reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 136. Laser Pointing Devices › 136-5 Exemptions.

§136-5 Exemptions.
Sections 136-3 and 136-4 shall not apply to any hand-held laser devices used in a recreational activity commonly referred to as "laser tag", and which activity is offered for a fee by an amusement or recreation facility, provided that the devices shall be collected by the operator of the facility following their use. [L 1999, c 94, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 136. Laser Pointing Devices › 136-6 Penalties.

§136-6 Penalties.
(a) Any violation of section 136-2 is punishable by a fine of not less than $100 and not more than $500 or imprisonment for a definite term to be fixed by the court not to exceed thirty days, or both.
(b) Any violation of section 136-3 or 136-4 is punishable by a fine of not less than $100 and not more than $500. [L 1999, c 94, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 137. Search and Rescue Reimbursement Act › 137-1 Definitions.

§137-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Government entity" means any department, unit, or agency, of the federal, state, or county governments.
"Search and rescue expenses" include the following expenses incident to, and incurred by, a government entity or any person or private entity in a search or rescue operation:
(1) Any and all actual hourly wages, salaries, and employment-related benefits, of persons participating in a search or rescue operation;
(2) Any and all equipment costs, including rental, lease, use, repair, and/or replacement costs of equipment used in a search or rescue operation;
(3) Any and all fuel expenses incident to a search or rescue operation;
(4) Any and all other expenses relating to a search and rescue operation.
"Warning or notice" means any warning or notice issued by a government entity posted on any type of sign. [L 1999, c 66, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 137. Search and Rescue Reimbursement Act › 137-2 Reimbursement.

§137-2 Reimbursement.
(a) Whenever any government entity engages in a search or rescue operation for the purpose of searching for or rescuing a person, and incurs search and rescue expenses therein, the government entity may seek reimbursement from the following:
(1) The person on whose behalf search or rescue operations were conducted, including the person's estate, guardians, custodians, or other entity responsible for the person's safety;
(2) A person who ultimately benefited from a search or rescue operation by being rescued; or
(3) Any entity responsible for placing the person in the position of danger for which the search or rescue operation was initiated.
(b) Reimbursement under subsection (a) shall be allowed only if the need for search or rescue was caused by any act or omission by the person searched for or rescued, constituting intentional disregard for the person's safety, including, but not limited to, intentionally disregarding a warning or notice. [L 1999, c 66, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 137. Search and Rescue Reimbursement Act › 137-3 Action.

§137-3 Action.
(a) Whenever a government entity seeks reimbursement of search and rescue expenses, including expenses paid or owing to private persons or entities by the government entity, in connection with a search and rescue, the government entity may bring an action in any court of competent jurisdiction; provided the reimbursement sought shall not in any case exceed the total cost incurred for the search and rescue operation.
(b) This chapter is not intended to restrict or diminish the right of any government entity to settle or compromise its rights provided in this chapter. [L 1999, c 66, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 138. Enhanced 911 Services for Mobile Phones › 138-3 Enhanced 911 fund.

§138-3 Enhanced 911 fund.
There is established outside the state treasury a special fund, to be known as the enhanced 911 fund, to be administered by the board. The fund shall consist of amounts collected under section 138-4. The board shall place the funds in an interest-bearing account at any federally insured financial institution, separate and apart from the general fund of the State. Moneys in the fund shall be expended exclusively by the board for the purposes of ensuring adequate funding to deploy and sustain enhanced 911 service, developing and funding future enhanced 911 technologies, and funding expenses of administering the fund. [L 2004, c 159, pt of §2; am L 2009, c 79, §2; am L 2011, c 168, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 138. Enhanced 911 Services for Mobile Phones › 138-5 Disbursements from the fund.

