the lender of the principal balance and interest due. Foreclosure proceedings shall be held in abeyance in the interim.

(i) The lender may reduce the percentage of the principal balance insured under this section at any time. [L 1959, c 278, pt of §1; am L Sp 1959 2d, c 1, §25; am L 1961, c 104, §1(c), (d), (e) and c 132, §2; Supp, §102-5; HRS §155-5; am L 1968, c 53, §3; am L 1976, c 234, §1; am L 1979, c 222, §5; am L 1989, c 222, §1; am L 1995, c 79, §1; am L 2000, c 51, §5; am L 2015, c 155, §3 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 142-8 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-8
Notification of arrival.
Status: in_force

(a) The captain of any vessel or aircraft transporting any live animal to any port in the State shall immediately upon arrival in the State notify the department of agriculture and biosecurity. No animal so transported, nor any portion of the food or water nor any effects connected therewith or provided for the animal's use during transit, shall be removed from the wharf or airport until the department of agriculture and biosecurity has inspected and passed the same. The department of agriculture and biosecurity, at the owner's or shipper's expense, may require that the animal be moved to a more suitable location for inspection.

(b) A person who violates this section shall be guilty of a misdemeanor. [L 1882, c 34, §3; am L 1884, c 29, §1; RL 1925, §614; RL 1935, §209; RL 1945, §1059; RL 1955, §20-9; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-8; am L 1986, c 266, §1 ; am L 2025, c 235, §11 and c 236, §17]
Haw. Rev. Stat. § 155-5.6 — HI Code / Division 1 / Title 11 / Chapter 155 / Section 155-5.6
Loan guaranty; important agricultural lands; agricultural and aquacultural loans.
Status: in_force

(a) From July 1, 2009, the chairperson of the board of agriculture and biosecurity may guarantee loans made by commercial lenders authorized to do business in this State, to agricultural producers for the purpose of developing and implementing agricultural projects; provided that the chairperson of the board of agriculture and biosecurity shall determine that:

(1) The agricultural projects are located on lands designated as important agricultural lands pursuant to part III of chapter 205; and

(2) The commercial lender has completed its due diligence in approving the loan, including ensuring adequate collateral.

The chairperson of the board of agriculture and biosecurity may impose other conditions that the chairperson deems reasonable to implement the loan guaranty.

(b) In addition to the conditions that the chairperson of the board of agriculture and biosecurity may impose under subsection (a), any loan guaranty made pursuant to this section shall meet the following conditions:

(1) For any loan that finances operating costs, the maximum term of the loan shall be ten years;

(2) For any loan that finances capital improvement costs, the maximum term of the loan shall be twenty years;

(3) The interest rate charged on any loan shall be one per cent below the commercial lender's prime rate for as long as the loan guaranty is in effect;

(4) The loan guaranty may be up to eighty-five per cent of the outstanding principal amount of any single loan, but shall not include any fees or accrued interest associated with the loan or its collection; and

(5) The total principal amount of the guaranteed portion of all loans outstanding at any time shall not exceed $2,500,000.

(c) The department of agriculture and biosecurity may adopt rules pursuant to chapter 91 to effectuate this section.

(d) As used in this section:

"Agricultural producer" means a farmer, cooperative association, or landowner who derives at least fifty per cent of its gross income from agricultural or aquacultural activities.

"Agricultural project" means a project relating to agricultural or aquacultural operations or capital improvements. [L 2008, c 233, §8 ; am L 2025, c 236, §§17, 18]
Haw. Rev. Stat. § 161-52 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-52
Failure to obey summons.
Status: in_force

(a) Any person who fails to appear at the place and time specified in the citation and summons issued to that person by the division head or the division head's designee upon the person's citation for violation of the poultry inspection laws or rules shall be guilty of a misdemeanor and, upon conviction, fined not more than $500 or imprisoned not more than six months, or both.

(b) If any person fails to comply with a citation and summons issued to that person, the division head or the division head's designee shall cause a complaint to be entered against the person and secure the issuance of a warrant for that person's arrest.

(c) When a complaint is made to any prosecuting officer of the violation of any provision of this chapter or any rule adopted thereunder, the division head or the division head's designee who issued the complaint and summons shall subscribe to it under oath. [L 1986, c 207, pt of §1]
Haw. Rev. Stat. § 147-9 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-9
Certificate as evidence.
Status: in_force

Any certificate made by an inspector pursuant to section 147-7 or any written finding of the board of agriculture and biosecurity pursuant to section 147-8 shall be admissible in evidence in all courts of the State as presumptive evidence of all facts and matters therein stated.
Haw. Rev. Stat. § 141-56 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-56
Brood stock acquisition; exclusive property rights.
Status: in_force

The cultured progeny of wild plants and animals lawfully obtained by brood stock acquisition are the exclusive property of the person who cultured them or that person's successor in interest.
Haw. Rev. Stat. § 147-25 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-25
Duties of department; violations; proceedings; penalties.
Status: in_force

(a) The department shall administer and enforce the provisions of this part and rules adopted thereunder.

(b) In respect of violations or complaints of violation of this part or rules adopted by the department pursuant thereto, the department shall have all the rights and powers conferred upon it by section 147-2, with respect to violations or complaints of violation of part I or rules adopted by the department pursuant thereto; and all remedies, procedures, or actions contained in section 147-2 for violations or complaints of violation of part I or rules adopted by the department thereunder, shall be severally and respectively conferred, granted, practiced, and exercised for violations or complaints of violation of the provisions of this part or rules adopted by the department pursuant thereto. [L 1955, c 258, §7; RL 1955, §22-25; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-25; am L 1983, c 257, pt of §5]
Haw. Rev. Stat. § 144-13 — HI Code / Division 1 / Title 11 / Chapter 144 / Section 144-13
Cooperation with other entities.
Status: in_force

The department may cooperate with and enter into agreements with governmental agencies of this State, other states, agencies of the federal government, and private associations to carry out the purpose and provisions of this chapter.
Haw. Rev. Stat. § 161-13 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-13
Application for a license.
Status: in_force

The board may issue licenses to poultry slaughterhouses and poultry processing establishments having certificates of sanitation issued under section 161-11. An applicant for an original or renewal license to operate as a poultry slaughterhouse operator or poultry processor shall file an application upon a form prepared by the board, containing such information which the board deems necessary for the administration of this chapter.

The license year shall be from July 1 to the following June 30. All applications for renewal of licenses must be made at least thirty days before the commencement of the license year. [L 1969, c 212, §9]
Haw. Rev. Stat. § 147-57 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-57
Department, rules and regulations, contracts, cooperation, fees.
Status: in_force

The department of agriculture and biosecurity, in addition to powers granted by this part or any other law, shall have all powers necessary or convenient to carry out and effectuate this part, including the following:

(1) To prescribe rules and regulations, not inconsistent with this part, respecting: the standards for grading and classifying, and the grades, standards, and classification for, food products; the inspection, grading, and classification of food products; the determination and certification of the grade, classification, quality, and condition of food products and such other pertinent facts as the department may deem advisable; the licensing of inspectors, graders, and samplers and the duties of such inspectors, graders, and samplers; methods of test, analysis, and examination in determining the grade, classification, quality, and condition of food products; the official word or words, figure, or letter to indicate official grade or standards of quality or condition of food products; the design, form, and use of official labels and statements for use on packages or containers of products inspected, graded, classified, and certified under this part; and continuous factory inspection, grading, classification, and certification of food products;

(2) To contract with the United States Department of Agriculture for the services of an inspector or inspectors employed by the department and the establishment of a cooperative inspection service with the United States government;

(3) To cooperate with the United States or any department thereof, in accomplishing the matters or things provided for herein; and

(4) To fix, assess, and collect, or cause to be collected, fees for inspecting or classifying food products, such fees to be on a uniform basis in an amount reasonably necessary to cover, as nearly as may be, the cost of the inspection and the administration of this part; provided that the department may adjust the fees to be collected hereunder to meet the expenses necessary to carry out the provisions hereof and may prescribe a different scale of fees for different localities; provided further that the department may prescribe a reasonable charge for traveling expenses and services. Charges for continuous factory inspection and grading may be fixed, assessed, and collected on such contract basis as will reimburse the State for the salary and all expenses of the factory inspector or grader, to which shall be added an appropriate percentage of charges assessed to cover, as nearly as practicable, administrative overhead expense. [L 1947, c 195, §7; RL 1955, §22-46; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-57; am L 2025, c 236, §9]
Haw. Rev. Stat. § 150A-6.4 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-6.4
Permit and other import document issuance; requirements.
Status: in_force

Except as otherwise provided in this part, all permits, letters of authorization, or registrations referenced in sections 150A-6 through 150A-6.3 shall be issued pursuant to rules. Any violation of conditions listed on the permits, letters of authorization, or registrations shall be a violation of this chapter.
Haw. Rev. Stat. § 155-8 — HI Code / Division 1 / Title 11 / Chapter 155 / Section 155-8
Direct loans.
Status: in_force

(a) The department of agriculture and biosecurity may make loans directly to qualified farmers, qualified new farmers, or qualified food manufacturers who are unable to obtain sufficient funds at reasonable rates from private lenders either independently or under sections 155-5, 155-5.5, and 155-6.

(b) Loans made under this section shall be limited by sections 155-9 to 155-13; provided that class "E" loans to food manufacturers shall not be subject to [section] 155-10.

(c) Loans made under this section shall bear simple interest on the unpaid principal balance, charged on the actual amount disbursed to the borrower. The interest rate on loans of class "A", "B", "C", "E", "G", and "J" shall be at a rate of four per cent a year. The interest rate of class "D", "F", "H", "I", and "K" loans shall be three per cent a year. If the money loaned is borrowed by the department, then the interest on loans of the classes shall be the rate as determined above or one per cent over the cost to the State of borrowing the money, whichever is greater. Interest on loans made under this chapter shall not be less than three per cent a year.

