Haw. Rev. Stat. § 166-6 — HI Code / Division 1 / Title 11 / Chapter 166 / Section 166-6
Disposition.
Status: in_force

(a) Any provision of this chapter to the contrary notwithstanding, the board may by negotiation, drawing of lot, or public auction, directly dispose of public lands and related facilities set aside and designated for use as agricultural parks, and any other lands and facilities under the jurisdiction of the department pursuant to section 166-3 and notwithstanding chapter 171. Except as provided by subsection (c), dispositions may be by lease and shall be subject to the requirements set forth in rules adopted by the board in conformity with section 166-9, and subject also to the following limitations:

(1) The property shall be disposed of for agricultural or aquacultural purposes only;

(2) The lessee shall derive the major portion of the lessee's total annual income from the lessee's activities on the premises; provided that this restriction shall not apply if failure to meet the restriction results from mental or physical disability or the loss of a spouse, or if the premises are fully utilized 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 determine the specific uses for which the disposition is intended; parcel the land into minimum size economic units sufficient for the intended uses; make, or require the lessee to make improvements as are required to achieve the intended uses; set the upset price or lease rent based upon an appraised evaluation of the property value adjustable as provided in rules adopted in accordance with chapter 91 to the specified use of the lot; set the term of the lease, which shall be not less than fifteen years nor more than fifty-five years, including any extension granted for mortgage lending or guarantee purposes; and establish other terms and conditions as it may deem necessary, including but not limited to restrictions against alienation and provisions for withdrawal by the board;

(5) No lease shall be made to any person who is in arrears in the payment of taxes, rents, or other obligations owing the State or any county; and

(6) Any transferee, assignee, or sublessee of an 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, of any legal entity which holds an agricultural park lease shall be treated as a transfer of the agricultural park lease and shall be subject to the approval of the board of agriculture and biosecurity upon reasonable terms and conditions, not inconsistent with this chapter or rules of the board, which 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 an agricultural park lease.

(b) The violation of any provision contained in this section shall be sufficient cause for the board, after due notice of breach or default as provided in rules adopted by the board in conformance with section 166-9, to cancel the lease and take possession of the land.

(c) The board of agriculture and biosecurity may issue easements, permits, and rights of entry covering agricultural park lands for uses consistent with the purposes for which the lands were set aside or are otherwise subject to the authority of the department pursuant to section 166-3. [L 1986, c 222, pt of §1; am L 1988, c 22, §2; am L 1990, c 52, §3; am L 1993, c 102, §3; am L 1994, c 218, §1 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 167-8 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-8
Investment of funds.
Status: in_force

The director of finance may authorize the investment of any funds held in reserves, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control.
Haw. Rev. Stat. § 149A-32.5 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-32.5
Cancellation or suspension of pesticide uses.
Status: in_force

Notwithstanding any law, rule, or executive order to the contrary, the chairperson of the board of agriculture and biosecurity, in consultation with the advisory committee on pesticides and also with the approval of the director of health, shall suspend, cancel, or restrict the use of certain pesticides or specific uses of certain pesticides when the usage is determined to have unreasonable adverse effects on the environment. In addition to other circumstances which may require a determination as to whether unreasonable adverse effects exist, a determination shall be made:

(1) When residues of the pesticides are detected in drinking water; or

(2) When a use under special local needs registration involves a pesticide for which any use has been suspended or canceled by the EPA. [L 1985, c 131, §1; am L 1987, c 310, §16 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 143-18 — HI Code / Division 1 / Title 11 / Chapter 143 / Section 143-18
Unlawful disposition of impounded dogs.
Status: in_force

It shall be unlawful for any officer to knowingly sell or give any impounded dog to any person, firm, corporation, association, medical college, or university for the purpose of animal experimentation.
Haw. Rev. Stat. § 143-5 — HI Code / Division 1 / Title 11 / Chapter 143 / Section 143-5
Removal and imitation of dog tags.
Status: in_force

It shall be unlawful for any person to remove any tag from any dog not owned by the person or under the person's control, or to place on any dog any license tag not issued as herein provided, or to make or have in possession or to place on a dog any counterfeit or imitation of any license tag provided for in this chapter.
Haw. Rev. Stat. § 159-8 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-8
Information, investigation, hearings.
Status: in_force

For the purpose of enforcing this chapter, the board may:

(1) Gather and compile information which relates to the business operations of persons being regulated under this chapter and such other information necessary to effectuate the purposes of this chapter. Confidential information shall not be disclosed by the board except under order of court.

(2) Hold hearings, take testimony, administer oaths, subpoena witnesses and issue subpoenas for the production of records, or documents of any kind. Upon failure or refusal of any witness to obey any subpoena, the board may petition the circuit court, and upon proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey the order of court shall be punishable as a contempt of court.

No person shall be excused from attending and testifying or from producing documentary evidence before the board in obedience to a subpoena of the board on the ground or for the reason that the testimony or evidence, documentary, or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the person is compelled, after having claimed the person's privilege of self-incrimination, to testify, or produce evidence, documentary or otherwise, before the board in obedience to a subpoena issued by the board; provided that no person so testifying shall be exempt from prosecution for perjury committed in so testifying.

(3) Request the attorney general to seek relief from the appropriate circuit courts for writs of mandamus commanding any person to comply with this chapter or any order of the board made in pursuance thereof or to enjoin any violation of this chapter or any order of the board.

Witnesses summoned before the board shall be paid the same fees and mileage that are paid witnesses in the circuit courts of the State, and witnesses whose depositions are taken and the persons taking them shall severally be entitled to the same fees as are paid for like services in the courts. [L 1969, c 214, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 144-4 — HI Code / Division 1 / Title 11 / Chapter 144 / Section 144-4
Labeling.
Status: in_force

(a) Any commercial feed, other than custom-mixed or toll-milled feed, distributed in this State or imported shall be accompanied by a legible label bearing the following information:

(1) The net weight.

(2) The product name or brand name under which the commercial feed is distributed.

(3) The guaranteed analysis stated in such terms as the department by rule determines is required to advise the user of the composition of the commercial feed or to support claims made in the labeling. In all cases the substances or elements must be determinable by laboratory methods published by the AOAC International.

(4) The common or official name of each ingredient used in the manufacture of the commercial feed, except as the department may, by rule, permit the use of a collective term for a group of ingredients all of which perform the same function.

(5) The name and principal address of the person responsible for distributing the commercial feed.

(6) Adequate directions for use for all commercial feeds containing drugs and for such other commercial feeds as the department may require by rule as necessary for their safe and effective use.

(7) Such precautionary statements as the department by rule determines are necessary for the safe and effective use of the commercial feed.

(b) When a commercial feed is distributed in this State in bags or other containers, the label shall be placed on or affixed to the container; when a commercial feed is distributed in bulk the label shall accompany delivery and be furnished to the purchaser at time of delivery.

(c) A custom-mixed feed shall be labeled by numbered invoice. The invoice, which is to accompany delivery and be supplied to the purchaser at the time of delivery, shall bear the following information:

(1) Name and address of the mixer.

(2) Name and address of the purchaser.

(3) Date of sale.

(4) Product name and brand name, if any, of each registered commercial feed used in the mixture and the name and number of pounds of each other feed ingredient added.

(5) The term "custom-mixed feed".

(6) Adequate directions for use for all custom-mixed feeds containing drugs and for such other custom-mixed feeds as the department may require by rule as necessary for their safe and effective use.

(7) Such precautionary statements as the department by rule determines are necessary for the safe and effective use of the custom-mixed feed.

(d) A toll-milled feed shall be labeled with the term, "toll-milled feed" and the name and address of the owner thereof.

(e) If a commercial, custom-mixed, or toll-milled feed contains a:

(1) Nonnutritive substance that is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease or is intended to affect the structure or any function of the animal body; or

(2) Food additive,

the department may require the label of the commercial or toll-milled feed or the invoice of the custom-mixed feed to show the amount present, directions for use, or warnings against misuse.

(f) Whenever a manufacturer, processor, mixer, or distributor of feed makes a claim or guarantee relative to the content of the feed on or with the package containing the same, which claim or guarantee is in addition to those required by law, the manufacturer, processor, mixer, or distributor shall be responsible for maintaining the claim or guarantee, and may be required to submit information and records pertinent to the claim or guarantee. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-5; HRS §144-5; am L 1969, c 27, §§3, 4; am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2; gen ch 1985; am L 2012, c 34, §7; am L 2023, c 17, §5]
Haw. Rev. Stat. § 163D-33 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-33
Installment purchase agreements; interest payment.
Status: in_force

(a) The legislature may authorize the corporation to negotiate installment purchase agreements for the acquisition of specific parcels of land for the protection of agricultural lands, public land banking, or the promotion of farm ownership and diversified agriculture. The installment purchase agreements shall be structured pursuant to the requirements of the Internal Revenue Code of 1986, as amended, to defer recognition of capital gain until all of the purchase price is paid. The agreement shall include provisions for the periodic payment of a portion of the purchase price with the remainder of the purchase price paid at the end of the term of the agreement. The legislature shall authorize the purchase of United States Treasury zero coupon bonds for the installment purchase agreement with a maturity date equal to the term of the agreement.

(b) The interest rate paid on the installment purchase agreement shall be not less than the interest rate on the zero coupon bonds at the closing of the agreement or eight per cent, whichever is higher.

(c) The corporation shall make semi-annual interest payments on the outstanding balance of the installment purchase agreement purchase price. [L 2008, c 234, pt of §6]
Haw. Rev. Stat. § 150A-5.6 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-5.6
Exceptions to the right to import.
Status: in_force

Nothing in this chapter shall permit the importation of any animal or article if the same, or any of them, has, by rule of the department been prohibited.
Haw. Rev. Stat. § 145-6 — HI Code / Division 1 / Title 11 / Chapter 145 / Section 145-6
Remittances.
Status: in_force

Every commission merchant, dealer, broker, agent, processor, or retail merchant shall make payment in full to the producer within such time as may be prescribed by the department. Payment in full means payment of the price agreed upon by the producer and the commission merchant, dealer, broker, agent, processor, or retail merchant, except that, in the case of consignment transactions, the full amount realized from sales, including collections for damage claims, less the agreed commission and other charges, shall be paid.
Haw. Rev. Stat. § 150-26 — HI Code / Division 1 / Title 11 / Chapter 150 / Section 150-26
Removal from sale.
Status: in_force

Any seed offered for sale in violation of this chapter or any rule adopted thereunder, shall be removed from sale by the vendor upon receiving a stop-sale order from the department. The vendor shall withhold the seed from sale until the violation has been corrected and a written release has been issued by the department.
Haw. Rev. Stat. § 144-9 — HI Code / Division 1 / Title 11 / Chapter 144 / Section 144-9
Inspection, sampling, analysis.
Status: in_force

(a) For the purpose of enforcement of this chapter, and in order to determine whether its provisions have been complied with, including whether or not any operation may be subject to such provisions, officers or employees duly designated by the department, upon presenting appropriate credentials, are authorized:

(1) To enter, during normal business hours, any factory, warehouse, or establishment within the State in which feeds are manufactured, processed, packed, or held for distribution, or to enter any vehicle being used to transport or hold such feeds; and

(2) To inspect at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling therein. The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with the good manufacturing practice rules established under section 144-6(8).

(b) If the officer or employee making such inspection of a factory, warehouse, or other establishment has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises the officer or employee shall give to the owner, operator, or agent in charge a receipt describing the samples obtained.

(c) If the owner of any factory, warehouse, or establishment described in subsection (a), or the owner's agent, refuses to admit the officer or the officer's agent to inspect in accordance with subsection (a), the department may obtain from any state court a warrant directing such owner or the owner's agent to submit the premises described in such warrant to inspection.

(d) For the enforcement of this chapter, the department or its duly designated agent may enter upon any public or private premises, including any vehicle of transport during regular business hours to have access to, and to obtain samples, and to examine records relating to distribution of feeds.

(e) Sampling and analysis shall be conducted in accordance with methods published by the AOAC International or in accordance with other generally recognized methods.

(f) The results of all analyses of official samples shall be forwarded by the department to the person named on the label or to the purchaser. When the inspection and analysis of an official sample indicates feed has been adulterated or misbranded and upon request within thirty days following receipt of the analysis, the department shall furnish to the registrant a portion of the sample concerned.

(g) The department, in determining for administrative purposes whether a commercial feed is deficient or excessive in any component, shall be guided by the official sample as defined in section 144-2 and obtained and analyzed as provided for in subsections (b), (d), and (e) of this section. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-10; HRS §144-10; am L 1979, c 186, pt of §1; am L 1980, c 232, §6; ren and am L 1983, c 214, pt of §2; gen ch 1985; am L 2012, c 34, §8]

Revision Note

Section "144-2" substituted for "144-3(19)" and "144-6(8)" substituted for "144-7(8)".
Haw. Rev. Stat. § 147-112 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-112
Cooperative agreements and contracts to provide auditing and certification services.
Status: in_force

The department may enter into cooperative agreements with the United States Department of Agriculture or other agreements and contracts with private parties or other governmental agencies for the purposes of:

(1) Auditing and certifying that applicants are following good agricultural, handling, processing, and manufacturing practices; and

(2) Maintaining food security and product traceability. [L 2003, c 49, pt of §1]
Haw. Rev. Stat. § 148-62 — HI Code / Division 1 / Title 11 / Chapter 148 / Section 148-62
Authorization to contract with nonprofit corporations; duties.
Status: in_force

(a) The department of agriculture and biosecurity may enter into contracts with nonprofit corporations to engage in the activities in subsections (b), (c), and (d). These nonprofit corporations shall:

(1) Maintain status as a nonprofit corporation pursuant to section 501(c) of the Internal Revenue Code of 1986, as amended; and

(2) Consist of a board of directors comprised of representatives from a cross-section of agricultural organizations, commodity groups, and governmental agencies.

(b) The nonprofit corporations contracted under subsection (a) may develop and recommend to the department of agriculture and biosecurity for adoption, rules relating to:

(1) The design of a seal of quality for agricultural products that are grown, processed, or manufactured in Hawaii;

(2) The standards and criteria for agricultural products grown, processed, or manufactured in Hawaii that must be satisfied to obtain use of the seal of quality; and

(3) The license fees required for use of the seal of quality.

(c) The nonprofit corporations contracted under subsection (a) shall:

(1) Develop and implement marketing programs for products licensed to use the seal of quality;

(2) Issue licenses for the use of the seal of quality and collect the license fees established by rules of the department of agriculture and biosecurity; and

(3) Develop promotional materials and establish and collect fees for the use of these promotional materials.

(d) The nonprofit corporations contracted under subsection (a) may:

(1) Assist the department of agriculture and biosecurity in monitoring compliance with the requirements for the use of the seal of quality; and

(2) Accept gifts or grants in any form from any public agency or any other source. [L 2002, c 163, pt of §2 ; am L 2025, c 236, §17 ]
Haw. Rev. Stat. § 161-29 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-29
Exemptions.
Status: in_force

(a) The provisions of this chapter requiring inspection of the slaughtering of poultry and the processing of carcasses, parts thereof, and poultry products at establishments conducting those operations shall not apply:

(1) To the slaughtering by any person of poultry of the person's own raising, and the processing by the person of the carcasses, parts thereof, and poultry products of the poultry exclusively for use by the person and members of the person's household and the person's nonpaying guests and employees;

(2) To the slaughtering or processing of poultry or poultry products which are wholesome, unadulterated, and fit for human consumption by a producer on the producer's own premises and of the producer's own raising for sale to a consumer and received directly by the consumer on the producer's premises for exclusive use by the consumer and members of the consumer's household, the consumer's nonpaying guests, and employees; or

(3) To the custom slaughter by any person of poultry delivered by the owner thereof or the owner's agent for slaughter, and the processing by the slaughterer of the carcasses, parts thereof, and poultry product of the poultry, exclusively for use in the household of the owner, by the owner, and members of the owner's household and the owner's nonpaying guests and employees; provided that the custom slaughterer does not engage in the business of buying or selling any carcasses, parts thereof, of poultry or poultry products, capable of use as human food; and provided further that the slaughter of poultry and processing of poultry or poultry products shall be conducted in accordance with the sanitary conditions, record keeping, registration, and disease control provisions specified by rule.

(b) The transportation by commercial carrier of carcasses, parts thereof, poultry, or poultry products produced without inspection under subsection (a) is prohibited, except under permit issued by the board.

(c) The provisions of this chapter requiring inspection of poultry or poultry products shall not apply to operations of a type traditionally and usually conducted at retail stores or restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale at the establishments in normal retail quantities or service of poultry or poultry products to consumers; provided that:

(1) The poultry or poultry products have been inspected and passed previously in compliance with this chapter; and

(2) The processing, handling, and storage of poultry or poultry products shall be conducted in accordance with sanitary conditions the board may specify by rule.

(d) In order to accomplish the objectives of this chapter, the board may by rule exempt operations which the board determines would best be exempted to further the purposes of this chapter, to the extent that the exemptions conform to the Poultry Products Inspection Act and the regulations thereunder.

