Haw. Rev. Stat. § 141-13 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-13
Hawaii healthy food incentive program; rules.
Status: in_force

(a) There is established a Hawaii healthy food incentive program for beneficiaries of the supplemental nutrition assistance program, to be developed and administered by the department of agriculture and biosecurity.

(b) Participants in the Hawaii healthy food incentive program who are beneficiaries of the supplemental nutrition assistance program shall receive a dollar-for-dollar match to be used exclusively for the purchase of Hawaii-grown fresh fruits and vegetables, or healthy proteins that are eligible for supplemental nutrition assistance as determined by the program, at a farmers' market, farm stand, mobile market, community-supported agriculture site, grocery store, or other direct food retailer that participates in the supplemental nutrition assistance program.

(c) The department of agriculture and biosecurity may consult and cooperate with private organizations to develop and implement rules to administer the Hawaii healthy food incentive program.

(d) For the purposes of this section, "farmers' market" shall have the same meaning as in section 205-2(d)(15)(D). [L 2019, c 153, §2; am L 2021, c 177, §2 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 166E-9 — HI Code / Division 1 / Title 11 / Chapter 166E / Section 166E-9
Authority to plan, develop, and manage non-agricultural park lands.
Status: in_force

In accordance with this chapter, the department may plan, develop, and manage non-agricultural park lands on:

(1) Public lands set aside by executive order for use as non-agricultural park lands pursuant to section 171-11;

(2) Other lands with the approval of the board that may be subject to a joint venture partnership agreement pursuant to section 166E-10; and

(3) Lands acquired by the department by way of foreclosure, voluntary surrender, or otherwise pursuant to section 155-4(11). [L 2006, c 157, pt of §1]
Haw. Rev. Stat. § 166-1 — HI Code / Division 1 / Title 11 / Chapter 166 / Section 166-1
Legislative findings.
Status: in_force

The legislature finds that important agricultural lands should be preserved for productive purposes; the contribution of diversified agriculture and aquaculture to export and local markets should be expanded, thereby increasing its importance in the State's economy; and continued use of the State's agricultural land resources should be ensured by providing lands to new farmers, displaced farmers, and other qualified farmers. In order to meet these goals, the objectives of the State shall include the provision of: lands of appropriate size and productive potential, with an adequate supply of water, to ensure economically viable farm operations; lands at reasonable cost with long term tenure and security from urbanization pressure; and lands with common facilities and activities to encourage farm production and distribution economies.
Haw. Rev. Stat. § 145-11 — HI Code / Division 1 / Title 11 / Chapter 145 / Section 145-11
Nuisance may be enjoined, abated.
Status: in_force

Violation of this chapter is declared a public nuisance and may be enjoined or abated in like manner as other public nuisances.
Haw. Rev. Stat. § 166-10 — HI Code / Division 1 / Title 11 / Chapter 166 / Section 166-10
Agricultural park special fund.
Status: in_force

(a) There is created in the state treasury a special fund to be designated as the agricultural park special fund. The proceeds in the fund shall be used for the following purposes:

(1) Payment of agricultural park lease rents of privately owned lands under lease to the State pursuant to sections 171-112 and 166-3;

(2) Establishing, operating, maintaining, and improving infrastructure improvements in agricultural parks designated by the department pursuant to section 166-3; and

(3) Any other purposes deemed necessary by the department for the purpose of maintaining and operating those agricultural parks and related facilities designated by the department pursuant to section 166-3.

For the purpose of paragraph (2), infrastructure improvements may include, but shall not be limited to: irrigation water system projects, wind power or hydro power and pumping systems, waste disposal systems, domestic water systems, roads, street lights, land and roads drainage, and bridges.

(b) Moneys appropriated for the purpose of the fund; any other provision of the law to the contrary notwithstanding, all moneys received or collected from an agricultural park project designated pursuant to section 166-3, including residential and agricultural lot lease rents; and all money collected or received by the department for the use and maintenance of domestic and irrigation water systems within an agricultural park and other systems enumerated in subsection (a) shall be deposited into the agricultural park special fund. All interest earned or accrued on moneys deposited in the fund shall become a part of the fund. Moneys in the fund shall be expended upon warrants drawn by the comptroller. [L 1986, c 222, pt of §1; am L 1990, c 52, §7]
Haw. Rev. Stat. § 143-11 — HI Code / Division 1 / Title 11 / Chapter 143 / Section 143-11
Redemption of stray licensed dogs.
Status: in_force

The owner of any licensed dog impounded and not claimed within twenty-four hours as provided in section 143-10, may redeem the dog at any time before the sale or destruction of the dog by paying to the animal control officer an impoundment fee per day as provided in section 143-8, for the number of days the dog was impounded.
Haw. Rev. Stat. § 161-30 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-30
Storing, handling, and transporting.
Status: in_force

The board may by regulations prescribe conditions under which poultry or poultry products, capable of use as human food, shall be stored or otherwise handled by any person engaged in the business of buying, selling, freezing, storing or transporting, in or for intrastate commerce, such poultry or poultry products, whenever the board deems such action necessary to assure that the poultry or poultry products will not be adulterated or misbranded when delivered to the consumer. Violation of any such regulation is prohibited.
Haw. Rev. Stat. § 166-8.5 — HI Code / Division 1 / Title 11 / Chapter 166 / Section 166-8.5
Rights of holders of security interests.
Status: reserved

(a) For the purpose of this section:

"Institutional lender" means a federal, state, or private lending institution licensed to do business in the State of Hawaii in making loans to qualified applicants under section 166-7 on the basis of a lease for security, in whole or in part, together with any other entity who acquires all or substantially all of an institutional lender's loan portfolio.

"Making a loan" means lending of new money after June 28, 1999 or the renewal or extension of indebtedness owing by a qualified applicant to an institutional lender.

"Security interest" means any interest created or perfected by a mortgage, assignment by way of mortgage, or by a financing statement and encumbering a lease, land demised by the lease, or personal property located at, affixed or to be affixed to, or growing or to be grown upon the demised land.

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

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

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

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

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

(B) The provisions of section 166-6(a)(1) and (2) shall not apply to the lease or the demised land during such time the institutional lender holds the lease; provided, however, that for non-monetary lease violations, the institutional lender shall first remedy the lease terms which caused the cancellation, termination, or rejection to the satisfaction of the board; provided further that the new lease issued to the institutional lender shall have a sunset date (one hundred twenty days from the effective date of issuance), when the institutional lender shall either sell or assign the lease, after which date the provisions of section 166-6(a) shall become applicable to the new lease;

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

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

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

(e) The board may include in any consent form or document such provisions not inconsistent with the intent of this section as may be required to make a lease mortgageable or more acceptable for mortgageability by an institutional lender.

(f) The purchaser, including junior lien holder, of the institutional lender's security interest, and the same is assigned to such purchaser, then the rights herein shall be exercisable by such transferee as successor in interest to the institutional lender, except that such purchase shall conform with subsection (c)(4) and, further, the transfer of such rights shall be reserved unto and exercisable only to an institutional lender. Other purchasers may not be precluded in acquiring the institutional lender's security interest but cannot have exercisable rights as successor in interest to the original institutional lender. [L 1999, c 160, §19]

Revision Note

"June 28, 1999" substituted for "the effective date of this Act".
Haw. Rev. Stat. § 147-10 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-10
Income from certification and agriculture control activities.
Status: in_force

Except for fees collected by the department pursuant to part VII, all fees, expenses, and penalties collected by the department pursuant to this part shall be deposited with the director of finance to the credit of the general fund.
Haw. Rev. Stat. § 150A-7.6 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-7.6
[ §150A-7.
Status: in_force

[ §150A-7.6] Processing fees for i mportation and possession requests. (a) There is imposed a fee for the processing of requests for the importation or possession of plants, animals, or soil that require a permit, or for the importation or possession of microorganisms that require a permit, letter of authorization, or registration under this chapter. The fee shall be paid in full at the time the request is submitted.

(b) The fees collected under this section shall be deposited into the pest inspection, quarantine, and eradication fund established under section 150A-4.5.

(c) The fees to process requests for importation and possession shall be as follows:

(1) $20 for a permit for a single shipment of restricted plants;

(2) $100 for a permit for unlimited number of shipments of restricted plants, as provided by permit, occurring within one year of the date of issuance;

(3) $20 for a permit for a single shipment of conditionally approved animals;

(4) $100 for a permit for up to an unlimited number of shipments of conditionally approved animals, as provided by permit, occurring within one year of the date of issuance;

(5) $50 for a permit for a single shipment of restricted animals that require permits for both importation and possession;

(6) $200 for a permit for up to an unlimited number of shipments of restricted animals that require permits for importation and possession, as provided by permit, occurring within one year of the date of issuance;

(7) $100 for a special permit for an unlisted animal in an emergency or disaster situation or for conducting medical or scientific research;

(8) $500 for a short-term special permit for an unlisted animal for a film production, performance, or exhibition;

(9) $2500 for a permit for plants, animals, or microorganisms that require a rule amendment to change a listing maintained by the board pursuant to section 150A-6.1, 150A-6.2, or 150A-6.3, to allow importation or possession of the organism or to otherwise accommodate the request for import or possession;

(10) $150 for a permit for a single shipment of listed or unlisted microorganisms that require permits for importation and possession;

(11) $500 for a permit for up to an unlimited number of shipments of listed or unlisted microorganisms that require a permit for importation or possession, as provided by permit, occurring within one year of the date of issuance or within a specified calendar year;

(12) $50 for a letter of authorization for import of unlisted microorganisms;

(13) $100 for an emergency permit of an unlisted microorganism or a microorganism on the list of restricted microorganisms in an emergency or disaster situation;

(14) $150 for registration to import a microbial product; and

(15) $150 for registration of a laboratory described in section 150A-6.3(f)(2).

(d) In addition to any fee under subsection (c), a fee of $250 shall be charged for the expedited processing of a permit, letter of authorization, or registration application. Expedited processing shall take no more than thirty days and shall not be available for a permit for importation or possession of plants, animals, or microorganisms that require:

(1) An amendment to rules to change the listing of the organism;

(2) Board approval; or

(3) Review as to the requirements of chapter 343. [L 2010, c 172, §2]
Haw. Rev. Stat. § 150A-56 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-56
Schedule of appropriations and expenditures for program.
Status: in_force

(a) By January 1, 2009, the department shall prepare a schedule of proposed annual appropriations for the biosecurity program for the ensuing six fiscal years that represents the department's realistic expectation as to the amounts necessary to effectively operate the program, yet remain within the constraints of projected state revenue growth.

(b) By January 1 of each fiscal year thereafter, the department shall update the schedule to include the following information, as applicable, for the immediate past fiscal year, current fiscal year, and ensuing five fiscal years:

(1) The proposed appropriations submitted or to be submitted by the department to the governor for the biosecurity program;

(2) The proposed appropriations submitted or to be submitted by the governor to the legislature in the executive or supplemental budget;

(3) The actual appropriations by the legislature; and

(4) The actual expenditures.

(c) The department shall submit each required schedule to the legislature no later than twenty days prior to the convening of each regular session of the legislature.

(d) The department may submit with each schedule a narrative commenting on the effects of any variance between the actual expenditure for the biosecurity program during a fiscal year and proposed appropriation submitted by the department to the governor for that fiscal year. [L 2008, c 236, pt of §2]
Haw. Rev. Stat. § 163D-20 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-20
[ §163D-20] Food and product innovation network; established.
Status: in_force

[ §163D-20] Food and product innovation network; established. (a) There is established within the corporation the food and product innovation network. The network shall operate under a centralized coordination structure administered by the corporation to ensure alignment in standards, programming, and strategic direction across all facilities statewide. The purpose of the food and product innovation network shall be to:

(1) Allow businesses in the State to capitalize globally on the "Hawaii made", "made in Hawaii", "produced in Hawaii", or "processed in Hawaii" brand, pursuant to section 486-119;

(2) Create world-class products; and

(3) Scale up production by providing the businesses with access to a diverse suite of manufacturing equipment and industry expertise.

(b) Partner members of the food and product innovation network shall include:

(1) Future facilities to be developed on lands set aside by executive order to the corporation in Kekaha, on the island of Kauai; a to-be-determined location on the island of Hawaii; and additional facilities on the islands of Maui, Molokai, and Oahu to expand regional support and enhance statewide coverage;

(2) The foreign-trade zone facility in Hilo, on the island of Hawaii;

(3) The university of Hawaii Maui college food innovation center, on the island of Maui; and

(4) The university of Hawaii Leeward community college value-added product development center in Wahiawa, on the island of Oahu.

(c) The food and product innovation network shall:

(1) Offer a range of resources within the wider network to support innovation and business development, including courses and events relating to food and value-added product development, entrepreneurship, marketing, branding, business management, workforce development, intellectual property protection, and other topics;

(2) Provide new product development support from early-stage trials to commercialization by establishing a network of facilities with equipment of various scales, providing expert advice, and offering resources tailored to the regional economies;

(3) Provide low-risk commercial production with appropriate certifications for exporting products and selling products locally;

(4) Provide recommendations on process optimization by offering advice and networking, identifying and testing equipment, planning trials, and analyzing results;

(5) Increase exports by securing facilities and developing compliance programs for off-shore markets; provided that each county shall have no more than two food and product innovation network facilities that produce products labeled "Hawaii made", "made in Hawaii", "produced in Hawaii", or "processed in Hawaii" pursuant to section 486-119;

(6) Develop entrepreneurs to grow the State's economy;

(7) Prepare businesses to scale up and achieve autonomous business success and sustainability;

(8) Establish pathways from early-stage innovation through commercialization, including pilot testing, certification, and support for accessing capital and distribution channels;

(9) Facilitate partnerships with research institutions, educational organizations, and private sector partners to strengthen innovation pipelines, technology transfer, and applied research opportunities; and

(10) Engage with national and international partners, including foreign innovation networks, to support shared learning, exchange of best practices, and cooperative programming that advances innovation, sustainability, and commercialization outcomes.

(d) No later than twenty days prior to the convening of each regular session, the corporation, on behalf of the food and product innovation network, shall submit a report to the legislature that includes:

(1) A description of the food and product innovation network's activities and progress in the preceding year, including the activities and progress of primary members and partner members, in response to the directives established pursuant to subsection (c);

(2) An assessment of any progress made in growing the State's agriculture industry, food industry, and related industries, and in meeting the State's food security goals; and

(3) Any proposed legislation. [L 2025, c 237, §2]
Haw. Rev. Stat. § 167-9 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-9
Security for funds deposited by board.
Status: in_force

The board of agriculture and biosecurity may by resolution provide that all moneys deposited by it shall be secured:

(1) By any securities by which funds deposited by the director of finance of the State may be legally secured, as provided in section 38-3; or

(2) By an undertaking with such sureties as shall be approved by the board faithfully to keep and pay over upon the order of the board any such deposits and agreed interest thereon, and all banks and trust companies are authorized to give any such security for the deposits. [L 1987, c 306, pt of §1 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 159-54 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-54
Enforcement.
Status: in_force

(a) Inspectors shall enforce this chapter and related rules adopted by the department.

(b) Inspectors shall be provided with suitable badges or insignia of office by the department, and shall have power to detain or impound meat or meat product that is in violation of this chapter. The division head of the division of animal industry of the department or the division head's designees shall have the power to serve and execute warrants in all matters relating to the meat inspection laws and to issue a citation for any violation of this chapter or related rules. [L 1986, c 206, pt of §1]
Haw. Rev. Stat. § 157-34.5 — HI Code / Division 1 / Title 11 / Chapter 157 / Section 157-34.5
Milk shortage.
Status: in_force

In the event of a shortage, the board shall require all milk produced within the milk shed first serve the needs of the consumers within the milk shed.
Haw. Rev. Stat. § 147-80 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-80
Administrative penalties.
Status: in_force

The department of agriculture and biosecurity may, after notice and opportunity for hearing, fine any person who violates this part or any rule adopted under this part, not more than $1,000 for each separate offense. Each day or instance of violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action.
Haw. Rev. Stat. § 141-59 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-59
Rulemaking authority.
Status: in_force

The department shall adopt rules pursuant to chapter 91 to effectuate the purpose of this part.
Haw. Rev. Stat. § 142-33 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-33
[ §142-33] Habitual agricultural crime.
Status: in_force

[ §142-33] Habitual agricultural crime. (a) A person commits the offense of habitual agricultural crime if the person is a habitual agricultural crime perpetrator and commits a criminal offense under this chapter.

(b) For the purposes of this section, "habitual agricultural crime perpetrator" means a person who, within five years of the instant offense, has any combination of three or more prior convictions for criminal offenses under this chapter or one or more prior convictions under this section. The convictions shall be for separate incidents on separate dates. The prosecution shall not be required to prove any state of mind with respect to the person's status as a habitual agricultural crime perpetrator. Proof that the person has the requisite minimum prior convictions shall be sufficient to establish this element.

(c) Habitual agricultural crime is a class C felony.

(d) For a conviction under this section, the sentence shall be either:

(1) An indeterminate term of imprisonment of five years; provided that the minimum term of imprisonment shall be not less than one year; or

(2) A term of probation of five years, with conditions to include but not be limited to one year of imprisonment; provided that probation shall only be available for a first conviction under this section. [L 2025, c 235, pt of §5]
Haw. Rev. Stat. § 141-7 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-7
General penalty.
Status: in_force

(a) Any person violating any of the provisions of chapters 141, 142, or 144 to 149A, for which violation a penalty is not otherwise provided, or violating any rule of the department of agriculture and biosecurity, or any master of any vessel which brings into the State any article which the department at any time shall prohibit from being imported into the State, or the master of any vessel from which is landed any article required in chapters 141, 142, or 144 to 149A to be inspected, before the master has received a permit to land the articles from the department or its officer or inspector, as provided by chapters 141, 142, and 144 to 149A, shall be fined not more than $500.