(d) For loans made under this section, funds shall be disbursed in accordance with regulations of the department. [L 1959, c 278, pt of §1; am L Sp 1959 2d, c 1, §25; am L 1961, c 104, §1(j) and c 132, §2; Supp, §102-8; HRS §155-8; am L 1968, c 53, §6; am L 1972, c 87, §2; am L Sp 1977 1st, c 19, §1; am L 1979, c 222, §6; am L 1989, c 222, §3 and c 317, §2; am L 1990, c 259, §2; am L 1997, c 258, §4; am L 2000, c 51, §9; am L 2008, c 209, §3; am L 2011, c 184, §4; am L 2015, c 155, §6 ; am L 2025, c 69, §4 and c 236, §17]
Haw. Rev. Stat. § 150A-7.5 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-7.5
User fees.
Status: in_force

Fees may be assessed for the processing and issuance of permits issued by the department under this part, for inspections related to permit conditions, and for the registration of microbial products containing certain strains of microorganisms, as established by rule.
Haw. Rev. Stat. § 141-3.5 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-3.5
Control or eradication programs.
Status: in_force

(a) The department of agriculture and biosecurity shall develop and implement a detailed control or eradication program for any pest designated in section 141-3, using the best available technology in a manner consistent with state and federal law.

(b) The department of agriculture and biosecurity shall:

(1) Lead and coordinate the State's invasive pest control and eradication biosecurity efforts;

(2) Engage in memorandums of understanding with interagency partners and private organizations;

(3) Approve of memorandums of understanding with submitted working plans to execute control and eradication programs; and

(4) Include in its annual report to the legislature pursuant to section 150A-57 any memorandums of understanding and partnerships pursuant to paragraphs (2) and (3) to advance the State's invasive pest control and eradication biosecurity efforts.

(c) For any pest designated by emergency rule as provided in section 141-3, the department of agriculture and biosecurity shall implement an emergency program using the best available technology in a manner consistent with state and federal law.

(d) The department of agriculture and biosecurity:

(1) In conjunction with the department of land and natural resources; department of health; department of transportation; department of business, economic development, and tourism; university of Hawaii system; or state and privately organized agencies and programs, as applicable, shall identify best practices for the treatment of pests designated in section 141-3;

(2) Shall post on its website infestation updates and data, including real-time geographic information system map data, and best practices identified for the treatment of pests designated in section 141-3, as prioritized by the department. No later than December 1, 2025, the department shall establish a pest dashboard to provide real-time data and information for treatment areas of pests designated in section 141-3 to the public. The dashboard shall be updated regularly and be hosted and managed by the department;

(3) Shall, along with contracted parties, document past responses in the department's geographic information system database; provided that the information shall include date, location, names of individual participants, organization, activities performed, and presence and absence of pests; provided further that the disclosure of information shall be under the jurisdiction of the department; and

(4) Shall, along with contracted parties, provide notice to the department's pesticides branch prior to usage of pesticides in the course of controlling pests. Upon receipt of notification, pesticide inspectors may perform random inspections to ensure compliance with pesticide laws and regulations. The department of agriculture and biosecurity, department of land and natural resources, and contracted parties pursuant to section 150A-58 shall regularly and timely post treatment area information to the pest dashboard.

(e) Any state department, agency, political subdivision, or contracted party pursuant to section 150A-58 that does not provide information for the pest dashboard in compliance with this section shall not receive or expend public funds. The deputy chairperson for biosecurity shall be responsible for ensuring compliance with this section. [L 1989, c 267, pt of §1; am L 2020, c 32, §2; am L 2024, c 231, §2; am L 2025, c 236, §35]
Haw. Rev. Stat. § 159-22 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-22
Post-mortem inspection; reinspection.
Status: in_force

The board shall cause to be made post-mortem examination and inspection of the carcasses and parts thereof of all cattle, sheep, swine, goats, horses, mules, and other equines, capable of use as human food, to be prepared at any slaughtering, meat-canning, salting, packing, rendering, or similar establishment in this State in which the meat or meat products are prepared solely for intrastate commerce; and the carcasses and parts thereof of all the animals found to be unadulterated shall be marked, stamped, tagged, or labeled, as "Hawaii Inspected and Passed"; and the inspector shall label, mark, stamp, or tag as "Hawaii Inspected and Condemned", all carcasses and parts thereof of animals 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 the inspector from the establishment which fails to destroy any such condemned carcass or part thereof. The inspector, after any inspection shall, when the inspector deems it necessary, reinspect any carcasses or parts thereof to determine whether since the prior inspection the same shall have become adulterated and if any carcass or any part thereof shall, upon examination and inspection subsequent to the prior 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 destroy any condemned carcass or part thereof.

The foregoing provisions, including those in section 159-21, shall apply to all cattle, sheep, swine, goats, horses, mules, and other equines and to all carcasses or parts of carcasses, meat or meat products thereof, capable of use as human food, which may be brought into any slaughtering, meat-canning, salting, packing, rendering, or similar establishment, where inspection under this part is maintained, and the examination and inspection shall be had before the carcasses or parts thereof shall be allowed to enter into any establishment wherein the same are to be treated and prepared for meat products; and the foregoing provisions shall also apply to all products which, after having been issued from any such slaughtering, meat-canning, salting, packing, rendering, or similar establishment, shall be returned to the same or to any similar establishment where the inspection is maintained. The board may limit the entry of carcasses, part of carcasses, meat or meat products, and other materials into any establishment at which inspection under this part is maintained, under conditions as it may prescribe to assure that allowing the entry of meat or meat products into the inspected establishment will be consistent with the purpose of this chapter.

The board shall cause to be made by veterinarian and inspector appointed for that purpose an examination and inspection of all meat or meat products prepared in any slaughtering, meat-canning, salting, packing, rendering, or similar establishment, where the meat or meat products are prepared only for intrastate commerce and for the purpose of any examination and inspection, the inspector shall have access at all times, by day or night, whether the establishment be operated or not, to every part of the establishment; and the inspector shall mark, stamp, tag, or label as "Hawaii Inspected and Passed" all the products found to be unadulterated; and the inspector shall label, mark, stamp, or tag as "Hawaii Inspected and Condemned" all the products found adulterated, and all condemned meat or meat products shall be destroyed for food purposes, as hereinbefore provided, and the board may withdraw inspection from any establishment which fails to destroy the condemned meat or meat products. [L 1969, c 214, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 142-20 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-20
Premises from which tuberculous cattle removed to be disinfected.
Status: in_force

(a) Any premises where animals affected with tuberculosis have been kept shall be disinfected promptly after the removal of the animals, in a manner satisfactory to the department of agriculture and biosecurity and at the expense of the owner.

(b) Violation of this section shall be a misdemeanor. [L 1923, c 124, §5; RL 1925, §630; RL 1935, §226; RL 1945, §1080; RL 1955, §20-21; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-20 ; am L 2025, c 235, §14 and c 236, §17]
Haw. Rev. Stat. § 150A-13 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-13
Administration of oath.
Status: in_force

When a complaint is made to any prosecuting officer of the violation of the provisions of this chapter or the rules promulgated and adopted pursuant thereto, the inspector who issued the citation and summons shall subscribe to the complaint under oath.
Haw. Rev. Stat. § 165-5 — HI Code / Division 1 / Title 11 / Chapter 165 / Section 165-5
Frivolous lawsuits.
Status: in_force

Any nuisance action, found to be frivolous by the court, in which a farming operation is alleged to be a nuisance as defined in section 165-2, shall be governed by section 607-14.5.
Haw. Rev. Stat. § 142-99 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-99
Lost or rescued animals; penalty.
Status: in_force

(a) Except as otherwise provided in section 143-10, any person who exerts control over a lost animal shall immediately notify the owner of the animal, if known, or an animal control officer of the local humane society chapter of the county in which the animal is found and release the animal to the owner, animal control officer, or humane society chapter. For purposes of this section, "exert control" means any act which constrains an animal including leashing, chaining, or otherwise confining an animal.

(b) Any person who violates this section shall be fined not more than $500. [L 1991, c 226, §1]
Haw. Rev. Stat. § 142-93 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-93
Harboring mongoose; penalty.
Status: in_force

Any person harboring, feeding, or in any way caring for a mongoose, except upon and according to the terms of a written permit that may be granted 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, shall be guilty of a misdemeanor.
Haw. Rev. Stat. § 168-3 — HI Code / Division 1 / Title 11 / Chapter 168 / Section 168-3
Funds.
Status: in_force

The board of agriculture and biosecurity shall pay all receipts and revenues received by it from the operation of an irrigation and water utilization system into the irrigation system revolving fund established under section 167-22. The fund shall be used and expended for the following purposes:

(1) Payment of the operating and maintenance costs of the system;

(2) Repairs, replacements, additions, and extensions;

(3) Reimbursement to the State the amount of any principal or interest due upon any bond issue under this chapter. [L 1987, c 306, pt of §2 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 142-65 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-65
On uncultivated land.
Status: in_force

If any of the animals mentioned in section 142-63 trespasses on any properly fenced uncultivated land, the owner of the animals shall pay upon proof, the full amount of the damage or loss to the landowner or to any person in possession of the land, whoever suffers the damage or loss.
Haw. Rev. Stat. § 145D-1 — HI Code / Division 1 / Title 11 / Chapter 145D / Section 145D-1
Definitions.
Status: in_force

Whenever used in this chapter unless the context otherwise requires:

"Charitable, religious, or nonprofit organization" means any organization which was organized and is operating in the State for charitable or religious purposes or to promote social welfare, which is exempt from income taxation under chapter 235, and which distributes food products at no cost to needy persons.

"Donor" means any person, partnership, corporation, company, or association engaged in the farming, processing, distribution, wholesaling, or retailing of food products who donates such products, without remuneration, to a charitable, religious, or nonprofit organization.

"Food product" means any fowl, seafood, animal, vegetable, or other stuff, product, or article which is customary food fit for human consumption, including prepared, canned, milk, dairy, and farm products, before or after the expiration date stamped on the products, if any.