(e) A person conducting custom exempt operations shall register with the board as a custom exempt operator under this subsection and shall obtain a permit for exemption from the board to conduct those operations. In its discretion, the board may refuse, withdraw, or modify any permit for exemption under this subsection if it determines that the action is necessary to effectuate the purposes of this chapter.

(f) The adulteration and misbranding provisions of this chapter, other than the requirement of the inspection legend, shall apply to poultry or poultry products which are not required to be inspected under this section. [L 1969, c 212, §21; gen ch 1985; am L 1993, c 92, §6]
Haw. Rev. Stat. § 168-4 — HI Code / Division 1 / Title 11 / Chapter 168 / Section 168-4
Preference.
Status: in_force

To the extent that the same may be necessary from time to time for the satisfaction of their water needs, domestic and agricultural, the Hawaiian homes commission and lessees of the Hawaiian homes commission shall at all times, upon actual need therefor being shown to the board of agriculture and biosecurity, have a prior right to two-thirds of the water developed for the Molokai irrigation and water utilization project by the tunnel development extending to Waikolu valley and ground water developed west of Waikolu valley, which was planned by the board of land and natural resources as the first stage of the Molokai irrigation project.
Haw. Rev. Stat. § 149A-15 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-15
Labeling requirements.
Status: in_force

Each container of pesticides shall bear or have attached in a conspicuous place, a plainly written or printed label in the English language providing the following information:

(1) Name, brand, or trademark under which the pesticide is sold or distributed;

(2) Ingredient statement as specified by rules;

(3) Direction for use which if complied with will adequately protect the health and environment;

(4) Warning or caution statement as specified by rules;

(5) Name and address of the manufacturer, registrant, or person for whom manufactured;

(6) Weight or measure of content;

(7) The EPA registration and establishment numbers; and

(8) Any other labeling requirement as prescribed under FIFRA. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1987, c 310, §7]
Haw. Rev. Stat. § 142-97 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-97
Wild cattle through street; penalty.
Status: in_force

Whoever drives, leads, or otherwise conducts any wild bull, bullock, cattle, or other ferocious or dangerous animal in the street of any village, or in any place of public resort, shall, in case the personal safety of any person is thereby imminently endangered, be fined not less than $5, nor more than $500, or in case the personal safety of any person is not so endangered, be fined not less than $5, nor more than $100. [PC 1869, c 26, §3; RL 1925, §4394; RL 1935, §6286; RL 1945, §11705; RL 1955, §311-5; HRS §142-97]
Haw. Rev. Stat. § 161-50 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-50
Citation and summons.
Status: in_force

(a) There shall be a printed form of citation and summons for use in citing violators warning the person to appear and answer the charge against the person at a certain place and at a time within seven days after the citation. The citation and summons shall be so designed to include all necessary information to make it valid and legal within the laws and rules of the State. The form and content of the citation and summons shall be adopted or prescribed by the district courts.

(b) In every case when a citation and summons is issued, the original of the same shall be given to the accused; provided that the district courts may prescribe the issuance to the accused of a carbon copy of the citation and summons and provide for the disposition of the original and any other copies.

(c) Every citation and summons shall be consecutively numbered and each carbon copy shall bear the number of its original. [L 1986, c 207, pt of §1]
Haw. Rev. Stat. § 147-77 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-77
Signs and labels on cartons, crates, etc.
Status: in_force

The signs and labels required by section 147-75 shall likewise be affixed to the cartons, crates, and cases containing eggs required to be marked as in the section provided.
Haw. Rev. Stat. § 159-29 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-29
Exemptions.
Status: in_force

(a) This chapter requiring inspection of the slaughtering of animals and the preparation of the carcasses, parts thereof, and meat or meat products at establishments conducting such operations shall not apply:

(1) To the slaughtering by any person of animals of the person's own raising, and the preparation and transportation by the person of the carcasses, parts thereof, and meat or meat products of the animals exclusively for use by the person, members of the person's household, and the person's nonpaying guests and employees; provided that the slaughter of the animals is performed in compliance with part II of chapter 146.

(2) To the custom slaughter by any person of cattle, sheep, swine, or goats delivered by the owner thereof or the owner's agent for slaughter, and the preparation by that slaughterer of the carcasses, parts thereof, and meat or meat products of the animals exclusively for use, in the household of the owner, by the owner, members of the owner's household, and the owner's nonpaying guests and employees; nor:

(3) To the custom preparation by any person of carcasses, parts thereof, and meat or meat products derived from the slaughter by any person of cattle, sheep, swine, or goats of the owner's own raising or from exotic animals delivered by the owner thereof for that custom preparation, and transportation of those custom prepared articles exclusively for use, in the household of the owner, by the owner, members of the owner's household, and the owner's nonpaying guests and employees.

(4) To the person engaging in custom operations at an establishment at which inspection under this chapter is maintained; provided that:

(A) Any carcasses, parts thereof, and meat or meat products wherever handled on a custom basis, or any containers or packages containing those articles, are separated at all times from carcasses, parts thereof, and meat or meat products prepared for sale; and

(B) All articles prepared on a custom basis, or any containers or packages containing such articles, are plainly marked "not for sale" immediately after being prepared and kept so identified until delivered to the owner.

A person conducting custom exempt operations shall be registered with the board as a custom exempt operator under this paragraph and obtain a permit for exemption from the board to conduct those operations. The board may refuse, withdraw, or modify any permit for exemption under this paragraph in its discretion whenever it determines the action is necessary to effectuate the purposes of this chapter.

(b) The custom slaughter of animals and preparation of meat or meat products shall be conducted in accordance with the sanitary conditions and the recordkeeping, registration, and disease control provisions that the board may prescribe.

(c) The transportation by commercial carrier of carcasses, parts thereof, or meat or meat products produced without inspection under subsection (a) is prohibited, except under permit issued by the board.

(d) This chapter requiring inspection of meat or meat products shall not apply to operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale at the establishments in normal retail quantities or service of meat or meat products to consumers; provided that the meat or meat products shall have been inspected and passed previously in compliance with this chapter and that the preparation, handling, and storage of meat or meat products is conducted in accordance with the sanitary conditions that the board may prescribe.

(e) In order to accomplish the objectives of this chapter, the board, by rule, may exempt operations which the board determines would best be exempted to further the purposes of this chapter, to the extent that the exemptions conform to the Federal Meat Inspection Act and the regulations thereunder.

(f) The adulteration and misbranding provisions of this chapter, other than the requirement of the official inspection legend, shall apply to meat or meat products which are not required to be inspected under this section. [L 1969, c 214, pt of §1; am L 1977, c 202, §1; am L 1978, c 37, §1; gen ch 1985; am L 1990, c 139, §7; am L 1991, c 88, §1]
Haw. Rev. Stat. § 143-9 — HI Code / Division 1 / Title 11 / Chapter 143 / Section 143-9
Redemption of dog after sale.
Status: in_force

The owner of any dog which has been seized and sold as provided in this chapter, at any time within thirty days after the sale, may redeem the dog from the purchaser by paying to the purchaser the amount of the purchase price paid by the purchaser and an impoundment fee per day as provided in section 143-8, for the number of days from the date of sale to and including the date of the redemption. If the dog has been neutered in the manner provided in section 143-8, the owner shall pay to the purchaser the amount of the neutering charge.
Haw. Rev. Stat. § 145D-3 — HI Code / Division 1 / Title 11 / Chapter 145D / Section 145D-3
Sale of donated food, prohibited; fines.
Status: in_force

(a) No person or organization shall sell, or offer for sale, any food product donated or distributed under this chapter.

(b) Any violation of this section is punishable by a fine not to exceed $1,000. [L 1982, c 260, pt of §2]
Haw. Rev. Stat. § 167-1 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-1
Findings and declaration of necessity.
Status: in_force

It is important to the welfare of the people of Hawaii that agricultural production be developed as fully as possible. It is further found that water presently tapped for irrigation is inadequate for the fullest development of the economy of the State. It is therefore hereby declared that additional water and water facilities are necessary for the development of agriculture in the State.

It is the intent of the legislature that no project under this chapter shall be organized in the city and county of Honolulu or other counties without the board of agriculture and biosecurity first consulting the board of water supply of the city and county of Honolulu or the water board or department of each county. [L 1987, c 306, pt of §1 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 143-10 — HI Code / Division 1 / Title 11 / Chapter 143 / Section 143-10
Stray dogs.
Status: in_force

Every person who takes into the person's possession any stray dog shall immediately notify the animal control officer and release the dog to the animal control officer upon demand. If there is attached to the dog a license tag for the then current year, the animal control officer shall notify in writing the person to whom the license was issued, at the address given in the license certificate, and, upon demand made within twenty-four hours thereafter and without charge, shall release the dog to the person. If no person lawfully entitled to the dog, within nine days after the date of giving the notice, shall claim the dog, the dog may be sold or destroyed by the animal control officer in the manner provided in section 143-8 for unlicensed dogs.
Haw. Rev. Stat. § 159-53 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-53
Construction.
Status: in_force

The licenses required by this chapter shall be in addition to any other licenses required by law.

The requirements of this chapter shall apply to persons, establishments, animals, and meat or meat products regulated under the Federal Meat Inspection Act only to the extent provided for in section 408 of the Federal Meat Inspection Act.

The operation and effect of this chapter conferring a general power shall not be impaired or qualified by the granting of a specific power or powers. Each provision of this chapter is intended to be construed liberally in light of the declaration set forth in section 159-2.

If any of the foregoing provisions are in conflict with any existing statute, ordinance or regulation, the provisions of this chapter shall take precedence. [L 1969, c 214, pt of §1]
Haw. Rev. Stat. § 159-3 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-3
Definitions.
Status: in_force

As used in this chapter unless the context otherwise requires:

"Act" means the "Hawaii Meat Inspection Act".

"Adulterated" shall apply to any carcass, part thereof, meat or meat products under one or more of the following circumstances:

(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, the meat or meat products shall not be considered adulterated under this paragraph if the quantity of the substance in or on the meat or meat products does not ordinarily render it injurious to health.

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

(B) If it is, in whole or in part, a raw agricultural commodity and the commodity bears or contains a pesticide chemical which is unsafe within the meaning of the Hawaii Food, Drug, and Cosmetic Act or section 408 of the Federal Food, Drug, and Cosmetic Act.

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

(D) If it bears or contains any color additive which is unsafe within the meaning of the Hawaii Food, Drug, and Cosmetic Act or section 706 of the Federal Food, Drug, and Cosmetic Act, provided that meat or meat products which are unadulterated under subparagraphs (B), (C), or (D) shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on the meat or meat products is prohibited by rules of the board in establishments at which inspection is maintained under part IV.

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

(4) If it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.

(5) If it is, in whole or in part, the product of an animal which had died otherwise than by slaughter.

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

(7) If it has been intentionally or unintentionally subjected to radiation, unless the use of the radiation was in conformity with a rule, regulation, or exemption in effect pursuant to the Hawaii Food, Drug, and Cosmetic Act or section 409 of the Federal Food, Drug, and Cosmetic Act.

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

(9) If it is margarine containing animal fat and any of the raw material used therein consisted in whole or in part of any filthy, putrid, or decomposed substance.

"Board" means the board of agriculture and biosecurity of the State.

"Capable of use as human food" shall apply to any carcass, or part or product of a carcass, of any animal, unless it is denatured or otherwise identified as required by regulations prescribed by the board to deter its use as human food, or it is naturally inedible by humans.

"Certification" means the act of applying the official certificate or official mark by persons performing official functions under this chapter.

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

"Department" means the department of agriculture and biosecurity of the State.

"Exotic animal" means any cloven-hoofed ruminant animal considered feral in nature, other than domestic cattle, sheep, goats, or equines. For the purposes of this chapter, bears and domestic rabbits shall be considered exotic animals.

"Federal Food, Drug, and Cosmetic Act" means the Act so entitled, approved June 25, 1938 (52 Stat. 1040), including any amendments thereto.

"Federal Meat Inspection Act" means the Act so entitled, approved March 4, 1907 (34 Stat. 1260) as amended by the Wholesome Meat Act of 1967 (81 Stat. 584), including any amendments thereto.

"Inspector" means any meat inspector of the State.

"Intrastate commerce" means commerce within the State.

"Label" means a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any meat or meat products, or other products.

"Labeling" means all labels and other written, printed, or graphic matter upon any meat or meat products or any of its containers or wrappers, or accompanying the meat or meat products.

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

"Meat broker" means any person who sells or offers to sell, or buys or offers to buy, carcasses, parts of carcasses, meat or meat products of cattle, sheep, swine, goats, horses, mules, other equines, or exotic animals on commission or who otherwise negotiates the purchase, sale, or exchange of the meat or meat products other than for the person's own account or as an employee of another person.

"Meat or meat products" means any product capable of use as human food which is made wholly or in part from any meat or other portions of the carcass of any cattle, sheep, swine, or goats, excepting products which contain meat or other portions of the carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from the definition as meat products by the board under the conditions as it may prescribe to assure that the meat or other portions of the carcasses contained in the products are not adulterated and that the products are not represented as meat products. This term as applied to food products of equines shall have a meaning comparable to that provided in this definition with respect to cattle, sheep, swine, and goats.

"Meat or meat products derived from exotic animals" means any product capable of use as human food which is made wholly or in part from any meat or other portions of the carcass of any exotic animal, excepting products which contain meat or other portions of the carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from the definition as meat products by the board under the conditions as it may prescribe to assure that the meat or other portions of the carcasses contained in the products are not adulterated and that the products are not represented as meat products.

"Misbranded" shall apply to any carcass, part thereof, meat or meat products under one or more of the following circumstances:

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

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

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

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

(5) If in a package or other container unless it bears a label showing:

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

(B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided that reasonable variations may be permitted and exemptions as to small packages may be prescribed by the board.

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

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

(A) It conforms to the definition and standard.

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

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

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

(A) The common or usual name of the food, if any there be.

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

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

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

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

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

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

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

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

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

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

"Prepared" or "processed" means slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed.

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

"Renderer" means any person engaged in the business of rendering carcasses, or parts or products of the carcasses, of cattle, sheep, swine, goats, horses, mules, other equines, or exotic animals, except rendering conducted under inspection under part IV.

"Secretary of Agriculture" means the Secretary of Agriculture of the United States.

"State" means the State of Hawaii.

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

"Wholesaler" means any person who buys or sells carcasses, parts of carcasses, meat or meat products of cattle, sheep, swine, goats, horses, mules, other equines, or exotic animals in trade channels other than retail. For the purpose of this chapter, a wholesaler who also has retail operations will be deemed to be a wholesaler. [L 1969, c 214, pt of §1; gen ch 1985; am L 1986, c 206, §2; am L 1990, c 139, §2; am L 1991, c 88, §1; am L 1993, c 248, §1; am L 1995, c 90, §1; am L 2012, c 126, §1 ; am L 2025, c 236, §§17, 18]
Haw. Rev. Stat. § 150A-15 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-15
Failure to obey summons.
Status: in_force

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

If any person fails to comply with a citation and summons issued to the person, the inspector shall cause a complaint to be entered against the person and secure the issuance of a warrant for that person's arrest.

When a complaint is made to any prosecuting officer of the violation of any quarantine law or any rule promulgated thereunder, the inspector who issued the complaint and summons shall subscribe to it under oath. [L 1985, c 133, §10; gen ch 1985]
Haw. Rev. Stat. § 159-13 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-13
Application for a license.
Status: in_force

The board may issue licenses to slaughterhouses and meat processing establishments having certificates of sanitation issued under section 159-11. An applicant for an original or renewal license to operate as a slaughterhouse operator or meat processor shall file an application upon a form prepared by the board, containing the information which the board deems necessary for the administration of this chapter.

The license year shall be from July 1 to June 30. All applications for renewal of licenses shall be made at least thirty days prior to the commencement of the license year. [L 1969, c 214, pt of §1; am L 1993, c 248, §3]
Haw. Rev. Stat. § 142-4.5 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-4.5
Health certificate.
Status: in_force

Any animal entering the State pursuant to this chapter shall be accompanied by a valid health certificate. The health certificate shall include information as to the animal's identification, approximate age, species, and sex if the animal's sex can be practicably and reasonably determined. The animal shall be free of certain internal and external parasites as prescribed by departmental rules. A statement confirming this parasite-free status shall be noted on the health certificate. The animal shall also appear to be free of any infectious or contagious diseases and to the best of the issuing veterinarian's knowledge, shall not have been exposed to any of those diseases. A statement to this effect shall also be noted on the health certificate. In addition to the requirements of this section, any person responsible for any live animal entering the State, shall comply with appropriate departmental rules.
Haw. Rev. Stat. § 145-25 — HI Code / Division 1 / Title 11 / Chapter 145 / Section 145-25
Enforcement; criminal penalties.
Status: in_force

In addition to any civil or administrative penalties or remedies, violations of this part or any rule adopted pursuant thereto shall be criminal offenses and shall be sentenced as follows:

(1) Any offense in which the value of the agricultural commodity exceeds $100 shall be a class C felony; and

(2) Any offense in which the value of the agricultural commodity is $100 or less shall be a misdemeanor. [L 1999, c 186, pt of §2; am L 2003, c 20, §4; am L 2012, c 125, §4; am L 2025, c 235, §31]
Haw. Rev. Stat. § 149A-18 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-18
Denial, suspension, or revocation of permit.
Status: in_force

The department may deny issuance of a permit to sell a restricted use pesticide for reasonable cause. Any permit issued pursuant to rules adopted under section 149A-17 may be suspended or revoked by the department, after due hearing, for violation of any condition of the permit or of any law or rule pertaining to the sale of pesticides.