(b) When any landowner or land occupier fails to cooperate with the department in its pest control or eradication programs, the department may proceed with its program at the expense of the landowner or land occupier. Any person who violates this chapter or any rule adopted by the department pursuant to section 141-3 shall be fined not less than $100 nor more than $500 for the first offense, and not less than $1,000 nor more than $5,000 for each offense thereafter. [L 1903, c 44, §16; am L 1905, c 82, §3; am L 1907, c 112, §1; RL 1925, §644; RL 1935, §240; RL 1945, §1031; RL 1955, §18-18; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §141-7; gen ch 1985; am L 1986, c 339, §7; am L 1992, c 72, §3; am L 2025, c 236, §17]
Haw. Rev. Stat. § 142-3 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-3
Department; general duties and powers.
Status: in_force

(a) The department of agriculture and biosecurity shall have charge, direction, and control of all matters relating to the inspection of animals, including brand inspection, and the prevention and eradication of contagious, infectious, and communicable diseases among animals and of all matters relating to the animal industry within this chapter.

(b) In the performance of its duties under this chapter, the department of agriculture and biosecurity may:

(1) Conduct investigations, collect data, and require reports from owners of animals, including livestock animals, as may be necessary to conduct inspections or facilitate its decisions;

(2) Enter upon private property, including agricultural lands, as may be necessary in making any investigation or inspection required or authorized by this chapter; provided that the entry shall not constitute a cause of action in favor of the owner of the land, except for damages resulting from wilful acts or negligence by the department or its employees acting in the course of their official duties;

(3) Establish and assess fees pursuant to chapter 91 to cover a portion of the department's costs in carrying out the implementation and administration of any programs established or authorized under this chapter;

(4) Recover expenses incurred in taking any action required by the owner of the animals, including livestock, in the same manner that debts are recoverable by law;

(5) Assess and collect administrative penalties for violation of this chapter, any rule adopted thereunder, or order issued by the department or board of agriculture [and biosecurity] pursuant to this chapter;

(6) Place liens, as needed, on the owner's property, to be collected as delinquent taxes against lands and property, if the owner neglects to pay any costs, expenses, or penalties chargeable to the owner under this chapter, or any rule, order, or condition adopted, issued, or required under this chapter;

(7) With the assistance of the attorney general, institute and pursue all court actions that may be necessary to obtain the enforcement of any order issued by the department or board of agriculture [and biosecurity] in carrying out this chapter;

(8) Cooperate, advise, consult, contract, or enter into cooperative agreements with the United States government, or any of its agencies, other state agencies, or the county governments, or any of its agencies; and

(9) Take any and all other actions as may be necessary to carry out this chapter. [L 1905, c 82, pt of §4; am L 1915, c 136, §8; RL 1925, §609; RL 1935, §204; RL 1945, §1053; RL 1955, §20-3; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-3 ; am L 2025, c 235, §8 and c 236, §17]
Haw. Rev. Stat. § 161-49 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-49
Enforcement.
Status: in_force

(a) Inspectors shall enforce this chapter and related rules adopted by the department.

(b) Inspectors shall be provided with suitable badges or insignia of office by the department, and shall have power to detain or impound poultry or poultry product that is in violation of this chapter. The division head of the division of animal industry of the department or the division head's designees shall have the power to serve and execute warrants in all matters relating to the poultry inspection laws, to issue a citation for any violation of this chapter and related rules. [L 1986, c 207, pt of §1]
Haw. Rev. Stat. § 150A-2 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-2
Definitions.
Status: in_force

As used in this chapter the term:

"Aggregate bulk freight" means manmade, unpackaged, pre-processed, inspected and certified, homogenous particulate material, without mark or count, that is usually free-flowing and bought and sold by weight or volume, such as clean sand, gravel, crushed stone, slag, recycled concrete, and geosynthetic aggregates.

"Algae" means any plant containing chlorophyll, which lacks true roots, stems, and leaves, and typically inhabits moist habitats, except those algae on or in humans or animals in Hawaii and those in or on processed foods, beverages, or pharmaceuticals.

"Animal" means any invertebrate or vertebrate species of the animal kingdom including but not limited to mammal, bird, fish, reptile, mollusk, crustacean, insect, mite, and nematode, other than common domestic animal such as dog and cat.

"Bacteria" means any prokaryotic or archaeobacterial organism, except those bacteria on or in humans or animals in Hawaii, and those in or on processed foods, beverages, or pharmaceuticals.

"Biosecurity compliance auditor" [Definition effective January 1, 2028.] means an individual with a valid biosecurity compliance auditor certification issued under section 150A-16.3.

"Board" means the board of agriculture and biosecurity.

"Cement bulk freight" means unpackaged, homogenous cement, without mark or count, that is usually free-flowing and bought and sold by weight or volume.

"Chairperson" means the chairperson of the board of agriculture and biosecurity, or the chairperson's duly authorized agents.

"Coal bulk freight" means unpackaged, homogenous coal, without mark or count, that is usually free-flowing, bought and sold by weight or volume, and used as a fuel .

"Department" means the department of agriculture and biosecurity.

"Freight" means nonpassenger goods, cargo, or lading, transported for pay.

"Fungus" means all nonchlorophyll-bearing thallophytes, except those fungi on or in humans or animals in Hawaii, and those on or in processed foods, beverages, or pharmaceuticals.

"Import" means shipment to the State from any point outside of the State.

"Insect" means an invertebrate animal belonging to the class Insecta, including beetle, bug, fly, and other arthropods, such as spider, mite, tick, centipede, and wood louse.

"Inspect" means to examine material to ascertain the presence or absence of quarantine pests and to otherwise determine compliance with the provisions of this chapter or any rule adopted under this chapter.

"Inspector" means any employee or official of the department authorized by the board to administer and enforce the provisions of this law.

"Label" means the written, printed, or graphic matter upon the container of any article as pertaining to plant quarantine laws and regulations.

"Liquid bulk freight" means unpackaged, homogenous liquid goods, without mark or count, that are usually free-flowing and bought and sold by weight or volume, such as oil, or other complex mixture of petroleum hydrocarbons, bituminous liquids such as asphalt, gasoline, and fuel oils.

"Microbial product" means any product manufactured with known cultures of microorganisms for the purpose of bioremediation or bioaugmentation, including products such as microbial pesticides.

"Microorganism" means any unicellular microscopic organism including but not limited to algae, bacteria, fungi, protozoa, and viruses.

"Net weight" means the gross weight of the freight minus the container weight, if any.

"Passed" means the clearance status for entry given an article for import after inspection or quarantine requirements have been met.

"Pest" means any animal, insect, disease agent or other organism in any stage of development that is detrimental or potentially harmful to agriculture, or horticulture, or animal or public health, or natural resources including native biota or has an adverse effect on the environment as determined by the board.

"Protozoa" means any nonphotosynthetic eukaryotic organisms, either unicellular or composed of a group of more or less identical cells, generally motile by means of appendages or movements of the cell itself at some or all stages of their life cycle, except those protozoa on or in humans or animals in Hawaii, and those in or on processed foods, beverages, or pharmaceuticals.

"Soil" means that part of the upper layer of earth in which plants can grow; this material may or may not contain organic matter and includes such planting media as deteriorated peat, except clean coral, sand, pottery and industrial clay, volcanic cinders and other similar soil-free material.

"Transitional facility" [Definition effective January 1, 2028.] means a facility with a valid transitional facility license issued under section 150A-16.2.

"Unlisted microorganism" means any microorganism not on the lists of nonrestricted or restricted microorganisms or on the list of select human pathogen microorganisms.

"Vehicle" means any automobile, truck, tractor and similar equipment.

"Virus" means any or a class of noncellular submicroscopic obligate parasite, chiefly nucleoprotein in composition but often reducible to crystalline form, except those viruses on or in humans, or animals in Hawaii, and those on or in processed foods, beverages, or pharmaceuticals. [L 1973, c 69, pt of §1; gen ch 1985; am L 1990, c 243, §1; am L 1991, c 104, §1; gen ch 1993; am L 1995, c 193, §1; am L 1996, c 153, §2; am L 1997, c 63, §1; am L 1999, c 177, §2; am L 2000, c 211, §2; am L Sp 2008, c 3, §2; am L 2010, c 173, §3 ; am L 2025, c 236, §§17, 18, 27]
Haw. Rev. Stat. § 149A-12 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-12
Exemptions.
Status: in_force

(a) The prohibitions of section 149A-11(a) shall not apply to:

(1) Any carrier while lawfully engaged in transporting a pesticide within this State, if the carrier, upon request of the chairperson or the chairperson's duly designated officer or employee, permits the officer or employee to copy all records showing the transactions in and movement of the pesticide or device;

(2) Public officials of the State and the federal government engaged in the performance of their official duties in administering state or federal pesticide law or rule;

(3) The manufacturer or shipper of a pesticide intended only for experimental use:

(A) By or under the supervision of an agency of the State or of the federal government authorized by law to conduct research in the field of pesticides;

(B) If the pesticide is not sold and if the container is plainly and conspicuously marked "For Experimental Use Only--Not to be Sold" together with the manufacturer's name and address;

(4) Any person who establishes a guaranty signed by, and containing the name and address of, the licensee or person residing in the United States from whom the person purchased or received in good faith the pesticide in the same unbroken package, to the effect that the pesticide was lawfully licensed at the time of sale and delivery to the person and it complies with the other requirements of FIFRA. In this case the guarantor shall be subject to the penalties which would otherwise attach to the person holding the guaranty under the provisions of FIFRA; and

(5) Any person using or possessing any pesticide as provided by an experimental use permit in effect with respect to that pesticide and that use or possession.

(b) No article shall be deemed in violation of this chapter when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of this chapter shall apply. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; gen ch 1985; am L 1987, c 310, §4]
Haw. Rev. Stat. § 150A-16 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-16
[ §150A-16] Transitional facilities; uses.
Status: in_force

[ §150A-16] Transitional facilities; uses. [Section effective January 1, 2028.] (a) Upon notification by the department, items at a pier, airport, or other place where the items are first received may be transported to a transitional facility suitable for the items.

(b) Items transported pursuant to subsection (a) shall be transported in a manner that they will not spread or be likely to spread any infestation or infection of insects or diseases that may be present.

(c) All costs and expenses incident to the use of a transitional facility shall be borne by the importer or the importer's agent. For the purposes of this subsection, "import" (and any nounal, verbal, adjectival, adverbial, and other equivalent for the term used interchangeably in this subsection) means to bring or attempt to bring goods or products into the State, and includes items labeled or designated as samples, even if not intended for retail sale, subject to this chapter.

(d) No items shall be transported out of a transitional facility unless:

(1) Authorized by the department; or

(2) Certified by a biosecurity compliance auditor that the items are free of diseases, infections, infestations, and other items that the department deems relevant. [L 2025, c 236, pt of §26]
Haw. Rev. Stat. § 145-10 — HI Code / Division 1 / Title 11 / Chapter 145 / Section 145-10
Administrative penalties.
Status: in_force

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

(b) The department may, after notice and opportunity for hearing, fine any person who violates this chapter or any rule adopted under this chapter, not more than $5,000 for each separate offense. Each day or instance of violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action. [L 1951, c 74, pt of §1; RL 1955, §23-10; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §145-10; am L 1983, c 258, §4; am L 1985, c 110, §1]
Haw. Rev. Stat. § 141-3 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-3
Designation of pests; control or eradication of pests; emergency power.
Status: in_force

(a) The department of agriculture and biosecurity shall designate the coqui frog as a pest. All other pest designations shall be established by rule, including the criteria and procedures for the designation of pests for control or eradication.

(b) The department of agriculture and biosecurity shall, so far as reasonably practicable, assist, free of cost to individuals, in the control or eradication of insects, mites, diseases, noxious weeds, or other pests injurious to the environment or vegetation of value; and in the investigation, suppression, and eradication of contagious, infectious, and communicable diseases among domestic animals; and shall in like manner distribute to points where needed, beneficial insects, or pathogens and other antidotes for the control of insects, mites, diseases, or other pests injurious to the environment or vegetation of value, and for the control or eradication of vegetation of a noxious character.

(c) Notwithstanding subsection (a), if the department finds the incipient infestation of a pest that has an adverse effect on the environment or that is injurious or deleterious or that is likely to become injurious or deleterious to the agricultural, horticultural, aquacultural, or livestock industries of the State without immediate action, it may proceed without prior notice or upon a minimum of forty-eight hours notice and hearing to adopt an emergency rule for the eradication of the pest to be effective for a period of not longer than one hundred eighty days without renewal. [L 1903, c 44, §19; am L 1905, c 82, §1; RL 1925, §587; RL 1935, §177; RL 1945, §1007; RL 1955, §18-13; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §141-3; am L 1989, c 267, §2; am L 1992, c 72, §1; am L 2006, c 108, §1; am L 2025, c 236, §17]
Haw. Rev. Stat. § 157-14 — HI Code / Division 1 / Title 11 / Chapter 157 / Section 157-14
Inspection and investigation.
Status: in_force

For the purpose of enforcing this chapter, including but not limited to the provisions on licensing, setting of minimum prices and quotas, the board of agriculture and biosecurity or any of its authorized employees may enter at all reasonable hours all places within the State where milk is being produced, sold, stored, processed, or containerized, or where the books, papers, records, or documents relating to such transactions are kept, and shall have power to inspect and copy the same. It may administer oaths and take testimony for the purpose of ascertaining facts which in its judgment are necessary to administer this chapter.
Haw. Rev. Stat. § 166-11 — HI Code / Division 1 / Title 11 / Chapter 166 / Section 166-11
Lease negotiation.
Status: in_force

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

(1) As of July 1, 1996, holds a revocable permit for agricultural purposes; or

(2) Has formerly held an agricultural lease that expired within the last ten years preceding July 1, 1996, and has continued to occupy the state land; and

(3) Does not own agriculturally-zoned land of twenty-five acres or more in the State, individually or jointly with a spouse, or whose spouse does not own twenty-five acres or more of agriculturally-zoned land in the State.

(b) The land eligible for lease negotiations under this section are limited to those lands:

(1) Zoned and used for agricultural purposes;

(2) Set aside by governor's executive order to the department of agriculture and biosecurity for agricultural uses only; and

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

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

(1) Require the appraisal of the parcel to determine the fair market value;

(2) Require the payment of annual lease rent based on the fair market value established by appraisal;

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

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

(d) Within six months from July 1, 1996, the department shall notify in writing the permittees of lands eligible for lease negotiations under this section and shall inform the permittees of the terms, conditions, and restrictions provided by this section. Any permittee may apply for a lease; provided that the application shall be submitted to the department in writing within thirty days from the date of receipt of notification; provided further that the department may require documentary proof from any applicant to determine that the applicant meets eligibility and qualification requirements for a lease as specified by this section.

(e) Notwithstanding any other law to the contrary, if any lessee holds a lease having a remaining term of fifteen years or less, the department may extend the term of the lease for an additional thirty years; provided that the land covered by the lease is:

(1) Twenty-five acres or less; and

(2) Located in a county having a population of less than five hundred thousand. [L 1996, c 88, §2; am L 2023, c 213, §1 ; am L 2025, c 236, §§17, 18]
Haw. Rev. Stat. § 150A-12 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-12
Citation and summons.
Status: in_force

There shall be printed a 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 contents of such citation and summons shall be adopted or prescribed by the district courts.

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.

Every citation and summons shall be consecutively numbered and each carbon copy shall bear the number of its original. [L 1985, c 133, §7]
Haw. Rev. Stat. § 147-8 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-8
Appeal for classification; fee.
Status: in_force

Whenever any quantity of any agricultural commodity has been inspected under section 147-7 and a question arises as to whether the certificate issued with respect to the inspection shows true grade, class, quality, condition, or origin of the product, any person having a financial interest in the inspected commodity, subject to any rules adopted by the department, may appeal to the department for a reinspection and the department may reinspect and conduct appropriate tests to determine and issue a written certificate of the true grade, class, quality, condition, or origin of the product.

Whenever any appeal is made to the department under this section it shall charge and collect or cause to be collected a reasonable fee. The amount of the fee shall be fixed by rule and shall be refunded if the appeal is sustained. [L 1945, c 252, §8; RL 1955, §22-7; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-8; am L 1997, c 345, §3]
Haw. Rev. Stat. § 150A-5.4 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-5.4
Failure to pay or remit the inspection, quarantine, and eradication service fee; fines.
Status: in_force

(a) The following fines shall be imposed for failure to pay, bill, or remit the inspection, quarantine, and eradication service fee as provided for in section 150A-5.3:

(1) A person responsible for paying the freight charges to the transportation company who fails to pay the fee; or

(2) A transportation company that fails to:

(A) Bill the fee, within fifteen days of the delivery of the freight, to the person responsible for paying the freight charges to the transportation company; or

(B) Remit the fee to the department within forty-five days of collecting the fee from the person responsible for paying the freight charges to the transportation company,

shall pay a fine of two times the amount of the inspection, quarantine, and eradication service fee or $50, whichever is higher.