"Needy person" means any person who lacks adequate or proper means of subsistence. [L 1982, c 260, pt of §2; am L 1990, c 55, §1]
Haw. Rev. Stat. § 166E-7 — HI Code / Division 1 / Title 11 / Chapter 166E / Section 166E-7
Non-agricultural park lands special fund; established.
Status: in_force

(a) There is established in the state treasury the non-agricultural park lands special fund, into which shall be deposited:

(1) Legislative appropriations to the fund; and

(2) All lease rent, fees, penalties, and any other revenue or funds collected from non-agricultural park lands that are transferred, or in the process of being transferred, to the department under this chapter.

(b) Moneys in the special fund shall be used to defray the costs incurred in managing, administering, and overseeing non-agricultural park lands that are transferred, or in the process of being transferred, to the department under this chapter.

(c) The department shall administer the non-agricultural park lands special fund. [L 2005, c 234, §1]
Haw. Rev. Stat. § 142-32 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-32
[ §142-32] Administrative penalties.
Status: in_force

[ §142-32] Administrative penalties. (a) Except as otherwise provided by law, the department of agriculture [and biosecurity] may set, charge, and collect administrative fines, fees, and costs for any violation of this chapter for which a penalty is not otherwise provided, including attorneys' fees and costs, or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of this chapter or any rule adopted thereunder.

(b) For any administrative violation of this chapter or any rule adopted thereunder, unless provided otherwise by law, the fine shall be as follows:

(1) For a first violation, or any violation not preceded within a five-year period for the same violation, a fine of not more than $200;

(2) For a second violation within five years of a previous violation, a fine of not more than $500; and

(3) For a third or subsequent violation within five years of a previous violation, a fine of not more than $1,000.

Each day or instance of violation shall constitute a separate violation.

(c) The board of agriculture [and biosecurity] may impose applicable fines by order in addition to any other administrative or judicial remedy provided by this chapter or any rule adopted thereunder.

(d) For any judicial proceeding to recover a fine, fee, or cost imposed under this section, the chairperson of the board of agriculture [and biosecurity] need only show that:

(1) Notice was given and a hearing was held or the time granted for requesting a hearing has expired without receiving a request;

(2) The fine, fee, or cost was imposed; and

(3) The fine, fee, or cost remains unpaid.

(e) In addition to any other administrative or judicial remedy provided in this chapter or any rule adopted thereunder, the department of agriculture [and biosecurity] may impound, seize, confiscate, destroy, quarantine, sell, auction, or dispose of any animal, animal product, container, crate, or any other item under the jurisdiction of this chapter in the best interest of the State.

(f) Any criminal action against a person for any violation of this chapter or any rule adopted thereunder shall not preclude the State from pursuing civil legal action to recover administrative fines, fees, or costs or damages against the person. Any civil legal action to recover administrative fines, fees, or costs or damages for a violation of this chapter or any rule adopted thereunder shall not preclude the State from pursuing any appropriate criminal action against that person. Unless otherwise provided, all fines, fees, costs, and damages recovered by the department of agriculture [and biosecurity] pursuant to this section shall be deposited in the animal industry special fund established under section 142-3.6. [L 2025, c 235, pt of §5]
Haw. Rev. Stat. § 142-23.1 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-23.1
Hog cholera eradication; indemnity.
Status: in_force

When swine are destroyed by the state veterinarian as being infected with hog cholera, or when noninfected swine are ordered destroyed to depopulate an infected herd in accordance with procedures adopted in the national hog cholera eradication program, the department of agriculture and biosecurity may indemnify the owners of such swine; provided that the amount of the indemnity shall not exceed fifty per cent of the difference between the appraised value and the salvage value of the slaughtered swine; and provided further that in no case shall the amount exceed the maximum amount authorized to be paid for such swine by the federal government.

No indemnification shall be paid when the state veterinarian finds that (1) the owner has not cooperated with the department in complying with all rules and regulations issued by the department relative to the control and eradication of hog cholera; or (2) the swine died of hog cholera prior to the first report by the owner to the state veterinarian of the existence of a disease in the herd. The determination of the state veterinarian that no indemnification be paid the owner for the destruction of the owner's swine, may be appealed by the owner to the board of agriculture and biosecurity within twenty days after notice of such determination is sent to the owner. The board shall hold a hearing in accordance with chapter 91.

Valuation may be determined by agreement in writing between the owner and the state veterinarian, the state veterinarian's assistant or deputy making the diagnosis of hog cholera, subject to approval by the board. In the event agreement on valuation cannot be so reached, valuation shall be determined by a board of appraisers consisting of a disinterested citizen appointed by the chairperson of the board of agriculture and biosecurity, a person selected by the owner, and a third person selected by the two initially selected appraisers. The board of appraisers shall appraise the value of the destroyed swine and the decision of a majority of the board of appraisers shall be final and binding.

All valuation of swine under this section, whether by agreement or by the board of appraisers, shall be based upon the market value of the swine so destroyed as of the date of appraisal, whether for breeding or feeding purposes.

Compensation for the board of appraisers shall be the amount of the state per diem and necessary travel expenses, which compensation shall be paid by the owner if the board of appraisers does not increase the valuation made by the state veterinarian, the state veterinarian's assistant or deputy, with the approval of the board of agriculture and biosecurity; otherwise, it shall be paid by the department.

When the amount of indemnification has been agreed to or decided by the board of appraisers, the owner shall present to the state comptroller a claim against the State therefor. A warrant for the payment of such claim shall be issued upon vouchers approved by the chairperson of the board and supported by the inspector's report. [L 1969, c 165, §2; am L 1970, c 39, §1; gen ch 1993 ; am L 2025, c 236, §§17, 18]
Haw. Rev. Stat. § 150A-47 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-47
Penalties.
Status: in_force

In addition to penalties that may be applicable under section 150A-14, certified importers are subject to penalties as follows:

(1) A certified importer who violates any of the foregoing sections in this part shall be guilty of a petty misdemeanor and, notwithstanding section 706-640, shall be subject to a fine of not less than $1,000 and not more than $10,000; and

(2) A certified importer who intentionally imports a microorganism not allowed by the importer's certification with the intent to propagate, sell, or release the microorganism shall be guilty of a class C felony and, notwithstanding section 706-640, shall be subject to a fine of not less than $50,000 but not more than $500,000. [L 1999, c 177, pt of §1]
Haw. Rev. Stat. § 147-37 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-37
Duties of department; violations; proceedings; penalties.
Status: in_force

(a) It shall be the duty of the department to administer and enforce the provisions of this part and rules promulgated thereunder.

(b) In respect of violations or complaints of violation of this part or rules adopted by the department pursuant thereto, the department shall have all the rights and powers conferred upon it by section 147-2, with respect to violations or complaints of violation of part I or rules adopted by the department pursuant thereto; and all remedies, procedures, or actions contained in section 147-2 for violations or complaints of violation of part I or rules adopted by the department thereunder, shall be severally and respectively conferred, granted, practiced, and exercised for violations or complaints of violation of the provisions of this part or rules adopted by the department pursuant thereto. [L 1959, c 267, pt of §2; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; am L 1963, c 114, §1 and c 193, §11; Supp, §22-26.8; HRS §147-37; am L 1983, c 257, §7]
Haw. Rev. Stat. § 142-44 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-44
Owners of unbranded animals.
Status: in_force

All cattle, horses, mules, donkeys, sheep, goats, and swine, over twelve months of age, not marked or branded, which may be running wild at any time on any lands in the State, shall belong to and be the property of the owners or lessees of the lands on which the animals are then running.
Haw. Rev. Stat. § 143-13 — HI Code / Division 1 / Title 11 / Chapter 143 / Section 143-13
Destruction of diseased or unfit dogs.
Status: in_force

All dogs taken into the custody of the animal control officer which by reason of age, disease, or other causes, are unfit for further use or are dangerous to keep impounded, may be forthwith humanely destroyed by the animal control officer.
Haw. Rev. Stat. § 163D-7 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-7
Agricultural projects; agricultural development plans.
Status: in_force

(a) The corporation may develop and implement agricultural projects where large tracts of agricultural land have been or will be taken out of productive agriculture or where, through detailed analysis, opportunities exist to exploit potential local, national, and international markets.

(b) The corporation may initiate and coordinate the preparation of business and agricultural development plans for its projects. The plans shall include a proposal for the organization of the enterprise, a marketing information and strategy, the impact on existing agricultural operations throughout the State, and a recommendation for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any infrastructure or accessory facilities in connection with any project.

(c) The corporation may enter into cooperative agreements with coordinating entrepreneurs or public agencies when the powers, services, and capabilities of the persons or agencies are deemed necessary and appropriate for the development and implementation of the business and agricultural development plans.

(d) The corporation may purchase, accept, and maintain permanent conservation easements, or transfer these easements to a qualified land trust in accordance with the federal Natural Resources Conservation Service farm and ranch lands protection program.

(e) Notwithstanding any provision of this chapter to the contrary, when leasing corporation-controlled agricultural land, the corporation may contract with a financial institution chartered under chapter 412 or a federal financial institution, as defined under section 412:1-109, that transacts business in this State to provide lease management services. For the purposes of this subsection, "lease management services" includes the collection of lease rent and any other moneys owed to the corporation related to the lease of agricultural land under the corporation's control.

(f) The agricultural planning activities of the corporation shall be coordinated with the county planning departments and the county land use plans, policies, and ordinances.

(g) The corporation may amend the business and agricultural development plans as may be necessary.

(h) Any undertaking by the corporation pursuant to this chapter shall be with the express written consent of the landowner or landowners directly affected. [L 1994, c 264, pt of §1; am L 2008, c 234, §2]
Haw. Rev. Stat. § 161-42 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-42
Refusal and withdrawal of inspection.
Status: in_force

The board may, for such period, or indefinitely, as it deems necessary to effectuate the purposes of this chapter, refuse to provide, or withdraw, inspection service under this chapter with respect to any establishment if it determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, the service, that the applicant or recipient is unfit to engage in any business requiring inspection under this chapter because the applicant or recipient, or anyone responsibly connected with the applicant or recipient, has been convicted, in any federal or state court, of (1) any felony, or (2) more than one violation under any law, based upon the acquiring, handling, or distributing of adulterated, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food. This section shall not affect in any way other provisions of this chapter for withdrawal of inspection services from establishments failing to maintain sanitary conditions or to destroy condemned carcasses, poultry or poultry products.