§138-5 Disbursements from the fund.
(a) Every public safety answering point shall be eligible to seek disbursements from the fund to pay for the reasonable costs to lease, purchase, or maintain all necessary equipment, including computer hardware, software, and database provisioning, required by the public safety answering point to provide technical functionality for the enhanced 911 service. Reasonable costs may include expenses directly associated with the planning phases and training of personnel in any new and emerging technologies involving enhanced 911. All other expenses necessary to operate the public safety answering point, including but not limited to those expenses related to overhead, staffing, and other day-to-day operational expenses, shall continue to be paid through the general funding of the respective counties.
(b) Every public safety answering point shall be eligible to seek disbursements from the fund to pay for the reasonable costs associated with having representatives, other than board members, on board committees, including established and investigative committees.
(c) Each communications service provider may request reimbursement from the fund of enhanced 911 service costs incurred; provided that the costs:
(1) Are recoverable under section 138-4(d); and
(2) Have not already been reimbursed to the communications service provider from the fund.
In no event shall a communications service provider be reimbursed for any amount above its actual enhanced 911 communications service costs allowed to be recovered under section 138-4(d).
(d) Every communications service provider may seek disbursements from the fund to pay for the reasonable costs associated with having representatives, other than board members, on board committees, including established and investigative committees.
(e) After the expenses of the board are paid, the public safety answering points shall be allocated two-thirds of the remaining balance of the fund. The remaining one-third shall be available for communications service provider cost recovery. The board shall determine the reimbursement amounts for the public safety answering points, based on the limitations set forth in section 138-5(a). The reimbursement level for each communications service provider shall be limited:
(1) To one-third of the total contribution made by the individual communications service provider into the fund; provided that this method of direct reimbursement shall not be available to the provider of wire line enhanced 911; and
(2) As provided in subsection (c). [L 2004, c 159, pt of §2; am L 2011, c 168, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 138. Enhanced 911 Services for Mobile Phones › 138-6 Report to the legislature.

§138-6
Report to the legislature.
The board shall submit an annual report to the legislature, including:
(1) The total aggregate surcharge collected by the State in the last fiscal year;
(2) The amount of disbursement from the fund;
(3) The recipient of each disbursement and a description of the project for which the money was disbursed;
(4) The conditions, if any, placed by the board on disbursements from the fund;
(5) The planned expenditures from the fund in the next fiscal year;
(6) The amount of any unexpended funds carried forward for the next fiscal year;
(7) A cost study to guide the legislature towards necessary adjustments to the fund and the monthly surcharge; and
(8) A status report of jurisdictional capabilities for enhanced 911 services, including public safety answering points and communications service providers. [L 2004, c 159, pt of §2; am L 2011, c 168, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 138. Enhanced 911 Services for Mobile Phones › 138-7 Audits.

§138-7 Audits.
(a) During any period in which an enhanced 911 surcharge is imposed upon customers, the board may request an audited report prepared by an independent certified public accountant that demonstrates that the request for cost recovery from public safety answering points and communications service providers recovers only costs and expenses directly related to the provision of enhanced 911 service as authorized by this chapter. The cost of the audited reports shall be considered expenses of the board. The board shall prevent public disclosure of proprietary information contained in the audited report, unless required by court order or appropriate administrative agency decision.
(b) The board shall select an independent third party to audit the fund every two years to determine whether the fund is being managed in accordance with this chapter. The board may use the audit to determine whether the amount of the surcharge assessed on each communications service connection is required to be adjusted. The costs of the audit shall be an administrative cost of the board recoverable from the fund. [L 2004, c 159, pt of §2; am L 2011, c 168, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 138. Enhanced 911 Services for Mobile Phones › 138-8 Proprietary information.

§138-8
Proprietary information.
(a) All proprietary information submitted to the board by any third party used by the board in connection with its duties or any public safety answering point in deploying enhanced 911 service shall be retained in confidence. Proprietary information submitted pursuant to this chapter shall not be released to any person, other than to the submitting communications service provider or reseller, the board, or any independent, third-party accounting firm retained by the board, without the express permission of the submitting communications service provider or reseller. General information collected by the board shall be released or published only in aggregate amounts that do not identify or allow identification of numbers of subscribers or revenues attributable to an individual communications service provider.
(b) The board, any third parties it may retain, and any public safety answering point shall take appropriate measures to maintain the confidentiality of the proprietary information that may be submitted by a communications service provider. The board shall hold all [proprietary] information in confidence and shall adopt reasonable procedures to prevent disclosure or providing access to the proprietary information to the public and competitors, including members of the board representing other communications service providers. Members of the board shall not disclose the information to any third parties, including their employers, without the written consent of the communications service provider whose proprietary information is to be disclosed.
(c) A committee consisting of all board members, except the communications service provider representatives, shall have the power to act for the board on the specific matters defined by the board, when at least two-thirds of the members of the board determine that a board action may be conducted by the committee to prevent disclosure of proprietary information to the communications service provider representatives. [L 2004, c 159, pt of §2; am L 2011, c 168, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 138. Enhanced 911 Services for Mobile Phones › 138-9 Limitation of liability.