(b) All fines shall be paid to the department and deposited into the pest inspection, quarantine, and eradication fund under section 150A-4.5. [L 2010, c 173, §2]
Haw. Rev. Stat. § 142-45 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-45
Using other's brand prohibited; penalty.
Status: in_force

It shall be unlawful for any person other than the registered owner to use any brand or mark that has been duly registered or reregistered according to law and for which the registration or reregistration has not expired, except by the consent of the registered owner, the registered owner's personal representatives or assigns. Any person violating this section shall be fined $200 for each animal so branded or marked.
Haw. Rev. Stat. § 142-42 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-42
Expiration of registration, reregistration.
Status: in_force

Each brand registered under section 142-41 shall expire on December 31, 1960, and at each five year interval thereafter unless reregistered during the one hundred twenty days preceding date of expiration.
Haw. Rev. Stat. § 142-43 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-43
Right to a brand determined by department.
Status: in_force

The department of agriculture and biosecurity shall determine conflicting claims by the applicants for a brand of similar or approximate design and in so doing shall be guided by the length of time each has used the brand, record of original registration, the number of animals then branded by each, and the priority of application.
Haw. Rev. Stat. § 147-115 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-115
Certificate as evidence.
Status: in_force

A certificate issued under this part and all certificates issued under the authority of the Congress of the United States relating to matters covered by this part shall be acceptable in any court of this State as prima facie evidence of the status of a business or product at the time of its audit.
Haw. Rev. Stat. § 141-52 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-52
Aquaculture program.
Status: in_force

(a) There is established within the department an aquaculture program that shall:

(1) Monitor actions taken by industry and by federal, state, county, and private agencies in activities relating to aquaculture, and promote and support worthwhile aquaculture activities;

(2) Serve as an information clearinghouse for aquaculture activities;

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

(4) Actively seek federal funding for aquaculture activities;

(5) Undertake activities required to develop and expand the aquaculture industry; and

(6) Perform other functions and activities that may be assigned by law.

(b) The chairperson may employ temporary staff exempt from chapter 76 for the aquaculture program. [L 2022, c 134, pt of §2]
Haw. Rev. Stat. § 142-69 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-69
Stallions.
Status: in_force

Every person on whose land any stallion of twelve months old or upwards is found trespassing, may, without any notice, cause the stallion to be impounded, and the owner shall pay to the person upon whose land the trespass is committed $10 for every trespass, to be collected by the pound keeper as provided by any ordinance relating thereto.
Haw. Rev. Stat. § 163D-16 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-16
Use of public lands; acquisition of state lands.
Status: in_force

(a) Notwithstanding chapter 171 to the contrary, the governor may transfer lands located within a project area to the corporation for its use.

(b) If state lands under the control and management of other public agencies are required by the corporation for its purposes, the agency having the control and management of those required lands, upon request by the corporation and with the approval of the governor, may lease the lands to the corporation upon such terms and conditions as may be agreed to by the parties.

(c) Notwithstanding subsection (b) to the contrary, no public lands shall be leased to the corporation if the lease would impair any covenant between the State or any county, or any department or board thereof, and the holders of bonds issued by the State or the county, department, or board. [L 1994, c 264, pt of §1]
Haw. Rev. Stat. § 147-2 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-2
Duties of department; violations; proceedings; penalties.
Status: in_force

The department shall administer and enforce this part and rules adopted by the department pursuant thereto.

The following penalties, remedies, procedures, and actions shall apply in instances of violations and complaints of violations of this part, or of the rules adopted by the department under the authority of this part:

(1) Administrative penalty. The department may, after notice and opportunity for hearing, fine any person who violates this part or any rule adopted under this part, not more than $1,000 for each separate offense. Each day or instance of violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this paragraph shall be considered a civil action;

(2) Nuisance may be enjoined, abated. Violation of this part or of any rule adopted thereunder is declared a public nuisance and may be enjoined or abated as such in a suit filed and prosecuted in the circuit court by the department or the attorney general. The several circuit courts are hereby vested with jurisdiction to prevent and restrain violation of this part or of any rule effective thereunder;

(3) Misdemeanor. Any person who violates this part or any rule adopted under this part shall be fined not more than $1,000 or imprisoned not more than one year, or both;

(4) The penalties and remedies prescribed in this section with respect to any violation mentioned in this section shall be concurrent and alternative and neither singly nor combined shall the same be exclusive and either singly or combined the same shall be cumulative with any and all other civil, criminal, or alternative rights, remedies, or penalties provided or allowed by law with respect to any such violation; and

(5) Nothing in this section shall prohibit the county police departments and county prosecutors or state law enforcement agencies from investigating and enforcing criminal violations of this chapter. [L 1945, c 252, §2; RL 1955, §22-2; am L Sp 1959 2d, c 1, §§14, 22; am L 1961, c 132, §2; am L 1963, c 114, §1 and c 193, §8; HRS §147-2; am L 1983, c 257, §3; am L 1985, c 111, §1; am L 2012, c 328, §2]
Haw. Rev. Stat. § 159-48 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-48
Refusal and withdrawal of inspection.
Status: in_force

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

For the purpose of this section a person shall be deemed to be responsibly connected with the business if the person was a partner, officer, director, holder, or owner of ten per cent or more of its voting stock or an employee in a managerial or executive capacity. The determination and order of the board with respect thereto under this section shall be final and conclusive unless the affected applicant for, or recipient of, inspection service files application for judicial review within thirty days after the effective date of such order in the appropriate court as provided in part VII. Judicial review of any such order shall be upon the record upon which the determination and order are based. [L 1969, c 214, pt of §1; gen ch 1985; am L 1990, c 139, §12; am L 1991, c 88, §1]
Haw. Rev. Stat. § 150A-57 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-57
Annual report.
Status: in_force

The department shall submit an annual report on the biosecurity program to the legislature no later than twenty days prior to the convening of each regular session of the legislature. The report shall include:

(1) The schedule required under section 150A-56;

(2) The status of each activity required by Act 243, Session Laws of Hawaii 2016, including for each activity:

(A) All expenditures;

(B) Descriptions of and the purposes of any activity-related travel;

(C) Workforce allocation; and

(D) Measure of effectiveness;

(3) Summary of interisland inspections and export inspection activities;

(4) Projections by year of future expenditures and future acreage to be under pest management by crop;

(5) Activities yet to be completed, and, if applicable, an explanation why they were not completed; and

(6) Real-time geographic information system map data, coordinated data collection, work plans, memorandums of understanding, and contracts for service related to advancing the State's invasive pest control and eradication biosecurity efforts. [L 2008, c 236, pt of §2; am L 2016, c 243, §2; am L 2024, c 231, §5]
Haw. Rev. Stat. § 145-8 — HI Code / Division 1 / Title 11 / Chapter 145 / Section 145-8
Duty of department.
Status: in_force

The department of agriculture and biosecurity shall administer and enforce this chapter.
Haw. Rev. Stat. § 149A-37 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-37
Exemptions.
Status: in_force

(a) Exemption from this chapter may be granted by the department to the University of Hawaii and other state and federal agencies for experimental or research work directed toward obtaining knowledge of the characteristics and proper usage of unspecified or experimental pesticides. Research and experimental work conducted by private agencies with adequate research facilities may also be similarly exempted upon approval by the department. Approval shall be in writing stating the specific exemptions and conditions.

(b) Any pesticide exempted by the Administrator of the EPA pursuant to Title 7, United States Code, section 136w(b), shall be exempt from this chapter, if the pesticide product meets the terms and conditions of the EPA's exemption, except for pesticides that the department has determined by rule may cause unreasonable adverse effects on the environment. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 2000, c 154, §5]
Haw. Rev. Stat. § 163D-32 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-32
Acquisitions; payment.
Status: in_force

(a) If the landowner agrees to the sale of the interest in lands pursuant to section 163D-31, the landowner and the corporation shall agree on whether the landowner shall receive payment for the interest in a lump sum or through an installment purchase agreement pursuant to section 163D-33.

(b) The corporation may make payments from moneys appropriated by the legislature. [L 2008, c 234, pt of §6]
Haw. Rev. Stat. § 167-16 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-16
Consideration of petitions; notice and hearing.
Status: in_force

When more than one petition is filed covering portions of the same territory, the board of agriculture and biosecurity may consolidate the petitions. Having received the petitions, on the basis of such evidence as may be submitted to it by the petitioners and on the findings of investigations or surveys made by or for it, or by other governmental agencies, the board shall establish such irrigation projects as it deems necessary to carry out the purposes of this chapter. Before making a final determination to establish a project or projects, the board shall hold a hearing, notice of which shall be duly advertised in the same manner and form, as nearly as may be, as provided in section 167-17.
Haw. Rev. Stat. § 147-78 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-78
Seller's invoice.
Status: in_force

Every person, in selling eggs to a retailer, shall furnish to the retailer an invoice showing the exact grade or quality and the size or weight of the eggs according to the standards prescribed by the department of agriculture and biosecurity. A copy of the invoice shall be kept on file by the person selling and by the retailer at their respective places of business for a period of thirty days, and shall be available for inspection at all reasonable times by accredited inspectors or representatives of the department.
Haw. Rev. Stat. § 142-10 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-10
Importing prohibited, when.
Status: in_force

The governor, notwithstanding anything in this chapter, may, from time to time by proclamation declaring any port or country to be infected, absolutely prohibit the introduction of any animals therefrom until the restriction is removed.
Haw. Rev. Stat. § 168-1 — HI Code / Division 1 / Title 11 / Chapter 168 / Section 168-1
Administration of chapter.
Status: in_force

The board of agriculture and biosecurity in its irrigation water development program is charged with the administration of this chapter.
Haw. Rev. Stat. § 165-4 — HI Code / Division 1 / Title 11 / Chapter 165 / Section 165-4
Right to farm.
Status: in_force

No court, official, public servant, or public employee shall declare any farming operation a nuisance for any reason if the farming operation has been conducted in a manner consistent with generally accepted agricultural and management practices. There shall be a rebuttable presumption that a farming operation does not constitute a nuisance.

Revision Note

Subsection designation deleted pursuant to §23G-15.
Haw. Rev. Stat. § 167-5 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-5
Powers.
Status: in_force

In addition to any other powers granted to the board of agriculture and biosecurity for the purpose of carrying out all of its functions and duties, the board shall have the following powers for the purposes of this chapter:

(1) To acquire by eminent domain, water and water sources either above or underground, watershed, reservoir sites, rights-of-way over lands and property for paths, trails, roads, and landing sites, ditches, tunnels, flumes, reservoirs, and pipelines necessary or proper for the construction and maintenance of water facilities for conveying, distributing, and transmitting water for irrigation and domestic use and for such other purposes as may properly fall within the scope of its activities in creating, managing, controlling, operating, and maintaining irrigation water facilities, any of which purposes shall be held to be for a public use and purpose;

(2) To make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the board, including, without prejudice to the generality of the foregoing, contracts and other instruments for the purchase or sale of water and for the purchase or lease of water facilities for irrigation of the area, including but not limited to the production of agricultural products and the land on which the facilities are situated, and for securing to the owners and occupiers of land already using water in a project a priority right to so much water from those of their sources and facilities which are taken over for the project as is required for the purposes or needs of the land, whether agricultural or nonagricultural in nature, as such purposes or needs exist at the inception of the project or are then contemplated in the immediate future;

(3) To make and from time to time amend and repeal bylaws and rules, not inconsistent with this chapter, which upon compliance with chapter 91 shall have the force and effect of law, to carry into effect the powers and purposes of the board;

(4) To make surveys for the purposes of determining the engineering and economic feasibility of each project;

(5) To conduct or have prepared comprehensive studies of the crops, livestock, and poultry which may be profitably grown or produced within each project and the probable market for such crops, livestock, and poultry;

(6) To conduct feasibility studies of the economic potential of the area;

(7) To determine the probable costs and value of providing water for irrigation in any proposed project;

(8) To investigate and make surveys of water resources, including the possibility and feasibility of inducing rain by artificial or other means;

(9) To define and redefine the boundaries of projects and to consolidate or separate projects, existing or proposed pursuant to this chapter, provided that in the event the redefinition of the boundaries or the consolidation or separation previously effected increased the total amount required to be derived from acreage assessments upon lands within the existing project or projects by more than five per cent or will require an increase in the tolls charged for water supplied to the lands or will reduce the amount of water normally available for distribution to the lands, then the redefinition, consolidation, or separation may be accomplished only after notice has been published and a public hearing held as required for the formation of a project upon the initiative of the board. At the hearing, right to protest and the procedure relative to protest shall be the same as specified in section 167-17 concerning the formation of projects, and the proposed redefinition of boundaries, consolidation, or separation of projects shall not be accomplished if protests, such as would be sufficient to prevent the action if it were the formation of a project, are filed by owners and lessees of land within the existing projects or projects affected thereby.

The board is empowered, upon petition of land occupiers as provided by section 167-13, or upon petition of the Hawaiian homes commission or upon its own initiative, to prepare detailed plans for the acquisition or construction of facilities for irrigation or for economic development which in its opinion are economically feasible, to prepare estimates of the probable cost of each, and to prepare estimates of the water tolls and acreage assessments required for the cost of operation and the amortization of the investment of each project, so that the project shall be self-supporting. [L 1987, c 306, pt of §1 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 142-71 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-71
Procedure to recover animals; owner notified before impounding.
Status: in_force

Where any animals are taken up for trespass, the owner, if known, shall be immediately notified, if reasonably practicable, of the fact, and of the amount of damage and trespass fees claimed, and if the owner refuses or fails to pay the legal charges, or in case the owner is unknown, then the animals shall be impounded forthwith.
Haw. Rev. Stat. § 165-1 — HI Code / Division 1 / Title 11 / Chapter 165 / Section 165-1
Findings and purpose.
Status: in_force

The legislature finds that when nonagricultural land uses extend into agricultural areas, farming operations often become the subject of nuisance lawsuits that may result in the premature removal of lands from agricultural use and may discourage future investments in agriculture. The legislature also finds that under the Hawaii State Planning Act, it is a declared policy of this State to "foster attitudes and activities conducive to maintaining agriculture as a major sector of Hawaii's economy." Accordingly, it is the purpose of this chapter to reduce the loss to the State of its agricultural resources by limiting the circumstances under which farming operations may be deemed to be a nuisance.
Haw. Rev. Stat. § 159-28 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-28
Bribery.
Status: in_force

Any person or employee of any person, who shall give, pay, or offer, directly or indirectly, to any inspector, or any other officer or employee of the State authorized to perform any of the duties prescribed by this chapter or by the rules of the board, any money or other thing of value, with intent to influence the inspector, or other officer or employee of this State, in the discharge of any duty shall be guilty of a class C felony; provided the minimum sentence shall be a $5,000 fine and a three-year term of imprisonment. Any inspector, or other officer or employee of this State authorized to perform any of the duties prescribed by this chapter, who shall accept any money, gift, or other thing of value from any person, or officers, agents, or employees thereof, given with intent to influence the inspector's, officer's, or employee's official action, or who shall receive or accept from any person engaged in intrastate commerce subject to this chapter any gift, money, or other thing of value given with or without intent to influence the inspector's, officer's, or employee's official actions, shall be discharged from office and shall be guilty of a class C felony, provided the minimum fine shall be $1,000.
Haw. Rev. Stat. § 163D-11 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-11
Revenue bonds; interest rate, price, and sale.
Status: in_force

(a) The revenue bonds issued pursuant to this chapter shall bear interest at such rate or rates and shall be payable on such date or dates, as the corporation shall determine.

(b) The corporation shall include the costs of undertaking the project facility for which the revenue bonds are issued in determining the principal amount of revenue bonds to be issued. In determining the cost of undertaking the project facility, the corporation may include:

(1) The cost of constructing, acquiring, remodeling, furnishing, and equipping the project facility, including the acquisition of the site thereof;

(2) The cost of purchasing or funding loans or other agreements entered into for the project facility;

(3) The costs of studies and surveys;

(4) Insurance premiums;

(5) Underwriting fees;

(6) Financial consultant, legal, accounting, and marketing services incurred;

(7) Reserve account, trustee, custodian, and rating agency fees; and

(8) Any capitalized interest.

(c) The revenue bonds may be sold at public or private sale, and for a price as may be determined by the corporation. [L 1994, c 264, pt of §1]
Haw. Rev. Stat. § 143-6 — HI Code / Division 1 / Title 11 / Chapter 143 / Section 143-6
Lost dog tags.
Status: in_force

If any license tag is lost or stolen, the person to whom the tag was issued shall be entitled to receive a duplicate thereof by presenting to the director of finance who issued the license the original license and satisfactory proof that the tag was lost or stolen.
Haw. Rev. Stat. § 163D-15.6 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-15.6
Commitment and preservation of agricultural leases.
Status: in_force

(a) The agribusiness development corporation shall work toward obtaining commitments from landowners in the leeward and central districts of Oahu that their agricultural leases shall be for a duration of twenty or more years and shall not be amended or revoked to allow for a nonagricultural use of the land; provided that for lands in central Oahu acquired under Act 234, Session Laws of Hawaii 2008, the agricultural leases shall be for no more than fifty-five years.