For the purpose of this section a person shall be deemed to be responsibly connected with the business if the person was a partner, officer, director, holder, or owner of ten per cent or more of its voting stock or employee in a managerial or executive capacity. The determination and order of the board with respect thereto under this section shall be final and conclusive unless the affected applicant for, or recipient of, inspection service files application for judicial review within thirty days after the effective date of such order in the appropriate court as provided in part VII. Judicial review of any such order shall be upon the record upon which the determination and order are based. [L 1969, c 212, §28; gen ch 1985]
Haw. Rev. Stat. § 145-13 — HI Code / Division 1 / Title 11 / Chapter 145 / Section 145-13
Remedies and penalties not exclusive.
Status: in_force

The penalties and remedies provided in this chapter with respect to any violation of this chapter shall not be deemed exclusive of each other or of any other civil or criminal rights, remedies, or penalties provided or allowed by law with respect to any such violation.
Haw. Rev. Stat. § 145-3 — HI Code / Division 1 / Title 11 / Chapter 145 / Section 145-3
Records.
Status: in_force

Every produce dealer shall keep a record of each lot, shipment, or consignment of farm produce received or taken by the produce dealer, which shall be in such form and in such detail as may be prescribed by the department of agriculture and biosecurity.
Haw. Rev. Stat. § 146-23 — HI Code / Division 1 / Title 11 / Chapter 146 / Section 146-23
Duty of vendor of butchered beef to disclose identity of person from whom obtained.
Status: in_force

It shall be the duty of every vendor of butchered beef to know and truthfully state to any inquirer the name and residence of the person from whom the vendor obtained the beef which the vendor has for sale.
Haw. Rev. Stat. § 147-125 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-125
Rules.
Status: in_force

The department shall have the necessary powers to carry out and effectuate the purposes of this part, and, subject to chapter 91, may adopt rules with respect to:

(1) Standards for grades, genetic purity, identity, quality, and condition of seed;

(2) Procedures for certifying seed; and

(3) Other matters necessary to carry out the purposes of this part. [L 2003, c 49, pt of §1]
Haw. Rev. Stat. § 149A-26 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-26
Post-application reporting of pesticide use.
Status: in_force

(a) Beginning January 1, 2019, every user of restricted use pesticides shall be subject to the requirement to submit to the department, for departmental use, an annual report of all use of restricted use pesticides as provided in this section.

(b) No later than thirty days following the end of each calendar year, every entity that uses restricted use pesticides shall provide to the department a report of all restricted use pesticides used during the preceding calendar year.

(c) The department shall adopt rules pursuant to chapter 91 requiring that the annual reports include the following information:

(1) A listing, by federal and state registrations or permit numbers, commercial product names, and active ingredients, of all restricted use pesticides used;

(2) The total quantities used for each restricted use pesticide;

(3) A general description of the geographic location, including, at a minimum, the tax map key number, at which the restricted use pesticides were used; and

(4) The date on which the restricted use pesticide application occurred. [L 2018, c 45, pt of §1]
Haw. Rev. Stat. § 166E-8 — HI Code / Division 1 / Title 11 / Chapter 166E / Section 166E-8
Disposition.
Status: in_force

(a) Any provision of this chapter to the contrary notwithstanding, the department may dispose of:

(1) Public lands and related facilities set aside and designated for use pursuant to this chapter; and

(2) Other lands and facilities under the jurisdiction of the department pursuant to section 166E-9 and notwithstanding chapter 171,

by negotiation, drawing of lot, conversion, or public auction.

Except as provided by subsection (d), the department shall dispose of public lands by lease.

(b) In all dispositions, the department shall be subject to the requirements set forth in rules adopted by the board consistent with section 166E-6 and subject to the following:

(1) All land and facilities shall be disposed of for purposes of agricultural or aquacultural activities only;

(2) Each lessee shall derive a major portion of the lessee's total annual income earned from the lessee's activities on the premises; provided that this restriction shall not apply if:

(A) Failure to meet the restriction results from mental or physical disability or the loss of a spouse; or

(B) The premises are fully used in the production of crops or products for which the disposition was granted;

(3) The lessee shall comply with all federal and state laws regarding environmental quality control;

(4) The board shall:

(A) Determine the specific uses for which the disposition is intended;

(B) Parcel the land into minimum size economic units sufficient for the intended uses;

(C) Make, or require the lessee to make, improvements that are required to achieve the intended uses;

(D) Set the upset price or lease rent based upon an appraised evaluation of the property value, adjustable to the specified use of the lot;

(E) Set the term of the lease that shall be not less than fifteen years nor more than sixty-five years, including any extension granted for mortgage lending or guarantee purposes; and

(F) Establish other terms and conditions it deems necessary, including but not limited to restrictions against alienation and provisions for withdrawal by the board; and

(5) Any transferee, assignee, or sublessee of a non-agricultural park lease shall first qualify as an applicant under this chapter. For the purpose of this paragraph, any transfer, assignment, sale, or other disposition of any interest, excluding a security interest, by any legal entity that holds a non-agricultural park lease shall be treated as a transfer of the non-agricultural park lease and shall be subject to the approval of the board and to reasonable terms and conditions, consistent with this chapter or rules of the board that the board may deem necessary. No transfer shall be approved by the board if the disposition of the stock or assets or other interest of the legal entity would result in the failure of the entity to qualify for a non-agricultural park land lease.

(c) After notice of the breach or default as provided in rules adopted by the board consistent with section 166E-6, a violation of any provision in this section shall be cause for the board to cancel the lease and take possession of the land.

(d) The board may issue easements, licenses, permits, and rights-of-entry for uses that are consistent with the purposes for which the lands were set aside or are otherwise subject to the authority of the department pursuant to section 166E-9. [L 2006, c 157, pt of §1]
Haw. Rev. Stat. § 157-32 — HI Code / Division 1 / Title 11 / Chapter 157 / Section 157-32
Standards to determine minimum prices.
Status: in_force

(a) As a guide to determining the minimum prices of milk to be paid to producers and producer-distributors, the board shall take into consideration the following items based on the operations of a reasonably efficient producer:

(1) The price to producers necessary to assure the production of an adequate supply of wholesome milk for the market.

(2) The price necessary to return to the producer, the producer's cost of production, plus a fair return on the producer's invested capital, the producer's family labor and the producer's management skills.

(3) The costs incurred in obtaining, feeding, managing and maintaining dairy animals at optimum production capacity.

(4) The prevailing wages and perquisites of employees.

(5) The ordinary fixed charges and operating expenses incident to the ownership, operation and management of the dairy.

(b) In establishing minimum prices for milk under this chapter, the board shall further consider the effect thereof on the consumer. [L 1967, c 260, §21; HRS §157-32; ree and am L 1972, c 40, pt of §2; gen ch 1985]
Haw. Rev. Stat. § 149A-35 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-35
Cooperation.
Status: in_force

The department is authorized and empowered to cooperate with and enter into agreements with any agency of the State, the federal government, or any other agency for the purpose of carrying out this chapter. The University of Hawaii cooperative extension service and other educational agencies shall provide educational programs aimed at assisting users and prospective users of pesticides and shall solicit the aid of the department in providing technical assistance and advice on the authorized use of pesticides.
Haw. Rev. Stat. § 145-5 — HI Code / Division 1 / Title 11 / Chapter 145 / Section 145-5
Reports of consignment sales.
Status: in_force

Every commission merchant shall make a written report to the producer for farm produce handled on consignment on behalf of said producer, within the time and manner as may be prescribed by the department. Making a false or incorrect report shall constitute a misdemeanor under section 145-12.
Haw. Rev. Stat. § 159-38 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-38
Registration.
Status: in_force

No person shall engage in business, in or for intrastate commerce, (1) as a meat broker, renderer, or animal food manufacturer, or (2) as a wholesaler of any carcasses, or parts or products of the carcasses, of any cattle, sheep, swine, goats, horses, mules, or other equines, whether intended for human food or other purposes, or (3) as a public warehouse worker storing any meat or meat products in or for commerce, or (4) in buying, selling, or transporting any dead, dying, disabled, or diseased animals of the specified kinds, or parts of the carcasses of any animal that died otherwise than by slaughter, unless the person has registered with the board the person's name, and the address of each place of business at which, and all trade names under which, the person conducts such business.
Haw. Rev. Stat. § 142-9 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-9
Quarantine between islands.
Status: in_force

Live animals passing between the islands of the State may be quarantined as provided by law, at either the port of shipment or of delivery, on good cause shown to the department of agriculture and biosecurity at the port of entry nearest to the port of shipment or delivery.
Haw. Rev. Stat. § 142-73 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-73
Jurisdiction; appeal.
Status: in_force

The judge shall upon receiving the amount claimed, including pound fees, if any, or a good and sufficient bond for the amount, and the costs of the action, issue the required certificate, and at the same time summon the parties to appear before the judge with their witnesses; and after a fair hearing the judge shall decide between them. No appeal shall be allowed from the judge's decision unless taken and perfected within five days after the decision has been rendered. In case of appeal the judge shall send up the costs deposited, and the amount claimed or the bond given in lieu of the amount, to the appellate court together with the certificate of appeal. If it appears on trial that the impounding was illegal, the landowner shall be compelled to pay the pound fees.
Haw. Rev. Stat. § 141-4 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-4
Weights of coffee; rules.
Status: in_force

The department of agriculture and biosecurity may make rules respecting the weighing of coffee prior to its shipment to points outside the State, and providing for the certification of weights thereof. Further, a reasonable schedule of fees to defray the expense of administering this section shall be established by the department, which fees shall be collected and deposited with the state director of finance to the credit of the general fund; provided that the department shall consult the appropriate industries, organizations, and agencies prior to the promulgation of the rules.
Haw. Rev. Stat. § 159-7 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-7
General powers.
Status: repealed