Any order made by the department for the suspension or revocation of a permit shall be in writing and shall set forth the reasons for the suspension or revocation.

The action of the department in suspending or in revoking a permit may be reviewed in the manner provided by chapter 91. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1986, c 339, §8; am L 1987, c 310, §10]
Haw. Rev. Stat. § 142-21 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-21
Cooperation with federal authorities.
Status: in_force

The department of agriculture and biosecurity may cooperate with the United States Department of Agriculture in its efforts to eradicate bovine tuberculosis or any other transmissible disease of animals, and may make appraisals of condemned animals and report on the salvage derived from the sale of the animals in conformity with the regulations of the United States Department of Agriculture.
Haw. Rev. Stat. § 166-5 — HI Code / Division 1 / Title 11 / Chapter 166 / Section 166-5
Joint ventures.
Status: in_force

Any agricultural park developed by the department in partnership with a federal agency, a county, or a private party shall be subject to a partnership agreement approved by the board of agriculture and biosecurity, which agreement shall provide, at a minimum:

(1) A determination by the board that it is in the public interest to enter into the partnership agreement;

(2) Long-term assurance that the land will be utilized for agricultural or aquacultural purposes;

(3) Board approval of the agricultural park development plans and specifications;

(4) Selection and management of lessees in a manner approved by the board; and

(5) Conditions to ensure a public benefit from any state funds expended for the project. [L 1986, c 222, pt of §1; am L 1988, c 22, §1; am L 1990, c 52, §2; am L 1993, c 102, §2 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 167-21 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-21
Repayment of certain state advances.
Status: in_force

(a) Whenever under legislative authorization, past, present or future, general obligation bonds of the State are issued or the proceeds of general obligation bonds of the State are used, by way of advancement, for the establishment and construction of any specific project under the jurisdiction of the board of agriculture and biosecurity in its irrigation water program, the board may repay the same to the director of finance, upon the expiration of ten years from the time of initial irrigation service to the project, which ten-year term shall be the development period, as repayment on account of the advancement. Such payments shall be made over the period of the next succeeding forty years after the termination of the development period, the total of which payments shall be sufficient to reimburse the State for redemption of the bonds together with interest paid by the State in respect of the same.

(b) The foregoing method of repayment of advances shall be effective for each phase of any multiphase project, the amortization period for the advancement commencing ten years from the time that facilities to provide irrigation service for each new project phase are put into operation.

(c) In the event that changing use of the land in a project substantially increases revenues, or other circumstances make it reasonably possible or desirable for the board to accelerate the amortization of advances it shall be permitted to do so. [L 1987, c 306, pt of §1 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 144-10 — HI Code / Division 1 / Title 11 / Chapter 144 / Section 144-10
Rules.
Status: repealed

(a) The department may adopt rules for feeds as are specifically authorized in this chapter and other reasonable rules as may be necessary for the efficient enforcement of this chapter. In the interest of uniformity, the department shall by rule adopt, unless it determines that they are inconsistent with this chapter or are not appropriate to conditions which exist in this State, the following:

(1) The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization; and

(2) Any regulation promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act, provided that the department shall have the authority under this chapter independently to adopt these regulations.

(b) The department shall enforce this chapter and, subject to chapter 91, may adopt rules with respect to:

(1) Providing for registration and inspection fees;

(2) Providing for penalties for deficiencies of official samples and other violations of this chapter;

(3) Determining responsibilities and procedures for payment of registration, inspection, and penalty fees;

(4) Such other matters as may be necessary in order to implement this chapter.

(c) Notwithstanding the foregoing provisions, the chairperson of the board of agriculture and biosecurity, for the purpose of enforcement of this chapter and without regard to the notice and public hearing requirements of chapter 91, may adopt rules for procedures, tolerance levels, and regulatory or action levels to determine if feed is adulterated, all federal regulations or guidelines of the United States established in 40 Code of Federal Regulations, Parts 180 and 186; 21 Code of Federal Regulations, Chapter 1, Parts 1 to 1299; or the United States Food and Drug Administration Compliance Policy Guides, as they apply to feed, including changes made from time to time. Prior to the effective date of any such rules, the department shall publish in a newspaper of general circulation a notice that includes:

(1) 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

(2) 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. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 103 and c 132, §2; Supp, §24-11; HRS §144-11; am L 1973, c 46, §1(2); am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2; am L 1996, c 110, §1 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 143-2.5 — HI Code / Division 1 / Title 11 / Chapter 143 / Section 143-2.5
Regulation of other animals.
Status: in_force

Nothing in this chapter shall be construed as a limitation on the authority of the counties to regulate, including by licensure, animals other than dogs.
Haw. Rev. Stat. § 141-3.6 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-3.6
Entry of private property to control or eradicate any pests.
Status: in_force

(a) The department of agriculture and biosecurity or applicable county shall give at least five days notice to the landowner and the occupier of any private property of its intention to enter the property for the control or eradication of a pest. Written notice sent to the landowner's last known address by certified mail, postage prepaid, return receipt requested, shall be deemed sufficient notice. If certified mail is impractical because the department or county, despite diligent efforts, cannot determine land ownership or because of urgent need to initiate control or eradication measures, notice given once in a daily or weekly publication of general circulation, in the county where any action or proposed action will be taken, or notice made as otherwise provided by law, shall be deemed sufficient notice. The notice shall set forth all pertinent information on the pest control program and the procedures and methods to be used for control or eradication.

(b) After notice as required by subsection (a), any member of the department, employee of the county, or any agent authorized by the department or county may enter at reasonable times any private property other than dwelling places to maintain a pest control or eradication program, being liable only for damage caused by acts beyond the scope of the person's authority, or the person's negligence, gross negligence, or intentional misconduct. If entry is refused, the department member, county employee, or any authorized agent may apply to the district court in the circuit in which the property is located for a warrant to enter on the premises to effectuate the purposes of this chapter. The district court may issue a warrant directing a police officer of the circuit to assist the department member, county employee, or any authorized agent in gaining entry onto the premises during regular working hours or at other reasonable times. [L 1989, c 267, pt of §1; am L 1992, c 72, §2; am L 1993, c 56, §1; am L 1997, c 62, §1; am L 2017, c 182, §2; am L 2025, c 236, §17]
Haw. Rev. Stat. § 149A-34 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-34
Denial, suspension, or revocation of certificate.
Status: in_force

The department may deny issuance of a certificate for reasonable cause. Any certificate issued pursuant to rules adopted under section 149A-33(1) may be suspended or revoked by the department, after hearing, for violation of any condition of the certificate or of any law or rule pertaining to the use of any restricted use pesticide. Any order made by the department for the suspension or revocation of a certificate shall be in writing and shall set forth the reasons for the suspension or revocation. The action of the department in suspending or revoking a certificate may be reviewed in the manner provided by chapter 91.
Haw. Rev. Stat. § 150A-43 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-43
Suspension or revocation of certificate.
Status: in_force

Any certificate issued pursuant to this part may be suspended or revoked by the department, after hearing, for violation of any certificate requirement or condition or any provision of this chapter or rule adopted under this part. Any order made by the department for the suspension or revocation of a certificate shall be in writing and shall set forth the reasons for the suspension or revocation. The action of the department in suspending or revoking a certificate may be reviewed in the manner provided in chapter 91.
Haw. Rev. Stat. § 157-22 — HI Code / Division 1 / Title 11 / Chapter 157 / Section 157-22
Application for license and payment of fee.
Status: in_force

An applicant for an original or renewal license to operate as a producer, producer-distributor, or distributor shall file an application upon a form prepared by the board of agriculture and biosecurity, containing such information which the board deems necessary for the administration of this chapter. The board shall establish a reasonable application fee for an original or renewal license which the applicant shall remit when application is filed. An agricultural cooperative all of whose producer-members have complied with the licensing provisions of this chapter shall be exempt from the payment of the application fee.

The license year shall be from July 1 to the following June 30. All applications for renewal of licenses must be duly made at least thirty days before the commencement of the license year. [L 1967, c 260, §13; HRS §157-22; am L 1977, c 65, §4 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 143-14 — HI Code / Division 1 / Title 11 / Chapter 143 / Section 143-14
Female dogs.
Status: in_force

It shall be unlawful for the owner of any female dog, licensed or unlicensed, to permit it to run at large while the dog is in the copulating season.
Haw. Rev. Stat. § 144-1 — HI Code / Division 1 / Title 11 / Chapter 144 / Section 144-1
[OLD] REPEALED.
Status: in_force

L 1983, c 214, pt of §2.

§144-1 Administration. This chapter shall be administered by the department of agriculture and biosecurity, hereinafter referred to as the "department". [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-2; HRS §144-2; ree L 1979, c 186, pt of §1; ren L 1983, c 214, pt of §2 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 161-14 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-14
License fees.
Status: in_force

A fee of $25 per license year shall be assessed. The license fees collected shall be deposited with the state general fund.
Haw. Rev. Stat. § 155D-1 — HI Code / Division 1 / Title 11 / Chapter 155D / Section 155D-1
Definitions.
Status: in_force

As used in this chapter:

"Administrative costs" means costs associated with reviewing, approving, and recording expenditures and completing any reporting requirements associated with the grant program.

"Department" means the department of agriculture and biosecurity.

"Milk" means the lacteal secretion, practically free from colostrums, obtained by the milking of healthy cows or goats normally produced or marketed through the channels of the fluid milk trade or for further processing into milk products.

"Poultry products" means chicken eggs, uncooked in shell, egg-laying chicks, meat bird chicks, pullets, broilers, fryers, and laying chicken hens.

"Qualified feed developer" means any person that, at the time of application for and disbursement of funds under this chapter, is in the business of cultivating feed crops or manufacturing feed for qualified producers.

"Qualified producer" means any person that at the time of application for and disbursement of funds under this chapter is in the business of producing:

(1) Milk from a herd, located in Hawaii, of not less than ten cows or twenty-five lactating milking goats;

(2) Poultry products from a flock, raised and located in Hawaii, of not less than thirty birds;

(3) Pork from a herd, raised and located in Hawaii, of not less than ten sows;

(4) Beef that is grown, slaughtered, processed, and marketed in Hawaii. Producers who finish at least twenty head of beef cattle annually shall be eligible for this program;

(5) Sheep, lambs, or goats that are grown, slaughtered, processed, and marketed in Hawaii, with current annual sales of not fewer than thirty sheep, lambs, or goats; or

(6) Fish or crustaceans, farmed by aquacultural practices, with current annual sales of not less than two thousand pounds. [L 2007, c 221, pt of §2; am L 2013, c 200, §2; am L 2016, c 221, §3 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 145-14 — HI Code / Division 1 / Title 11 / Chapter 145 / Section 145-14
Disposition of fees and charges.
Status: in_force

All fees, charges, expenses, and other moneys collected pursuant to this chapter shall be deposited with the state director of finance to the credit of the general fund.
Haw. Rev. Stat. § 150A-8 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-8
Transporting in State.
Status: in_force

(a) Flora and fauna specified by rules and regulations of the department shall not be moved from one island to another island within the State or from one locality to another on the same island except by a permit issued by the department.

(b) The movement between the islands of the State of the following articles, viz., nursery-stock, tree, shrub, herb, vine, cut-flower, cut-foliage, cutting, graft, scion, bud, seed, leaf, root, or rhizome; nut, fruit, or vegetable; grain, cereal, or legume in the natural or raw state; moss, hay, straw, dry-grass, or other forage; unmanufactured log, limb, or timber, or any other plant-growth or plant-product, unprocessed or in the raw state; soil; microorganisms; live bird, reptile, nematode, insect, or any other animal in any stage of development (that is in addition to the so-called domestic animal, the quarantine of which is provided for in chapter 142); box, vehicle, baggage, or any other container in which the articles have been transported or any packing material used in connection therewith shall be made in the manner hereinafter set forth:

(1) Inspectional requirements. Any person who receives for transport, or brings or causes movement between the islands of the State, as freight, air freight, baggage, as ship's stores, or otherwise, any of the foregoing articles, shall ensure that the articles comply with inspectional requirements pursuant to rules and shall provide upon the inspector's request the waybill number, container number, name and address of the consignor, name and address of the consignee or the consignee's agent, marks, number of packages, description of contents of each package, and any other information that may be necessary to inspect, locate, or identify the same. If the articles are not inspected pursuant to rules, the articles shall be held in a manner that they will not spread or be likely to spread any infestation or infection of insects, diseases, or pests that may be present until an inspection can be made by the inspector to determine whether any article, or any portion thereof, is infested or infected with insects or diseases, or contains any pest. The department may adopt rules to define inspectional requirements of specific articles. Failure to obtain certification that the articles have met the inspectional requirements prior to movement between the islands of the State is a violation of this section;

(2) Labels. Each container in which any of the above-mentioned articles are transported between the islands of the State shall be plainly and legibly marked, in a conspicuous manner and place, with the name and address of the shipper or owner forwarding or shipping the same, the name or mark of the person to whom the same is forwarded or shipped or the person's agent, and a statement of the contents of the container. Failure to comply with this paragraph is a violation of this section;

(3) Authority to inspect. Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the inspector shall:

(A) Enter and inspect any aircraft, vessel, or other carrier at any time whether offshore, at the pier, or at the airport, for the purpose of determining whether any of the articles or pests enumerated in this chapter or rules adopted thereto, is present;

(B) Enter into or upon any pier, warehouse, airport, or any other place in the State where any of the above-mentioned articles are moved or stored, for the purpose of ascertaining, by inspection and examination, whether or not any of the articles is infested or infected with any pest or disease or contaminated with soil or contains prohibited plants or animals;

(C) Inspect any baggage or personal effects of passengers, officers, and crew members on aircraft or vessels moving between the islands of the State to ascertain if they contain any of the articles or pests enumerated in this chapter;

(D) Baggage or cargo inspection shall be made at the discretion of the inspector, on the pier, vessel, or aircraft or in any quarantine or inspection area; and

(E) Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the inspector shall require that any box, package, suitcase, or any other container carried as ship's stores, cargo, or otherwise by any vessel or aircraft moving between the islands of the State, be opened for inspection to determine whether any article or pest prohibited by this chapter or by rules adopted pursuant thereto is present. It is a violation of this section if any prohibited article, pest, or any article infested with an insect or disease is found;

(4) Place of inspection. The inspector shall make a determination whether it is necessary or advisable to move any of the above-mentioned articles, or any portion thereof, to a place more suitable for inspection than the pier, airport, or any other place where they are initially presented for inspection. All costs and expenses incident to the movement and transportation of the articles to such place shall be borne by the consignee or the consignee's agent;

(5) Disinfection or quarantine. If, upon inspection, any article intended for movement between the islands of the State is found to be infested or infected with an insect, disease, or pest, or there is reasonable cause to presume that it is infested or infected and the infestation or infection can, in the judgment of the inspector, be eradicated, a treatment shall be given such article prior to movement between the islands of the State. The treatment shall be at the expense of the owner or the owner's agent, and the treatment shall be as prescribed by the department. The article shall be quarantined at the expense of the owner or the owner's agent at a satisfactory place approved by the department for a sufficient length of time to determine that eradication has been accomplished. If the infestation or infection is of such nature or extent that it cannot be effectively and completely eradicated, or after treatment it is determined that the infestation or infection is not completely eradicated, or if the owner or the owner's agent refuses to allow the article to be treated or to be responsible for the cost of treatment and quarantine, the shipment, article, or any portion thereof, together with all packing and containers, shall not be certified for movement between the islands of the State. An article infested or infected with an insect, disease, or pest that is not widespread in the State shall be destroyed at the expense of the owner or the owner's agent; provided that no treatment exists that would eradicate the insect, disease, or pest to the satisfaction of the department. Such destruction shall not be made the basis of a claim against the department or the inspector for damage or loss incurred; and

(6) Disposition. Upon completion of inspection, the inspector shall conspicuously affix to the article, container, or to the delivery order or other similar document, a tag, label, or stamp to indicate that the article has been inspected and can be moved between the islands of the State. [L 1973, c 69, pt of §1; am L 1974, c 232, §3; am L 1977, c 114, §3 ; am L 2025, c 236, §30]
Haw. Rev. Stat. § 150A-6 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-6
Soil, plants, animals, etc.
Status: in_force

§150A-6 Soil, plants, animals, etc., importation or possession prohibited. No person shall transport, receive for transport, or cause to be transported to the State, for the purpose of debarkation or entry thereinto, any of the following:

(1) Soil; provided that limited quantities of soil may be imported into the State for experimental or other scientific purposes under permit with conditions prescribed by the department;

(2) Rocks, plants, plant products, or any article with soil adhering thereto;

(3) Any live snake, flying fox, fruit bat, Gila monster, injurious insect, or eels of the order Anguilliformes, or any other animal, plant, or microorganism in any stage of development that is detrimental or potentially harmful to agriculture, horticulture, animal or public health, or natural resources, including native biota, or has an adverse effect on the environment as determined by the board, except, as provided in this chapter and provided that, notwithstanding the list of animals prohibited entry into the State, the department may bring into and maintain in the State four live, sterile brown tree snakes of the male sex for the purpose of research or training of snake detector dogs, and, further, that a government agency may bring into and maintain in the State not more than two live, nonvenomous snakes of the male sex solely for the purpose of exhibition in a government zoo, but only after:

(A) The board is presented with satisfactory evidence that the sex of the snakes was established to be male prior to the shipment; and

(B) The board gives written approval conditioned upon such terms as the board may deem necessary, which terms shall include measures to assure the prevention of escape, continuing supervision and control by the board with respect to any department import under this paragraph, and the manner in which the snakes shall be disposed of or destroyed.