§138-9
Limitation of liability.
(a) Notwithstanding any law to the contrary, in no event shall any communications service provider, reseller, independent, third-party accounting firms, consultants, or other third party retained by the State under section 138-2, or their respective employees, directors, officers, assigns, affiliates, or agents, except in cases of gross negligence or wanton and wilful misconduct, be liable for any civil damages or criminal liability resulting from death or injury to a person or from damage to property incurred by any person in connection with any act or omission in developing, designing, adopting, establishing, installing, participating in, implementing, maintaining, or providing access to enhanced 911 or any other communications service intended to help persons obtain emergency assistance. In addition, no communications service provider, reseller, independent, third-party accounting firms, consultants, or other third party retained by the State under section 138-2, or their respective employees, directors, officers, assigns, affiliates, or agents shall be liable for civil damages or criminal liability in connection with the release of customer information to any governmental entity, including any public safety answering point, as required under this chapter.
(b) In no event shall any public safety answering point, or its employees, assigns, or agents, or emergency response personnel, except in cases of gross negligence or wanton and wilful misconduct, be liable for any civil damages or criminal liability resulting from death or injury to the person or from damage to property incurred by any person in connection with any act or omission in the development, installation, maintenance, operation, or provision of enhanced 911 service. [L 2004, c 159, pt of §2; am L 2011, c 168, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 138. Enhanced 911 Services for Mobile Phones › 138-10 Database or location information.

§138-10
Database or location information.
(a) Any communications service location information obtained by any public safety answering point or public safety agency or its personnel for public safety purposes is not a government record open to disclosure under chapter 92F.
(b) A person shall not disclose or use, for any purpose other than the enhanced 911 calling system, information contained in the database of the communications service provider's network portion of the enhanced 911 calling system established pursuant to this chapter, without the prior written consent of the communications service provider. [L 2004, c 159, pt of §2; am L 2011, c 168, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 138. Enhanced 911 Services for Mobile Phones › 138-11 Dispute resolution.

§138-11
Dispute resolution.
(a) Any communications service provider, reseller, independent, third-party accounting firms, consultants, or other third party retained by the State under section 138-2, or public safety answering point aggrieved by a decision of the board shall have the right to petition the board for reconsideration within ten days following the rendering of the board's decision. As part of its petition for reconsideration, the aggrieved party may present any reasonable evidence or information for the board to consider. The board shall render its decision on the reconsideration petition as soon as reasonably possible, but no later than thirty days after the reconsideration request is made.
(b) An aggrieved party, following the completion of the reconsideration petition process, upon agreement of the other party, may have the dispute resolved through final and binding arbitration by a single arbitrator in accordance with the Industry Arbitration Rules of the American Arbitration Association. The costs of the arbitration, including the fees and expenses of the arbitrator, shall be borne by the nonprevailing party of any arbitration proceeding. The arbitrator's decision shall be final and binding and may be confirmed and enforced in any court of competent jurisdiction.
(c) Nothing in this section shall preclude any communications service provider, reseller, independent, third-party accounting firms, consultants, or other third party retained by the State under section 138-2, or public safety answering point from pursuing any existing right or remedy to which it is entitled in any court having jurisdiction thereof. [L 2004, c 159, pt of §2; am L 2011, c 168, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 138. Enhanced 911 Services for Mobile Phones › 138-12 Service contracts.

§138-12
Service contracts.
A communications service provider shall not be required to provide enhanced 911 service until the communications service provider and the public safety answering point providing enhanced 911 service in the county or counties in which the communications service provider is licensed to provide communications service have entered into a written agreement setting forth the basic terms of service to be provided. [L 2004, c 159, pt of §2; am L 2011, c 168, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-3 Designation of pests; control or eradication of pests; emergency power.

§141-3 Designation of pests; control or eradication of pests; emergency power.
(a) The department of agriculture 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 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-3.5 Control or eradication programs.

§141-3.5 Control or eradication programs.
(a) The department of agriculture shall develop and implement a detailed control or eradication program for any pest designated in section 141-3, using the best available technology in a manner consistent with state and federal law.
(b) For any pest designated by emergency rule as provided in section 141-3, the department of agriculture shall implement an emergency program using the best available technology in a manner consistent with state and federal law.
(c) The department of agriculture:
(1) In conjunction with the Hawaii Ant Lab, may identify best practices for the treatment of little fire ants; and
(2) Shall post on its website any best practices identified for the treatment of little fire ants. [L 1989, c 267, pt of §1; am L 2020, c 32, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-3.6 Entry of private property to control or eradicate any pests.