(b) To further ensure the preservation of agriculture in the leeward and central districts of Oahu, the agribusiness development corporation shall monitor the agricultural leases of lands using the water from the Waiahole water system. In the event of any proposed amendment or revocation of any lease, the corporation shall do all things within its powers under this chapter to protect and defend the interests of the agricultural leaseholders to ensure the continuation of agricultural use for those lands. [L 1998, c 111, §16; am L 2008, c 234, §4]
Haw. Rev. Stat. § 147-23 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-23
Prohibited acts.
Status: in_force

(a) No commercial exporter shall ship any fresh or processed agricultural commodities to points outside the State unless such products meet the quality, condition, and labeling requirements of the rules adopted under this part.

(b) No Hawaii-grown coffee beans shall be shipped outside the area of their geographic origin to any point within the State or outside the State unless the coffee bean package containing the beans has been marked with or contains documentation of geographic origin approved by the department. [L 1955, c 258, §5; RL 1955, §22-23; am L 1959, c 267, §1; HRS §147-23; am L 1983, c 257, pt of §5; am L 1985, c 5, §2; am L 1997, c 345, §4; am L 2012, c 328, §5]
Haw. Rev. Stat. § 166E-5 — HI Code / Division 1 / Title 11 / Chapter 166E / Section 166E-5
Extension of qualified and encumbered non-agricultural park lands transferred to and managed by the department.
Status: in_force

Notwithstanding chapter 171, the board shall establish criteria and rules to allow the cancellation, renegotiation, and extension of transferred encumbrances by the department. Notwithstanding any law to the contrary, qualified and encumbered non-agricultural park lands transferred to the department shall not have the respective length of term of the lease or rents reduced over the remaining fixed term of the applicable encumbrances.
Haw. Rev. Stat. § 161-2 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-2
Findings and declaration of necessity.
Status: in_force

It is hereby declared that the poultry industry is a paramount agricultural industry of this State and the production and marketing of poultry is an enterprise that is of significant importance to the economy of the 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 poultry or poultry products distributed to them are wholesome, not adulterated, and properly marked, labeled, and packaged. Unwholesome, adulterated, or misbranded poultry or poultry products are injurious to the public health and welfare, destroy markets for wholesome, not adulterated, and properly labeled and packaged poultry or poultry products, and result in sundry losses to poultry producers and processors of poultry 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, not adulterated, 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 chapter is appropriate to protect the health and welfare of consumers and otherwise to effectuate the purposes of this chapter.

The 90th Congress enacted Public Law 90-492, entitled "The Wholesome Poultry Products Act", which is now redesignated as the "Poultry Products Inspection Act". The Poultry Products Inspection Act is intended to protect the consuming public from adulterated or misbranded poultry or poultry products and to assist the states in their efforts to accomplish this objective. The Poultry Products Inspection Act authorizes the United States Secretary of Agriculture to furnish financial and related assistance to states for the administration of poultry inspection programs which conform to established federal standards up to fifty per cent of the estimated total cost of the cooperative program. Hawaii's poultry industry is not subject to poultry inspection law or rules and regulations that meet the minimum federal requirement in this area. In order to qualify for the cooperative program, the State must demonstrate "progressive action" by July 18, 1970; and, further, all physical facilities must be upgraded in accordance with the established federal standards by July 18, 1971. Failure to comply with the standards prescribed by the Poultry Products Inspection Act will result in federal control of the poultry or poultry processing industries of the State. Accordingly, the State of Hawaii deems it to be in the interest of the State's public health and welfare to take steps as are necessary to qualify for federal financial and related assistance for the administration of a poultry inspection program which conforms to federal standards prescribed in the Poultry Products Inspection Act. [L 1969, c 212, §2; am L 1993, c 92, §1 ; am L 2025, c 236, §13]
Haw. Rev. Stat. § 141-54 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-54
Aquaculture development special fund.
Status: in_force

(a) There is established in the state treasury the aquaculture development special fund into which shall be deposited:

(1) Appropriations from the legislature;

(2) Moneys collected as fees for special microbiological and histological procedures and expert aquaculture-related services;

(3) Moneys collected from the sale of any item related to aquaculture development that is purchased from the department;

(4) Moneys directed to the aquaculture program from any other sources, including but not limited to grants, gifts, and awards; and

(5) Moneys derived from interest, dividend, or other income from the above sources.

(b) Moneys in the aquaculture development special fund shall be used to:

(1) Implement the aquatic disease management programs and activities of the department, including the provision of state funds to match federal grants; and

(2) Support research and development programs and activities relating to the expansion of the state aquaculture industry. Research and development programs and activities funded under this paragraph may be conducted by department personnel or through contracts with the University of Hawaii or other qualified persons. [L 2022, c 134, pt of §2]
Haw. Rev. Stat. § 163D-15 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-15
Trust indenture.
Status: in_force

(a) A trust indenture may contain covenants and provisions authorized by part III of chapter 39, and as may be deemed necessary or convenient by the corporation for the purposes of this chapter.

(b) A trust indenture may allow the corporation to pledge and assign to the trustee loans and other agreements related to the project facility, and the rights of the corporation thereunder, including the right to receive revenues thereunder and to enforce the provision thereof.

(c) A trust indenture shall also contain provisions as to:

(1) The investment of the proceeds of the revenue bonds, the investment of any reserve for the bonds, the investment of the revenues of the project facility, and the use and application of the earnings from investments; and

(2) The terms and conditions upon which the holders of the revenue bonds or any portion of them or any trustee thereof may institute proceedings for the foreclosure of any loan or other agreement or any note or other undertaking, obligation, or property securing the payment of the bonds and the use and application of the moneys derived from the foreclosure.

(d) A trust indenture may also contain provisions deemed necessary or desirable by the corporation to obtain or permit, by grant, interest, subsidy, or otherwise, the participation of the federal government in the financing of the costs of undertaking the project facility. [L 1994, c 264, pt of §1]
Haw. Rev. Stat. § 163D-42 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-42
[ §163D-42] Interagency food systems working group.
Status: in_force

[ §163D-42] Interagency food systems working group. (a) There is established within the corporation an interagency food systems working group.

(b) The working group shall consist of the following members:

(1) The chairperson of the board of agriculture [and biosecurity], or the chairperson's designee, who shall serve as co-chair;

(2) The director of business, economic development, and tourism, or the director's designee, who shall serve as co-chair;

(3) One member of the house of representatives, to be selected by the speaker of the house of representatives;

(4) One member of the senate, to be selected by the president of the senate; and

(5) Members with relevant experience, to be invited by the co-chairs.

(c) The interagency food systems working group shall:

(1) Develop governance, decision-making, and operating protocols;

(2) Coordinate with county and community-led organizations that are involved with food systems planning;

(3) Identify resources to support interagency food systems coordination and implementation efforts;

(4) Develop internal and external communication processes;

(5) Create time-bound implementation plans and ways to measure progress toward statewide food systems goals; and

(6) Utilize policy impact analysis tools to evaluate proposed actions.

(d) The interagency food systems working group shall submit a report of its activities and any recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session.

(e) The department of business, economic development, and tourism shall provide any necessary administrative support to the statewide interagency food systems coordination team and the interagency food systems working group established under this part. [L 2025, c 239, pt of §2]
Haw. Rev. Stat. § 159-24 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-24
Sanitation.
Status: in_force

The board shall cause to be made by veterinarian or meat inspector, the inspection of all slaughtering, meat-canning, salting, packing, rendering, or similar establishments in which cattle, sheep, swine, goats, horses, mules, and other equines are slaughtered and the meat or meat products thereof are prepared solely for intrastate commerce as may be necessary to inform itself concerning the sanitary conditions of the same, and to prescribe the sanitation under which the establishments shall be maintained; and where the sanitary conditions of any establishments are such that the meat or meat products are rendered adulterated, it shall refuse to allow the meat or meat products to be labeled, marked, stamped, or tagged as "Hawaii Inspected and Passed".
Haw. Rev. Stat. § 147-4 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-4
Rules.
Status: in_force

The department may make rules, subject to chapter 91:

(1) Defining grades and grade labeling requirements of agricultural commodities and standard containers for packing of particular agricultural commodities;

(2) Prohibiting the sale, offering for sale, or transportation of agricultural commodities unless packed in standard containers and labeled with the appropriate grade or offgrade designation; provided that this prohibition shall not apply to the sale, offering for sale, or transportation to a plant for grading, packing, or processing, or transportation to a warehouse for storage;

(3) Prohibiting the use of grade terms or abbreviations of grade terms on agricultural commodities for which no grades have been established under this part;

(4) Defining "suitable shipping condition" for agricultural commodities which are to be shipped for sale from one island to another within the State or to points outside the State, and prohibiting such shipment for sale of agricultural commodities which do not meet the minimum standards set for "suitable shipping condition";

(5) Prescribing records to be kept in connection with purchases of agricultural commodities by persons, other than produce dealers purchasing from a producer or producers, for purposes of resale five or more tons of agricultural commodities during any one calendar month;

(6) Prescribing records to be kept by produce dealers in connection with the purchase, sale, transport for sale, solicitation, or negotiation of sale with respect to an agricultural commodity; and

(7) Relating to the inspection and documentation of the geographic origin of Hawaii-grown green coffee beans.

In making the rules the department shall take into account, among other things, the factors of maturity, condition, soundness, color, shape, size, and freedom from defects of the agricultural commodity in question and shall also take into consideration the official standards, grades or classifications adopted by the secretary of the Department of Agriculture of the United States, commonly known as U.S. Grades. [L 1945, c 252, §4; RL 1955, §22-4; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; am L 1965, c 73, §4; HRS §147-4; am L 1991, c 134, §1; am L 2012, c 328, §3]
Haw. Rev. Stat. § 159-55 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-55
Citation and summons.
Status: in_force

(a) There shall be printed a 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 contents 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 206, pt of §1]
Haw. Rev. Stat. § 150-22 — HI Code / Division 1 / Title 11 / Chapter 150 / Section 150-22
Rules.
Status: in_force

Subject to chapter 91, the department may adopt rules with respect to:

(1) Designation of noxious weed seed for the purpose of this chapter;

(2) Maximum amount of noxious weed seed and other weed seed which may be found in agricultural or vegetable seed sold in the State;

(3) Germination standards for agricultural and vegetable seed;

(4) Inspection, sampling, and testing of seed at the request of interested persons, and charges to be made for these services; and

(5) Other requirements regarding the sale and labeling of seed and seed licenses, including the license fee, as it deems necessary to effectuate this chapter.

In adopting rules with respect to standards for agricultural and vegetable seed and tolerances of noxious weed seed, the department shall follow as closely as practicable the standards and tolerances of the Federal Seed Act, or as adopted by the Association of Official Seed Analysts. [L 1945, c 90, pt of §2; RL 1955, §26-6; am L Sp 1959 2d, c 1, §22; am L 1961, c 103 and c 132, §2; HRS §150-22; am L 1979, c 87, §1; am L 1987, c 164, §4; am L 1991, c 73, §2; am L 1992, c 98, §1; am L 2003, c 49, §9]
Haw. Rev. Stat. § 157-31 — HI Code / Division 1 / Title 11 / Chapter 157 / Section 157-31
Petition to establish, revise, or terminate minimum prices, salvage values, and quotas.
Status: in_force

(a) Upon petition by the producers and producer-distributors who produce fifty-five per cent of the milk in a milk shed, or by fifty-five per cent of all producers in a milk shed, or upon the board's own motion, the board shall adopt rules pursuant to chapter 91 to:

(1) Establish, revise, or terminate the minimum prices or salvage values for milk to be paid to producers and producer-distributors or the quotas for the production of milk in a milk shed, or any of them; or

(2) Establish specific formulas or criteria for determining the minimum prices or salvage values for milk to be paid to producers and producer-distributors or the quotas for the production of milk in a milk shed, or any of them.

For the purposes of this section, each producer-member of an agricultural cooperative shall be counted as a producer, and an agricultural cooperative shall not be counted as a producer or as a producer-distributor.

(b) Public hearings to establish, revise, or terminate minimum prices, salvage values, and quotas or to establish specific formulas or criteria for setting minimum prices, salvage values, or quotas, shall not constitute a contested case as defined by chapter 91. [L 1967, c 260, §20; HRS §157-31; am L 1971, c 184, pt of §4; ree L 1972, c 40, pt of §2; am L 1977, c 96, §2; am L 1997, c 118, §§2, 6; am L 1998, c 19, §1]
Haw. Rev. Stat. § 143-19 — HI Code / Division 1 / Title 11 / Chapter 143 / Section 143-19
Penalty.
Status: in_force

Any person violating any of the provisions of this chapter for which no special penalty is provided shall be fined not more than $50.
Haw. Rev. Stat. § 145D-2 — HI Code / Division 1 / Title 11 / Chapter 145D / Section 145D-2
Exceptions to liability.
Status: in_force

(a) Any donor of food products, who in good faith donates the food for the use or distribution by a charitable, religious, or nonprofit organization to needy persons shall not be liable for any civil damages or criminal penalties for any injuries or illnesses, including but not limited to injuries or illnesses resulting from the nature, age, condition, packaging, or handling of the donated food products, except for damages that result from the donor's gross negligence or wanton acts or omissions.

(b) A charitable, religious, or nonprofit organization that:

(1) Receives food pursuant to subsection (a) that is apparently fit for human consumption; and

(2) Distributes the food in good faith to needy persons at no charge,

shall not be liable for any civil damages or criminal penalties resulting from the condition of the food unless an injury or illness results from its gross negligence, or wanton acts or omissions.

(c) This section shall not relieve any organization from any other duty imposed by law for the inspection of donated food products or for any provisions regarding the handling of those products.

(d) The exceptions to liability specified in subsection (a) shall include:

(1) The donation of perishable or nonperishable food that has exceeded the labeled shelf life date recommended by the manufacturer;

(2) The donation of farm produce; provided that the good-faith donor or distributor reasonably believes that the food is fit for human consumption; and

(3) The donation of livestock or wild game meat; provided that the good-faith donor harvested the meat in a food-safe manner and processed the meat in accordance with federal law and the distributor reasonably believes that the food is fit for human consumption.

(e) For the purposes of this section:

"Donor" means any individual, food vendor, food manufacturer, food distributor, grocery or convenience store, charitable or nonprofit organization, butcher, meat processor, or government agency that donates food to needy persons where the food in question has been prepared and packaged in a facility meeting all relevant food safety guidelines, certifications, and requirements and has passed all food safety inspections.

"Farm produce" means all agricultural, horticultural, and vegetable produce of the soil, but does not include poultry, poultry products, livestock and livestock products, aquaculture and aquaculture products, and timber or timber products. [L 1982, c 260, pt of §2; am L 2021, c 159, §2; am L 2023, c 54, §2]
Haw. Rev. Stat. § 142-66 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-66
On public roads, lands.
Status: in_force

If any animal mentioned in section 142-63 trespasses or strays on any of the government roads bounded on both sides by legal fence, or upon any government land which is not used for animal husbandry situated in the counties of Hawaii, Maui and Kauai and the city and county of Honolulu, any police officer or such person as may be thereunto authorized by ordinance of the councils of said counties and city and county, may take up the animal and impound the same as said councils shall provide. The owner of the animals so taken up or impounded shall pay to the police officer or such person as may be authorized fees as provided in section 142-70 hereof. In addition, if any damage is done by the animals to a government road or land or improvements thereon, the owner thereof shall further pay such amount as shall be fixed by the directors of finance of said counties or city and county. In case the charges and pound fees are not paid, the animals impounded shall be sold at public auction as provided by any ordinance relating thereto.
Haw. Rev. Stat. § 142-6 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-6
Quarantine.
Status: in_force

The department of agriculture and biosecurity may quarantine any animal known to be affected with, to have been exposed to, or to be susceptible to, any contagious, infectious, or communicable disease, and destroy the same, when in the opinion of the department, such measure is necessary to prevent the spread of the disease. The department of agriculture and biosecurity may also require disinfection of premises and materials contaminated by or exposed to disease, including the proper disposition of hides and carcasses if, in the opinion of the department, such measures are necessary to prevent the spread of disease.
Haw. Rev. Stat. § 155-5.5 — HI Code / Division 1 / Title 11 / Chapter 155 / Section 155-5.5
Loans guaranteed by the department.
Status: in_force

(a) The department of agriculture and biosecurity may guarantee up to ninety per cent of the principal balance of a loan, plus interest due thereon, made to a qualified farmer, qualified food manufacturer, or cooperative by a private lender; provided that at no time shall the aggregate amount of the State's liability, contingent or otherwise, on loans guaranteed under this section and sections 155-5, 155-6, and 155-6.5 exceed $10,000,000.

(b) Loans guaranteed under this section shall be limited by the provisions of sections 155-9 through 155-13 for purposes of classes "A", "B", "C", "D", "E", "F", "G", "H", and "I"; provided that class "E" loans to food manufacturers shall not be subject to section 155-10.

(c) Loans made under this section shall not be subject to the restrictions in section 155-3.

(d) Interest charged on a guaranteed loan made under this section shall not be more than two percentage points above the prime rate charged by the lender.

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

(f) In return for the department's guaranty, the lender shall remit a one-time insurance fee of two per cent on the principal amount of the guaranteed portion of the loan, at the time the loan is booked, except that for the following loans a reduced fee of one per cent shall be paid:

(1) Loans of $75,000 or less with a maturity exceeding twelve months;

(2) All guaranteed loans with a maturity of twelve months or less.