The department, through its board, may:

(1) Regulate, supervise, inspect, and control the slaughtering of animals and the manufacture, processing, transportation, packaging, labeling, and disposal of meat or meat products involved in intrastate commerce;

(2) Adopt, amend, and repeal rules as are necessary to implement this chapter, subject to chapter 91, on the following matters:

(A) The issuance of licenses, including the class of licenses to be issued;

(B) The type of equipment or facilities that may be used in slaughtering and meat processing operations;

(C) The internal operations of slaughterhouses and meat processing establishments;

(D) The procedures for ante-mortem and post-mortem inspections and the reinspection of meat or meat products used in processing, and the disposal of diseased carcasses and parts of carcasses and meat or meat products found to be unwholesome or otherwise unfit for human consumption;

(E) The hours of slaughtering and processing, and the conditions under which slaughtering and processing may be conducted at other than scheduled times;

(F) The labeling and packaging of meat or meat products;

(G) The storing, handling, and transportation of meat or meat products;

(H) The sanitary conditions of all establishments where animals are slaughtered, and where meat or meat products are processed or prepared; and

(I) Any other matter as may be necessary or desirable to implement this chapter. Notwithstanding the foregoing provisions, the board, without regard to the notice and public hearing requirements of chapter 91, may adopt all federal meat inspection regulations, including changes made from time to time by the United States Secretary of Agriculture, as rules for the efficient administration of this chapter. Prior to the effective date of any such rules, the department shall publish in a newspaper of general circulation a notice that includes:

(i) Either a statement of the substance of the proposed rule adoption, amendment, or repeal; or a general description of the subjects involved and the purposes to be achieved by the proposed rule adoption, amendment, or repeal; and

(ii) A statement that a copy of the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed will be mailed to any interested person who requests a copy, together with a description of where and how the requests may be made.

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

(3) Provide for the inspection and certification of meat derived from exotic animals when these services are requested by producers of these products, and obtain from users of these services reimbursement for all costs incurred in the provision of these services. [L 1969, c 214, pt of §1; am L 1990, c 139, §3; am L 1991, c 88, §1; am L 1995, c 90, §2]
Haw. Rev. Stat. § 166E-12 — HI Code / Division 1 / Title 11 / Chapter 166E / Section 166E-12
Policy.
Status: in_force

Notwithstanding chapter 171, disposition of lands set aside for use pursuant to this chapter shall not be subject to the prior approval of the board of land and natural resources.
Haw. Rev. Stat. § 142-24 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-24
§§142-24 to 142-27 REPEALED.
Status: repealed

§§142-24 to 142-27 REPEALED. L 1993, c 280, §8.
Haw. Rev. Stat. § 159-56 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-56
Administration of oath.
Status: in_force

When a complaint is made to any prosecuting officer of the violation of this chapter or the rules adopted pursuant thereto, the division head or the division head's designee who issued the citation and summons shall subscribe to the complaint under oath.
Haw. Rev. Stat. § 148-3 — HI Code / Division 1 / Title 11 / Chapter 148 / Section 148-3
Duties of chairperson; violations; proceedings; penalties.
Status: in_force

The chairperson shall enforce this part and any rule made by the department.

The following penalties and remedies shall apply in instances of violations of this part or the rules issued by the department:

(1) Violation of this part or of any rule issued thereunder is declared a public nuisance and may be enjoined or abated; and

(2) Every person who violates this part or any rule issued thereunder shall, after notice and opportunity for hearing, be fined not less than $50 nor more than $500. Each day a violation continues shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action.

The penalties and remedies prescribed in this part shall be concurrent and alternative with any and all other civil, criminal, or alternative rights, remedies or penalties provided by law. [L 1961, c 73, §3; am L 1963, c 206, §2; Supp, §22C-3; HRS §148-3; am L 1985, c 99, §1; gen ch 1993]
Haw. Rev. Stat. § 141-55 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-55
Powers, duties, and activities of the department.
Status: in_force

(a) The business of aquaculture shall be governed by this part and shall be exempt from any other provisions relating to the harvesting, processing, and marketing of cultured aquatic life.

(b) Except as provided in this part, the business of aquaculture processing, distribution, and marketing shall be administered by the chairperson.

(c) The chairperson may enter into an agreement with the chairperson of the board of land and natural resources for the resolution of any conflict regarding jurisdiction that arises under this part.

(d) Any costs incurred by the department in implementing this part shall be recovered pursuant to this part. [L 2022, c 134, pt of §2]
Haw. Rev. Stat. § 147-79 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-79
Penalties.
Status: in_force

Every person who violates this part shall be fined not more than $1,000 or imprisoned not more than one year, or both.
Haw. Rev. Stat. § 147-72 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-72
Sale of bad eggs.
Status: in_force

No person shall sell, or offer to sell, or expose for sale, any eggs unfit for human food unless they are broken in shell and then denatured so that they cannot be used for human food. For the purposes of this part an egg is deemed unfit for human food if it is addled or moldy, if it contains a black spot, black rot, white rot, or blood ring; if it has an adherent yolk or a bloody or green white (albumen), or if it consists in whole or in part of a filthy, decomposed or putrid substance.
Haw. Rev. Stat. § 142-70 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-70
Expenses, driving, etc.
Status: in_force

In all cases when animals are taken up for trespass, the actual expenses reasonably incurred, which shall include, but not be limited to allowances for employees' wages, equipment cost, transportation cost, feeding cost, cost of advertising notice, and other costs related to the catching, driving and conveying of animals, to be established by ordinance by the councils of the counties of Hawaii, Maui and Kauai and the city and county of Honolulu, in addition to forfeits and damages specified in the preceding sections of this part may be assessed against the owner of the animals.
Haw. Rev. Stat. § 155-3 — HI Code / Division 1 / Title 11 / Chapter 155 / Section 155-3
Restriction.
Status: in_force

Loans authorized by this chapter shall require one credit denial. This requirement shall be waived for new farmer loans for $100,000 or less for farm trainees and recent college graduates with a degree in agriculture. This requirement may also be waived by the board of agriculture and biosecurity for emergency loans. Credit denials may be accepted from any of the following:

(1) Private lenders;

(2) Members of the farm credit system; or

(3) The United States Department of Agriculture. [L 1961, c 104, §2; Supp, §102-3.5; HRS §155-3; am L 1979, c 222, §3; am L 1990, c 259, §1; am L 1997, c 258, §1; am L 1999, c 32, §2; am L 2011, c 184, §3; am L 2013, c 201, §3 ; am L 2025, c 69, §3 and c 236, §18]
Haw. Rev. Stat. § 150A-59 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-59
Biosecurity and pest management plans.
Status: in_force

(a) Any person, including any unit of state or local government, may submit to the board a proposed biosecurity or pest management plan . The proposed biosecurity or pest management plan shall include:

(1) The name of the person or organization submitting the proposed biosecurity or pest management plan;

(2) The organism proposed to be classified as a pest; provided that a proposed biosecurity or pest management plan may encompass a category of organisms proposed to be classified as pests;

(3) A description of the organism's adverse effects;

(4) A description of the region of the proposed plan or whether the proposed plan will be implemented statewide;

(5) The reason for the proposed plan;

(6) Objectives of the proposed plan;

(7) The principal measures to achieve the objectives and alternative measures, if any;

(8) An allocation of the costs, if applicable;

(9) Proposed funding; and

(10) Other information as required by the department.

(b) The board shall review the proposed plan, taking into consideration:

(1) Whether the implementation of the proposed plan is likely to eradicate or effectively manage the organism proposed to be declared a pest;

(2) Whether the proposed plan is inconsistent with any federal or state requirement, activity, or policy;

(3) Any harmful effects of denying the proposed biosecurity or pest management plan;

(4) Whether the benefits of the proposed plan would outweigh the costs; and

(5) Other considerations established by the department.

(c) At a public hearing, the board shall approve the proposed plan, deny the proposed plan, or approve the proposed plan with modifications.

(d) The department may negotiate with the person who submitted the proposed plan or any other person before taking action.

(e) The board shall publish each proposed plan it approves and each proposed plan it approves with modifications. These shall be known as "approved plans".

(f) The department may enter into contracts to implement approved plans.

(g) A pest management plan that was previously disapproved may be resubmitted to the board upon the chairperson's determination that the proposed management plan is significantly different from the previously disapproved request. [L 2025, c 236, pt of §34]
Haw. Rev. Stat. § 166-4 — HI Code / Division 1 / Title 11 / Chapter 166 / Section 166-4
Park development.
Status: in_force

Except as herein provided, the department may develop, on behalf of the State or in partnership with a federal agency, a county, or a private party, agricultural parks which, at the option of the board, shall be exempt from all statutes, ordinances, charter provisions, and rules of any governmental agency relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and the construction of buildings thereon; provided that:

(1) The board finds the agricultural park is consistent with the purpose and intent of this chapter, and meets minimum requirements of health and safety;

(2) The development of the proposed agricultural park does not contravene any safety standards or tariffs approved by the public utilities commission for public utilities;

(3) The legislative body of the county in which the agricultural park is to be situated shall have approved the agricultural park.

(A) The legislative body shall approve or disapprove the agricultural park within forty-five days after the department has submitted the preliminary plans and specifications for the agricultural park to the legislative body. If after the forty-fifth day an agricultural park is not disapproved, it shall be deemed approved by the legislative body.

(B) No action shall be prosecuted or maintained against any county, its officials, or employees, on account of actions taken by them in reviewing, approving, or disapproving the plans and specifications.

