reglab/housing_qa huggingface dataset:
HI Rev Stat § 145-7 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-7 Credit for loss or dumping.

  §145-7 Credit for loss or dumping. No claim or credit in any payment, accounting, or settlement shall be made or taken against a producer by any commission merchant, dealer, processor, or retail merchant for any damage to, or loss, dumping, or disposal, of any farm produce unless such claim or credit has been agreed to in writing by the producer and the licensee has secured and is in possession of a certificate issued by an agent of the department of agriculture showing that the produce has no commercial value, or a certificate issued by a county or state health officer, or other duly authorized officer, stating that the produce has been destroyed or otherwise disposed of as unfit for human consumption. [L 1951, c 74, pt of §1; RL 1955, §23-7; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §145-7; am L 1972, c 39, §5] Case Notes  Cited: 46 H. 292, 307, 380 P.2d 156.
HI Rev Stat § 145-8 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-8 Duty of department.

  §145-8 Duty of department. The department of agriculture shall administer and enforce this chapter. [L 1951, c 74, pt of §1; RL 1955, §23-8; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §145-8]
HI Rev Stat § 145-9 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-9 Complaints and investigations.

  §145-9 Complaints and investigations. The department of agriculture may receive verified complaints from any producer against any commission merchant, dealer, broker, agent, processor, or retail merchant or any person assuming or attempting to act as such and upon receipt of the verified complaint may make any and all necessary investigations relative to the complaint. In conducting any investigation, the department or its authorized agent may examine any ledgers, books, accounts, memoranda, and other documents, farm produce, scales, measures, and any other articles and things used in connection with the business of the person of whom the complaint has been made. [L 1951, c 74, pt of §1; RL 1955, §23-9; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §145-9]
HI Rev Stat § 145-10 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-10 Administrative penalties.

  §145-10 Administrative penalties. (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] Cross References  Administrative procedure, see chapter 91.
HI Rev Stat § 145-11 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-11 Nuisance may be enjoined, abated.

  §145-11 Nuisance may be enjoined, abated. Violation of this chapter is declared a public nuisance and may be enjoined or abated in like manner as other public nuisances. [L 1951, c 74, pt of §1; RL 1955, §23-11; HRS §145-11] Rules of Court  Injunction, see HRCP rule 65.
HI Rev Stat § 145-12 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-12 Misdemeanor.

  §145-12 Misdemeanor. Any person who violates this chapter shall be fined not more than $1,000 or imprisoned not more than one year, or both. [L 1951, c 74, pt of §1; RL 1955, §23-12; HRS §145-12]
HI Rev Stat § 145-13 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-13 Remedies and penalties not exclusive.

  §145-13 Remedies and penalties not exclusive. The penalties and remedies provided in this chapter with respect to any violation of this chapter shall not be deemed exclusive of each other or of any other civil or criminal rights, remedies, or penalties provided or allowed by law with respect to any such violation. [L 1951, c 74, pt of §1; RL 1955, §23-13; HRS §145-13]
HI Rev Stat § 145-14 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-14 Disposition of fees and charges.

  §145-14 Disposition of fees and charges. All fees, charges, expenses, and other moneys collected pursuant to this chapter shall be deposited with the state director of finance to the credit of the general fund. [L 1951, c 74, pt of §1; RL 1955, §23-14; am L 1963, c 114, §1 and c 193, §13; HRS §145-14]
HI Rev Stat § 145-15 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-15 Rules and regulations.

  §145-15 Rules and regulations. The department shall have the necessary powers to make rules and regulations as may be necessary to carry out the intent and purpose of this chapter, including but not limited to the following:  (1) Definition of terms;  (2) Establishing licensing requirements, licensing fees, bonding requirements and bonding procedures;  (3) Establishing criteria and limitations on claims for credit due to loss or dumping of farm products;  (4) Providing for the department on its own motion or upon the verified complaint of any interested party, to conduct investigations, audit records and conduct hearings;  (5) Providing for the denial, revocation or suspension of licenses. [L 1971, c 103, §1]
HI Rev Stat § 145-21 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-21 Definitions.