In case of the death of one or more snakes, the department or government agency may import and maintain replacements subject to the conditions described in this paragraph; and

(4) Any live or dead honey bees, or used bee equipment that is not certified by the department to be free of pests; provided that nothing in this paragraph shall be construed to prohibit the importation of bee semen. [L 1973, c 69, pt of §1; am L 1974, c 232, §2; am L 1985, c 133, §2 and c 179, §2; am L 1990, c 243, §4; am L 1994, c 48, §1; am L 1996, c 153, §4; am L 1997, c 63, §2; am L 1998, c 10, §1, c 28, §1, and c 244, §1; am L 1999, c 21, §1 and c 177, §3; am L 2000, c 211, §4; am L 2003, c 10, §1]
Haw. Rev. Stat. § 142-16 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-16
Dairy and breeding cattle; tuberculin tests.
Status: in_force

All dairy and breeding cattle within the State shall be tuberculin tested by the department of agriculture and biosecurity as often as in its judgment such testing is necessary in order to prevent, suppress, and eradicate bovine tuberculosis. All cattle so tested shall be marked by the department with some distinguishing mark. The department may, for the purpose of making the tests, go upon any property where such cattle are kept.
Haw. Rev. Stat. § 159-57 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-57
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 meat 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 206, pt of §1]
Haw. Rev. Stat. § 155-6 — HI Code / Division 1 / Title 11 / Chapter 155 / Section 155-6
Participation in loans by the department.
Status: in_force

(a) The department of agriculture and biosecurity may provide funds for a share, not to exceed ninety per cent, of the principal amount of a loan made to a qualified farmer, qualified new farmer, or qualified food manufacturer by a private lender who is unable otherwise to lend the applicant sufficient funds at reasonable rates.

(b) Participating loans under this section shall be limited by sections 155-9 to 155-13 for purposes of class "A" through class "I", the department's share not to exceed the maximum amounts specified therefor; provided that class "E" loans to food manufacturers shall not be subject to section 155-10.

(c) Interest charged on the private lender's share of the loan shall not be more than the sum of two per cent above the lowest rate of interest charged by all state or national banks authorized to accept or hold deposits in the State of Hawaii, on unsecured short term loans made to borrowers who have the highest credit rating with those banks.

(d) The private lender's share of the loan may be insured by the department up to ninety per cent of the principal balance of the loan, under the provisions of section 155-5.

(e) When a participating loan has been approved by the department, its share may be paid to the participating private lender for disbursement to the borrower.

(f) Out of interest collected, the private lender may be paid a service fee to be determined by the department which fee shall not exceed one per cent of the unpaid principal balance of the loan; provided that this fee shall not be added to any amount which the borrower is obligated to pay; and further provided that the private lender services the loan.

(g) The participating private lender may take over a larger percentage or the full principal balance of the loan at any time that it has determined, to the satisfaction of the department, that the borrower is able to pay any increased interest charges resulting.

(h) Security for participating loans shall be limited by the provisions of section 155-11. All collateral documents shall be held by the private lender. Division of interest in collateral received shall be in proportion to participation by the department and the private lender. [L 1959, c 278, pt of §1; am L Sp 1959 2d, c 1, §25; am L 1961, c 104, §1(f), (g), (h), and c 132, §2; Supp, §102-6; HRS §155-6; am L 1968, c 53, §§4, 5; am L 1989, c 222, §2 and c 261, §8; am L 1993, c 350, §4; am L 1997, c 258, §3; am L 1999, c 32, §3; am L 2000, c 51, §7; am L 2015, c 155, §5 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 150A-6.2 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-6.2
Animal import.
Status: in_force

(a) The board shall maintain:

(1) A list of conditionally approved animals that require a permit for import into the State;

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

(3) A list of animals that are prohibited entry into the State.

(b) The board shall adopt rules, pursuant to chapter 91, to establish an advisory committee of no fewer than three members with applicable expertise in vertebrate biology to identify whether an animal is a prohibited hybrid animal when the department suspects that the lineage of the animal is not as stated by the owner or on other official documents.

(c) Animals on the lists of conditionally approved and restricted animals shall be imported only by permit. Any animal that is not on the lists of conditionally approved, restricted, or prohibited animals shall be prohibited until the board's review and determination for placement on one of these lists; provided that the department may issue a special permit on a case-by-case basis for the importation and possession of an animal that is not on the lists of prohibited, restricted, or conditionally approved animals, for the purpose of remediating medical emergencies or agricultural or ecological disasters, or conducting medical or scientific research in a manner that the animal will not be detrimental to agriculture, the environment, or humans, if the importer of the animal can meet permit requirements as determined by the board; and provided further that the department may issue a short-term special permit on a case-by-case basis not to exceed ninety days for the importation and possession of an animal that is not on the lists of prohibited, restricted, or conditionally approved animals for the purpose of filming, performance, or exhibition, if the importer of the animal can meet permit and bonding requirements as determined by the board. [L 2000, c 211, pt of §1]
Haw. Rev. Stat. § 141-14 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-14
Industrial hemp special fund; established.
Status: in_force

(a) There is created in the state treasury a special fund to be designated as the industrial hemp special fund to be administered by the department of agriculture and biosecurity. Moneys deposited in this special fund shall be used to fulfill the purposes of this part and shall include:

(1) Any moneys appropriated by the legislature to the special fund;

(2) Any fees collected by the department of agriculture and biosecurity in relation to the industrial hemp pilot program; and

(3) The interest or return on investments earned from moneys in the special fund.

(b) The department of agriculture and biosecurity may use the moneys in the special fund to carry out the purposes of this part, including hiring employees, specialists, and consultants necessary to complete projects related to the purposes of this part. [L 2018, c 59, §2 ; am L 2025, c 236, §17]

Revision Note

This section was renumbered from §141-41 pursuant to §23G-15.
Haw. Rev. Stat. § 157-43 — HI Code / Division 1 / Title 11 / Chapter 157 / Section 157-43
Construction.
Status: in_force

The license required by this chapter shall be in addition to any other license required by law. This chapter shall not be construed to affect in any manner the relations between any cooperative marketing association and its members organized pursuant to the laws of Hawaii or the United States.
Haw. Rev. Stat. § 145-12 — HI Code / Division 1 / Title 11 / Chapter 145 / Section 145-12
Criminal penalties.
Status: in_force

Unless otherwise provided, any person who violates this chapter shall be guilty of a misdemeanor.
Haw. Rev. Stat. § 163D-4 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-4
Powers; generally.
Status: in_force

(a) Except as otherwise limited by this chapter, the corporation may:

(1) Sue and be sued;

(2) Have a seal and alter the same at its pleasure;

(3) Make and alter bylaws for its organization and internal management;

(4) Adopt rules under chapter 91 necessary to effectuate this chapter in connection with its projects, operations, and properties;

(5) Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

(6) Acquire or contract to acquire by grant or purchase any real, personal, or mixed property or any interest therein for its immediate or future use for the purposes of this chapter; own, hold, improve, and rehabilitate any real, personal, or mixed property acquired, and sell, assign, exchange, transfer, convey, lease, or otherwise dispose of, or encumber the same;

(7) By itself, or in partnership with qualified persons, acquire, construct, reconstruct, rehabilitate, improve, alter, or repair any infrastructure or accessory facilities in connection with any project; own, hold, sell, assign, transfer, convey, exchange, lease, or otherwise dispose of, or encumber any project;

(8) In cooperation with the department of agriculture and biosecurity, pursuant to chapter 167, or otherwise through direct investment or coventure with a professional investor or enterprise or any other person, or otherwise, to acquire, construct, operate, and maintain water facilities for conveying, distributing, and transmitting water for irrigation and agricultural uses at rates or charges determined by the corporation; provided that:

(A) This chapter shall not be construed to permit or allow the department of agriculture and biosecurity or any agribusiness development corporation to:

(i) Amend or modify rights or entitlements to water as provided for by article XI, section 7, of the Constitution of the State of Hawaii, or the Hawaiian Homes Commission Act, 1920, as amended, and chapter 168;

(ii) Diminish or abridge the traditional and customary rights of ahupua`a tenants who inhabited the Hawaiian Islands prior to 1778 under sections 1-1 and 7-1; and

(iii) Impair, abridge, or terminate the legal rights or interests to water and its uses, whether by lease, easement, or other means, which are possessed or held by organizations whose primary purpose is to benefit people of Hawaiian ancestry; and

(B) All usage of water shall be in accordance with chapter 174C and other applicable laws in the State;

(9) Receive, examine, and determine the acceptability of applications of qualified persons for allowances or grants for the development of new crops and agricultural products, the expansion of established agricultural enterprises, and the altering of existing agricultural enterprises;

(10) Coordinate its activities with any federal or state farm credit programs;

(11) Grant options to purchase any project or to renew any lease entered into by it in connection with any of its projects, on the terms and conditions it deems advisable;

(12) Provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, partnership, or corporation, either public or private, in order to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

(13) Procure insurance against any loss in connection with its property and other assets and operations in such amounts and from such insurers as it deems desirable;

(14) Accept gifts or grants in any form from any public agency or any other source; and

(15) Do all things necessary or proper to carry out the purposes of this chapter.

(b) The corporation shall:

(1) Develop, promote, assist, and market agricultural products for local consumption;

(2) Promote and assist in commercial export of agricultural products; and

(3) Oversee the food and product innovation network pursuant to section 163D-20; provided that the responsibilities and operations of each partner member shall remain with the partner member. [L 1994, c 264, pt of §1; am L 1999, c 117, §2; am L 2022, c 219, §5 ; am L 2025, c 236, §17 and c 237, §4]
Haw. Rev. Stat. § 147-61 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-61
Certificate, prima facie evidence.
Status: in_force

A certificate, when not superseded by a finding on appeal, or a finding on appeal of the grade, classification, quality, or condition of any food product, issued under this part and all certificates issued under authority of the Congress of the United States relating to the grade, classification, quality, or condition of food products shall be accepted in any court of this State as prima facie evidence of the true grade, classification, quality, or condition of such food product at the time of its inspection.
Haw. Rev. Stat. § 147-64 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-64
Deposit of moneys.
Status: in_force

Except for fees collected by the department pursuant to part VII, all fees, charges, expenses, civil penalties, and other moneys collected by the department under this part or any rules prescribed 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. § 147-22 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-22
Rules.
Status: in_force

The department 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, such grades, standards, grade labels, and classifications as shall be the minimum requirements for fresh and processed agricultural commodities destined for shipment by commercial exporters to points outside the State; provided that the provisions of such grades, standards, grade labels, and classifications shall not excuse failure to comply with the provisions of the federal and state food, drug, and cosmetic acts. The department in establishing such rules shall consult with appropriate state and federal agencies and with any appropriate industry or trade organization. The standards, grades, grade labels, and classifications so established shall be on the basis of what the department may deem best suited to the agricultural, horticultural, or other interests of the State; provided that the minimum requirements for the grades, standards, grade labels, and classifications so established for processed agricultural commodities shall not be higher than that of any standardized product which is sanitary and which has been demonstrated to be a commercially-acceptable product of the class to which it belongs and for which a market has been established; provided further that different minimum requirements may be applied to different styles of processed agricultural commodities; and provided further that any processed pineapple product, in which the fruit ingredient is at least ninety-five per cent pineapple in compliance with the provisions of the federal and state food, drug, and cosmetic acts, may be exported from the State. [L 1955, c 258, §4; RL 1955, §22-22; am L 1959, c 267, §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-22; am L 1983, c 257, pt of §5; am L 1985, c 5, §1]
Haw. Rev. Stat. § 150A-3 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-3
Delegation of duties.
Status: in_force

All authority vested in the board or chairperson by virtue of this chapter may with like force and effect be exercised by such employees of the department as the board or chairperson may from time to time designate for the purpose.
Haw. Rev. Stat. § 152-1 — HI Code / Division 1 / Title 11 / Chapter 152 / Section 152-1
Definitions.
Status: in_force

For the purpose of this chapter, unless otherwise required by context:

"Control noxious weed" means to limit the spread of a specific noxious weed and to reduce its density to a degree where its injurious, harmful, or deleterious effect is reduced to a tolerable level.

"Cooperative agreement" means an agreement between the department and the landowner and land occupier for the control or eradication of a noxious weed infestation.

"Department" means the department of agriculture and biosecurity.

"Eradicate noxious weed" means to completely destroy and eliminate existing plant growth, seeds, and vegetative reproductive plant parts of a specific noxious weed from a given locality.

"Land occupier" means a person who occupies, resides on, or utilizes land or real estate of a landowner.

"Landowner" means the possessor of a fee simple absolute title in land or real estate and shall include the State and its political subdivisions in their capacities as owners of public lands.

"Noxious weed" means any plant species which is, or which may be likely to become, injurious, harmful, or deleterious to the agricultural, horticultural, aquacultural, or livestock industry of the State and to forest and recreational areas and conservation districts of the State, as determined and designated by the department from time to time.

"Person" means any individual, firm, corporation, association, or partnership. [L 1957, c 319, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §27A-2; HRS §152-1; am L 1974, c 234, §1; am L 1975, c 44, pt of §1; am L 1987, c 92, §1 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 150A-6.1 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-6.1
Plant import.
Status: in_force

(a) The board shall maintain a list of restricted plants that require a permit for entry into the State. Restricted plants or any portion thereof shall not be imported into the State without a permit issued pursuant to rules.

(b) The department shall designate, by rule, as restricted plants, specific plants that may be detrimental or potentially harmful to agriculture, horticulture, the environment, or animal or public health, or that spread or may be likely to spread an infestation or infection of an insect, pest, or disease that is detrimental or potentially harmful to agriculture, horticulture, the environment, or animal or public health. In addition, plant species designated by rule as noxious weeds are designated as restricted plants.

(c) The department may regulate or prohibit the sale of specific plants on the list of restricted plants by rule.

(d) Noxious weeds may be imported only for research, by permit, and shall not be offered for sale or sold in the State.

(e) No person shall import, offer for sale, or sell within the State any plant or propagative portion of Salvinia molesta or Salvinia minima and Pistia stratiotes. [L 2000, c 211, pt of §1; am L 2003, c 85, §9; am L 2004, c 10, §16; am L 2008, c 40, §2]
Haw. Rev. Stat. § 161-12 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-12
License required.
Status: in_force

It shall be unlawful for any person to engage in the business of slaughtering poultry or manufacturing or processing of poultry or poultry products without a license as required under this part.
Haw. Rev. Stat. § 144-7 — HI Code / Division 1 / Title 11 / Chapter 144 / Section 144-7
Misbranding.
Status: in_force

No person shall distribute or import misbranded feed. A commercial, toll-milled, or custom-mixed feed shall be deemed to be misbranded:

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

(2) If it is distributed under the name of another feed.

(3) If it is not labeled as required in section 144-4 and in rules prescribed under this chapter.

(4) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a feed ingredient, unless such commercial feed or feed ingredient conforms to the definition of identity, if any, prescribed by rules of the department. In the adoption of such rules the department shall give due regard to commonly accepted definitions such as those issued by the Association of American Feed Control Officials.

(5) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-8; HRS §144-8; am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2]

Revision Note

Section "144-4" substituted for "144-5".
Haw. Rev. Stat. § 142-68 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-68
Fine for continued trespassing by animals.
Status: in_force

In case cattle, horses, mules, asses, sheep, swine, or goats trespass on any land, the owner of the animals, if known, shall be notified by the owner or occupier of the land trespassed upon, and if the owner of the animals does not remove them within twenty-four hours, if the animals are trespassing on a homesite, garden, or truck farm, or within forty-eight hours, if the animals are trespassing on any other type of land, the owner of the animals shall be subject to penalties as provided in section 142-12.
Haw. Rev. Stat. § 167-11 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-11
Rate policy; sale of excess water.
Status: in_force

The board of agriculture and biosecurity shall have the power to fix and adjust rates and charges for the furnishing of irrigation or domestic water and for water service so that the revenues derived therefrom shall be sufficient to cover the cost of operation, maintenance, replacement, and debt service on revenue bonds in compliance with part III of chapter 39, and may make charges as may be necessary to cover the capital cost of the system or other costs incurred in connection with the system.