(C) The final plans and specifications for the agricultural park shall be deemed approved by the legislative body if the final plans and specifications do not substantially deviate from the preliminary plans and specifications. The final plans and specifications for the project shall constitute the planning, zoning, building, construction, and subdivision standards for that agricultural park. For purposes of sections 501-85 and 502-17, the chairperson of the board of agriculture and biosecurity or the responsible county official may certify maps and plans of lands connected with the agricultural park as having complied with applicable laws and ordinances relating to consolidation and subdivision of lands, and such maps and plans shall be accepted for registration or recordation by the land court and registrar; and

(4) The State shall assume the responsibility of maintaining all roads within the agricultural park if the roads are developed exempt from applicable county ordinances, charter provisions, and rules regarding roads. [L 1986, c 222, pt of §1; am L 1987, c 111, §1; am L 1990, c 52, §1 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 167-12 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-12
Lands included within irrigation projects.
Status: in_force

Except as otherwise expressly permitted in the chapter, lands to be included within an irrigation project shall be only those used or to be used in farming. The number of acres of agricultural and pasture land of each land occupier within the project shall be determined by the board of agriculture and biosecurity and shall not be increased or decreased, nor shall any such land included within a project thereafter be withdrawn, after final determination to construct the project, except in the manner and with the limitations specified in this chapter by redefining the boundaries of a project. The project shall include only such lands as can be adequately irrigated by the quantity of water and facilities to be provided under normal conditions of supply. No land which at the time of formation of the project is irrigated, or is devoted to the cultivation for commercial purposes of sugar, pineapples, coffee, bananas, citrus, papayas, or macadamia nuts, or other horticultural crops, whether or not the land so devoted is irrigated, or is being devoted to an industrial or townsite or other use of greater economic value than agriculture shall be included in the project if the owner of the land (or the land occupier thereof if other than the owner, in the event that the land occupier is legally chargeable with the acreage assessments) shall object in writing to the inclusion. The foregoing provisions of this paragraph shall be applicable to all irrigation projects.

Notwithstanding the limitation expressed in the foregoing paragraph, lands of the State used by the University of Hawaii for experimental farms may be included in irrigation projects, provided the board of regents undertakes the payment of water tolls and acreage assessments and for the purposes of the inclusion the University of Hawaii shall be deemed a land occupier within the meaning of this chapter. Lands within the farms shall be assessed accordingly as the same are of the character of agricultural or pasture lands, as defined in this chapter, although they are used for experimental purposes. The assessments shall not, however, become a lien upon the lands. [L 1987, c 306, pt of §1 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 142-23 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-23
Brucellosis testing; indemnity for slaughtered cattle.
Status: in_force

The department of agriculture and biosecurity may institute and conduct a brucellosis testing program.

The department may pay indemnities to owners of cattle sent to slaughter as reactors to the brucellosis test. The payment shall be in the amount of one-third of the difference between the appraised value of each animal slaughtered and the salvage value thereof to owners of cattle reacting positively to the brucellosis test and sent to slaughter; provided that in no case shall this amount exceed $75 per animal; and provided further that no indemnity shall be paid for steers and spayed heifers. The department shall prescribe and enforce rules under which the amount of indemnification shall be ascertained, pursuant to this section.

The amount of indemnification having been thus ascertained, the owner may present to the state comptroller a claim against the State therefor. A warrant for the payment of the claim shall be made upon vouchers approved by the department and supported by the inspector's report.

The department may take such action that it may deem necessary to further the provisions of this section over any ensuing fiscal period. [L 1957, c 229, §§1-3; am L 1957, c 152, §1; am L Sp 1959 1st, c 13, §2; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §20-22.8; HRS §142-23 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 142-7 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-7
Breeding in quarantine prohibited.
Status: in_force

The use of any animal for breeding purposes while the animal is quarantined is prohibited, except that the department of agriculture and biosecurity may, with the written permission of the owner and under rules adopted by the department, permit the collection of semen from the male animal or the artificial insemination of the female animal while in quarantine by a licensed veterinarian under the supervision of an agent of the department.
Haw. Rev. Stat. § 161-26 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-26
Forgery of mark, brand, or label.
Status: in_force

(a) No brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the board.

(b) No person shall:

(1) Forge any official device, mark, or certificate;

(2) Without authorization from the board, use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate;

(3) Contrary to the regulations prescribed by the board, fail to use, or to detach, deface, or destroy any official device, mark, or certificate;

(4) Knowingly possess, without promptly notifying the board or its representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any poultry or poultry product bearing any counterfeit, simulated, forged, or improperly altered official mark;

(5) Knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the board; or

(6) Knowingly represent that any poultry or poultry product has been inspected and passed, or exempted, under this chapter when, in fact, it has, respectively, not been so inspected and passed, or exempted. [L 1969, c 212, §18]
Haw. Rev. Stat. § 150A-42 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-42
Certificate.
Status: in_force

(a) An importer requesting a certificate under this part shall complete and submit an application to the department providing information as required by rule.

(b) Fees may be assessed for the processing and issuance of a certificate and for inspections related to the certificate, as established by rule and shall be deposited into the pest inspection, quarantine, and eradication fund. Fees may vary according to the type of certification issued and the costs incurred for inspections.

(c) A certificate issued under this part shall be valid for no more than two years from date of issuance. A certified importer may reapply for certification pursuant to subsection (a). [L 1999, c 177, pt of §1; am L 2010, c 173, §9]
Haw. Rev. Stat. § 166E-10 — HI Code / Division 1 / Title 11 / Chapter 166E / Section 166E-10
Non-agricultural park land development.
Status: in_force

On behalf of the State or in partnership with a federal agency, a county, or a private party and except as provided in this section, the department may develop non-agricultural park lands that, at the option of the board, may be exempt from all statutes, ordinances, charter provisions, and rules of any governmental agency relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and construction of buildings thereon; provided that:

(1) The board finds the development is consistent with the public purpose and intent of this chapter and meets minimum health and safety requirements;

(2) The development of the proposed non-agricultural park land does not contravene any safety standards or tariffs approved by the public utilities commission for public utilities;

(3) The county in which the non-agricultural park development is proposed shall approve the non-agricultural park development; and provided further that:

(A) The county shall approve or disapprove the development within forty-five days after the department submits preliminary plans and specifications for the development to the county. If the county does not disapprove the development after the forty-fifth day, the development shall be deemed approved;

(B) No action shall be prosecuted or maintained against any county, its officials, or employees, on any actions taken by them in reviewing, approving, or disapproving the plans and specifications; and

(C) The final plans and specifications for the development shall be deemed approved by the county if the final plans and specifications do not substantially deviate from the preliminary plans and specifications. The final plans and specifications for the project shall constitute the planning, zoning, building, construction, and subdivision standards for that development. For purposes of sections 501-85 and 502-17, the chairperson of the board or the responsible county official may certify maps and plans of lands connected with the development as having complied with applicable laws and ordinances relating to consolidation and subdivision of lands, and the maps and plans shall be accepted for registration or recordation by the land court and registrar; and

(4) The State shall assume the responsibility of maintaining all roads and infrastructure improvements within the boundaries if the improvements are developed exempt from applicable county ordinances, charter provisions, and rules regarding development. [L 2006, c 157, pt of §1]
Haw. Rev. Stat. § 143-1 — HI Code / Division 1 / Title 11 / Chapter 143 / Section 143-1
Definitions.
Status: in_force

Whenever used in this chapter, unless the context otherwise requires:

"Microchip" or "microchip identification" means a device that is implanted under the skin of an animal and that contains contact information for the owner of the animal.

"Officer" means any sheriff, deputy, any member of a police force in counties with a population of less than 100,000 and animal control officers of the several counties of the State.

"Owner" includes every person owning, harboring, or keeping a dog; provided that if the owner is a minor under the age of eighteen years, the parent, guardian, or other person having the care, custody, or control of the minor shall be irrebuttably presumed to be the owner.

"Unlicensed dog" means any dog for which the license for the current year has not been paid or to which the tag provided for in this chapter is not attached. [L 1941, c 268, §1; RL 1945, §7151; RL 1955, §156-1; am L 1963, c 85, §3; HRS §143-1; am L 1983, c 227, §2; am L 1989, c 211, §10; am L 1990, c 281, §11; am L Sp 2021, c 5, §3]

Revision Note
Haw. Rev. Stat. § 143-15 — HI Code / Division 1 / Title 11 / Chapter 143 / Section 143-15
Contracts for seizing and impounding dogs.
Status: in_force

Any county may contract with any society or organization formed for the prevention of cruelty to animals, or similar dog protective organization, for the seizure and impounding of all unlicensed dogs, and for the maintenance of a shelter or pound for unlicensed dogs, and for lost, strayed, and homeless dogs, and for the destruction or other disposition of seized dogs not redeemed as provided in this chapter. The county may prescribe in the contract the manner in which the work is to be done by the society or organization and it may also direct the disposition to be made of all dogs seized pursuant to this chapter.
Haw. Rev. Stat. § 167-3 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-3
Engineering program administrator.
Status: in_force

The board of agriculture and biosecurity shall appoint a registered professional engineer who shall act as engineering program administrator of the irrigation water development program and have such qualifications as the board may deem necessary. The appointment and removal of the engineering program administrator shall be in accordance with chapter 76 and the engineering program administrator shall perform the duties as set forth by the board.
Haw. Rev. Stat. § 144-5 — HI Code / Division 1 / Title 11 / Chapter 144 / Section 144-5
Inspection fees and tonnage reports.
Status: in_force

(a) There shall be paid to the department for all feeds distributed or imported for use or sale in this State, inspection fees as established by the rules of the department; provided that the department shall exempt by rule the payment of inspection fees on feed not subject to specific requirements of this chapter or rules adopted under this chapter. All inspection fees collected shall be deposited with the state director of finance to the credit of the general fund.

(b) Every person, except as hereinafter provided, who distributes or imports for use or sale feed in this State shall:

(1) File, not later than the last day of January, last day of April, last day of July, and last day of October of each year, quarterly statements, setting forth the number of net tons of feeds distributed or imported in this State during the preceding calendar quarter; and upon filing the statements shall pay the inspection fees. Inspection fees which are due and owing and have not been remitted to the department within thirty days following the due date shall have a penalty fee in an amount established by rules of the department added to the amount due when payment is finally made. The assessment of this penalty fee shall not prevent the department from taking other action as provided in this chapter. When more than one person is involved in the distribution or importation of a feed, the person who imports or distributes to the consumer is responsible for reporting the tonnage and paying the inspection fee unless the report and payment have been made by a prior distributor, seller, or exporter of the feed. The forms used for the quarterly statements shall be provided by the department.