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

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

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

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

(j) The lender may reduce the percentage of the principal balance guaranteed under this section at any time. [L 1999, c 148, §2; am L 2000, c 51, §6; am L 2015, c 155, §4 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 167-13 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-13
Petition of land occupiers for formation of water project.
Status: in_force

Land occupiers, including the Hawaiian homes commission, comprising at least sixty per cent of the acreage of lands lying within an area proposed to be organized into a water project may file a petition with the board of agriculture and biosecurity requesting that the project be organized. Where any of the lands of the petitioners in the proposed area are leased lands, it shall be necessary for the lessor and lessee to join in the petition. The petition shall contain a general description and the acreage of the area proposed to be organized into a water project and shall state the acreage owned or leased by each of the petitioners within that area. Before the board shall commence any water project involving homesteaded lands of the Hawaiian homes commission, it shall require the commission to assure the payment of any acreage assessment thereon, in pursuance of section 208(5) of the Hawaiian Homes Commission Act, 1920.
Haw. Rev. Stat. § 146-22 — HI Code / Division 1 / Title 11 / Chapter 146 / Section 146-22
Reports.
Status: in_force

Every person who slaughters a calf, heifer, cow, steer, or bull, whether wild or domesticated, at any place other than a duly licensed slaughterhouse shall comply with section 146-21 and report the slaughtering to the officer in charge of recording brands. The report shall include a description of the animal slaughtered, including its sex and a full description of each and every brand on the animal, the date and place of slaughter, and the name of the person from whom, and date when, the animal was acquired. If any of the described brands on the animal appear to be altered, removed, or obliterated, as described in section 142-47, or to be prohibited, as described in section 142-48, the person discovering the altered, removed, obliterated, or prohibited brand shall make a report of the altered, removed, obliterated, or prohibited brand to any law enforcement officer or the department of agriculture and biosecurity, as provided by law, and the appropriate law enforcement agency.
Haw. Rev. Stat. § 142-100 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-100
Beekeepers, registration; apiary program.
Status: in_force

(a) Beekeepers may register with the department of agriculture and biosecurity, on forms prescribed and prepared by the department, which shall include the following information:

(1) The name, address, and contact information for the beekeeper; and

(2) Other information that may assist the department in compiling accurate information on Hawaii's beekeeping industry.

(b) The department of agriculture and biosecurity shall keep registration information confidential subject to the limitations on confidentiality imposed under chapter 92F; provided that the name and business address of each registrant shall be made publicly available by the department; and provided further that the department may compile statistics based on the information, pursuant to section 141-1.

(c) The registration shall be effective for a period of one year, and shall be renewed at the end of the one-year period.

[(d)] The department of agriculture and biosecurity shall establish an apiary program, which may include the following positions, to carry out the purposes of this [section]:

(1) One apiary specialist;

(2) One apiary planner; and

(3) Two apiary technicians. [L 2011, c 200, §§2, 3 ; am L 2025, c 236, §17]

Revision Note

Subsection (d) is codified to this section pursuant to §23G-15.
Haw. Rev. Stat. § 142-46 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-46
Using unregistered brand prohibited; penalty.
Status: in_force

It shall be unlawful for any person to use any brand that has not been duly registered according to law. Any person using any brand that has not been duly registered according to law shall be fined not less than $1 nor more than $200 for each animal so branded.
Haw. Rev. Stat. § 149A-19 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-19
Determination; rules; uniformity.
Status: in_force

(a) The board, after having afforded interested and affected parties an opportunity to be heard and, in instances in which human health is affected, after consultation with the director of health, shall adopt rules to:

(1) Determine the pesticides that are highly toxic to humans, designate pesticides as restricted use or nonrestricted use, and establish a system of control over the distribution and use of certain pesticides and devices purchased by the consuming public;

(2) Determine standards of coloring for pesticides, and subject pesticides to the requirements of section 149A-16;

(3) Establish procedures, conditions, and fees for the issuance of licenses for sale of restricted use pesticides;

(4) Establish fees for the licensing of pesticides within the limitations of section 149A-13(b);

(5) Establish procedures for the licensing of pesticides;

(6) Establish procedures for the registration of pesticides under provisions of section 24(c), FIFRA;

(7) Establish procedures for the disposal of pesticides; and

(8) Establish procedures to issue experimental use permits under provisions of section 5 of FIFRA.

(b) The board, after public hearing, shall make and adopt appropriate rules for carrying out this chapter, including rules providing for the collection and examination of samples of pesticides or devices.

(c) The board, after public hearing, shall adopt rules applicable to and in conformity with the primary standards established by this chapter or as prescribed by FIFRA with respect to pesticides. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1981, c 33, §4; am L 1987, c 310, §11; gen ch 1993; am L 2000, c 154, §4]
Haw. Rev. Stat. § 142-23.5 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-23.5
Garbage feeding prohibited; penalty.
Status: in_force

(a) The feeding of garbage to swine is prohibited, unless:

(1) A permit to process (cook) garbage for such use is obtained from the department of agriculture and biosecurity's division of animal industry; and

(2) The garbage has been processed (cooked) under conditions and procedures established by departmental rules.

(b) Any person who violates subsection (a) shall be guilty of a misdemeanor. [L 1982, c 148, §1; am L 2025, c 235, §15 and c 236, §17]
Haw. Rev. Stat. § 155-14 — HI Code / Division 1 / Title 11 / Chapter 155 / Section 155-14
Funds; application of payments.
Status: in_force

(a) There is created a special fund to be known as the agricultural loan revolving fund, from which moneys shall be loaned by the department of agriculture and biosecurity under this chapter. The department, by its board of agriculture and biosecurity, may transfer moneys from the agricultural loan revolving fund to the aquaculture loan revolving fund, from which moneys shall be disbursed by the department pursuant to chapter 219, and may transfer moneys from that revolving fund to the agricultural loan revolving fund for disbursement pursuant to this chapter; provided that:

(1) The amount of moneys transferred shall not exceed $1,000,000 for each revolving fund within the calendar year; and

(2) Twenty days prior to the convening of each regular session of the legislature, the department shall report to the legislature all transfers that were made between the agricultural loan revolving fund and the aquaculture loan revolving fund during the preceding calendar year and the balance of each revolving fund as of December 31 of each year.

(b) All payments received on account of principal shall be credited to the agricultural loan revolving fund.

(c) A proper reserve shall be maintained in the agricultural loan revolving fund to guarantee payment of loans under section 155-5.

(d) All funds of the department shall be paid out on warrants signed by the chairperson of the board of agriculture and biosecurity. [L 1959, c 278, pt of §1; am L Sp 1959 2d, c 1, §25; am L 1961, c 132, §2; am L 1963, c 206, §2; Supp, §102-14; HRS §155-14; am L 1979, c 222, §8; am L 1987, c 110, §1; am L 1989, c 347, §2; am L 1992, c 69, §2; gen ch 1993; am L 1995, c 11, §2; am L 1996, c 253, §3; am L 1997, c 2, §3; am L Sp 2021, c 9, §4 ; am L 2025, c 236, §§17, 18]
Haw. Rev. Stat. § 157-34 — HI Code / Division 1 / Title 11 / Chapter 157 / Section 157-34
Determination of quotas.
Status: in_force

(a) To promote a proper balance between supply and demand for milk, the board shall provide that the price to be paid to producers shall be based upon quota assigned each producer by the board, which quota shall be determined as follows: upon petition or chairperson's motion as set out in section 157-31, there shall be established an initial quota for each producer and producer-distributor, which shall be the average of the amount of milk that the producer or producer-distributor produced and delivered during the three-year period prior to January 1, 1967; provided that if a producer or producer-distributor had not been in business for such period, the board may also take into account the producer's or producer-distributor's prior production, contract and the producer's or producer-distributor's investment; and provided further that in any milk shed established subsequent to January 1, 1971, the board shall establish an initial quota for each producer and producer-distributor which shall be the average of the amount of milk that the producer or producer-distributor produced and delivered during the twelve-month period immediately prior to the date of petition or chairperson's motion, and may also take into account prior production, contract and investment factors where any of the producers or producer-distributors shall not have been in business for such twelve-month period. The board shall set the initial quota of a newly licensed producer or producer-distributor entering the market by taking into account all relevant market conditions and the capabilities of the licensee. The board may adjust the initial quotas on a pro rata basis to meet changes in market requirements.

(b) For each milk shed in which quota control or price control or both is to be established, producers or producer-distributors whose dairies are located outside such milk shed shall participate in said quota control or price control, or both, for milk regularly supplied within the affected milk shed. However, in setting the minimum price for the milk the board shall consider only those costs incurred by producers located within the affected milk shed. Any milk delivered and utilized in a milk shed shall be subject to all the provisions and regulations applicable to that milk shed.

(c) When the amount of milk resold for human consumption as fluid milk does not exceed the sum of the quotas to be regularly supplied a distributor or producer-distributor, such fluid consumption milk shall be deemed taken ratably from the quotas actually supplied, and payment shall be made accordingly. The board shall determine which producers, not under written contract with a distributor or producer-distributor, are regular suppliers of milk. The remaining milk not used for human fluid consumption shall be paid for according to its use. However, when the producer-distributor or distributor resells milk, other than recombined or reconstituted milk, for fluid consumption in an amount in excess of all quotas assigned producers or producer-distributors regularly supplying the producer-distributor or distributor milk, then the fluid consumption prices shall apply pro rata to surplus milk, in the ratio that a producer's quota bears to the sum of the quotas. However, whenever there is quota milk available for purchase within the milk shed, surplus milk may not be used as milk to be resold for human consumption as fluid milk.

(d) From time to time when required to meet changes in conditions, the board may alter, revise, or adjust the total quota in any milk shed by rule, pursuant to section 157-31(a)(1), or by order, without regard for the notice and public hearing requirements of chapter 91, based on [the] specific formulas or criteria adopted under section 157-31(a)(2). An order to alter, revise, or adjust the total quota for the production of milk in a milk shed shall be subject to the notice requirements set forth in sections 157-33(a)(1) and 157-33(a)(2) for an order fixing minimum prices or salvage values.

(e) The board may adopt rules governing the transfer of quotas. [L 1967, c 260, §23; HRS §157-34; am L 1971, c 184, pt of §4; ree and am L 1972, c 40, pt of §2; gen ch 1985, 1993; am L 1997, c 118, §§4, 6; am L 1998, c 19, §1; am L 2008, c 46, §3]
Haw. Rev. Stat. § 147-127 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-127
Certificate as evidence.
Status: in_force

A certificate issued under this part and all certificates issued under the authority of the Congress of the United States relating to matters covered by this part shall be acceptable in any court of this State as prima facie evidence of the genetic purity, identity, quality, and condition of seed at the time of its inspection.
Haw. Rev. Stat. § 149A-36 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-36
Authority to inspect.
Status: in_force

The department or any authorized representative or employee of the department may enter upon any public or private property, according to law at any reasonable time to examine and inspect application methods and equipment, to examine and collect samples of plants, soil, and other materials, and to perform any other duty for the purpose of carrying out and effectuating the purposes of this chapter.
Haw. Rev. Stat. § 159-26 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-26
Forgery of mark, brand, or label.
Status: in_force

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

(b) No person, firm, or corporation shall:

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

(2) Use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate without authorization from the board.

(3) Fail to use, or to detach, deface, or destroy any official device, mark, or certificate contrary to the regulations prescribed by the board.

(4) Knowingly possess, without promptly notifying the board or its representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any animal, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark.

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

(6) Knowingly represent that any meat or meat products have been inspected and passed, or exempted, under this chapter when, in fact, it has, respectively not been so inspected and passed, or exempted.

(c) No person shall sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, any carcasses of horses, mules, or other equines or parts of such carcasses, or the meat or meat products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as prescribed by the board to show the kinds of animals from which they were derived. When required by the board with respect to establishments at which inspection is maintained under this chapter, the animals and their carcasses, parts thereof, meat or meat products shall be prepared in establishments separate from those in which cattle, sheep, swine, or goats are slaughtered or their carcasses, parts thereof, meats or meat products are prepared. [L 1969, c 214, pt of §1]
Haw. Rev. Stat. § 147-60 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-60
Certificate, appeal to department.
Status: in_force

Whenever any quantity of any food product has been inspected and certified hereunder and a question arises as to whether the certificate issued therefor shows the true grade, classification, quality, or conditions of the product, any interested person, subject to such regulations as the department of agriculture and biosecurity may prescribe, may appeal the question to the board of agriculture and biosecurity, and the board may cause such investigation to be made and such tests to be applied as it may deem necessary and determine and issue a finding as to the true grade or classification of the product or the quality or condition thereof. Whenever an appeal is taken to the board under this section it shall charge, assess, and collect, or cause to be collected, a reasonable fee, to be fixed by the board, which shall be refunded if the appeal is sustained.
Haw. Rev. Stat. § 141-17 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-17
Fine meshed nets; invasive species; permissible; rules.
Status: in_force

(a) Notwithstanding any other law to the contrary, fine meshed nets may be used for the protection of plants against invasive species, as determined by the department of agriculture and biosecurity; provided that the fine meshed nets shall be applied in a manner that is unlikely to entangle birds, become dislodged and enter water, or entangle or disturb native and beneficial animals, including but not limited to pollinators, ladybugs or lady beetles, and net-winged insects.

(b) The department of agriculture and biosecurity shall adopt rules in accordance with chapter 91 to implement this section, including but not limited to establishing requirements related to filament diameter, color, and the inclusion of visual cues to prevent non-targeted entanglement and prohibiting the use of mist net material that is used for bird work. [L 2024, c 184, §2 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 163D-5 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-5
Hawaii agribusiness plan.
Status: in_force

(a) The corporation shall prepare and post on its website the Hawaii agribusiness plan, which shall define and establish goals, objectives, policies, and priority guidelines for its agribusiness development strategy. The plan shall include but not be limited to:

(1) An inventory of agricultural lands with suitable adequate water resources that are or will become available; provided that the inventory of agricultural lands under this paragraph shall be agricultural lands within the purview of the corporation that can be used to meet present and future agricultural production needs;

(2) An inventory of available agricultural infrastructure, such as irrigation systems, drainage systems, processing facilities, and other accessory facilities, that are controlled by the corporation; and

(3) Strategies for federal, state, county, and community stakeholder actions that will promote the development and enhancement of Hawaii's agricultural industries.

(b) The Hawaii agribusiness plan goals shall have specific one-year, five-year, and ten-year objectives and measurable outcomes that prioritize local food production from the corporation's leases or licenses. The objectives and outcomes shall include annual performance goals and measures that the corporation shall be evaluated on annually.

(c) The Hawaii agribusiness plan shall also include metrics, timeframes, and budget expectations as part of the corporation's agribusiness development strategy.

(d) The corporation shall update the Hawaii agribusiness plan no later than July 1, 2023, and every five years thereafter, and shall incorporate the plan in its annual report to the governor and the legislature as provided in section 163D-19. [L 1994, c 264, pt of §1; am L 2022, c 219, §6]
Haw. Rev. Stat. § 149A-3 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-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 those employees of the department as the board or chairperson may from time to time designate for the purpose.
Haw. Rev. Stat. § 147-114 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-114
Fees and deposit of moneys.
Status: in_force

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

(b) Except for fees collected by the department pursuant to part VII, all fees and expenses collected by the department pursuant to this part shall be deposited with the director of finance to the credit of the general fund. [L 2003, c 49, pt of §1]
Haw. Rev. Stat. § 147-33 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-33
Prohibited acts.
Status: in_force

No commercial exporter shall ship any fresh or processed flowers or foliage to points outside the State unless such products meet the minimum export quality and condition requirements and are so packaged in containers with such packaging material and in such a manner as to meet the minimum packaging requirements established by rules and regulations promulgated under this part.
Haw. Rev. Stat. § 166-7 — HI Code / Division 1 / Title 11 / Chapter 166 / Section 166-7
Applicants.
Status: in_force

Any person, including a revocable living trust, partnership, corporation, limited liability company, association, or an agricultural cooperative organized under chapter 421 at least seventy-five per cent of the trustees, partners, officers and stockholders, or members of which qualify individually, may apply for an agricultural park lease if the person, trustees, partners, officers and stockholders, or members are eligible and qualified according to criteria set forth in rules adopted by the board in conformance with section 166-9.
Haw. Rev. Stat. § 157-23 — HI Code / Division 1 / Title 11 / Chapter 157 / Section 157-23
License fees.
Status: in_force

In order to meet the expenditures necessary to administer this chapter, the board of agriculture and biosecurity shall establish license fees to be paid by producers, producer-distributors and distributors. In determining these fees, the board shall, at least thirty days before the new license year begins:

(1) Project the reasonable expenditures necessary to administer the chapter for the license year;

(2) Project the amount to be paid by applicants for original or renewal licenses for the license year;

(3) Project the reasonable expenditures necessary to conduct an independent monthly audit;

(4) Estimate the total volume of milk to be produced and processed for the license year;

(5) Using (1), (2), (3), and (4) above, establish a reasonable rate per hundred-weight or other unit as determined by the board; and

(6) Collect such fees monthly, or at such other intervals as may be determined by the board, during the license year based on actual milk produced and processed.