§141-3.6 Entry of private property to control or eradicate any pests.
(a) The department of agriculture or applicable county shall give at least five days notice to the landowner and the occupier of any private property of its intention to enter the property for the control or eradication of a pest. Written notice sent to the landowner's last known address by certified mail, postage prepaid, return receipt requested, shall be deemed sufficient notice. If certified mail is impractical because the department or county, despite diligent efforts, cannot determine land ownership or because of urgent need to initiate control or eradication measures, notice given once in a daily or weekly publication of general circulation, in the county where any action or proposed action will be taken, or notice made as otherwise provided by law, shall be deemed sufficient notice. The notice shall set forth all pertinent information on the pest control program and the procedures and methods to be used for control or eradication.
(b) After notice as required by subsection (a), any member of the department, employee of the county, or any agent authorized by the department or county may enter at reasonable times any private property other than dwelling places to maintain a pest control or eradication program, being liable only for damage caused by acts beyond the scope of the person's authority, or the person's negligence, gross negligence, or intentional misconduct. If entry is refused, the department member, county employee, or any authorized agent may apply to the district court in the circuit in which the property is located for a warrant to enter on the premises to effectuate the purposes of this chapter. The district court may issue a warrant directing a police officer of the circuit to assist the department member, county employee, or any authorized agent in gaining entry onto the premises during regular working hours or at other reasonable times. [L 1989, c 267, pt of §1; am L 1992, c 72, §2; am L 1993, c 56, §1; am L 1997, c 62, §1; am L 2017, c 182, §2]
Cross References
Entry of private property for enforcement, see §150A-11.5.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-4 Weights of coffee; rules.

§141-4 Weights of coffee; rules.
The department of agriculture may make rules respecting the weighing of coffee prior to its shipment to points outside the State, and providing for the certification of weights thereof. Further, a reasonable schedule of fees to defray the expense of administering this section shall be established by the department, which fees shall be collected and deposited with the state director of finance to the credit of the general fund; provided that the department shall consult the appropriate industries, organizations, and agencies prior to the promulgation of the rules. [L 1955, JR 38, §1; RL 1955, §18-15.5; am L Sp 1959 2d, c 1, § §14, 22; am L 1961, c 132, §2; am L 1963, c 114, §1 and c 193, §6; HRS §141-4]
Cross References
Measurement standards, see chapter 486.
Rulemaking procedure, see chapter 91.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-5 Charges for inspection, etc.

§141-5 Charges for inspection, etc.
The department of agriculture, with the approval of the governor, shall adopt a reasonable scale of charges, which may be changed from time to time, for the inspection, disinfection, fumigation, and quarantine that is authorized, required, or permitted by this chapter or chapter 142, 150, or 150A. Certificates and permits in these chapters concerning articles or animals imported, or proposed to be imported, into the State, and the charges provided for, shall be paid for in advance before any certificate or permit is delivered, or any of the articles or animals are permitted to be landed. If thereafter further expense is incurred in the inspection, treatment, or quarantine of any of the articles or animals, the charges shall be paid before any of the articles or animals shall be delivered. [L 1903, c 44, §15; am L 1905, c 82, §2; RL 1925, §642; RL 1935, §238; RL 1945, §1364; RL 1955, §18-16; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §141-5; am L 2008, c 236, §4]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-6 Appeal from inspector's decision.

§141-6 Appeal from inspector's decision.
Any person who feels aggrieved at any decision of any inspector of the department of agriculture shall have the right to appeal from the decision to the board of agriculture. The board shall give a prompt hearing to the appellant and the inspector upon the appeal, and decide the question at issue, which decision shall be subject to judicial review as provided in chapter 91. [L 1903, c 44, §17; RL 1925, §643; RL 1935, §239; RL 1945, §1365; RL 1955, §18-17; am L 1965, c 96, §14; HRS §141-6]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-7 General penalty.

§141-7 General penalty.
(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, 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-8 Crop damage; civil liability.

§141-8 Crop damage; civil liability.
(a) Any person who wilfully or knowingly damages or destroys any crop, including silvicultural crops or agricultural commodities as defined in section 145-21, that is known by the person to be intended for personal or commercial purposes, or for research and development purposes by any private or public research facility, federal, state, or local government agency, or university shall be liable for twice the value of the crop or commodity damaged or destroyed.
(b) Damages available under this section shall be limited to twice the market value of the crop or commodity and the production, research, testing, replacement, and crop or commodity development costs directly related to the damaged or destroyed crop or commodity.
(c) Rights and remedies under this section are in addition to any other rights or remedies otherwise available or penalties that may otherwise be imposed. [L 2001, c 298, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-9 Energy feedstock program.