(2) Keep such records as may be necessary or required by rules of the department to indicate accurately the tonnage of feed distributed in this State, and the department shall have the right to examine the records to verify statements of tonnage. Failure to make accurate statement of tonnage or to pay the inspection fee or to comply as provided herein shall constitute sufficient cause for the cancellation of all registrations on file for the distributor and the imposition of administrative penalties.

(c) The department may require the filing of further reports with respect to importation and distribution of feed by carriers, seller's agents, distributors, and named consignees. [L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2; am L 1984, c 88, §1; am L 1993, c 84, §3]
Haw. Rev. Stat. § 142-30 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-30
Form of citation and summons.
Status: in_force

(a) In issuing citations and summons for violations of this chapter, law enforcement officers other than those described in section 142-29(2) shall use the summons and complaint citation books issued by the judiciary for violations of the traffic code.

(b) Citations issued by officers and employees as described in section 142-29(2) shall use citation and summons forms that shall warn the person to appear and answer the charge against the person at a place and at a time within thirty days after the citation. The citation and summons shall be so designed to include all necessary information to make it valid and legal under the laws and rules of the State.

The citation and summons shall be in a form that allows a carbon copy to be provided to the accused. The district courts may provide for the disposition of the original and any other copies. Every citation and summons shall be consecutively numbered and each carbon copy shall bear the number of its respective original. [L 1972, c 86, pt of §1; am L 1986, c 17, §1; am L 1997, c 62, §3]
Haw. Rev. Stat. § 159-23 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-23
Labeling, marking, and branding.
Status: in_force

(a) When any meat or meat products prepared for intrastate commerce which has been inspected and marked "Hawaii Inspected and Passed" shall be placed or packed in any can, pot, tin, canvas, or other receptacle or covering in any establishment where inspection under this chapter is maintained, the person preparing the product shall cause a label to be attached to the can, pot, tin, canvas, or other receptacle or covering, under supervision of an inspector, which label shall state that the contents thereof have been "Hawaii Inspected and Passed" under this chapter, and no inspection and examination of meat or meat products deposited or inclosed in cans, tins, pots, canvas, or other receptacle or covering in any establishment where inspection under this chapter is maintained shall be deemed to be complete until the meat or meat products have been sealed or inclosed in the can, tin, pot, canvas, or other receptacle or covering under the supervision of an inspector.

(b) All carcasses, parts of carcasses, meat or meat products inspected at any establishment under the authority of this chapter and found to be unadulterated, shall at the time they leave the establishment bear, in distinctly legible form directly thereon or on their containers, as the board may require, the information required under the definition of the word "misbranded" in section 159-3.

(c) The board, whenever it determines that action is necessary for the protection of the public, may prescribe:

(1) The styles and sizes of type to be used with respect to material required to be incorporated in labeling to avoid false or misleading labeling of any meat or meat products or animals subject to this chapter.

(2) Definitions and standards of identity or composition for meat or meat products subject to this chapter and standards of fill of container for such meat or meat products not inconsistent with any such standards established under the Hawaii or Federal Food, Drug, and Cosmetic Act, or under the Federal Meat Inspection Act, and there shall be consultation between the board and the Secretary of Agriculture prior to the issuance of the standards to avoid inconsistency between the state standards and the federal standards.

(d) No meat or meat products subject to this chapter shall be sold or offered for sale by any person in intrastate commerce, under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size, but established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the board are permitted.

(e) If the board has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any meat or meat products or other products subject to this chapter is false or misleading in any particular, it may direct that the use be withheld unless the marking, labeling, or container is modified in the manner as it may prescribe so that it will not be false or misleading. If the person using or proposing to use the marking, labeling or container does not accept the determination of the board, the person may request a hearing before the board but the use of the marking, labeling, or container shall, if the board directs, be withheld pending hearing and final determination by the board. Any determination by the board shall be conclusive unless, within thirty days after receipt of notice of final determination, the person adversely affected thereby appeals to the circuit court. The appeal shall be based on the record upon which the determination was based. [L 1969, c 214, pt of §1]
Haw. Rev. Stat. § 159-12 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-12
License required.
Status: in_force

It shall be unlawful for any person to engage in the business of slaughtering cattle, sheep, swine, goats, horses, mules and other equines or manufacturing or processing of meat or meat products without a license as required by this part.
Haw. Rev. Stat. § 142-103 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-103
Exercise, training, and racing.
Status: in_force

Any owner of carrier pigeons, to whom the department has issued a pigeon permit, or person acting for the owner, having in the owner's or person's control or possession and under restraint not more than twenty-five pairs of carrier pigeons in an area zoned for residential or for hotel and apartment uses shall be allowed to fly the pigeons for necessary exercise, training, and racing. Any owner or person maintaining the carrier pigeons in areas zoned for other land uses shall fly not more than two hundred birds for necessary exercise, training, and racing. Show pigeons which are not allowed to fly free are not within the foregoing control on carrier pigeons.
Haw. Rev. Stat. § 150A-9.5 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-9.5
Interim rules.
Status: in_force

(a) The department shall have the power, subject to the provisions of this section, to establish, implement, and enforce interim rules governing the transporting of flora and fauna into and within the State. Such rules shall not be subject to chapter 91.

(b) An interim rule may be adopted in the event that the importation or movement of any flora or fauna, in the absence of effective rules, creates a situation dangerous to the public health and safety or to the ecological health of flora or fauna present in the State which is so immediate in nature as to constitute an emergency. No interim rule shall be adopted without such a finding by the advisory committee on plants and animals created under section 150A-10.

(c) Interim rules adopted by the department pursuant to this section shall be effective as stated by such rules; provided that:

(1) Any interim rule shall be published at least once statewide within twelve days of issuance; and

(2) No interim rule shall be effective for more than one year.

(d) Any person may appeal the reasonableness of any interim rule or determination of the advisory committee to the circuit court. [L 1977, c 114, §1; am L 1999, c 177, §6; am L 2000, c 211, §7; am L 2003, c 85, §10; am L 2004, c 10, §16]
Haw. Rev. Stat. § 147-102 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-102
Certification and audit services.
Status: in_force

The department of agriculture and biosecurity shall fix, assess, and collect fees for certification or audit services provided by temporary inspectors employed under this part. The fees shall be in amounts necessary to cover all costs of the administration and provision of the certification or audit services provided under this part; provided that the department of agriculture and biosecurity shall establish charges for traveling expenses and extraordinary services when the performance of the services involves unusual cost. The fees and charges established by the department of agriculture and biosecurity shall not be subject to chapter 91. The department of agriculture and biosecurity may employ temporary inspectors to assist in providing certification or audit services under parts I, III, IV, VIII, and IX, and those temporary inspectors shall be exempt from chapter 76.
Haw. Rev. Stat. § 159-32 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-32
Reimbursement for inspection.
Status: in_force

The department may perform inspection of meat and meat products derived from exotic animals when requested by persons desiring such inspection. Persons requesting and receiving inspection service under this part shall reimburse the State for all costs incurred by the State in the provision of the service. All such reimbursements shall be deposited into the general fund.
Haw. Rev. Stat. § 159-27 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-27
Inspector.
Status: in_force

Veterinarians and inspectors shall examine and inspect all cattle, sheep, swine, goats, horses, mules, and other equines the inspection of which is hereby provided for, and all carcasses and parts thereof, and all meat or meat products thereof, and the sanitary conditions of all establishments in which the meat or meat products are prepared; veterinarians and inspectors shall refuse to stamp, mark, tag, or label any carcass or any part thereof, or meat products therefrom, prepared in any establishment, until the same shall have actually been inspected and found to be unadulterated; and veterinarians and inspectors shall perform other duties as are provided by this chapter and by the rules adopted by the board and the board, from time to time, shall adopt such rules in accordance with chapter 91 which are necessary for the efficient execution of this chapter, and all inspections and examinations made under this chapter shall be made in a manner as described in the rules adopted by the board not inconsistent with this chapter.
Haw. Rev. Stat. § 147-62 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-62
Misrepresentation as to grade, etc.
Status: in_force

§147-62 Misrepresentation as to grade, etc., penalties. (a) If any quantity of any food product has been inspected and a certificate issued hereunder showing the grade, classification, quality, or condition thereof, no person shall represent that the grade, classification, quality, or condition of the product at the time and place of the inspection was other than as shown by the certificate.

(b) If any lot or lots of any food product has been inspected and a certificate issued hereunder showing the grade, classification, quality, or condition of the lot or lots, no person shall represent that the certificate is descriptive of or relates to any other lot or lots of food products not inspected hereunder and not covered by the certificate.

(c) Whenever any standard for the grading or classification of any food product becomes effective under this part, and any word or words, figure, or mark or marks, or letter, has been established and adopted by the department to indicate the grade or quality of the food product contained in any package or container, it shall be unlawful for any person to use any of the words, letters, figures, or marks, in connection with any package or container, to represent the grade or quality of the food product contained therein, to be sold or offered for sale, if the product does not meet the requirements of the grade indicated by the marking.