To facilitate the collection of license fees, the board may require a producer-distributor or distributor to withhold from any payment owing to any producer a part or all of the license fee due under this chapter by such producer. For any such withholding required by the board, the producer-distributor or distributor shall be paid a reasonable fee by the board. The amount of the fee shall be set by the board. 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 license fee. [L 1967, c 260, §14; HRS §157-23; am L 1977, c 65, §5; am L 1988, c 25, §3 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 161-7 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-7
General powers.
Status: repealed

The department, through its board, may:

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

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

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

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

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

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

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

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

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

(H) The sanitary conditions of all establishments where poultry is slaughtered or poultry products are processed or prepared; and

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

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

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

The notice shall be mailed to all persons who have made a timely written request of the department for advance notice of these rules or of the department's rulemaking proceedings. The department may require reimbursement for the cost of preparing and mailing the copies. [L 1969, c 212, §5; am L 1995, c 89, §2]
Haw. Rev. Stat. § 147-63 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-63
Remedies, extension of other powers.
Status: in_force

In respect of violations or complaints of violation of this part or rules adopted by the department pursuant thereto, the department shall have all the rights and powers conferred upon it by section 147-2, with respect to violations or complaints of violation of part I or rules adopted by the department pursuant thereto; and all remedies, procedures, or actions contained in section 147-2 for violations or complaints of violation of part I or rules adopted by the department thereunder, shall be severally and respectively conferred, granted, practiced, and exercised for violations or complaints of violation of the provisions of this part or rules adopted by the department pursuant thereto.
Haw. Rev. Stat. § 142-62 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-62
Breaking, etc.
Status: in_force

§142-62 Breaking, etc., of fence; penalty. If any person maliciously and designedly opens a gateway, or breaks a fence, so as to allow any animal ingress or egress, so that it may commit a trespass, or maliciously and designedly drives or leads any animal into another locality where it may commit a trespass, the person shall, for every offense, be guilty of a petty misdemeanor.
Haw. Rev. Stat. § 143-2 — HI Code / Division 1 / Title 11 / Chapter 143 / Section 143-2
License or microchip required.
Status: in_force

It shall be unlawful for any person to own or harbor a:

(1) Dog unless the dog is licensed and has been implanted with a microchip identification as provided by this chapter; provided that the counties may, by ordinance, dispense with or modify the licensing requirements of this chapter; provided further that this chapter shall not apply to dogs under the age of three months or dogs brought into the State exclusively for the purpose of entering them in a dog show or exhibition and not allowed to run at large; or

(2) Cat unless the cat has been implanted with a microchip identification as provided by this chapter; provided that this chapter shall not apply to cats under the age of three months or cats brought into the State exclusively for the purpose of entering them in a cat show or exhibition and not allowed to run at large. [L 1941, c 268, §2; RL 1945, §7152; RL 1955, §156-2; HRS §143-2; am L 1973, c 146, §1; am L Sp 2021, c 5, §4]
Haw. Rev. Stat. § 155-12 — HI Code / Division 1 / Title 11 / Chapter 155 / Section 155-12
Conditions.
Status: in_force

Every borrower who is granted a loan under this chapter shall comply with the following conditions:

(1) Expend no portion of the borrower's loan for purposes other than those sanctioned by the department of agriculture and biosecurity;

(2) Carry out recommended management practices, including the keeping of proper records;

(3) Not sell or otherwise dispose of the mortgaged property except on written consent of the lender, and except upon conditions as may be prescribed in writing by the lender;

(4) Undertake to pay, when due, all taxes, liens, judgments, or assessments that may be lawfully assessed against the property mortgaged, together with the costs and expense of any foreclosure of the mortgage;

(5) Keep insured to the satisfaction of the department all buildings and other insurable property covered by the mortgage. Insurance shall be made payable to the mortgagee as its interests may appear at the time of the loss. At the option of the lender, and subject to the general regulations of the department, sums so received may be used to pay for reconstruction of the buildings destroyed, or for decreasing the amount of the indebtedness;

(6) Keep buildings in good repair; provide proper care for improvements, stock, and implements; keep land free from noxious weeds; and practice good systems of husbandry;

(7) All of the above conditions shall be held and construed to be a provision of any mortgage executed by virtue of this chapter whether appearing as a provision of the mortgage or not; and

(8) If the borrower is in default in respect to the above conditions, or any other conditions, or any other condition or covenant of the mortgage, the whole of the loan shall, at the option of the lender become due and payable forthwith. The lender may, with or without notice, take possession of the mortgaged property pending a foreclosure and may carry on the business pursuits upon the mortgaged premises, expending all reasonable sums therefor. The sums shall be a lien on the mortgaged premises and be recoverable in any foreclosure proceedings or otherwise. The lender may foreclose the mortgage by any method provided for by law. [L 1959, c 278, pt of §1; am L Sp 1959 2d, c 1, §25; am L 1961, c 104, §1(n) and c 132, §2; Supp, §102-12; HRS §155-12; gen ch 1985; am L 2000, c 51, §13 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 148-2 — HI Code / Division 1 / Title 11 / Chapter 148 / Section 148-2
Rules and regulations.
Status: in_force

To carry out and effectuate the purpose of this part, the department of agriculture and biosecurity may, subject to chapter 91, establish, prescribe, modify, or alter rules and regulations, which shall have the force and effect of law to control the advertisement of fresh fruits, fresh vegetables, or coffee including requirement for specifying size, grade, geographic origin, or quality, in conjunction with price.

The department in establishing such rules and regulations shall consult with appropriate state and federal agencies and with any appropriate industry or trade organization. The rules and regulations for controlling advertising and requirements for specifying size, grade, geographic origin, or quality in conjunction with price shall be on the basis of what the department may deem best suited to the interest of the consumer, the producer, and the public. [L 1961, c 73, §2, c 103, and c 132, §2; Supp, §22C-2; HRS §148-2 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 168-7 — HI Code / Division 1 / Title 11 / Chapter 168 / Section 168-7
Construction, when.
Status: in_force

No actual construction of the physical features of a project shall be undertaken unless (1) lands or interests in lands deemed by the board of agriculture and biosecurity to be necessary for the construction and operation of the major features of the project works have been secured, or negotiations therefor have been initiated and it is indicated that the lands or interests in lands can be secured, at prices satisfactory to the board; and (2) the board has found (A) that water rights adequate for the purposes of the project have been acquired with titles and at prices satisfactory to the board or have been initiated and can be perfected in conformity with the law of the State and in a manner satisfactory to the board, and (B) that the water rights can be utilized for the purposes of the projects in a manner satisfactory to the board.
Haw. Rev. Stat. § 147-92 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-92
Federal standards.
Status: in_force

The department of agriculture and biosecurity may adopt the federal grade standards for the grading of beef, pork, mutton and lamb.
Haw. Rev. Stat. § 155-6.5 — HI Code / Division 1 / Title 11 / Chapter 155 / Section 155-6.5
Cooperation in loans by the department.
Status: in_force

(a) The department of agriculture and biosecurity, for a fee, may underwrite and service loans for cooperating private lenders and government loan programs providing loan funds to qualified farmers and qualified food manufacturers. All fees shall be deposited into the general fund.

(b) Loans underwritten or serviced under this section shall not be subject to the restrictions in section 155-3.

(c) Loans underwritten or serviced under this section shall be limited by sections 155-1 and 155-9 to 155-12; provided that class "E" loans to food manufacturers shall not be subject to section 155-10. No class "D" and "F" loans shall be underwritten or serviced under this section.

(d) Loans underwritten or serviced under this section shall bear simple interest on the unpaid principal balance charged on the actual amount disbursed to the borrower. The interest rate on class "A", "B", "C", and "E" loans shall be at a rate of two per cent above the prime rate or at a rate of eight and one-half per cent a year, whichever is less. For purposes of this subsection, the prime rate shall be determined on January 1 and July 1 of each year and shall be the prime rate charged by the two largest banks in the State identified by the department of commerce and consumer affairs. If the prime rates of the two largest banks are different, the higher prime rate of the two shall apply.

The director of commerce and consumer affairs shall publish a notice statewide pursuant to section 1-28.5 to specify the prime rate.

(e) For loans underwritten or serviced under this section, funds shall be disbursed in accordance with rules adopted by the department pursuant to chapter 91.

(f) The department and the cooperating lender may charge a filing fee for any application made under this section. However, the applicant shall pay for any actual expenses incurred.

(g) The department and the cooperating lender may mutually agree on underwriting criteria, functions, responsibilities, and fees for loan underwriting and loan servicing, by way of a memorandum of agreement. The memorandum of agreement shall be approved by the chairperson of the board of agriculture and biosecurity. [L 1999, c 294, §2; am L 2000, c 51, §8; am L Sp 2021, c 9, §10 ; am L 2025, c 236, §§17, 18]
Haw. Rev. Stat. § 148-63 — HI Code / Division 1 / Title 11 / Chapter 148 / Section 148-63
Rules.
Status: in_force

Subject to chapter 91, the department of agriculture and biosecurity shall adopt rules, as necessary, with respect to:

(1) Definition of terms;

(2) The design of the seals of quality for identifying fresh or processed agricultural commodities that are produced within the State;

(3) The categories of fresh or processed agricultural commodities that are eligible to use the seals of quality;

(4) The minimum quality of fresh or processed agricultural commodities that are eligible to use the seals of quality;

(5) The minimum per cent of wholesale value added within the State to qualify for use of the seals of quality;

(6) Minimum packaging and labeling requirements for fresh or processed agricultural commodities using a seal of quality;

(7) Application forms for the license to use the seals of quality and the information required to be included on the application forms;

(8) Assessment and collection of license fees for the use of the seals of quality to cover the costs of providing the service;

(9) Assessment and collection of charges for stickers, placards, and other promotional materials provided by the department of agriculture and biosecurity;

(10) Provisions for the appropriate use of seals of quality, including use in advertisements;

(11) Record keeping requirements for parties licensed to use the seals of quality;

(12) Administrative penalties for violation of this part; and

(13) Enforcement of this part. [L 2002, c 163, pt of §2 ; am L 2025, c 236, §17 ]
Haw. Rev. Stat. § 159-25 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-25
Slaughter, transportation, and selling.
Status: in_force

No person shall, with respect to cattle, sheep, swine, goats, horses, mules, or other equines, or carcasses, parts of carcasses, meat or meat products of animals:

(1) Slaughter any animal or prepare any meat or meat products which are capable of use as human food, at any establishment preparing such meat or meat products solely for intrastate commerce, except in compliance with the requirements of this chapter.

(2) Slaughter or handle in connection with slaughter any such animal in any manner not in accordance with section 159-21(c).

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

(A) Any meat or meat products which

(i) Are capable of use as human food, and

(ii) Are adulterated or misbranded at the time of the sale, transportation, offer for sale or transportation, or receipt for transportation.

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

(4) Do, with respect to any such meat or meat products which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after transportation, which is intended to cause or has the effect of causing meat or meat products to be adulterated or misbranded. [L 1969, c 214, pt of §1; am L 1973, c 7, §1; am L 1980, c 178, §2]
Haw. Rev. Stat. § 145D-5 — HI Code / Division 1 / Title 11 / Chapter 145D / Section 145D-5
Reserving the State's authority to regulate, inspect, or ban the use of donated food.
Status: in_force

Nothing in this chapter is intended to restrict the authority of the department of health or the department of agriculture and biosecurity to regulate, inspect, or ban the use of such donated foods for human consumption.
Haw. Rev. Stat. § 150A-11.5 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-11.5
Entry of private property for enforcement.
Status: in_force

Whenever any member of the department of agriculture and biosecurity deems it necessary for the protection of animal or public health, agriculture, or the environment, to enter any land, building, vessel or aircraft for the purpose of seizing, capturing, confiscating or removing any living creature that is prohibited or restricted and without a permit, the member may make complaint to the district judge in whose circuit the alleged violation is occurring, and the district judge may thereupon issue a warrant, directed to any police officer of the circuit, commanding the police officer to take sufficient aid, and being accompanied by the member of the department, to go to the place described in the complaint, and to seize, capture, confiscate or remove, under directions of the member, the prohibited or restricted creature.
Haw. Rev. Stat. § 142-63 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-63
Trespass on fenced cultivated land.
Status: in_force

If any cattle, horse, mule, ass, swine, sheep, or goat, trespasses on any properly fenced cultivated ground, the owner thereof shall pay upon proof, the full amount of the damage or loss to the landowners, or to any person in possession of the land, whoever suffers the damage or loss.
Haw. Rev. Stat. § 150A-5.3 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-5.3
Inspection, quarantine, and eradication service fee and charge.
Status: in_force

(a) There is imposed a fee for the inspection, quarantine, and eradication of invasive species contained in any freight, including marine commercial container shipment, air freight, or any other means of transporting freight, foreign or domestic, but not including aggregate bulk freight, cement bulk freight, coal bulk freight, or liquid bulk freight, that is brought into the State. The transportation company shall bill the fee to the person responsible for paying the freight charges to the transportation company within fifteen days of the delivery of the freight. The fee shall be paid by the person responsible for paying the freight charges to the transportation company within forty-five days of receipt of the bill. The transportation company shall collect the fee from the person responsible and forward the payment to the department at the port of disembarkation within forty-five days of receipt of the fee; provided that the transportation company shall not be liable for any fee that is not paid by the person responsible for paying the freight charges to the transportation company.

The department shall deposit the fee into the pest inspection, quarantine, and eradication fund under section 150A-4.5.

(b) The fee shall be assessed and collected on the net weight of the imported freight computed on the basis of 75 cents for every one thousand pounds of freight, or part thereof, brought into the State. [L Sp 2007, c 9, pt of §1; am L 2008, c 16, §4; am L Sp 2008, c 3, §3; am L 2010, c 173, §5; am L 2011, c 36, §1]
Haw. Rev. Stat. § 166E-3 — HI Code / Division 1 / Title 11 / Chapter 166E / Section 166E-3
Transfer and management of non-agricultural park lands and related facilities to the department of agriculture and biosecurity.
Status: in_force

(a) Upon mutual agreement and approval of the board and the board of land and natural resources:

(1) The department may accept the transfer of and manage certain qualifying non-agricultural park lands; and

(2) Certain assets, including position counts, related to the management of existing encumbered and unencumbered non-agricultural park lands and related facilities shall be transferred to the department.

(b) The department shall administer a program to manage the transferred non-agricultural park lands under rules adopted by the board pursuant to chapter 91. The program and its rules shall be separate and distinct from the agricultural park program and its rules. Non-agricultural park lands are not the same as, and shall not be selected or managed as are lands under agricultural park leases. Notwithstanding any other law to the contrary, the program shall include the following conditions pertaining to encumbered non-agricultural park lands:

(1) The lessee or permittee shall perform in full compliance with the existing lease or permit;

(2) The lessee or permittee shall not be in arrears in the payment of taxes, rents, or other obligations owed to the State or any county;

(3) The lessee's or permittee's agricultural operation shall be economically viable as specified by the board; and

(4) No encumbered or unencumbered non-agricultural park lands with soils classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B shall be transferred for the use or development of golf courses, golf driving ranges, and country clubs.

The transfer of non-agricultural park lands shall be done in a manner to be determined by the board of agriculture and biosecurity.

(c) For any encumbered or unencumbered non-agricultural park lands transferred to the department that are not being utilized or required for the public purpose stated, the order setting aside the lands shall be withdrawn and the lands shall be returned to the department of land and natural resources. [L 2003, c 90, pt of §1; am L 2004, c 25, §1 ; am L 2025, c 236, §§17, 18]
Haw. Rev. Stat. § 157-17 — HI Code / Division 1 / Title 11 / Chapter 157 / Section 157-17
Accounting of licensees.
Status: in_force

Every producer-distributor, distributor, and agricultural cooperative subject to license or regulation under this chapter, in making payments to producers for milk sold or delivered to such producer-distributor, distributor or cooperative, shall clearly set forth the unit price for such milk, whether determined pursuant to federal or state authority or pursuant to agreement, together with the amount of all premiums, subsidies, differentials, deductions, service fees, hauling charges, supply expenses, costs, or adjustments of any nature whatsoever, in such a manner as to fully disclose to the producer the rate, basis and manner of computing such payments.
Haw. Rev. Stat. § 150A-16.3 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-16.3
[ §150A-16.
Status: in_force

[ §150A-16.3] Biosecurity compliance auditor; certification. [Section effective January 1, 2028.] (a) The department shall certify biosecurity compliance auditors and offer training to individuals seeking a biosecurity compliance auditor certification.

(b) The training shall include:

(1) The identification of diseases, infections, infestations, and other subjects that the department deems relevant; and

(2) Procedures following the identification of a disease, infection, infestation, or other subject that the department deems relevant.

(c) Upon completion of the training and satisfaction of other requirements under the compliance agreement, the department shall issue a biosecurity compliance auditor certification to the individual. The certification shall be valid for one year, shall identify the specific transitional facility where the biosecurity compliance auditor is authorized to conduct compliance audits, and may be renewed under requirements established by the department.

(d) The department may require each biosecurity compliance auditor to complete additional training as needed, including any emergency training in the interests of biosecurity.

(e) The department may revoke or suspend any biosecurity compliance auditor certification for good cause.

(f) A biosecurity compliance auditor may be employed by the owner of a transitional facility.

(g) The department may charge reasonable fees for the training, certification, and certification renewal under this section. [L 2025, c 236, pt of §26]
Haw. Rev. Stat. § 150A-46 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-46
Conditions of importation under certification.
Status: in_force

(a) A certificate issued to an importer under this part is nontransferable.

(b) Every importer issued a certificate shall comply with the requirements of the certificate.