  §145-21 Definitions. For purposes of this part:  "Agricultural commodity" means any fruit, nut, or vegetable that is the food product of any tree, vine, or plant, or any aquacultural, horticultural, silvicultural, or floricultural product.  "Person" means any individual, firm, corporation, partnership, or association. [L 1999, c 186, pt of §2; am L 2003, c 20, §1]
HI Rev Stat § 145-22 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-22 Agricultural commodities; ownership and movement certification.

  §145-22 Agricultural commodities; ownership and movement certification. (a) Every person, upon sale of any agricultural commodity or upon transportation of lots of any agricultural commodity of more than two hundred pounds or with a value of at least $100 that is marketed for commercial purposes, shall complete a certificate describing the commodity, the amount and value of the commodity, and shall include:  (1) The seller's name, residence address, telephone number, and license plate number of any vehicle used by the seller to deliver the commodity to the place of purchase;  (2) The name of the farm owner and address of origin;  (3) The name of the buyer or consignee, and destination; and  (4) The signature of the seller and, upon sale, the signature of the buyer or consignee.  (b) Prior to completing the certificate, the buyer or consignee shall also require the seller to verify the seller's identity by having the seller present a valid photo identification card or license issued to the seller by a federal or state government agency. If the commodity being offered for sale has a value of $300 or more, the seller shall also provide the buyer with a photocopy of the identification card or license of the seller.  (c) No prospective buyer or consignee shall purchase an agricultural commodity from a seller if the seller does not provide a copy of the ownership and movement certification and verification as required by subsections (a) and (b). Every prospective buyer or consignee shall report an attempted sale that does not meet the requirements of subsections (a) and (b) to the police.  (d) Two copies of the certificate shall accompany the shipment, and one copy each shall be retained by the seller and the buyer or consignee. One of the copies of the certificate shall be presented upon request to a state or county law enforcement officer or other officer, employee, or any other person authorized and designated by the board of agriculture to investigate and enforce this chapter and all rules adopted by the department pursuant thereto.  (e) This section shall not apply to the retail sale of an agricultural commodity to the final consumer. [L 1999, c 186, pt of §2; am L 2003, c 20, §2; am L 2012, c 125, §2]
HI Rev Stat § 145-23 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-23 Lack of proof of ownership as a violation.

  §145-23 Lack of proof of ownership as a violation. The failure of any person who sells, transports, or possesses after sale or transport, agricultural commodities to maintain a certificate of ownership or other written proof of ownership of the agricultural commodity, as described in section 145-22, is a violation of this part and also prima facie evidence of an offense under section 708-831(1)(e). [L 1999, c 186, pt of §2; am L 2003, c 20, §3; am L 2012, c 125, §3]
HI Rev Stat § 145-24 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-24 Authorization to inspect.

  §145-24 Authorization to inspect. Every law enforcement officer or other officer or employee as described in section 145-25 having probable cause to believe that the possession, sale, or transportation of agricultural commodities is unlawful, may take reasonable steps to detain the person having possession, selling, or transporting the agricultural commodities and request from the person being detained proof of ownership of the commodities. [L 1999, c 186, pt of §2]
HI Rev Stat § 145-25 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-25 Enforcement; criminal penalties.

  §145-25 Enforcement; criminal penalties. Violations of this part or any rule adopted pursuant thereto shall be criminal offenses as follows:  (1) A violation in which the value of the agricultural commodity exceeds $100 shall be a class C felony; and  (2) A violation in which the value of the agricultural commodity is $100 or less shall be a misdemeanor. [L 1999, c 186, pt of §2; am L 2003, c 20, §4; am L 2012, c 125, §4]
HI Rev Stat § 145-26 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-26 REPEALED.

 §145-26 REPEALED. L 2012, c 125, §7.
HI Rev Stat § 145-27 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-27 Authorization to seize and hold commodities; disposition.

 §145-27 Authorization to seize and hold commodities; disposition. (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 or any other person authorized and designated by the board of agriculture 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]
HI Rev Stat § 145-28 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-28 REPEALED.