(d) Whenever any standard for the grading or classification of any food product becomes effective under this part, and any label has been established and adopted by the department to indicate the grade, quality or condition of the food product contained in any package or container, it shall be unlawful for any person to use any label, in connection with any package or container, unless authorized so to use it by, or under the rules prescribed by, the department. [L 1947, c 195, §12; RL 1955, §22-51; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-62; am L 1983, c 257, §9]
Haw. Rev. Stat. § 155-10 — HI Code / Division 1 / Title 11 / Chapter 155 / Section 155-10
General eligibility requirements for loans.
Status: in_force

To be eligible for loans under this chapter, an applicant shall be:

(1) A qualified farmer, a person under the new farmer program, or a part-time farmer;

(2) A citizen of the United States who has resided in the State for at least three years, or any permanent resident alien who has resided in the State for at least three years; provided that this requirement shall not apply to applicants for class "D" loans who otherwise qualify;

(3) A sound credit risk with the ability to repay the money borrowed; and

(4) Willing to carry out recommended farm management practices. [L 1959, c 278, pt of §1; am L 1961, c 104, §1(1); Supp, §102-10; HRS §155-10; am L 1974, c 231, §2(2); am L 1990, c 259, §3; am L 2000, c 51, §11; am L 2001, c 141, §2]
Haw. Rev. Stat. § 159-16 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-16
Granting, suspending and revoking licenses.
Status: in_force

(a) The action of the board in refusing to grant or renew a license, or in revoking or suspending a license, may be judicially reviewed in the manner provided by chapter 91.

(b) No license shall be denied unless the board finds after due notice and an opportunity of hearing in accordance with chapter 91, to the applicant any of the following:

(1) That the applicant does not qualify or possess the facilities to conduct a business properly.

(2) That the applicant does not have the financial responsibility to conduct a business properly.

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

(c) The board may refuse to renew a license or may suspend or revoke a license upon due notice and opportunity of hearing in accordance with chapter 91, to the licensee when it finds any of the following:

(1) The licensee has been adjudged a bankrupt.

(2) The licensee has violated chapter 480 and the violation is directly or indirectly involved with the state meat industry.

(3) The licensee has failed to keep records or to furnish the statements or information required by the board.

(4) The licensee has intentionally made a false or misleading statement upon which the license was issued.

(5) The licensee has violated or failed to comply with this chapter.

(6) The licensee has ceased to operate the business for which the license was issued.

(d) The board may conditionally renew a license or may conditionally decline to suspend or revoke a license, but the condition shall have appropriate relation to the administration of this chapter. [L 1969, c 214, pt of §1]
Haw. Rev. Stat. § 150A-4 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-4
Effect on department of land and natural resources and the department of health.
Status: in_force

Nothing in this chapter shall be construed to amend or alter the functions, duties, and powers of the department of land and natural resources and the department of health relative to chapters 171, 183D, 187A, 197, 321, and 328.
Haw. Rev. Stat. § 147-34 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-34
Inspection; certification fees.
Status: in_force

The board of agriculture and biosecurity may designate any employee or agent of the department as an inspector to classify and inspect fresh and processed flowers and foliage for quality and condition and to determine if containers, packing materials, and methods of packing meet the minimum requirements established. In addition the inspector may classify and inspect flowers and foliage for quality and condition at the request of persons having a financial interest in the commodities in order to ascertain and to certify to those persons the grade, classification, quality, or condition thereof and other pertinent facts. The department may fix, assess, and collect or cause to be collected fees for those certification services when they are performed by the employees of the department. The fees shall be on a uniform basis and in an amount reasonably necessary to cover the cost of certification services provided at the request of persons having a financial interest. Except for fees collected by the department pursuant to part VII, all fees collected by the department pursuant to this part shall be deposited with the state director of finance to the credit of the general fund.
Haw. Rev. Stat. § 155-33 — HI Code / Division 1 / Title 11 / Chapter 155 / Section 155-33
Powers of the department.
Status: in_force

The department shall have the following powers:

(1) Make loans and expend funds to finance the purchase or installation of water infrastructure equipment for dams, reservoirs, hydroelectric pumping, storm water reclamation, ditch maintenance, spillways, wells, water ducts, water distribution systems, and water tanks;

(2) Hire employees necessary to perform its duties;

(3) Enter into contracts for the service of consultants for rendering professional and technical assistance and advice, and any other contracts that are necessary and proper for the implementation of the loan program;

(4) Enter into contracts for the administration of the loan program, in accordance with chapter 103D;

(5) Establish loan program guidelines to carry out the purposes of this part;

(6) Perform all functions necessary to effectuate the purposes of this part;

(7) Delegate authority to the chairperson of the board of agriculture and biosecurity to approve loans where the requested amount plus any principal balance on existing loans to the applicant does not exceed $25,000 of state funds; and

(8) Adopt rules pursuant to chapter 91 necessary for the purpose of this part. [L 2016, c 171, pt of §1; am L 2017, c 133, §3; am L Sp 2021, c 9, §6 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 157-42 — HI Code / Division 1 / Title 11 / Chapter 157 / Section 157-42
Interstate and federal compacts.
Status: in_force

The board of agriculture and biosecurity may confer with authorities of other states and of the United States with respect to uniform milk control with states or as between states, and with the federal government in its control of prices of milk handled in interstate commerce, and may exercise its powers hereunder to effect uniform milk control. It may join with such other authorities, federal and state, in conducting joint investigations, holding joint hearings, and issue joint or concurrent orders, or orders supplementary to those of the federal government, and shall have the power to employ or designate a joint agent or joint agencies to carry out and enforce such joint, concurrent, or supplementary orders.
Haw. Rev. Stat. § 150A-9 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-9
Rules and regulations.
Status: in_force

The department shall have the authority to carry out and effectuate the purposes of this chapter by rules and regulations.
Haw. Rev. Stat. § 150A-11.2 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-11.2
[ §150A-11.
Status: in_force

[ §150A-11.2] Federal and state quarantines; enforcement; cooperative agreements. (a) The department may enter into cooperative agreements with the United States Department of Agriculture and other federal, state, or county agencies to assist in the enforcement of federal quarantines. The department may seize, destroy, or require treatment of articles moved from a federally regulated area if the articles were not moved in accordance with the federal quarantine rules or, if certified, the articles were found to be infested with the pest.

(b) Interstate shipments for entry into this State shall be subject to the following:

(1) A regulated or restricted article shall not enter this State if it is prohibited from interstate movement pursuant to a federal quarantine; or

(2) The owner or carrier of regulated or restricted articles that are reportedly originating in nonregulated areas of a quarantined state shall provide proof of origin of the regulated or restricted articles through a waybill, or other shipping document, unless otherwise required in title 7 Code of Federal Regulations part 301.

(c) As used in this section:

"Federal quarantine" means a regulatory action imposed by the federal government, including the United States Department of Agriculture or the Animal and Plant Health Inspection Service, to prevent the introduction, spread, or dissemination of pests in the United States.

"Quarantined state" means any state or any portion thereof, designated as a quarantined area in accordance with any federal regulation or order of the United States Secretary of Agriculture or the Administrator of the Animal and Plant Health Inspection Service.

"Regulated or restricted article" means any article identified as a regulated article by the Secretary of the United States Department of Agriculture or the Administrator of the Animal and Plant Health Inspection Service.

"State" means any of the several states of the United States, the District of Columbia, American Samoa, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States. [L 2025, c 190, §2]
Haw. Rev. Stat. § 147-113 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-113
Audits and certification; requests necessary.
Status: in_force

The department may designate any employee or agent of the department to conduct the audits and certification authorized under this part at the request of persons having a financial interest in the business or product. These audits and certification may be requested, but in no case shall be required by the department.
Haw. Rev. Stat. § 149A-20 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-20
Seizures; "stop-sale" and "removal from sale" orders.
Status: in_force

(a) Any pesticide or device that is distributed, sold, offered for sale, transported, or delivered for transportation in violation of this chapter, may be seized. Any pesticide product or device seized hereunder shall, after entry of decree, be disposed of by destruction or sale as the court directs and the proceeds, if the pesticide product or device is sold, less legal costs, shall be paid to the general fund of the State; provided that the pesticide product or device shall not be sold contrary to this chapter; and provided that upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide product or device shall not be disposed of unlawfully, the court may direct the pesticide product or device to be delivered to the owner thereof for relabeling or reprocessing as the case may be.

(b) The chairperson or the chairperson's authorized agent may issue and enforce a written or printed "stop-sale" or "removal from sale" order to withhold from sale any pesticide or device that is distributed, sold, offered for sale, transported, or delivered for transportation in violation of this chapter. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; gen ch 1985; am L 1987, c 310, §12]
Haw. Rev. Stat. § 157-27 — HI Code / Division 1 / Title 11 / Chapter 157 / Section 157-27
Reports of licensees.
Status: in_force

Each licensee shall as required by rule or order of the board of agriculture and biosecurity, file a verified report on forms prescribed by the board of matters on account of which a record is required to be kept, together with such other information or facts as may be pertinent and material within the scope of this chapter.
Haw. Rev. Stat. § 168-8 — HI Code / Division 1 / Title 11 / Chapter 168 / Section 168-8
Rules.
Status: in_force

The board of agriculture and biosecurity may perform any and all acts and make such rules as may be necessary and proper for the purpose of carrying out this chapter, which upon compliance with chapter 91 shall have the force and effect of law.
Haw. Rev. Stat. § 142-28.5 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-28.5
Animal quarantine special fund.
Status: in_force

There is established the animal quarantine special fund to be administered by the board of agriculture and biosecurity. Moneys received by the board of agriculture and biosecurity from:

(1) Fees for the quarantine of cats, dogs, and other carnivores pursuant to this chapter;

(2) Moneys received for the use of animal quarantine property or facilities pursuant to section 142-3.5; or

(3) State appropriations or other moneys made available,

shall be deposited into the special fund. All interest earned or accrued on moneys deposited in the special fund shall become part of the special fund. Moneys in the special fund shall be expended to cover all costs of quarantine but not limited to the costs of salaries, fringe benefits, operating expenses, including the defraying of quarantine fees, equipment, motor vehicles, contract with any qualified person or entity for animal care services, operation and maintenance of the quarantine station, and promotional expenses. A reserve shall be appropriated and maintained in the special fund to cover contingency costs, including but not limited to accrued vacation leave, unemployment insurance, and workers' compensation. [L 1998, c 210, §1; am L 2000, c 278, §2; am L 2005, c 161, §3; am L 2011, c 185, §3 ; am L 2025, c 236, §18]