(c) Any department employee or authorized representative may enter the premises under certification at any reasonable time to examine and inspect any microorganism, records, laboratory or other contained system approved by the department, equipment, procedures, manuals, and other related materials pertaining to the microorganism imported pursuant to certificate, and may conduct tests, collect samples, or perform any other duty for the purpose of carrying out and effectuating the purposes of this chapter. [L 1999, c 177, pt of §1]
Haw. Rev. Stat. § 147-7 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-7
Inspection and classification of agricultural commodities; fees.
Status: in_force

(a) The department may contract with the United States Department of Agriculture for obtaining the services of a supervising inspector employed by the federal department and the establishment of a cooperative inspection service with the United States government. The department, or the supervising inspector with the approval of the department, may designate any competent employee or agent of the department as an inspector to inspect or classify agricultural commodities in accordance with rules of the department, and at the time and places designated by the supervising inspector or the department.

(b) The inspectors shall be authorized to inspect or classify agricultural commodities at the request of persons having a financial interest in the commodities and to ascertain and certify to the persons the grade, classification, quality, condition, or origin of them and other pertinent facts.

(c) The department may fix, assess, and collect or cause to be collected fees for the services when they are performed by employees of the department. The fees shall be on a uniform basis and in an amount reasonably necessary to cover the cost of inspection and the administration of this part; provided that the department may prescribe a reasonable charge for traveling expenses and extraordinary services when the performance of the services involves unusual cost in their performance. No fee shall be charged for an inspection unless the inspection was requested by a person having a financial interest in the inspected commodity.

(d) The department may adopt rules establishing the requirements, procedures, restrictions, and other criteria necessary for establishing a program of self inspection and certification of agricultural commodities. [L 1945, c 252, §7; RL 1955, §22-6; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-7; am L 1978, c 12, §1; am L Sp 1995, c 8, §2; am L 1997, c 345, §2; am L 2012, c 328, §4]
Haw. Rev. Stat. § 142-17 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-17
Branding of tuberculous cattle.
Status: in_force

All cattle found to be tuberculous either upon physical examination or by means of the tuberculin test shall be branded upon the left cheek with the registered brand "T".
Haw. Rev. Stat. § 149A-33 — HI Code / Division 1 / Title 11 / Chapter 149A / Section 149A-33
Rules.
Status: in_force

The department shall have the authority to carry out and effectuate the purpose of this chapter by rules, including but not limited to the following:

(1) To establish fees, procedures, conditions, and standards to certify persons for the use of restricted use pesticides under section 4 of FIFRA;

(2) To establish limitations and conditions for the application of pesticides by aircraft, power rigs, mist blowers, and other equipment;

(3) To establish, as necessary, specific standards and guidelines which specify those conditions which constitute unreasonable adverse effects on the environment;

(4) To establish, as necessary, record keeping requirements for pesticide use by applicators; and

(5) To establish, as necessary, procedures for the issuance of guidelines to specify those conditions that constitute use of a pesticide in a manner inconsistent with its label. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1979, c 88, §2; am L 1987, c 310, §17]
Haw. Rev. Stat. § 141-2.2 — HI Code / Division 1 / Title 11 / Chapter 141 / Section 141-2.2
[ §141-2.
Status: in_force

[ §141-2.2] Deputy chairperson for biosecurity; established. [Section effective January 1, 2027.] (a) There is established within the department a deputy chairperson for biosecurity. The deputy chairperson for biosecurity shall oversee all of the department's biosecurity initiatives, including programs under chapters 142 and 150A and sections 141-5, 261-4.5, and 266-21.5 .

(b) The deputy chairperson for biosecurity shall be a deputy to the chairperson of the board of agriculture and biosecurity and be appointed, without regard to chapter 76, by the governor. The salary of the deputy chairperson for biosecurity shall be as provided in section 26-53 for first deputies or first assistants to the head of any department. [L 2025, c 236, §21]
Haw. Rev. Stat. § 161-16 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-16
Records of licensees.
Status: in_force

The board may, by regulations, require licensees to keep such records and information as it deems necessary for the proper enforcement of this chapter.
Haw. Rev. Stat. § 142-3.5 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-3.5
Authority to contract or rent facilities.
Status: in_force

The board of agriculture and biosecurity may contract with third parties for the use or rental of the division of animal industry's property or facilities; provided that:

(1) The board determines the property or facilities are not required for use by the division of animal industry during the term of use by the third party;

(2) The property or facilities shall be leased or rented at a reasonable lease rent as determined by the board of agriculture and biosecurity;

(3) The property or facilities shall be used for animal welfare, including emergency shelters for animals, or other commercial purposes; and

(4) The property or facilities shall be used only by the third party.

Revenues generated by the use or rental of the division of animal industry's property or facilities, including the animal quarantine property or facilities shall be deposited into the animal industry special fund, established pursuant to section 142-3.6, and used to defray the operational costs of the department of agriculture and biosecurity's division of animal industry. [L 2005, c 161, §2; am L 2008, c 109, §1; am L 2011, c 185, §2; am L 2025, c 236, §§17, 18]
Haw. Rev. Stat. § 161-23 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-23
Labeling, marking, and branding.
Status: in_force

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

(b) All carcasses, parts of carcasses, poultry or poultry products inspected at any establishment under this chapter and found to be not adulterated, shall at the time they leave the establishment bear, in distinctly legible form, directly thereon or on their containers, as the board may require, the information required under the definition of the word "misbranded" in section 161-3.

(c) The board, whenever it determines such action is necessary for the protection of the public, may prescribe by rules: (1) the styles and sizes of type to be used with respect to material required to be incorporated in labeling to avoid false or misleading labeling of any poultry or poultry products subject to this chapter; (2) definitions and standards of identity or composition for poultry or poultry products subject to this chapter and standards of fill of container for such poultry or poultry products not inconsistent with any standards established under the Federal Food, Drug, and Cosmetic Act, or under the Poultry Products Inspection Act, and there shall be consultation between the board and the United States Secretary of Agriculture prior to the issuance of the standards to avoid inconsistency between those standards and the federal standards.

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

(e) If the board has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any poultry or poultry product or other products subject to this chapter is false or misleading in any particular, it may direct that use be withheld unless the marking, labeling, or container is modified in such manner as it may prescribe so that it will not be false or misleading. If the person using or proposing to use the marking, labeling, or container does not accept the determination of the board, such person may request a hearing before the board but the use of the marking, labeling, or container shall, if the board so directs, be withheld pending hearing and final determination by the board. Any such determination by the board shall be conclusive unless, within thirty days after receipt of notice of a final determination, the person adversely affected appeals to the circuit court. The appeal shall be based on the record upon which the determination was based. [L 1969, c 212, §15; am L 1993, c 92, §4]
Haw. Rev. Stat. § 161-8 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-8
Information, investigations, hearings.
Status: in_force

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

(a) 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. Information obtained in confidence by the board shall be kept confidential and shall not be disclosed by the board except under order of court.

(b) 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.

(c) Request the attorney general of this State to seek relief from the appropriate circuit courts for writs of mandamus commanding any person, firm, or corporation to comply with the provisions of 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 this 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 212, §6; gen ch 1985]
Haw. Rev. Stat. § 147-76 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-76
Advertisement of eggs and price.
Status: in_force

It shall be unlawful to advertise in newspaper or by sign, handbill, placard, or otherwise, the price at which eggs are offered for sale without plainly indicating in conjunction with price, the full and correct designation of grade, size of the eggs according to the standards in this chapter, of geographic origin of eggs, and of shell treatment if applicable. The designations shall be in a typeface or other conspicuous letters as provided in the rules of the department of agriculture and biosecurity.
Haw. Rev. Stat. § 147-96 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-96
Public hearings.
Status: in_force

Before adopting any rules or regulations authorized by this part, the department of agriculture and biosecurity shall first hold a public hearing upon the proposed rules or regulations on each island.
Haw. Rev. Stat. § 152-5 — HI Code / Division 1 / Title 11 / Chapter 152 / Section 152-5
Designation of areas declared free or reasonably free of noxious weeds.
Status: in_force

The department may declare the entire State, an island, or a section of an island as free or reasonably free of a specific noxious weed. The department shall take necessary measures to restrict the introduction and establishment of specific noxious weeds in areas declared free or reasonably free of those noxious weeds.
Haw. Rev. Stat. § 148-65 — HI Code / Division 1 / Title 11 / Chapter 148 / Section 148-65
Prohibited acts.
Status: in_force

No person shall:

(1) Use a seal of quality established under this part without being licensed;

(2) Use a seal of quality on a fresh or processed agricultural commodity that does not meet the requirements of this part;

(3) Use a device, symbol, indicia, or by any other means imitate the seal of quality established by this part; or

(4) Make any claim that a fresh or processed agricultural commodity is permitted to use a seal of quality when it is not. [L 2002, c 163, pt of §2]
Haw. Rev. Stat. § 150A-6.8 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-6.8
[ §150A-6.
Status: in_force

[ §150A-6.8] Firewood; heat-treatment; requirements; exemptions. (a) No firewood shall be imported into the State unless:

(1) The firewood has been certified by an appropriate federal or state agency as heat-treated and labeled in accordance with subsection (b); or

(2) The importation is authorized pursuant to subsection (c) and the department has issued a permit before importation.

(b) Each package of firewood imported into the State pursuant to subsection (a)(1) shall bear a clear and conspicuous label that contains the following information:

(1) State of origin of the firewood;

(2) A statement that the firewood has been certified as heat-treated;

(3) The name of the federal or state certifying agency and the certificate number;

(4) Identification of the commodity as firewood, unless the contents can be easily identified through the packaging, wrapper, or container; and

(5) Name and address of the manufacturer, packer, or distributor of the firewood.

(c) If firewood imported into the State is not eligible for importation under subsections (a)(1) and (b) and the department determines that the firewood will not pose an unacceptable risk of introducing or spreading an insect, disease, or other pest into the State, the department may issue a permit authorizing the importation. No firewood shall be imported into the State pursuant to this subsection before the department issues a permit.

(d) Any person who imports firewood into the State shall maintain, and make available to the department upon request, records of imports for at least two years.

(e) Firewood harvested within the State shall not be subject to the requirements of this section.

(f) As used in this section:

"Firewood" means any kindling, logs, timber, or other portions of a tree of any species four feet or less in length; cut or split, or intended to be cut or split, into a form and size appropriate for use as fuel for fires in an open or closed pit, grill, fireplace, stove, or wood burning furnace; or in any other form commonly used for burning in campfires, stoves, or fireplaces.

"Heat-treated" means firewood that has been heated to at least one hundred sixty degrees Fahrenheit for seventy-five minutes at wood core. [L 2025, c 240, §2]
Haw. Rev. Stat. § 142-22 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-22
Anaplasmosis; indemnity for slaughtered cattle.
Status: in_force

The department of agriculture and biosecurity may pay indemnities to owners of cattle sent to slaughter as reactors to the anaplasmosis test. The payment shall be in the amount of one-third of the difference between the appraised value of each animal slaughtered and the value of the salvage value thereof to owners of cattle reacting positively to the anaplasmosis test and sent to slaughter within thirty days of official notification in writing of the reaction; provided that in no case shall this amount exceed $100 per animal; and provided further that no indemnity shall be paid for steers, spayed heifers, or unregistered bulls.

The department may agree with the owner of any animal as to the valuation thereof. In case no agreement can be reached as to the valuation of any animal, the department shall choose some disinterested citizen, the owner another, and the two so chosen shall designate a third, the three to act as appraisers who shall appraise such animal and whose decision or the decision of a majority thereof shall be final. All appraisals of cattle under this section, whether by agreement or by the appraisers, shall be based upon the market value of the animal so condemned on the day of appraisal, whether for breeding purposes or for milk production. All appraisals shall be signed by the owner and the appraisers and shall be reported to the department. Compensation for appraisers shall be $10 per day and their necessary traveling expenses, which compensation shall be borne by the owner in case the appraisers fail to increase the valuation made by the department; otherwise the appraisers shall be paid by the department.

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

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

(2) For any animal which has been placed in herds known to be infected at the time;

(3) For any imported animal condemned on retest while in quarantine and before release from quarantine;

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

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

(6) For any animal from any herd under supervision, if any animal from the herd is allowed to mingle or come in contact with other cattle not under supervision, unless the cattle not under supervision are proven by the anaplasmosis test to be free from anaplasmosis. [L 1955, c 244, §2; RL 1955, §20-22.5; am L 1957, c 152, §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-22; gen ch 1985 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 145-27 — HI Code / Division 1 / Title 11 / Chapter 145 / Section 145-27
Authorization to seize and hold commodities; disposition.
Status: in_force

(a) Upon reasonable belief that a person is in unlawful possession of agricultural commodities a law enforcement officer or other officer or employee shall be authorized to hold the agricultural commodity for not longer than forty-eight hours to investigate and ascertain the ownership of the agricultural commodity. If the lawful owner is determined and located, the agricultural, aquacultural, or horticultural commodity shall be released to the lawful owner.

(b) If for any reason the agricultural commodity is not released to the lawful owner after being in the custody of the law enforcement officer or other officer or employee for forty-eight hours, or less in the case of highly perishable commodities, the commodity may be sold at fair market value to any retailer, wholesaler, or packer of the commodity. All of the proceeds derived from the sale shall be held by the law enforcement officer or other officer or employee for not longer than six months, during which time the lawful owner of the commodity may submit satisfactory proof of ownership and obtain possession of the proceeds. The owner may be held responsible for any costs and expenses that may be incurred by the law enforcement officer or other officer or employee. Any proceeds of sale not recovered within six months for lack of a claim or for insufficient proof shall be treated as unclaimed property of the State.

(c) Any commodity that remains unsold after being offered for sale pursuant to this section may be donated to a nonprofit charitable organization or destroyed at the discretion of the law enforcement officer or other officer or employee.

(d) For the purposes of this section, "officer or employee" means any officer or employee of the department of agriculture and biosecurity or any other person authorized and designated by the board of agriculture and biosecurity to investigate and enforce this chapter and all rules adopted by the department pursuant thereto. [L 1999, c 186, pt of §2; am L 2012, c 125, §5 ; am L 2025, c 236, §§17, 18]
Haw. Rev. Stat. § 163D-8 — HI Code / Division 1 / Title 11 / Chapter 163D / Section 163D-8
Project facility program.
Status: in_force

(a) The corporation may develop a project to identify necessary project facilities within a project area.

(b) Unless and except as otherwise provided by law, whenever the corporation undertakes, or causes to be undertaken, any project facility as part of a project, the cost of providing the project facilities shall be assessed against the real property in the project area specially benefiting from the project facilities. Subject to the express written consent of the landowners directly affected, the corporation shall determine the properties that will benefit from the project facilities to be undertaken and may establish assessment areas that include the properties specially benefiting from the project facilities. The corporation may issue and sell bonds in such amounts as may be authorized by the legislature to provide funds to finance the project facilities. The corporation shall fix the assessments against the real property specially benefited.

(c) Unless and except as otherwise provided by law, the corporation may adopt rules pursuant to chapter 91 to establish the method of undertaking and financing project facilities in a project area.

(d) Unless and except as otherwise provided by law, bonds issued to provide funds to finance project facilities shall be secured solely by the real properties benefited or improved and the assessments thereon, or by the revenues derived from the project for which the bonds were issued, including reserve accounts and earnings thereon, insurance proceeds, and other revenues, or any combination thereof. The bonds may be additionally secured by the pledge or assignment of loans and other agreements or any note or other undertaking, obligation, or property held by the corporation. The bonds shall be issued according to and subject to the rules adopted pursuant to this section. Any other law to the contrary notwithstanding, in assessing real property for project facilities, the corporation shall assess the real property within a project area according to the special benefits conferred upon the real property by the project facilities. These methods may include assessment on a frontage basis or according to the area of real property within a project area, or any other assessment method that assesses the real property according to the special benefit conferred, or any combination thereof. No such assessment levies against real property specially benefited under this chapter shall constitute a tax on real property within the meaning of any law.

(e) The rules adopted pursuant to this section may include, but are not limited to:

(1) The methods of establishing assessment areas within a project area;

(2) The method of assessing real properties specially benefited;

(3) The costs to be borne by the corporation, the county in which the project facilities are situated, and the property owners;

(4) The procedures before the corporation relating to the creation of the assessment areas by the owners of real property therein, including provisions for petitions, bids, contracts, bonds, and notices;

(5) Provisions relating to assessments;

(6) Provisions relating to financing, such as bonds, the Hawaii agricultural development revolving fund, advances from available funds, special funds for the payment of bonds, the payment of principal and interest, and the sale and use of bonds;

(7) Provisions relating to funds and the refunding of outstanding debts; and

(8) Provisions relating to limitations on time to sue, and other related provisions.

(f) Any other provisions to the contrary notwithstanding, the corporation, at its discretion, may enter into any agreement with the county in which project facilities are located, to implement the purposes of this section.

(g) All sums collected under this section shall be deposited in the fund established by section 163D-17, except that all moneys collected on account of assessments and interests thereon for any specific project facilities financed by the issuance of bonds, shall be set apart in a separate special fund and applied solely to the payment of:

(1) The principal and interest on these bonds;

(2) The cost of administering, operating, and maintaining the program;

(3) The establishment of reserves; and

(4) Other purposes as may be authorized in the proceedings providing for the issuance of the bonds.

If any surplus remains in any special fund after the payment of the bonds chargeable against that special fund, the surplus shall be credited to and become a part of the fund. Notwithstanding any other law to the contrary, moneys in the fund may be used to make up any deficiencies in the special fund.