Nothing in this chapter shall be construed to prevent the board from selling water to persons other than land occupiers and other consumers within a water project in the event and to the extent that water in excess of the needs of the land occupiers and other consumers may from time to time be available. [L 1987, c 306, pt of §1; am L 1995, c 139, §3 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 149A-21 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-21
Enforcement.
Status: in_force

(a) If it appears that a pesticide or device fails to comply with this chapter, the department may refer the facts with a copy of the results of the analysis or the examination of the pesticide product or device to the appropriate governmental agency for prosecution. A warning notice shall be issued before prosecution proceedings are initiated.

(b) The governmental agency to which any violation is reported may cause appropriate proceedings to be instituted in the appropriate court without delay if so warranted.

(c) The department shall, by publication in such manner as it may prescribe, give notice of all judgments entered in actions instituted under this chapter. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1]
Haw. Rev. Stat. § 165-6 — HI Code / Division 1 / Title 11 / Chapter 165 / Section 165-6
Liberal construction.
Status: in_force

This chapter is remedial in nature and shall be liberally construed to effectuate its purposes.
Haw. Rev. Stat. § 141-15 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-15
Farmer apprentice mentoring program; established.
Status: in_force

(a) There is established the farmer apprentice mentoring program, to be administered by the department of agriculture and biosecurity to support farmer mentors in training apprentices.

(b) Subject to the availability of funding, the department of agriculture and biosecurity may enter into contracts with qualified farmer mentorship providers on a first-come, first-served basis, and in accordance with section 103D-304, to effectuate the purposes of this section.

(c) A qualified farmer mentorship provider that provides services pursuant to this section shall make available for inspection and examination by the department of agriculture and biosecurity during regular business hours all relevant training and mentoring materials, sites, and facilities.

(d) The department of agriculture and biosecurity shall submit a report to the legislature no later than twenty days prior to the convening of each regular session. The report shall include, at a minimum:

(1) The number of farmer apprentices enrolled in the farmer apprentice mentoring program during the preceding year;

(2) A listing of each qualified farmer mentorship provider;

(3) An assessment of the ability of farmer mentorship providers participating in the program to complete any program objectives and work tasks identified by the department of agriculture and biosecurity; and

(4) An evaluation of the results achieved by the program, to be written, to the extent possible, in measurable and quantifiable terms. [L 2022, c 304, §2; am L 2023, c 17, §3 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 143-8 — HI Code / Division 1 / Title 11 / Chapter 143 / Section 143-8
Seizure and redemption of unlicensed dogs.
Status: in_force

Except where licensing requirements are dispensed with, every officer shall seize any unlicensed dog found running at large or found upon any public highway, street, alley, court, place, square, or grounds, or upon any unfenced lot, or not within a sufficient enclosure, whether in the immediate presence of the owner or otherwise, and confine it in a pound or any suitable enclosure for a period of forty-eight hours, during which time it shall be subject to redemption by its owner by payment of the license due, if any, and a penalty to be set by each county council; provided that until and unless provided by ordinance the penalty shall be $2.50. If not so redeemed, the dog shall be sold by the officer for the amount of the license and penalty due, or as much more as can be obtained therefor; provided that the officer may neuter or require the neutering of the dog prior to sale, and if not so sold it shall be humanely destroyed. The owner of any unlicensed dog impounded and not claimed within forty-eight hours as provided in this section, may redeem the dog at any time before sale or destruction of the dog by paying to the officer, in addition to the amount of the license and penalty, an impoundment fee per day for the number of days over two days the dog was impounded. Each county council shall have the power to fix the impoundment fee for dogs; provided that until and unless otherwise provided by ordinance the impoundment fee shall be $2.50 a day. Of the money so received the amount of the license fee shall be paid to the director of finance and the balance shall be retained by the officer to defray the expenses of collecting, keeping, and feeding the dog.
Haw. Rev. Stat. § 163D-10 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-10
Revenue bonds; payment and security.
Status: in_force

(a) The revenue bonds shall be payable from and secured by the real properties benefited or improved and the assessments thereon, or by the revenues derived from the project facility for which the revenue bonds were issued, including revenue derived from insurance proceeds and reserve accounts, and earnings thereon.

(b) The corporation may pledge revenues derived from the project facility financed from the proceeds of the revenue bonds to the punctual payment of the principal, interest, and redemption premiums, if any, on the revenue bonds.

(c) The revenue bonds may be additionally secured by the pledge or assignment of the loans and other agreements or any note or other undertaking, obligation, or property held by the corporation to secure the loans.

(d) Any pledge made by the corporation shall create a perfected security interest in the revenues, moneys, or property so pledged and thereafter received by the corporation from and after the time that the financing statement with respect to the revenues, moneys, or property so pledged and thereafter received are filed with the bureau of conveyances. Upon this filing, the revenues, moneys, or property so pledged and thereafter received by the corporation shall immediately be subject to a lien of any such pledge without any physical delivery thereof or having claims of any kind in tort, contract, or otherwise against the corporation, irrespective of whether the parties have notice thereof. This section shall apply to any financing statement heretofore or hereafter filed with the bureau of conveyances with respect to any pledge made to secure revenue bonds issued under this chapter. [L 1994, c 264, pt of §1]
Haw. Rev. Stat. § 167-2 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-2
Definitions.
Status: in_force

The following terms, whenever used and referred to in this chapter, have the following respective meanings, unless a different meaning clearly appears in the context:

"Acreage assessments" means any levy imposed pursuant to this chapter on the agricultural and pasture land within an irrigation project and any amount charged to the State or to the Hawaiian homes commission for the purpose of acquiring, establishing, or maintaining irrigation facilities for an irrigation project.

"Agricultural land" means that portion of the land of a land occupier lying within an existing or proposed irrigation project and of such location and character as may be profitably employed in the growing of irrigated crops; and "pasture land" means that portion of the land of a land occupier lying within an existing or proposed irrigation project and of such location and character as may be suitable with the use of water for irrigated pasture and may be profitably employed in the production of livestock or poultry.

"Board" means the board of agriculture and biosecurity.

"Farming" means agricultural pursuits, including the care and production of livestock and poultry, engaged in by a land occupier owning or leasing land, within any existing or proposed irrigation project.

"Government" includes the State and the United States and any political subdivision, agency, or instrumentality, corporate or otherwise, of either of them.

"Land occupier" means the owner or in the case of leased land, the lessee of lands lying within an irrigation project organized or to be organized under this chapter.

"Leased land", "leasehold", and similar expressions wherever used in this chapter shall be deemed to include land subject to and held under lease or other tenancy, purchase or homestead agreement; "lease" wherever used in this chapter means such lease, tenancy, purchase, or homestead agreement; "lessor" wherever used in this chapter includes the lessor, landlord, seller, or State as grantor of the homestead; and "lessee" wherever used in this chapter includes the lessee, tenant, purchaser, or homesteader under such lease or other agreement, as the case may be.

"Project" or "irrigation project" means an area, contiguous or noncontiguous, established under this chapter within which water is supplied to the State or the Hawaiian homes commission for the development and opening of lands for farming or to land occupiers engaged in farming.

"Water facility" includes all real and personal property, together with all improvements to the same, acquired or constructed pursuant to a plan or undertaking to provide water within a project for irrigation under this chapter.

"Water tolls" means any charges established by the board for irrigation water supplied by it to the State, the Hawaiian homes commission, and land occupiers. [L 1987, c 306, pt of §1 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 141-2.5 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-2.5
§ §141-2.
Status: repealed

§ §141-2.5 to 141-2.7 REPEALED. L 2022, c 134, §§4 to 6.
Haw. Rev. Stat. § 147-5 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-5
Prohibition of deceptive packing.
Status: in_force

No person shall sell, expose, or offer for sale, or transport for sale in open or closed packages agricultural commodities packed in such manner that the face or shown surface is so superior to the unexposed portion as to quality, size, condition, or in any other respect as to materially misrepresent the contents.
Haw. Rev. Stat. § 147-56 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-56
Department, hearing, determination.
Status: in_force

After holding a public hearing upon the establishment, alteration, or modification of any grades, standards, or classifications, the department of agriculture and biosecurity shall consider the facts and arguments presented at the hearing and shall establish and prescribe, by rule and regulation, such grades, standards, and classifications, or modify or alter such grades, standards, and classifications, as it may deem best suited to the agricultural, horticultural, or other interests of the State and the inhabitants thereof.
Haw. Rev. Stat. § 143-17 — HI Code / Division 1 / Title 11 / Chapter 143 / Section 143-17
Wrongful interference with officers.
Status: in_force

It shall be unlawful for any person to resist or obstruct any officer in the exercise of the officer's duties as provided in this chapter.
Haw. Rev. Stat. § 147-116 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-116
Hawaii good agricultural practices program.
Status: in_force

(a) There is established the Hawaii good agricultural practices program to be administered by the department of agriculture and biosecurity. The purpose of the program is to develop and support good agricultural practices for Hawaii farms growing agricultural food products.

(b) Notwithstanding any provision of law to the contrary, the Hawaii good agricultural practices program shall:

(1) Develop science- and risk-based good agricultural practices that reasonably reduce the potential for on-farm food-borne illness and include, as appropriate, specific considerations and methodologies for farm sizes, practices, techniques, materials, and crops;

(2) Develop and implement programs to educate and train Hawaii farmers to learn and implement good agricultural practices in a cost-effective and efficient manner;

(3) Provide procedures for the voluntary verification of on-farm implementation of good agricultural practices and the subsequent issuance of state compliance certification; and

(4) Develop a consumer information program for publication and broadcast to teach home practices for the treatment and handling of fresh and processed agricultural food products.

(c) The department shall consult as necessary with the department of health, the University of Hawaii college of tropical agriculture and human resources, and other state and federal agencies to develop and implement the Hawaii good agricultural practices program.

(d) The department may adopt rules under chapter 91 to facilitate the implementation of this section. [L 2015, c 153, §2 ; am L 2025, c 236, §17 ]
Haw. Rev. Stat. § 150A-16.4 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-16.4
[ §150A-16.
Status: in_force

[ §150A-16.4] Biosecurity compliance auditor; powers. [Section effective January 1, 2028.] (a) Subject to the terms of the compliance agreement, a certified biosecurity compliance auditor may certify items located in a transitional facility as free of diseases, infections, infestations, and other items that the department deems relevant.

(b) Unless authorized by the department, a certified biosecurity compliance auditor shall not certify any items located outside a transitional facility where the certified biosecurity compliance auditor is authorized to conduct inspections to ensure compliance. [L 2025, c 236, pt of §26]
Haw. Rev. Stat. § 150A-44 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-44
Summary suspension.
Status: in_force

Notwithstanding any law to the contrary, the department may cause the immediate suspension of an importer's certificate, subject to subsequent notice and hearing or other adequate procedures, upon the department's determination that there is an impending danger of escape or release of, or contamination from or exposure to microorganisms imported pursuant to certificate so as to present a threat to public health or safety, animal health, agriculture, horticulture, or the environment, or in the event of a medical emergency or agricultural or ecological disaster resulting from escape or release of, or contamination from or exposure to microorganisms imported pursuant to certificate.

The department may order the summary suspension of the certificate for a period not to exceed twenty days. The order of suspension shall be served upon the certified importer at the same time as the notice of hearing for further suspension or revocation and the hearing shall be scheduled prior to the expiration of the order of suspension. The period of suspension prior to the hearing shall not be extended beyond twenty days except upon the request of the importer for a reasonable continuance to adequately prepare the importer's defense. Any attempt by the importer to continue the certified activity while the certificate has been summarily suspended shall of itself be sufficient to warrant a permanent revocation of the certificate and shall subject the importer to all penalties prescribed by this chapter or any rule or order of the department. [L 1999, c 177, pt of §1]
Haw. Rev. Stat. § 155-13 — HI Code / Division 1 / Title 11 / Chapter 155 / Section 155-13
Repayment; refinancing.
Status: in_force

(a) Loans made under this chapter shall be repaid in accordance with a payment plan specified by the lender, with payments applied first to interest and then to principal.

(b) Additional payments in any sums, or the payment of the entire principal, may be made at any date within the time period of the loan.

(c) The lender may, for satisfactory cause and at its discretion, extend the time within which the installments of principal may be paid for a period not to exceed two years; provided that the lender may further extend the time beyond the said two years for an additional period not to exceed three years if the borrower is in a state of extreme financial hardship which is caused by factors beyond the borrower's control, which factors include, but not limited to, the following: depressed prices, extended poor weather conditions, persistent crop failures, and rapidly increasing production costs not accompanied by a corresponding increase in the crop price.

(d) For loans in class "C" which are made to plant and cultivate land used for crops requiring eighteen months or more before first maturing, the department of agriculture and biosecurity may defer the first payment of principal and interest until the crop first matures; provided that:

(1) The chairperson shall determine the commencement date for payment of the first installment. The chairperson may defer the initial payment on the principal of a loan, not to exceed five years from the date of issuance of the loan; and

(2) The chairperson may defer the interest on the principal of a loan, not to exceed two years from the date of issuance of the loan.

For purposes of this subsection, "chairperson" means the chairperson of the board of agriculture and biosecurity.

(e) The borrower will be expected to refinance the balance owed on any direct loan as soon as the borrower is able to obtain credit from other sources at reasonable rates and terms. [L 1959, c 278, pt of §1; am L Sp 1959 2d, c 1, §25; am L 1961, c 104, §1(o), (p) and c 132, §2; Supp, §102-13; HRS §155-13; am L 1978, c 190, §1; gen ch 1985; am L 1995, c 78, §1; am L 1997, c 162, §1 ; am L 2025, c 236, §§17, 18]
Haw. Rev. Stat. § 163D-3 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-3
Agribusiness development corporation; board of directors; established.
Status: in_force

(a) There is established the agribusiness development corporation, which shall be a public body corporate and politic and an instrumentality and agency of the State. The corporation shall be headed by a board of directors. The corporation shall be placed within the department of business, economic development, and tourism for administrative purposes, but the corporation may later incorporate as a nonprofit corporation if this proves desirable to further its objectives; provided that reorganization as a nonprofit corporation shall not adversely affect the federal tax status of the interest on any bonds issued to finance any project or project facility.

(b) The board of directors of the corporation shall consist of eleven voting members, of whom eight shall be appointed by the governor. The terms of these eight members shall be four years; provided that, commencing on July 1, 2005, the governor shall reduce the terms of those initially appointed so as to provide, as nearly as can be, for the expiration of an equal number of terms at intervals of one year. The eight members shall be selected on the basis of their knowledge, experience, and proven expertise in small and large businesses within the agricultural industry, agricultural economics, banking, real estate, finance, promotion, marketing, local food production, and management. Of these eight members, one shall be from the city and county of Honolulu, one shall be from the county of Hawaii, one shall be from the county of Maui, one shall be from the county of Kauai, and four shall be appointed at-large. The director of business, economic development, and tourism; the chairperson of the board of agriculture and biosecurity; and the chairperson of the board of land and natural resources, or their designated representatives, shall be ex-officio, voting members of the board. All members shall continue in office until their respective successors have been appointed and qualified. The board shall annually elect its chairperson from among its members; provided that the chairperson shall not be an ex-officio member.

(c) The members of the board shall serve without compensation, but shall be reimbursed for actual expenses incurred in the performance of their duties.

(d) The board shall appoint an executive director, who shall serve at the pleasure of the board and shall be exempt from chapter 76. The salary of the executive director shall be set by the board.

(e) The board shall develop and document annual goals and performance measures for the executive director that allow the board to annually evaluate the executive director's work to ensure compliance by the corporation with statutory requirements and achievement of its statutory purposes.

(f) The board shall evaluate and document the evaluation of the executive director's performance annually, or more frequently upon the request of at least four board members, based on annual goals, performance measures, and other relevant criteria.

(g) The board shall document the specific authority delegated to the executive director, including but not limited to the types of access and use of corporation property that the executive director may approve without notice to or approval by the board, and the rent credits and other amendments to board-approved contract terms that the executive director may approve without notice to or approval by the board.

(h) The board, through its executive director, may appoint officers, agents, and employees; prescribe their duties and qualifications; and fix their salaries, without regard to chapter 76. [L 1994, c 264, pt of §1; am L 1998, c 111, §5 and c 176, §5; am L 1999, c 117, §§1, 3, 6(1); am L 2000, c 253, §150; am L 2001, c 213, §§2, 3; am L 2003, c 91, §§1 to 3; am L 2004, c 29, §2; am L 2022, c 219, §4 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 165-3 — HI Code / Division 1 / Title 11 / Chapter 165 / Section 165-3
Declaration of public purpose.
Status: in_force

The preservation and promotion of farming is declared to be in the public purpose and deserving of public support.
Haw. Rev. Stat. § 141-12.5 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-12.5
Grant program; food safety certification costs.
Status: in_force

(a) There is established in the department of agriculture and biosecurity a grant program to assist farmers and ranchers in meeting the costs, including audit costs and other expenses, of complying with the federal Food Safety Modernization Act, United States Food and Drug Administration regulations, and state food safety laws.

(b) The program shall provide grants to qualified applicants with the following terms and conditions:

(1) No grants shall be given unless money has been spent by the applicant toward complying with the federal Food Safety Modernization Act, United States Food and Drug Administration regulations, or state food safety laws;

(2) The total amount of a grant to any one applicant shall not exceed $5,000; and

(3) No grant shall be given for costs that were incurred more than five years prior to the time the application for the grant is received by the department.