 §145-28 REPEALED. L 2012, c 125, §8.
HI Rev Stat § 145-32 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-32 Covered farm; covered produce; exemptions.

  §145-32 Covered farm; covered produce; exemptions. [See Note at part heading.] (a) Covered produce is eligible for exemption from the requirements of this part under the following conditions:  (1) The covered produce receives commercial processing that adequately reduces the presence of microorganisms of public health significance;  (2) The covered farm discloses in documents accompanying the covered produce, that in accordance with the practice of the trade, the food is "not processed to adequately reduce the presence of microorganisms of public health significance";  (3) The covered farm complies with the written assurance requirements of title 21 C.F.R. section 112.2(b)(3);  (4) The covered farm complies with the documentation requirements of title 21 C.F.R. section 112.2(b)(4);  (5) The requirements of title 21 C.F.R. part 112 subpart A (general provisions) and title 21 C.F.R. part 112 subpart Q (compliance and enforcement) apply to the covered produce; and  (6) An entity that provides a written assurance under title 21 C.F.R. section 112.2(b)(3) acts consistently with the assurance and documents its actions taken to satisfy the written assurance.  (b) A covered farm shall comply with all applicable requirements of this part, rules adopted pursuant to section 145-39, and title 21 C.F.R part 112 when conducting a covered activity on covered produce. A farm is not subject to this part if it satisfies the requirements in title 21 C.F.R. section 112.5 and the United States Food and Drug Administration has not withdrawn the farm's exemption in accordance with the requirements of title 21 C.F.R. part 112 subpart R.  (c) A farm is eligible for a qualified exemption and associated modified requirements in a calendar year if:  (1) The average annual monetary value of the food the farm sold directly to qualified end-users during the previous three-year period preceding the applicable calendar year exceeded the average annual monetary value of the food the farm sold to all other buyers during that period; and  (2) The average annual monetary value of all food the farm sold during the three-year period preceding the applicable calendar year was less than $500,000, adjusted for inflation, using 2016 as the baseline year for calculating the adjustment for inflation. If a farm is eligible for a qualified exemption in accordance with title 21 C.F.R. section 112.5, the farm shall be subject to the requirements of title 21 C.F.R. part 112 subparts A, O, Q, and R. If a farm is eligible for a qualified exemption in accordance with title 21 C.F.R. section 112.5, the farm shall be subject to the modified requirements established in title 21 C.F.R. section 112.6(b).  (d) No covered farm or farm eligible for a qualified exemption in accordance with title 21 C.F.R. section 112.5 shall violate any provision of this part, rules adopted pursuant to section 145-39, or title 21 C.F.R. part 112. [L 2019, c 103, pt of §2]
HI Rev Stat § 145-33 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-33 Chairperson to have access to certain farms.

  §145-33 Chairperson to have access to certain farms. [See Note at part heading.] The department shall have access only at reasonable hours to any covered farm or any farm eligible for a qualified exemption in accordance with title 21 C.F.R. section 112.5 for the purposes of:  (1) Inspecting the farm to determine if any provision of this part is being violated; and  (2) Securing and examining samples or specimens to determine if any provision of this part is being violated. [L 2019, c 103, pt of §2]
HI Rev Stat § 145-34 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-34 Authority to seize, condemn, or destroy covered produce.

  §145-34 Authority to seize, condemn, or destroy covered produce. (a) If the department believes any covered produce on a covered farm that is being grown, kept, or exposed for sale or held in possession or under the control of any person to be in violation of this part or rules adopted pursuant to section 145-39, the department may seize or take possession of or condemn, destroy, or require the destruction of the covered produce.  (b) Prior to condemning, destroying, or requiring the destruction of covered produce pursuant to subsection (a), the department shall seize the covered produce and either:  (1) Secure written agreement to the condemnation or destruction, on a form to be provided by the chairperson, from the person from whom the covered produce was seized; or  (2) Make complaint before a district judge pursuant to section 145-35. [L 2019, c 103, pt of §2]
HI Rev Stat § 145-35 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-35 Proceeding for condemnation or destruction of covered produce.