(h) If the project facilities to be financed through bonds by the corporation may be dedicated to the county in which the project facilities are to be located, the corporation shall ensure that the project facilities are designed and constructed to meet county requirements. [L 1994, c 264, pt of §1; am L 1998, c 111, §7]
Haw. Rev. Stat. § 150A-4.5 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-4.5
Pest inspection, quarantine, and eradication fund.
Status: in_force

(a) There is established in the state treasury the pest inspection, quarantine, and eradication fund, into which shall be deposited:

(1) Legislative appropriations for biosecurity and inspection, quarantine, and eradication services;

(2) Fees collected pursuant to section 141-18(a)(3);

(3) Service fees, charges, and penalties collected under section 150A-5.3;

(4) Fees imposed for services pursuant to this chapter or rules adopted under this chapter;

(5) Fines for violations of this chapter;

(6) Federal funds received for biosecurity, pest inspection, control, management, quarantine, and eradication programs;

(7) Grants and gifts;

(8) All interest earned or accrued on moneys deposited in the fund; and

(9) Any other moneys made available to the fund.

(b) The moneys in the pest inspection, quarantine, and eradication fund shall be expended by the department for the operation of biosecurity and pest inspection, quarantine, eradication, and monitoring programs; the electronic importer manifest program; related facilities; the execution of emergency remedial measures when pests are detected in the course of inspection and quarantine activities by the department; training of inspectors; education of the agricultural industry, permit and certificate holders, and the general public as to import requirements; and for any other purposes deemed necessary to carry out the purposes of this chapter. In addition, the moneys shall be expended to facilitate the processing and issuance of permits and microorganism import documents and for the operations, activities, and monitoring of permitted and certified plants, animals, and microorganisms. [L Sp 2007, c 9, pt of §1; am L 2008, c 236, §5; am L 2010, c 173, §4; am L 2012, c 127, §2; am L 2024, c 197, §2]
Haw. Rev. Stat. § 142-64 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-64
On unfenced cultivated land.
Status: in_force

If any of the animals mentioned in section 142-63 trespasses on any unfenced cultivated ground, the owner thereof shall pay upon proof, the full amount of the damage or loss to the landowner or to any person in possession of the land, whoever suffers the damage or loss.
Haw. Rev. Stat. § 147-97 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-97
Disposition of fees.
Status: in_force

All fees collected under this part shall be paid into a special fund established by the department of agriculture and biosecurity and shall be expended for the purposes of this part.
Haw. Rev. Stat. § 159-15 — HI Code / Division 1 / Title 11 / Chapter 159 / Section 159-15
Bonding.
Status: in_force

Upon a person being granted a license to slaughter animals for the purpose of using the meat or meat products thereof in intrastate commerce, the board shall exact from the licensee a bond, or other form of surety acceptable to the board or an appropriate agent, officer, or employee designated by the board, in the penal sum of $5,000, the bond or other form of surety to be obtained from a surety company or financial institution authorized to do business in the State and to be so conditioned that the licensee shall be required to keep a full and accurate record concerning every animal that the licensee may purchase, kill, or sell; and that the licensee will at all times during regular business hours keep the record open for the inspection by representatives of the board who may desire to examine the same. The record shall contain:

(1) The sex of the animal;

(2) A full description of each and every brand on the animal, stating the position of each brand on the animal. If any of the described brands on the animal appear to be altered, removed, or obliterated, as described in section 142-47, or to be prohibited, as described in section 142-48, the person shall make a report of the altered, removed, obliterated, or prohibited brand to the appropriate law enforcement agency pursuant to rules adopted by the department of agriculture and biosecurity;

(3) Ear tag number or other mark of identification;

(4) The principal color of the animal;

(5) The name of the person who sold the animal to the licensee;

(6) The date when the animal was sold to the licensee;

(7) The date when the animal was delivered to the licensee; and

(8) The date when the animal was killed. [L 1969, c 214, pt of §1; gen ch 1985; am L 1986, c 163, §4; am L 1989, c 92, §1 ; am L 2025, c 235, §34 and c 236, §17]
Haw. Rev. Stat. § 166-3 — HI Code / Division 1 / Title 11 / Chapter 166 / Section 166-3
Authority to plan, develop, and manage agricultural parks.
Status: in_force

The department of agriculture and biosecurity shall plan, develop, and manage agricultural parks in accordance with this chapter, on public lands set aside by the governor for use as agricultural parks pursuant to section 171-11; on other lands with the approval of the board of agriculture and biosecurity as may be subject to a partnership agreement pursuant to sections 166-4 and 166-5; and on lands acquired by the department by way of foreclosure, voluntary surrender, or otherwise pursuant to section 155-4(11).
Haw. Rev. Stat. § 168-6 — HI Code / Division 1 / Title 11 / Chapter 168 / Section 168-6
Development period.
Status: in_force

The board of agriculture and biosecurity shall fix a development period for a project authorized by this chapter not to exceed ten years from and including the first calendar year in which water is first delivered for the lands in the project. During the development period the board shall annually fix the tolls to be charged for water use and for acreage service charges, so that the cost of operation and maintenance of the project during the development period plus any amounts reimbursable to the State under section 168-3 will be returned over the full development period.
Haw. Rev. Stat. § 167-14 — HI Code / Division 1 / Title 11 / Chapter 167 / Section 167-14
Petition of Hawaiian homes commission for formation of irrigation project, community pastures.
Status: in_force

The Hawaiian homes commission may petition the board of agriculture and biosecurity to organize irrigation projects for any of the lands designated as "available lands" in the Hawaiian Homes Commission Act, 1920, whether or not the lands are occupied in whole or in part. If the lands for which the proposed project is to be organized are not occupied or are occupied by persons whose rights to occupancy will expire before the project water will be supplied to the lands, no notice need be published nor public hearing held as in section 167-16 required. Project water may be supplied to community pastures established by the Hawaiian homes commission within any project even though the pastures exceed one hundred acres in area. Before the board commences any irrigation project involving community pastures it shall require agreement from the Hawaiian homes commission that tolls for water supplied to and acreage assessments upon the pastures shall be paid by the commission. Before the board commences any irrigation project involving available lands which the Hawaiian homes commission desires to develop and open for small scale farming it shall require agreement from the Hawaiian homes commission that in the event the development and opening of the lands does not enable the making of acreage assessments sufficient to repay the costs of construction of the project that the same will be paid by the commission. The payments referred to in this section may be made by the Hawaiian homes commission from any of its funds designated or created by Congress for that purpose.
Haw. Rev. Stat. § 142-5 — HI Code / Division 1 / Title 11 / Chapter 142 / Section 142-5
Landing of animals.
Status: in_force

The landing of any animal for the purpose of inspection or quarantine shall not be construed to be an entry into the State for any purpose whatsoever, except as herein provided, and if in the opinion of the department of agriculture and biosecurity it shall be necessary or proper to quarantine any animal, it may do so at the expense of the owner or consignee.

The landing of any domestic animal known to be affected with any contagious, infectious, or communicable disease shall constitute an unlawful entry; provided that with the permission of the department, the animals may be landed for quarantine or destruction and disposal at the expense of the owner or consignee. [L 1905, c 82, pt of §4; RL 1925, §612; RL 1935, §207; RL 1945, §1056; am L 1947, c 177, §1; RL 1955, §20-6; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-5 ; am L 2025, c 236, §17]
Haw. Rev. Stat. § 144-12 — HI Code / Division 1 / Title 11 / Chapter 144 / Section 144-12
Penalties.
Status: in_force

(a) Any person convicted of violating any of the provisions of this chapter or the rules issued thereunder or who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the department or its duly authorized agent in performance of the agent's duty in connection with this chapter, shall be adjudged guilty of a misdemeanor. In all prosecutions under this chapter involving the composition of a lot of feed, a certified copy of the official analysis signed by the chemist shall be accepted as prima facie evidence of the composition.

(b) Nothing in this chapter shall be construed as requiring the department or its representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of the chapter when the department or its representative believes that the public interest will be best served by a suitable notice of warning in writing.

(c) Each county attorney or prosecuting attorney to whom any violation is reported shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the department reports a violation for prosecution, an opportunity shall be given the distributor or owner to present the distributor's or owner's view to the department.

(d) The department may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter or any rule promulgated under the chapter notwithstanding the existence of other remedies at law. The injunction is to be issued without bond.

(e) Any person adversely affected by an act, order, or ruling made pursuant to this chapter may within forty-five days thereafter bring action in the circuit court for new trial of the issues bearing upon the act, order, or ruling, and upon trial the court may issue and enforce such orders, judgments, or decrees as the court may deem proper, just, and equitable.

(f) Any person who uses to the person's advantage, or reveals to other than departmental officers or to the courts when relevant in any judicial proceeding, any information acquired under the authority of this chapter, concerning any method, records, formulations, or processes which as a trade secret is entitled to protection, is guilty of a misdemeanor; provided that this prohibition shall not be deemed as prohibiting the department, or its duly authorized agent, from exchanging information of a regulatory nature with duly appointed officials of the United States government, or of other states, who are similarly prohibited by law from revealing this information. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-13; HRS §144-13; am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2; gen ch 1985]
Haw. Rev. Stat. § 150A-23 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-23
Nursery stock certificate.
Status: in_force

The department may issue and authorize the use of nursery stock certificates by any shipper complying with its regulation for nursery inspection. Shipments accompanied by these certificates may move to other localities within the county or to other counties without inspection at destination. Nursery stock certificates may be issued for interstate shipments. Fees may be charged for nursery certification and shall be deposited into the pest inspection, quarantine, and eradication fund. Nursery stock certificates shall not be altered or misused.

The department may revoke or suspend the right to use any nursery stock certificate which is issued to any person who fails to comply with requirements for use of the certificate. [L 1977, c 114, pt of §4; am L 2010, c 173, §7]
Haw. Rev. Stat. § 147-124 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-124
Certification; requests necessary.
Status: in_force

The department may designate any employee or agent of the department to conduct the inspections and certification authorized under this part at the request of persons having a financial interest in the seed. These inspections and certification may be requested, but in no case shall be required by the department.
Haw. Rev. Stat. § 161-48 — HI Code / Division 1 / Title 11 / Chapter 161 / Section 161-48
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, poultry, and poultry products regulated under the Poultry Products Inspection Act only to the extent provided for in section 23 of the Act.

The operation and effect of and provision 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 stated in section 161-2.

If any of the provisions of this chapter are in conflict with any statute, rule, or ordinance, this chapter shall take precedence. [L 1969, c 212, §31; am L 1993, c 92, §13]
Haw. Rev. Stat. § 150A-53 — HI Code / Division 1 / Title 11 / Chapter 150A / Section 150A-53
General actions to achieve objectives.
Status: in_force

[Section effective until December 31, 2027. For section effective January 1, 2028, see below.] (a) To achieve the objectives of the biosecurity program, the department shall plan for and, within available legislative appropriations or through funding from other sources, implement the following:

(1) Work with government agencies and agricultural commodity exporters of other states and countries to establish pre-entry inspection programs under which inbound cargo into the State is inspected at the ports of departure or other points outside the State;

(2) Establish, operate, or participate in operating port-of-entry facilities where multiple government agencies may inspect, quarantine, fumigate, disinfect, destroy, or exclude as appropriate, articles that may harbor pests or exclude articles that are prohibited or restricted without a permit, with the goals of:

(A) Performing inspections in an efficient, effective, and expeditious manner for the government agencies involved and for cargo owners, carriers, and importers; and

(B) Providing for the proper and safe storage and handling of cargo, especially agricultural and food commodities, awaiting inspection;

(3) Develop, implement, and coordinate post-entry measures to eradicate, control, reduce, and suppress pests and, as appropriate, eradicate or seize and dispose of prohibited or restricted organisms without a permit that have entered the State;

(4) Collaborate with relevant government agencies, agricultural commodity importers, and other persons to examine and develop joint integrated systems to better implement the biosecurity program;

(5) Improve cargo inspection capabilities and methods, including enhancement of the content and submission requirements for cargo manifests and agricultural commodity ownership and movement certificates;

(6) Promote the production of agricultural commodities in the State to reduce cargo shipments of imported commodities into the State; and

(7) Provide public education on the negative effects of pests and prohibited or restricted organisms without a permit, to the environment and economy of the State.

(b) The department shall establish parameters and construction requirements for biosecurity facilities that provide for and ensure the safety of agricultural and food commodities consumed by Hawaii residents, including cold storage facilities established by private-public partnerships to preserve the quality and ensure the safety of the commodities arriving at the State's airports and harbors. [L 2008, c 236, pt of §2; am L 2017, c 163, §3]

§150A-53 General actions to achieve objectives. [Section effective January 1, 2028. For section effective until December 31, 2027, see above.] (a) To achieve the objectives of the biosecurity program, the department shall plan for and, within available legislative appropriations or through funding from other sources, implement the following:

(1) Work with government agencies and agricultural commodity exporters of other states and countries to establish pre-entry inspection programs under which inbound cargo into the State is inspected at the ports of departure or other points outside the State;

(2) Establish, operate, or participate in operating port-of-entry facilities where multiple government agencies may inspect, quarantine, fumigate, disinfect, destroy, or exclude as appropriate, articles that may harbor pests or prohibited or restricted organisms or exclude articles that are prohibited or restricted without a permit, with the goals of:

(A) Performing inspections in an efficient, effective, and expeditious manner for the government agencies involved and for cargo owners, carriers, and importers; and

(B) Providing for the proper and safe storage and handling of cargo, especially agricultural and food commodities, awaiting inspection;

(3) Develop, implement, and coordinate post-entry measures to eradicate, control, reduce, and suppress pests and, as appropriate, eradicate or seize and dispose of prohibited or restricted organisms without a permit that have entered the State;

(4) Collaborate with relevant government agencies, agricultural commodity importers, and other persons to examine and develop joint integrated systems to better implement the biosecurity program;

(5) Improve cargo inspection capabilities and methods, including enhancement of the content and submission requirements for cargo manifests and agricultural commodity ownership and movement certificates;

(6) Promote the production of agricultural commodities in the State to reduce cargo shipments of imported commodities into the State; and

(7) Provide public education on:

(A) The negative effects of pests and prohibited or restricted organisms without a permit, to the environment and economy of the State;

(B) Reporting pests and prohibited or restricted organisms without a permit that are discovered or suspected to be present in imported products; and

(C) Protecting imported products to prevent pest infestation.

(b) For purposes of the biosecurity program, the department may:

(1) Subpoena any necessary documentation from importers relating to a discovered or suspected infestation of a pest or prohibited or restricted organism; and

(2) Declare a biosecurity emergency pursuant to section 150A-60.

(c) The department shall establish parameters and construction requirements for biosecurity facilities that provide for and ensure the safety of agricultural and food commodities consumed by Hawaii residents, including cold storage facilities established by private-public partnerships to preserve the quality and ensure the safety of the commodities arriving at the State's airports and harbors. [L 2008, c 236, pt of §2; am L 2017, c 163, §3 ; am L 2025, c 236, §24]
Haw. Rev. Stat. § 152-2 — HI Code / Division 1 / Title 11 / Chapter 152 / Section 152-2
Rules.
Status: in_force

Subject to chapter 91, the department may make rules to effectuate this chapter, including but not limited to the following:

(1) Establishment of criteria and procedures for the designation of plant species as noxious weeds for the purposes of this chapter;

(2) Establishment of procedures and conditions for the initiation of cooperative agreements with landowners and land occupiers for the purpose of eradicating or controlling noxious weed infestations;

(3) Control or eradication of noxious weeds when deemed economically feasible. [L 1957, c 319, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §27A-3; HRS §152-2; am L 1975, c 44, pt of §1; am L 1987, c 92, §2]
Haw. Rev. Stat. § 147-74 — HI Code / Division 1 / Title 11 / Chapter 147 / Section 147-74
Grading standards and regulations.
Status: in_force

Subject to chapter 91, the department of agriculture and biosecurity may make rules with respect to:

(1) Sale and transportation for sale of eggs for human consumption;

(2) Specific grades or standards of quality, condition, and size or weight classes which shall conform when practical to those established by the United States Department of Agriculture as local conditions will permit;

(3) Inspection and classification;

(4) Assessment and collection of fees for requested certification as to grade, standard of quality, condition, and size or weight classes;

(5) Labeling of containers of imported and locally produced eggs and marking of individual imported eggs as to origin;

(6) Seller's invoice for sale of eggs;

(7) Records of imported shell eggs of foreign origin;

(8) Methods of determining egg quality, which shall not include recandling or any other method applied to eggs in interstate commerce which is discriminatory or impairs that commerce in any way or requires a cost increase of eggs in interstate commerce; and

(9) Enforcement of this part and of the rules adopted under this part. [L 1931, c 70, §4; RL 1935, §1076; RL 1945, §1307; am L 1955, c 167, §1; RL 1955, §22-73; am L 1959, c 54, §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 103 and c 132, §2; HRS §147-74; am L 1972, c 67, §1 and c 147, §2; am L 1983, c 177, §2 ; am L 2025, c 236, §10]
Haw. Rev. Stat. § 166E-6 — HI Code / Division 1 / Title 11 / Chapter 166E / Section 166E-6
Rules.
Status: in_force

The board shall adopt rules pursuant to chapter 91, including eligibility requirements for each disposition and applicant qualifications, to effectuate the purposes of this chapter.
Haw. Rev. Stat. § 145D-4 — HI Code / Division 1 / Title 11 / Chapter 145D / Section 145D-4
Labeling of donated food.
Status: in_force

Any charitable, religious, or nonprofit organization which receives and distributes donated food pursuant to this chapter shall affix a label upon such food or upon the individual container or package of such food stating that the food is not for resale and stating that it was fit for human consumption at the date that it left control of the charitable organization.