(c) The department shall adopt rules to carry out the purposes of the grant program. The grant applications shall be reviewed and approved by an administrative staff member of the department. [L 2017, c 183, §1; am L 2018, c 57, §1 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 143-12 — HI Code / Division 1 / Title 11 / Chapter 143 / Section 143-12
Seizure and disposal of diseased dogs; penalty.
Status: in_force

Any police officer or animal control officer may seize and, after notice to the owner if the owner can be found, may kill any dog running at large which is so obviously diseased as to be a menace to the health of persons or animals.

Any owner of any dog so diseased, who recovers the dog from the police officer or animal control officer, after notice as aforesaid, and does not furnish forthwith suitable medical treatment and care for, or destroy, the diseased dog, shall be guilty of a misdemeanor. [L 1937, c 217, §§1, 2; RL 1945, §7161; RL 1955, §156-12; HRS §143-12; am L 1983, c 227, §9; gen ch 1985]
Haw. Rev. Stat. § 161-38 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-38
Dead, dying, disabled, or diseased poultry.
Status: in_force

No person engaged in the business of buying, selling, or transporting in intrastate commerce dead, dying, disabled, or diseased poultry, or any parts or carcasses of any poultry that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation in intrastate commerce any dead, dying, disabled, or diseased poultry or parts or carcasses of any poultry that died otherwise than by slaughter, unless the transaction or transportation is made in accordance with rules that the board may adopt to assure that the poultry, or the unwholesome parts or products thereof, will be prevented from being used for human food purposes.
Haw. Rev. Stat. § 142-72 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-72
Procedure, if owner believes impounding illegal.
Status: in_force

If the owner of any animal taken up for trespass has reason to believe that the taking up or impounding of the animal was illegal, or if the owner regards the claim for damages or expenses as excessive, the owner may have the owner's animal returned to the owner upon the owner delivering to the landowner or to the pound keeper a certificate from any district judge of the circuit in which the animal was impounded, stating that the owner has deposited with the judge the amount claimed by the landowner, together with the pound fees, if any, or a good and sufficient bond for the same and the costs of an action before the judge.
Haw. Rev. Stat. § 150A-10 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-10
Advisory committee on plants and animals.
Status: in_force

There shall be an advisory committee on plants and animals composed of the chairperson of the board or the chairperson's representative who shall be chairperson of the committee, the chairperson of the board of land and natural resources, the director of the office of planning and sustainable development, and the director of health, or their designees, and five other members, with expertise in plants, animals, or microorganisms, and who, by virtue of their vocation or avocation, also are thoroughly conversant with modern ecological principles and the variety of problems involved in the adequate protection of the State's natural resources. The latter five members shall be chosen by the chairperson. The committee shall advise and assist the department in developing or revising laws and regulations to carry out and effectuate the purposes of this chapter and in advising the department in problems relating to the introduction, confinement, or release of plants, animals, and microorganisms.

The chairperson may create ad hoc or permanent subcommittees, as needed. [L 1973, c 69, pt of §1; gen ch 1985; am L 1990, c 243, §6; gen ch 1993; am L 2021, c 152, §5 and c 153, §9]
Haw. Rev. Stat. § 142-2 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-2
Rules.
Status: in_force

Subject to chapter 91, the department of agriculture and biosecurity may make and amend rules for the inspection, quarantine, disinfection, or destruction, either upon introduction into the State or at any time or place within the State, of animals and the premises and effects used in connection with the animals. Included therein may be rules governing the control and eradication of transmissible diseases of animals and the transportation of animals between the different islands of the State and along the highways thereof, the registration and inspection of brands or marks on livestock, as well as rules requiring the owner or captain of any vessel or aircraft arriving in the State with animals aboard and the managers or agents of trucking and air and water transportation companies carrying animals within the State to report on the number and class of animals carried, names of owners and consignees, the places to and from which the animals are shipped, the manner of handling the animals, the number of deaths or injuries to animals occurring in transit or while being loaded or unloaded, together with the causes of the deaths or injuries, and all other matters that may be deemed necessary by the department for a full and complete record of the shipping and handling of animals. The department may also prohibit the importation into the State from any foreign country or other parts of the United States or the movement from one island within the State to another island therein or to one locality from another locality on the same island, of animals known to be or suspected of being infected with a contagious, infectious, or communicable disease or known to have been exposed to any of those diseases.
Haw. Rev. Stat. § 149A-28 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-28
Buffer zones.
Status: in_force

Beginning January 1, 2019, no person shall apply a restricted use pesticide on or within one hundred feet of a school property during normal school hours; provided that this section shall not apply to whole structure fumigation; provided further that if this section is determined to conflict with any pesticide application information listed on the pesticide label, the more restrictive provision shall apply.
Haw. Rev. Stat. § 168-5 — HI Code / Division 1 / Title 11 / Chapter 168 / Section 168-5
Irrigation systems account.
Status: in_force

(a) There shall be a special account in the irrigation system revolving fund of the board of agriculture and biosecurity to be known as the "irrigation systems account". The director of finance may make temporary use of any portion or all of the money not immediately needed for construction and operation of an irrigation system for the purpose of paying warrants drawn on the treasury for current indebtedness of the State, or for deposit in the state sinking fund for the repayment of bonds, or for investment in state bonds; provided that sufficient of the sums so taken, deposited or invested shall be redeposited to the credit of the irrigation systems account prior to the time when any engagement for the payment from the account falls due.

The moneys from the account shall be expended upon warrants drawn by the comptroller for the purposes of this chapter.

(b) In connection with the construction, operation, or maintenance of a project, the board may use such contributions of labor, materials, and property, including money, as may be allocated or otherwise made available by any person or instrumentality whatsoever, if in the judgment of the board the acceptance thereof, will not limit the scope of construction or operation of a project provided for by this chapter.

(c) Money received and accepted under this section shall be available for expenditure for the purposes for which contributed in like manner as if the sums had been specifically appropriated for such purposes.

(d) Any provision of this chapter or any other state law to the contrary notwithstanding, it is expressly provided that, in the event that it is found possible to secure federal funds made available under any act of Congress to be expended in connection with or for the construction of a project authorized by this chapter, the board may enter into such undertakings with the proper officers or agencies of the federal government, agree to such conditions, and do and perform such other acts and things as may be necessary, or be required by such acts of Congress or any regulations or requirements of the federal government, as a condition to securing the federal funds for the project.

(e) Any other provision of law to the contrary notwithstanding, any bonds issued under this chapter may, with the approval of the governor, be deposited with and pledged to, or be otherwise disposed of to, the United States or any board, agency, or instrumentality of the United States government, to secure the repayment, or in actual payment, of any loans or advances made or to be made, under any act or acts of Congress authorizing the loans or advances, by the United States or any such board, agency, or instrumentality to the State for the construction, in whole or in part, of a project authorized under this chapter or the cost of which, or any portion thereof, would be payable or could legally be paid, out of the proceeds of the bonds if sold.

(f) Any other provision of law to the contrary notwithstanding, the board may use moneys from the irrigation [systems] account to contract for operation or maintenance of the project facilities if the board deems such action to be in the public interests. [L 1987, c 306, pt of §2; am L 1998, c 289, §2 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 157-35 — HI Code / Division 1 / Title 11 / Chapter 157 / Section 157-35
Compensatory payment.
Status: in_force

Whenever any distributor or producer-distributor sells recombined or reconstituted milk for fluid human consumption in a milk shed, the distributor or producer-distributor shall pay the board a compensatory payment to be distributed to all producers who supply milk to the distributor or producer-distributor.

In determining the compensatory payment, the board shall hold a public hearing whenever it deems it necessary to establish the loss of quota suffered by the producers from the sale of recombined or reconstituted milk, the reasonable rate of return the producers would have received if recombined or reconstituted milk were not sold to the public, and the pro rata share each producer should receive from the compensatory fund. The board may, at the request of a distributor or producer-distributor or on its own motion, suspend the operation of this section during periods when the production of milk by producers is inadequate to meet consumer requirements. [L 1967, c 260, §24; HRS §157-35; ree and am L 1972, c 40, pt of §2]
Haw. Rev. Stat. § 141-2 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-2
Rules.
Status: in_force

Subject to chapter 91, the department of agriculture and biosecurity shall adopt, amend, and repeal rules not inconsistent with law, for and concerning:

(1) The introduction, transportation, and propagation of trees, shrubs, herbs, and other plants;

(2) The quarantine, inspection, fumigation, disinfection, destruction, or exclusion, either upon introduction into the State, or at any time or place within the State, of any nursery-stock, tree, shrub, herb, vine, cut-flower, cut-foliage, cutting, graft, scion, bud, seed, leaf, root, or rhizome; any nut, fruit, or vegetable; any grain, cereal, or legume in the natural or raw state; any moss, hay, straw, dry-grass, or other forage; any unmanufactured log, limb, or timber; or any other plant growth or plant product unprocessed or in the raw state; any sand, soil, or earth; any live bird, reptile, insect, or other animal, in any stage of development, that is in addition to the so-called domestic animals, which are provided for in section 142-2; and any box, barrel, crate, or other containers in which the articles, substances, or objects have been transported or contained, and any packing material used in connection therewith, that is or may be diseased or infested with insects or likely to assist in the transmission or dissemination of any insect or plant disease injurious, harmful, or detrimental, or likely to become injurious, harmful, or detrimental to the agricultural or horticultural industries or the forests of the State, or that is or may be in itself injurious, harmful, or detrimental to the same; provided that included therein may be rules governing the transportation of any of the articles, substances, or objects enumerated above in this section between different localities on any one of the islands within the State;

(3) The prohibition of importation into the State, from any or all foreign countries or from other parts of the United States, or the shipment from one island within the State to another island therein, or the transportation from one part or locality of any island to another part or locality of the same island, of any specific article, substance, or object or class of articles, substances, or objects, among those enumerated above in this section, that is diseased or infested with insects or likely to assist in the transmission or dissemination of any insect or plant disease injurious, harmful, or detrimental or likely to be injurious, harmful, or detrimental to the agricultural or horticultural industries, or the forests of the State, or that is or may be in itself injurious, harmful, or detrimental to the same;

(4) The preparation by cargo carriers of manifests of cargo transported into the State or between islands of the State and the submission of the manifests to the department;

(5) The establishment, maintenance, and enforcement of compliance agreements with federal or state departments of agriculture authorizing agriculture inspectors from the state of origin in the case of imports to the State, or state agricultural inspectors in the case of state exports, to monitor the growing and packing of plant commodities and any treatment procedures to ensure compliance with quarantine laws, and further authorizing the assessment of fees for conducting inspections required under the compliance agreement;

(6) The manner in which agricultural product promotion and research activities may be undertaken, after coordinating with the agribusiness development corporation;

(7) The establishment, fee schedule, appropriate treatments, certification requirements, restrictions, and enforcement of or for a plant care component program; and

(8) Any other purpose within this part.

All rules adopted under this section shall have the force and effect of law. [L 1903, c 44, pt of §5; am L 1913, c 36, §1; am L 1917, c 232, §1; RL 1925, pt of §586; am L 1927, c 54, §2; RL 1935, pt of §176; RL 1945, pt of §1006; RL 1955, pt of §18-8; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; am L 1965, c 96, §13; HRS §141-2; am L 1983, c 141, §2; am L 1996, c 166, §3; am L 2008, c 236, §3; am L 2012, c 124, §2; am L 2025, c 236, §37]
Haw. Rev. Stat. § 141-6 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-6
Appeal from inspector's decision.
Status: in_force

Any person who feels aggrieved at any decision of any inspector of the department of agriculture and biosecurity shall have the right to appeal from the decision to the board of agriculture and biosecurity. The board shall give a prompt hearing to the appellant and the inspector upon the appeal, and decide the question at issue, which decision shall be subject to judicial review as provided in chapter 91.
Haw. Rev. Stat. § 142-74 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-74
Liability of dog owner; penalty.
Status: in_force

(a) If any dog, while on private property without the consent of the owner of that property, injures or destroys any sheep, cattle, goat, hog, fowl, or other property belonging to any person other than the owner of the dog, the owner of the dog shall be liable in damages to the person injured for the value of the property so injured or destroyed. The owner of the dog shall confine or destroy the dog, and if the owner of the dog neglects or refuses to do so, the owner of the dog, in the event of any further damage being done to the person or property of any person by the dog, in addition to paying the person injured for the damage, shall be guilty of a misdemeanor and pay the costs of the trial, and it shall be lawful for any other person to destroy the dog.

(b) Each county may enact and enforce ordinances regulating persons who own, harbor, or keep any dog that has injured, maimed, or destroyed an animal belonging to another 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. [PC 1869, c 23, §9; RL 1925, §667; RL 1935, §252; RL 1945, §1094; RL 1955, §20-73; HRS §142-74; gen ch 1985; am L 1986, c 64, §1; am L 2001, c 222, §1; am L 2025, c 235, §23]
Haw. Rev. Stat. § 147-55 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-55
Department, notice of hearing.
Status: in_force

In establishing and prescribing the standards, or any alterations or modifications to the standards, the department of agriculture and biosecurity shall call a public hearing and give notice thereof in conformity with chapter 91.
Haw. Rev. Stat. § 157-18 — HI Code / Division 1 / Title 11 / Chapter 157 / Section 157-18
Report to governor.
Status: in_force

At the end of each license year, the board of agriculture and biosecurity shall submit to the governor a report relating to the activities of the milk control program.
Haw. Rev. Stat. § 144-11 — HI Code / Division 1 / Title 11 / Chapter 144 / Section 144-11
Detained feeds.
Status: in_force

(a) "Withdrawal from distribution" orders. When the department or its authorized agent has reasonable cause to believe any lot of feed is being distributed in violation of this chapter or of any of the prescribed rules under this chapter, it may issue and enforce a written or printed "withdrawal from distribution" order, warning the distributor not to dispose of the lot of feed in any manner until written permission is given by the department or the circuit court. The department shall release the lot of feed so withdrawn when the chapter and rules have been complied with. If compliance is not obtained within thirty days, the department may begin, or upon request of the distributor or owner shall begin, proceedings for condemnation.

(b) "Condemnation and confiscation". Any lot of feed not in compliance with the chapter and rules shall be subject to seizure on complaint of the department to a court of competent jurisdiction in the area in which the feed is located. In the event the court finds the feed to be in violation of this chapter and rules and orders the condemnation of the feed, it shall be disposed of in any manner consistent with the quality of the feed and the laws of the State; provided that in no instance shall the disposition of the feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the feed or for permission to process or relabel the feed to bring it into compliance with this chapter. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-12; HRS §144-12; am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2]
Haw. Rev. Stat. § 167-20 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-20
Furnishing domestic water.
Status: in_force

In conjunction with any irrigation project which it has established, and subject to pertinent provisions of law governing the supply, the board of agriculture and biosecurity may establish a system for and supply water for domestic purposes to residents within and in close proximity to the irrigation project. The system shall be established only if (1) the board determines that it would be advisable and in the public interest to provide the domestic supply; (2) its construction and operation by the board has been consented to by the board of water supply of the county in which the project is situated, and by a majority of the land occupiers within the irrigation project; and (3) if under normal conditions of water availability, the operation of the system will not prejudice or interfere with the supply of irrigation water to the land occupiers within the project. The board may also subject to the limitations previously set forth in this section, take over, improve, and operate any existing system for the supply of domestic water if requested so to do by the owners and operators of the system.
Haw. Rev. Stat. § 143-7 — HI Code / Division 1 / Title 11 / Chapter 143 / Section 143-7
Pounds and animal control officers.
Status: in_force

The council of each county may establish and maintain pounds for the impounding of dogs under this chapter, and may provide for the appointment and compensation of animal control officers who shall have all the powers of a sheriff or police officer in carrying out this chapter.
Haw. Rev. Stat. § 169-1 — HI Code / Division 1 / Title 11 / Chapter 169 / Section 169-1
Private agricultural parks.
Status: in_force

The owners of one or more contiguous parcels, including public lands, within the agricultural district may establish a private agricultural park. The owners shall register the private agricultural park agreement with the department of agriculture and biosecurity, on forms prescribed and prepared by the department, which shall include the following information for each private agricultural park:

(1) The names and addresses of all the parties;

(2) The tax map parcel numbers and number of acres in each parcel to be included in the private agricultural park;

(3) The types of agricultural activities and products being produced or to be produced by each party, including non-agricultural by-products that may include renewable sources of energy for the production of electrical energy or liquid fuel and cold water for cooling, processing, and air conditioning purposes; and

(4) Other information that the department of agriculture and biosecurity determines may be of assistance in promoting the private agricultural park;

provided that, by subsequent filings, a private agricultural park may add or delete parties and parcels from its original filing. [L 2009, c 122, pt of §2 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 141-16 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-16
Compost reimbursement program.
Status: in_force

(a) There is established within the department a compost reimbursement program to provide cost reimbursements to farming operations and landscaping operations in the State for the purchase of compost.

(b) The compost reimbursement program shall assist farming operations and landscaping operations in meeting the costs of purchasing compost from a certified processor, dealer, retailer, or wholesaler licensed to do business in the State.