  §145-35 Proceeding for condemnation or destruction of covered produce. [See Note at part heading.] If unable to secure the written agreement to the condemnation or destruction as required by section 145-34(b)(1), the department shall make complaint before a district judge in whose circuit the covered produce was seized. The district judge shall issue a summons to the person from whom the covered produce was seized, directing the person to appear before the circuit court within twelve days from the date of issuing the summons and show cause as to why the covered produce should not be condemned or destroyed. If the person from whom the covered produce was seized cannot be found, then the summons shall be served upon the person then in possession of the covered produce. The summons shall be served at least six days before the time of appearance mentioned therein. If the person from whom the covered produce was seized cannot be found, and no one can be found in possession of the covered produce, and the defendant does not appear on the return day, then an appropriate court shall proceed in the case in the same manner as where a writ of attachment is returned not personally served upon any of the defendants and none of the defendants appears upon the return day. [L 2019, c 103, pt of §2]
HI Rev Stat § 145-36 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-36 Judgment; appeal; proceeds.

  §145-36 Judgment; appeal; proceeds. [See Note at part heading.] (a) Unless otherwise shown or if the covered produce to be condemned or destroyed pursuant to section 145-34 is found to be in violation of any provision of this part or rules adopted pursuant to section 145-39, it shall be the duty of the district court to render judgment that the covered produce be forfeited to the State and that the goods be destroyed or sold by the department for any purpose other than to be used for food. Either party aggrieved by the district court may appeal to the intermediate appellate court.  (b) The proceeds arising from any sale ordered pursuant to subsection (a) shall be disposed of in a manner determined by the court. [L 2019, c 103, pt of §2]
HI Rev Stat § 145-37 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-37 Impeding the department prohibited.

  §145-37 Impeding the department prohibited. [See Note at part heading.] No person shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the department, an inspector, or any other person in the performance of duty in connection with this part. [L 2019, c 103, pt of §2]
HI Rev Stat § 145-38 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-38 Civil penalty.

  §145-38 Civil penalty. [See Note at part heading.] Any person who violates any provision of this part or rule adopted pursuant to section 145-39 shall be subject to a civil penalty in an amount not to exceed $1,000 per violation. In determining the amount of any civil penalty, the board of agriculture shall give due consideration to:  (1) The history of the person's previous violations;  (2) The seriousness of the violation; and  (3) The demonstrated good faith of the person charged in attempting to achieve compliance with this part after being notified of the violation. The penalty shall be collected by the department, and the proceeds shall be deposited into the general fund. [L 2019, c 103, pt of §2; am L Sp 2021, c 9, §2]
HI Rev Stat § 145-39 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145. Regulation of Farm Produce|145-39 Rulemaking authority.

  §145-39 Rulemaking authority. [See Note at part heading.] The board of agriculture may adopt rules pursuant to chapter 91 necessary to carry out the purposes of this part. [L 2019, c 103, pt of §2]
HI Rev Stat § 145D-1 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|145D. Donation of Food|145D-1 Definitions.

  §145D-1 Definitions. Whenever used in this chapter unless the context otherwise requires:  "Charitable, religious, or nonprofit organization" means any organization which was organized and is operating in the State for charitable or religious purposes or to promote social welfare, which is exempt from income taxation under chapter 235, and which distributes food products at no cost to needy persons.  "Donor" means any person, partnership, corporation, company, or association engaged in the farming, processing, distribution, wholesaling, or retailing of food products who donates such products, without remuneration, to a charitable, religious, or nonprofit organization.  "Food product" means any fowl, seafood, animal, vegetable, or other stuff, product, or article which is customary food fit for human consumption, including prepared, canned, milk, dairy, and farm products, before or after the expiration date stamped on the products, if any.  "Needy person" means any person who lacks adequate or proper means of subsistence. [L 1982, c 260, pt of §2; am L 1990, c 55, §1]