(c) Applications for cost reimbursements shall be submitted on a form furnished by the department and shall be filed with accompanying documentation of the costs of purchasing compost pursuant to subsection (d); provided that:

(1) 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 compost purchased; and

(2) The department may request an applicant to provide necessary information for the purposes of verifying the size or sale weight, as applicable, and amount of compost purchased.

(d) Documentation of compost costs requested by the department shall be filed for compost purchased within the fiscal year immediately preceding the filing.

(e) Funds shall be disbursed upon approval on an annual basis by the department to the farming operation or landscaping operation for up to fifty per cent of the costs incurred for the purchase of the compost.

(f) The department shall aggregate the total reimbursement applications pursuant to this section and shall divide and distribute the available funds on a first-come, first-served basis; provided that no single farming operation or landscaping operation shall receive a reimbursement totaling more than $50,000 per year.

(g) The compost reimbursement program shall be overseen by a compost reimbursement program manager, which shall be a full-time, permanent position exempt from chapters 76 and 89. The compost reimbursement program manager shall possess a requisite level of knowledge and expertise in the area of program management necessary to carry out the duties of the position.

The compost reimbursement program manager shall:

(1) Facilitate the division and distribution of available funds for reimbursement; and

(2) Manage the day-to-day coordination of the compost reimbursement program.

(h) Any action taken by the department pursuant to this section shall be exempt from the rulemaking requirements of section 91-3.

(i) The department shall submit an annual progress report on the compost reimbursement program to the legislature no later than twenty days prior to the convening of each regular session.

(j) As used in this section:

"Compost" means the product of a composting process, including the receipt of materials, primary processing, decomposition activities, and final processing for sale and marketing, in which organic materials are biologically decomposed under controlled conditions to produce a stable, humus-like mulch or soil amendment.

"Department" means the department of agriculture and biosecurity.

"Farming operation" has the same meaning as in section 165-2.

"Landscaping operation" means a landscaping contractor licensed under chapter 444.

"Organic materials" includes pre- and post-consumer food waste, waste from animal food processing operations, green waste, crop residues, and waste from vegetable food processing operations and similar materials. [L 2022, c 302, §2 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 161-47 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-47
Penalties; prosecution.
Status: in_force

(a) Whenever any carcass, part of a carcass, poultry, or poultry product or any product exempted from the definition of a poultry product is found by any authorized representative of the board upon any premises where it is held for purposes of, or during or after distribution in, intrastate commerce and there is reason to believe that any poultry or poultry product is adulterated or misbranded and is capable of use as human food, or that it has not been inspected in violation of this chapter or of the Poultry Products Inspection Act or chapter 328, or that the poultry or poultry product has been or is intended to be distributed in violation of any of those laws, it may be detained by the representative for a period not to exceed twenty days, pending action or notification of any federal authorities having jurisdiction over the poultry or poultry product, and shall not be moved by any person from the place at which it is located when detained until released by the representative. All official marks may be required by the representative to be removed from the poultry or poultry product before it is released unless it appears to the satisfaction of the board that the poultry or poultry product is eligible to retain the marks.

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

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

(d) Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person engaged in the performance of official duties under this chapter shall be guilty of a class C felony.

(e) Any person who violates any provision of this chapter for which no other criminal penalty is provided by this chapter shall be guilty of a misdemeanor; but if the violation involves intent to defraud or any distribution or attempted distribution of poultry or poultry product that is adulterated, the person shall be guilty of a class C felony; provided that no person shall be subject to penalties under this section for receiving for transportation any poultry or poultry product in violation of this chapter if the receipt was made in good faith, unless the person refuses to furnish on request of a representative of the board the name and address of the person from whom the poultry or poultry product was received and copies of all documents, if there are any, pertaining to the delivery of the poultry or poultry product.

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

(1) The compliance history of the persons responsible;

(2) The magnitude of the violation;

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

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

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

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

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

(j) Any officer or employee of the State who makes public any confidential information obtained by the board, unless directed by a court, shall be fined not more than $1,000 or imprisoned not more than one year, or both. [L 1969, c 212, §30; gen ch 1985; am L 1986, c 207, §3; am L 1993, c 92, §§11, 12]
Haw. Rev. Stat. § 157-29 — HI Code / Division 1 / Title 11 / Chapter 157 / Section 157-29
Milk control special fund.
Status: in_force

There is established the milk control special fund to be administered by the board of agriculture and biosecurity. All moneys received by the board of agriculture and biosecurity as application fees and for licenses or otherwise under this chapter, and any state appropriations or other moneys made available to carry out the purposes of this chapter, 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 administering this chapter including but not limited to the costs of salaries, fringe benefits, operating expenses, equipment, motor vehicles, contracts for services, and promotional expenses. Moneys in the special fund may be transferred to the general fund for salaries and fringe benefits of other state employees assisting in administering this chapter and other related costs. A reserve in an amount of not less than $300,000 shall be maintained in the special fund to cover contingency costs including but not limited to accrued vacation leave, audits, unemployment insurance, and workers' compensation.
Haw. Rev. Stat. § 167-4 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-4
Interested members of the board or employees.
Status: in_force

No member of the board of agriculture and biosecurity or employees of the board shall acquire any interest, direct or indirect, in any water facility or project or in any property, included or planned to be included in any facility or project, nor shall any member of the board or employee of the board have any interest, direct or indirect, in any contract or proposed contract, for materials or services to be furnished or used in connection with any water facility or project. If any member of the board or employee of the board owns or controls an interest, direct or indirect, in any property included or planned to be included in any water facility or project, the member of the board or employee of the board shall immediately disclose the same in writing to the board and the disclosure shall be entered upon the minutes of the board. The member of the board or employee shall be immediately disqualified from taking any part of the action of the board relative to the water facility or project. Failure to so disclose the interest shall constitute misconduct in office.
Haw. Rev. Stat. § 166-9 — HI Code / Division 1 / Title 11 / Chapter 166 / Section 166-9
Rules.
Status: in_force

The board shall adopt rules in accordance with chapter 91 in order to effectuate the purposes of this chapter. Such rules shall provide, without limitation, for definitions; planning generally and for intensive agricultural uses; general eligibility requirements; qualifications of applicants; preference rights; disposition of leases; lease provisions; lease restrictions generally and for intensive agricultural uses; and notice of breach or default. Rules adopted by the board for the purposes of this chapter shall be consistent with sections 171-11 and 171-20.
Haw. Rev. Stat. § 163D-6 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-6
Subsidiaries; establishment.
Status: in_force

(a) The corporation may exercise its powers through one or more subsidiary corporations. The corporation, by resolution, may direct any of its members, officers, or employees to organize a subsidiary corporation pursuant to either chapter 414 or chapter 414D; provided that the organization of a subsidiary corporation shall not adversely affect the federal tax status of the interest on any bonds issued to finance any project or project facility. The resolution shall prescribe the purposes for which the subsidiary corporation is established. The subsidiary corporation shall remain a subsidiary of the corporation as long as more than one-half of its voting shares are owned or held by the corporation, or a majority of its directors are designated by the corporation; provided that the corporation shall not convey or otherwise dispose of any subsidiary corporation or surrender the right to designate a majority of the directors of any subsidiary corporation if the sale or surrender has an adverse affect on the federal tax status of the interest on any bonds issued to finance any project or project facility. The subsidiary corporation may be operated, maintained, and enhanced at the full discretion of the corporation or its designee.

(b) If the corporation acquires the assets of a private or other corporation, then, notwithstanding any law to the contrary:

(1) Neither the corporation nor any subsidiary corporation vested with the assets shall be subject to chapter 91 with respect to the assets;

(2) Employees retained to operate the assets shall not be subject to chapter 76;

(3) Assets constituting real property interest shall not be subject to chapter 171;

(4) No investment, loan, or use of funds by the corporation or a subsidiary corporation vested with the assets shall be subject to chapter 42F or 103; and

(5) Neither the corporation nor a subsidiary corporation vested with the assets shall constitute a public utility or be subject to the jurisdiction of the public utilities commission under chapter 269.

(c) The corporation may transfer to any subsidiary corporation any moneys, any real, personal, or mixed property, or any project, in order to carry out the purposes of this chapter. Each subsidiary corporation shall have all the powers of the corporation. [L 1994, c 264, pt of §1; am L 1998, c 111, §6; am L 2000, c 253, §150; am L 2002, c 40, §4; am L 2004, c 216, §18]
Haw. Rev. Stat. § 148-64 — HI Code / Division 1 / Title 11 / Chapter 148 / Section 148-64
Enforcement.
Status: in_force

(a) The department of agriculture and biosecurity , through its authorized agents and employees, shall enforce this part.

(b) The department of agriculture and biosecurity or its authorized agent may examine, during normal business hours, any ledgers, books, accounts, memoranda, and other documents, fresh or processed agricultural products, supplies, and equipment, and any other articles and things used in connection with the business of a person licensed under this part. [L 2002, c 163, pt of §2 ; am L 2025, c 236, §17 ]
Haw. Rev. Stat. § 161-24 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-24
Sanitation.
Status: in_force

The board shall cause to be made by veterinarians or poultry inspectors, an inspection of the sanitary conditions of all poultry slaughtering, poultry-canning, packing, or similar establishments in which poultry are slaughtered and the poultry or poultry products thereof are processed solely for intrastate commerce and to prescribe the rules and regulations of sanitation under which such establishments shall be maintained; and where the sanitary conditions of any such establishment are such that the poultry or poultry products are rendered adulterated, it shall refuse to allow the poultry or poultry products to be labeled, marked, stamped, or tagged as "Hawaii Inspected and Passed".
Haw. Rev. Stat. § 141-53 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-53
Fees for aquaculture services.
Status: in_force

The department of agriculture and biosecurity may establish and assess fees pursuant to chapter 91 for:

(1) Aquatic animal and plant health diagnostic services; and

(2) Any items or expert services purchased from the department related to aquaculture planning, aquaculture disease management, and the marketing of seafood products;

provided that the assessment of these fees does not violate any provisions of this chapter. [L 2022, c 134, pt of §2 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 149A-31.2 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-31.2
Pesticide use; posting online.
Status: in_force

(a) The department shall publish on its website the public information contained in all restricted use pesticide records, reports, or forms submitted to the department, except those records, reports, or forms required by the department for restricted use pesticides used for structural pest control; provided that the department shall not post information on its website protected by section 92F-13.

(b) The department may prepare any forms necessary to meet the requirements of this section. In addition to any other administrative requirements, the department may also require the persons or entities filing pesticide records, reports, or forms to furnish an additional form that shall be suitable for posting online in response to requests pursuant to chapter 92F or title 5 United States Code section 552; provided that the additional form shall not require the disclosure of information protected by section 92F-13.

(c) For the purposes of this section, "structural pest control" means the control of wood-destroying organisms or household pests, including but not limited to moths, cockroaches, ants, beetles, flies, mosquitoes, ticks, wasps, bees, fleas, mites, silverfish, millipedes, centipedes, sowbugs, crickets, termites, or wood borers, including through any one or combination of the following:

(1) The identification of infestations or infections; conducting of inspections; or use of pesticides, including insecticides, repellents, attractants, rodenticides, fungicides, fumigants, and all other substances, mechanical devices, or structural modifications under whatever name known for the purposes of preventing, controlling, and eradicating insects, vermin, rodents, and other pests in household structures, commercial buildings, other structures including household structures, commercial buildings, and other structures in all stages of construction, and outside areas;

(2) All phases of fumigation, including treatment of products by vacuum fumigation; or

(3) The fumigation of railroad cars, trucks, ships, and airplanes. [L 2013, c 105, §2]
Haw. Rev. Stat. § 167-6 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-6
Further powers.
Status: in_force

(a) The board of agriculture and biosecurity shall also have the power to:

(1) Establish and certify the total amount of acreage assessments to be levied annually and collect the assessments within each project;

(2) Set and from time to time revise tolls that it shall charge for the water provided by its facilities, subject to the rate policies established hereunder;

(3) Establish priorities between the several lands included in a project according to the use to which the lands are put or other reasonable basis for classification;

(4) Govern the furnishing of water in the event of a shortage of supply and to correlate water tolls with these priorities;

(5) Charge and collect water tolls, fees, and other charges established in connection herewith;

(6) Sell, exchange, transfer, assign, or pledge any property, real or personal, or any interest therein, to any person, firm, corporation, or government, except as prohibited by the laws of the State;

(7) Hold, clear, and improve property;

(8) Borrow money for any of the purposes hereunder;

(9) Insure or provide for the insurance of the property or operations of the board against such risks as the board may deem advisable;

(10) Include in any construction contract executed in connection with a project, stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum wages and maximum hours of labor, and comply with any conditions that the federal government may have attached to its financial aid of the project;

(11) Delegate to the chairperson or employees of the department, subject to the board's control and responsibility, powers and duties as may be lawful or proper for the performance of the functions vested in the board;

(12) Set, charge, and collect interest and a service charge on delinquent payments due on water tolls, acreage assessments, or other related accounts; provided that the rate of interest shall not exceed one per cent per month and the service charge shall not exceed $7 for each delinquent payment;

(13) Collect delinquent acreage assessments in accordance with sections 231-61 to 231-70; provided that the chairperson shall have all of the powers provided to the director of taxation or state tax collector under chapter 231 that may be necessary or convenient to collect delinquent acreage assessments;

(14) Accept a security interest in real or personal property for a debt restructured under a payment plan for delinquent water tolls, acreage assessments, or other related irrigation project accounts subject to the rate of interest set forth in paragraph (12); and

(15) Foreclose upon or otherwise enforce the security interest accepted under paragraph (14) by any method provided for by law and to hold title to, maintain, use, manage, operate, sell, lease, or otherwise dispose of that personal or real property to recover the debt secured.

(b) The board shall also have the power to enter into any repayment or other contracts with the United States for the construction, operation, and maintenance of any projects as may be required or provided for by the federal reclamation laws, or acts amendatory thereof or supplementary thereto, or other federal laws, and further to borrow money or accept grants or assistance from the federal government, or any department, bureau, or agency thereof with respect to the engineering, construction, operation, and financing of any project hereunder. The board shall make every effort to obtain all federal aid possible for the purposes of this chapter.

(c) In making surveys, studies, and investigations, in planning and designing, and in constructing projects and facilities for irrigation, the board shall also have power to include therein surveys, studies, and investigations of, plans and designs for, and construction of facilities for flood control and the utilization of water for the production of hydroelectric power, where the same may be practicable in conjunction with the formation and operation of an irrigation project or projects. [L 1987, c 306, pt of §1; am L 1992, c 97, §1; am L 1998, c 102, §1; am L 2014, c 223, §§2 , 4; am L 2025, c 236, §18]
Haw. Rev. Stat. § 150A-52 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-52
Objectives of biosecurity program.
Status: in_force

[Section effective until December 31, 2027. For section effective January 1, 2028, see below.] The objectives of the biosecurity program shall be to:

(1) Establish a multi-dimensional system to prevent the entry into the State and interisland movement of pests and prohibited or restricted organisms without a permit;

(2) Respond effectively to eradicate, control, reduce, and suppress incipient pest populations and established pests and seize and dispose of prohibited or restricted organisms without a permit; and

(3) Coordinate with partner agencies and organizations to direct the control and eradication of invasive species. [L 2008, c 236, pt of §2; am L 2024, c 231, §4]

§150A-52 Objectives of biosecurity program. [Section effective January 1, 2028. For section effective until December 31, 2027, see above.] The objectives of the biosecurity program shall be to:

(1) Establish a multi-dimensional system to survey for and prevent the entry into the State and interisland movement of pests and prohibited or restricted organisms without a permit;

(2) Respond effectively to eradicate, control, reduce, and suppress incipient pest populations and established pests and seize and dispose of prohibited or restricted organisms without a permit; and

(3) Coordinate with partner agencies and organizations to direct the control and eradication of pests. [L 2008, c 236, pt of §2; am L 2024, c 231, §4 ; am L 2025, c 236, §23]
Haw. Rev. Stat. § 161-27 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-27
Inspectors.
Status: in_force

Veterinarians and poultry inspectors shall examine and inspect all poultry, all carcasses and parts thereof, and all poultry products, and the sanitary conditions of all establishments in which poultry or poultry products are processed; and the veterinarians and poultry inspectors shall refuse to stamp, mark, tag, or label any carcass or any part thereof, or poultry product, prepared in any establishment until it shall have actually been inspected and found to be not adulterated; and shall perform such other duties as are provided by this chapter and by the rules and regulations to be prescribed by the board and the board shall, from time to time, make such rules and regulations in accordance with chapter 91, as are necessary for the efficient execution of this chapter, and all inspections and examinations made under this chapter shall be in accordance with the rules and regulations prescribed by the board and this chapter.
Haw. Rev. Stat. § 147-95 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-95
Regulation of advertising.
Status: in_force

The department of agriculture and biosecurity may regulate advertising in regard to grading, inspection, and origin of carcasses or parts thereof by slaughterers, wholesalers, and retailers of beef, pork, or poultry carcasses offered for sale, regardless of the origin of such carcasses.
Haw. Rev. Stat. § 145-2 — HI Code / Division 1 / Title 11 / Chapter 145 / Section 145-2
Licenses.
Status: in_force

No person shall act as a commission merchant, dealer, broker, agent, processor, or retail merchant without having obtained a license as prescribed by rules of the department.

In addition to the general requirements applicable to all classes of applications as prescribed by rule, the following requirements shall apply to each class of application noted:

(1) Commission merchants and brokers: Each application shall include a schedule of commissions and charges for services, and the designated commissions and charges shall not be changed or varied for the license period except by written contract between the parties. In addition, each application shall be accompanied by the surety bond required by section 145-4.

(2) Agents: Each application shall include the name and address of each commission merchant, dealer, or broker represented or sought to be represented by the agent, the written indorsement or nomination of the commission merchant, dealer, or broker, and such additional information as the department may consider proper or necessary. The department shall thereupon issue to the applicant a license entitling the applicant to conduct the business described in the application at the place named in the application for a year from the date thereof, or until the same is revoked for cause; provided that the license of an agent shall expire upon the date of expiration of the license of the principal for whom the agent acts. The department may also issue to each agent a card or cards which shall bear the signature of the agent, separate cards being required for each principal. Any agent shall show the card or cards upon the request of any interested person. Any agent who displays a void or expired license card shall be punished as provided in section 145-12.

Fraud or misrepresentation in making any application shall ipso facto work a revocation of any license granted thereunder. All indicia of the possession of a license shall be at all times the property of the State and each licensee shall be entitled to the possession thereof only for the duration of the license.

For filing the application for license, each applicant shall pay a fee as prescribed by the department.

Should any commission merchant, dealer, broker, agent, processor, or retail merchant refuse, fail, or neglect to apply for the renewal of a preexisting license within thirty days after the expiration thereof, a penalty of forty per cent shall apply to and be added to the original fee as prescribed by the department, and shall be paid by the applicant before the renewal license may be issued.

Any person who has applied for and obtained a license within the classification of commission merchant, in the manner and upon payment of the fee set forth, may apply for and secure a license in the other classifications without payment of further fee, and upon further complying with those provisions of this part regulating the licensing of the other particular classification involved. All licenses held by any licensee under this section shall automatically expire on the expiration date for the particular license for which the license fee was paid. [L 1951, c 74, pt of §1; RL 1955, §23-2; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §145-2; am L 1972, c 39, §2; am L 1983, c 258, §2; am L 1984, c 116, §1]
Haw. Rev. Stat. § 150-28 — HI Code / Division 1 / Title 11 / Chapter 150 / Section 150-28
Laboratory and analytical procedure.
Status: in_force

(a) The department shall maintain a properly equipped laboratory for making tests required under this chapter.

(b) The method of sampling and testing of seed shall be based upon the rules for seed testing adopted by the Association of Official Seed Analysts or as published in subchapter K of the Federal Seed Act. [L 1945, c 90, pt of §2; RL 1955, §26-12; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §150-28; am L 1987, c 164, §10]
Haw. Rev. Stat. § 163D-15.5 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-15.5
Waiahole water system revolving fund.
Status: in_force

(a) There is established within the state treasury a revolving fund to be known as the Waiahole water system revolving fund, which shall be administered by the corporation and into which shall be deposited all revenues from assessments, tolls, appropriations made by the legislature to the fund, interest on investments attributable to the Waiahole water system, and other income, receipts, and revenues received by the corporation from the operation of the Waiahole water system. Moneys in the Waiahole water system revolving fund shall be expended by the corporation for the acquisition, planning, design, improvement, construction, equipping, furnishing, administering, operating, and maintaining of the Waiahole water system and any other purpose deemed necessary by the corporation for the purpose of acquiring and operating the Waiahole water system. The corporation may utilize contributions of money, labor, materials, and property that may be otherwise available from any person or instrumentality.

(b) No expenditure, use, or transfer of funds from the Waiahole water system revolving fund by the corporation shall be subject to chapter 42F or 103. [L 1998, c 111, §3; am L 2004, c 216, §19]
Haw. Rev. Stat. § 167-19 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-19
Administration of irrigation project; acreage assessments; liens.
Status: in_force

(a) All irrigation projects established pursuant to this chapter shall be administered by the board of agriculture and biosecurity. In making the final determination to establish a project, the board shall:

(1) Determine the proportion of acreage assessments to be borne by the agricultural land and pasture land within the project; and

(2) Have the engineering program administrator prepare a map setting forth in detail the exterior boundaries of the lands to be included within the project and an acreage assessment roll listing all known land occupiers whose lands are to be included within the project. The proportion of acreage assessments to be borne by pasture land, at the discretion of the board, may be less than but not more than the proportion to be borne by agricultural land, in which event the agricultural land shall be first served with water in times of drought or shortage of supply. The proportions to be borne by agricultural and pasture lands shall be certified by the board and shall not be changed after final determination to establish the project, except in conjunction with a redefinition of the boundaries of or consolidation or separation of the project, and then only in the manner and within the limitations specified in conjunction therewith.

The board shall determine and certify on or before June 30 of each year the amount of acreage assessments necessary in that fiscal year for the acquisition, construction, operation, and maintenance of irrigation facilities for each project, and the acreage of agricultural and pasture land of each land occupier within the project. The department shall immediately notify the land occupiers of the amounts assessed on the respective properties and the payment due date.

(b) Upon the board's certification, the chairperson or the chairperson's designee shall determine the acreage assessment to be levied against the property of each land occupier in the following manner:

(1) By determining the amount of acreage assessments to be borne by the agricultural land and the pasture land within the project according to the proportion previously certified by the board;

(2) By dividing the amount of acreage assessment to be borne by the agricultural land by the number of cultivatable acres, excluding streams, dry gulches, and uncultivatable or unusable lands, within the project and multiplying the quotient by the number of cultivatable acres of agricultural land, except the board may by rules adopted pursuant to chapter 91 set a minimum acreage assessment for uncultivatable or unusable lands, of the occupier within the project; and

(3) By dividing the amount of acreage assessment to be borne by the pasture land by the number of acres of pasture land within the project and multiplying the quotient by the number of acres of pasture land of the land occupier within the project.

The acreage assessments shall be in addition to any real property taxes, and shall be collected by the board together with the monthly water tolls. Except in the case of public lands and lands designated as "available lands" under the Hawaiian Homes Commission Act, 1920, acreage assessments shall be a paramount lien against the entire tract, including improvements, of the land occupier of which the assessed agricultural or pasture land, or both, of the land occupier included within the project forms a part. Acreage assessments levied pursuant to this chapter shall be a lien against each lot or parcel of land assessed from the date of board certification declaring the assessment, and these liens shall have priority over all other liens except real property tax liens and prior recorded state tax liens on real property. The lien may be foreclosed in the same manner as liens for taxes in accordance with sections 231-61 to 231-70. In case of the foreclosure of any homestead land pursuant to sections 231-61 to 231-70, the foreclosure sale shall be subject to chapter 171. In the case of public lands and lands designated as "available lands" under the Hawaiian Homes Commission Act, 1920, acreage assessments shall not constitute a lien on the property involved and notice of any delinquent acreage assessment shall be served upon either the board of land and natural resources or the Hawaiian homes commission, as applicable, for payment.

(c) All or any portion of the acreage assessments collected under this chapter, as determined by the board, exclusive of acreage assessments imposed on lands within an irrigation project financed through the issuance of revenue bonds, shall be deposited into the irrigation system revolving fund. Acreage assessments imposed on lands within an irrigation project financed through the issuance of revenue bonds shall be deposited into the general fund.

(d) Water tolls fixed by the board for each project under this chapter shall be collected by the board under such reasonable rules and procedures as it may establish and may modify from time to time.

(e) All water tolls, acreage assessments, and receipts from properties sold by way of foreclosure for failure to pay acreage assessments shall be realizations of the board. [L 1987, c 306, pt of §1; am L 1992, c 97, §2; am L 1995, c 139, §4; am L 1999, c 225, §1; am L 2001, c 140, §1; am L 2011, c 124, §40; am L 2013, c 107, §3 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 142-48 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-48
Prohibited branding or marking; penalty.
Status: in_force

Any person who intentionally or knowingly places their own brand or mark on any kine, horse, mule, sheep, goat, or other cattle belonging to another or places the brand or mark of anyone other than the animal's owner with the intent to convert it to one's own use or to the use of another shall be guilty of a class C felony and, in addition to any other penalties imposed by the court, be fined not less than $1,000 for each kine, horse, mule, sheep, goat, or other cattle thus branded or marked. [PC 1869, c 25, §1; am L 1903, c 12, §1; RL 1925, §688; RL 1935, §266; RL 1945, §1075; RL 1955, §20-47; HRS §142-48; gen ch 1985 ; am L 2025, c 235, §18]
Haw. Rev. Stat. § 159-2 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-2
Findings and declaration of necessity.
Status: in_force

It is hereby declared that the meat industry is a paramount agricultural industry of this State and the production and marketing of meat is an enterprise that is of significant importance to the economy of this State and to the health of the consuming public. It is essential to the public health and welfare of consumers that they be protected by assuring that meat and meat products distributed to them are wholesome, not adulterated, and properly marked, labeled, and packaged. Unwholesome, adulterated, or misbranded meat or meat products are injurious to the public health and welfare, destroy markets for wholesome, unadulterated, and properly labeled and packaged meat and meat products and result in sundry losses to livestock producers and processors of meat and meat products, as well as injury to consumers. The unwholesome, adulterated, mislabeled, or deceptively packaged articles can be sold at lower prices and compete unfairly with the wholesome, unadulterated, and properly labeled and packaged articles, to the detriment of consumers and the public generally. It is hereby found that regulation by the department of agriculture and biosecurity and cooperation by this State with the United States Department of Agriculture as contemplated by this Hawaii Meat Inspection Act is appropriate to protect the health and welfare of consumers and otherwise to effectuate the purposes of this chapter.

Congress enacted the Meat Inspection Act in 1907 (Public Law 59-242), as amended by the Wholesome Meat Act in 1967 (Public Law 90-201) which is now redesignated as the Federal Meat Inspection Act. The Federal Meat Inspection Act is intended to protect the consuming public from adulterated or misbranded meat and meat products and to assist the states in their efforts to accomplish this objective. The Federal Meat Inspection Act authorizes the Secretary of Agriculture to furnish financial and related assistance to states for the administration of meat inspection programs which conform to established federal standards up to fifty per cent of the estimated total cost of the cooperative program. Presently, the meat processing industry in this State is not subject to any meat inspection law or rules and regulations that meet the minimum federal requirement in this area. This State, in order to qualify for the cooperative program, must demonstrate "progressive action" by November 15, 1969; and, further, all physical facilities must be upgraded in accordance with the established federal standards by November 15, 1970. Failure to comply with the federal standards prescribed by the Federal Meat Inspection Act will result in federal control of the meat and meat processing industries of the State. Accordingly, the State deems it to be in the best interest of the public health and welfare to take those steps as are necessary to qualify for federal financial and related assistance for the administration of a meat inspection program which conforms to federal standards prescribed in the Federal Meat Inspection Act. [L 1969, c 214, pt of §1 ; am L 2025, c 236, §12]
Haw. Rev. Stat. § 141-12 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-12
Agricultural food safety certification program.
Status: in_force

(a) There is established within the department of agriculture and biosecurity an agricultural food safety certification program. The program shall:

(1) Develop and implement a certification system that shall at a minimum comply with the requirements of the FDA Food Safety Modernization Act;

(2) Support the agricultural industry and assist farmers and ranchers subject to the requirements of the FDA Food Safety Modernization Act by developing and implementing a food safety certification program that will concurrently satisfy the requirements of the department of agriculture and biosecurity and the FDA Food Safety Modernization Act;

(3) Conduct research into alternative, less burdensome methods by which Hawaii's farmers and ranchers can satisfy the requirements of the FDA Food Safety Modernization Act;

(4) Establish an education program, including online classes, that addresses compliance with state and federal food safety requirements for farmers and ranchers;

(5) Serve as an information clearinghouse for all matters related to the FDA Food Safety Modernization Act and any other food safety laws; and

(6) Undertake activities to improve and sustain the safety of agricultural foods and other functions as may be assigned by law.

(b) The chairperson of the board of agriculture and biosecurity may employ:

(1) One program manager and one specialist, who are qualified to apply the provisions and requirements of the FDA Food Safety Modernization Act to the program; and

(2) One clerical staff person.

(c) For purposes of this section, "agricultural food" includes food that is applicable to farmers and ranchers under the FDA Food Safety Modernization Act. [L 2016, c 106, §1; am L 2025, c 236, §§17, 18]
Haw. Rev. Stat. § 159-33 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-33
Conduct of exotic animal inspection.
Status: in_force

Inspection of exotic animals, their carcasses, and meat and meat products derived therefrom, shall be conducted in accordance with this chapter and rules adopted pursuant to this chapter. Persons requesting and receiving inspection service under this part, and the meat and meat products derived from exotic animals that are inspected by the department under this part, shall be subject to all requirements and penalties of this chapter and of the rules adopted under this chapter.
Haw. Rev. Stat. § 150A-14 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-14
Penalty.
Status: in_force

(a) Any person who violates any provision of this chapter other than sections 150A-5, 150A-6(3), and 150A-6(4) or who violates any rule adopted under this chapter other than those rules involving an animal that is prohibited or a plant, animal, or microorganism that is restricted, without a permit, shall be guilty of a misdemeanor and fined not less than $100. The provisions of section 706-640 notwithstanding, the maximum fine shall be $10,000. For a second offense committed within five years of a prior offense, the person or organization shall be fined not less than $500 and not more than $25,000.

(b) Any person who violates section 150A-5 or 150A-58 shall be fined no less than $100 and no more than $10,000. For a second violation committed within five years of a prior violation, the person may be fined no less than $500 and no more than $25,000.

(c) Any person who:

(1) Violates section 150A-6(3) or (4), or owns or intentionally transports, possesses, harbors, transfers, or causes the importation of any snake or other prohibited animal seized under section 150A-7(b), or whose violation involves an animal that is prohibited, a plant that is restricted, or an animal or microorganism that is restricted or unlisted, without a permit, shall be guilty of a misdemeanor and subject to a fine of no less than $5,000, but no more than $20,000;

(2) Intentionally transports, transfers, possesses, harbors, or imports with the intent to propagate, sell, or release any animal that is prohibited, a plant that is restricted, or an animal or microorganism that is restricted or unlisted, without a permit, shall be guilty of a class C felony and subject to a fine of no less than $50,000, but no more than $200,000; or

(3) Intentionally imports, possesses, harbors, transfers, or transports, including through interisland or intraisland movement, with the intent to propagate, sell, or release, any pest designated by statute or rule, unless otherwise allowed by law, shall be guilty of a class C felony and subject to a fine of no less than $50,000, but no more than $200,000.

(d) Whenever a court sentences a person or organization pursuant to subsection (a) or (c) for an offense that has resulted in the escape or establishment of any pest or animal or microorganism that is restricted or unlisted and caused the department to initiate a program to capture, control, or eradicate that pest or animal or microorganism that is restricted or unlisted, the court shall also require that the person or organization pay to the state general fund an amount of money to be determined in the discretion of the court upon advice of the department, based upon the cost of the development and implementation of the program.

(e) The department may, at its discretion, refuse entry, confiscate, or destroy any prohibited, restricted, or unlisted articles that are brought into the State without a permit issued by the department, or order the return of any plant, fruit, vegetable, or any other article infested with insects, diseases, or pests to its place of origin or otherwise dispose of it or such part thereof as may be necessary to comply with this chapter. Any expense or loss in connection therewith shall be borne by the owner or the owner's agent.

(f) Any person or organization that voluntarily surrenders any pest, prohibited animal, or any restricted plant, animal, or microorganism without a permit issued by the department, prior to the initiation of any seizure action by the department, shall be exempt from the penalties of this section.

(g) For purposes of this section, "intent to propagate" shall be presumed when the person in question is found to possess, transfer, transport, harbor, or import:

(1) Any two or more animal specimens of the opposite sex that are prohibited, unlisted, or restricted, without a permit, or are a pest designated by statute or rule;

(2) Any three or more animal specimens of either sex that are prohibited, unlisted, or restricted, without a permit, or are a pest designated by statute or rule;

(3) Any plant that is restricted or microorganism that is restricted or unlisted, having the inherent capability to reproduce, without a permit; or

(4) Any specimen that is in the process of reproduction. [L 1985, c 133, §9; am L 1990, c 243, §7; am L 1991, c 104, §2; am L 1992, c 229, §5; am L 1998, c 222, §1; am L 2000, c 211, §§8 to 10; am L 2008, c 101, §2; am L 2010, c 128, §2 ; am L 2025, c 236, §31]
Haw. Rev. Stat. § 142-94 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-94
Destruction of unconfined rabbits and Belgian hares.
Status: in_force

Any police officer or other person may destroy any rabbit or Belgian hare found unconfined and no officer or other person destroying any rabbits or Belgian hares so found shall be liable for any damages for such destruction to any person claiming the ownership of the animals; provided that no officer or other person shall enter any inhabited enclosure for the purpose of taking or destroying any rabbits or Belgian hares without authority of law or under a warrant duly issued.
Haw. Rev. Stat. § 149A-29 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-29
Rules.
Status: in_force

The department shall adopt rules pursuant to chapter 91 to implement this part.