§141-9 Energy feedstock program.
(a) There is established within the department of agriculture an energy feedstock program that shall:
(1) Maintain cognizance of actions taken by industry and by federal, state, county, and private agencies in activities relating to the production of energy feedstock, and promote and support worthwhile energy feedstock production activities in the State;
(2) Serve as an information clearinghouse for energy feedstock production activities;
(3) Coordinate development projects to investigate and solve biological and technical problems involved in raising selected species with commercial energy generating potential;
(4) Actively seek federal funding for energy feedstock production activities;
(5) Undertake activities required to develop and expand the energy feedstock production industry; and
(6) Perform other functions and activities as may be assigned by law, including monitoring the compliance provisions under section 205-4.5(a)(16).
(b) The chairperson of the board of agriculture shall consult and coordinate with the chief energy officer of the Hawaii state energy office under chapter 196 to establish milestones and objectives for the production of energy feedstock that is grown in the State. The chairperson and the chief energy officer of the Hawaii state energy office shall report the State's progress toward meeting such milestones and objectives annually to the legislature.
(c) The chairperson of the board of agriculture shall also consult and coordinate with research programs and activities at the University of Hawaii that will assist in the further growth and promotion of the energy feedstock production industry in Hawaii.
(d) The chairperson of the board of agriculture may employ temporary staff exempt from chapters 76 and 89. The board may adopt rules pursuant to chapter 91 to effectuate the purposes of this section. [L 2007, c 159, §5; am L 2012, c 329, §2; am L 2019, c 122, §3]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-12 Agricultural food safety certification program.

§141-12 Agricultural food safety certification program.
(a)
There is established within the department of agriculture an agricultural food safety certification program. The program shall:
(1) Develop and implement a certification system that shall at a minimum comply with the requirements of the FDA Food Safety Modernization Act;
(2) Support the agricultural industry and assist farmers and ranchers subject to the requirements of the FDA Food Safety Modernization Act by developing and implementing a food safety certification program that will concurrently satisfy the requirements of the department of agriculture and the FDA Food Safety Modernization Act;
(3) Conduct research into alternative, less burdensome methods by which Hawaii's farmers and ranchers can satisfy the requirements of the FDA Food Safety Modernization Act;
(4) Establish an education program, including online classes, that addresses compliance with state and federal food safety requirements for farmers and ranchers;
(5) Serve as an information clearinghouse for all matters related to the FDA Food Safety Modernization Act and any other food safety laws; and
(6) Undertake activities to improve and sustain the safety of agricultural foods and other functions as may be assigned by law.
(b) The chairperson of the board of agriculture may employ:
(1) One program manager and one specialist, who are qualified to apply the provisions and requirements of the FDA Food Safety Modernization Act to the program; and
(2) One clerical staff person.
(c) For purposes of this section, "agricultural food" includes food that is applicable to farmers and ranchers under the FDA Food Safety Modernization Act. [L 2016, c 106, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-12.5 Grant program; food safety certification costs.

§141-12.5 Grant program; food safety certification costs.
(a) There is established in the department of agriculture a grant program to assist farmers and ranchers in meeting the costs, including audit costs and other expenses, of complying with the federal Food Safety Modernization Act, United States Food and Drug Administration regulations, and state food safety laws.
(b) The program shall provide grants to qualified applicants with the following terms and conditions:
(1) No grants shall be given unless money has been spent by the applicant toward complying with the federal Food Safety Modernization Act, United States Food and Drug Administration regulations, or state food safety laws;
(2) The total amount of a grant to any one applicant shall not exceed $5,000; and
(3) No grant shall be given for costs that were incurred more than five years prior to the time the application for the grant is received by the department.
(c) The department shall adopt rules to carry out the purposes of the grant program. The grant applications shall be reviewed and approved by an administrative staff member of the department. [L 2017, c 183, §1; am L 2018, c 57, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-13 Hawaii healthy food incentive program; rules.

§141-13 Hawaii healthy food incentive program; rules.
(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.
(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 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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-14 Industrial hemp special fund; established.

§141-14
Industrial hemp special fund; established.
(a) There is created in the state treasury a special fund to be designated as the industrial hemp special fund to be administered by the department of agriculture. Moneys deposited in this special fund shall be used to fulfill the purposes of this part and shall include:
(1) Any moneys appropriated by the legislature to the special fund;
(2) Any fees collected by the department of agriculture in relation to the industrial hemp pilot program; and
(3) The interest or return on investments earned from moneys in the special fund.
(b) The department of agriculture may use the moneys in the special fund to carry out the purposes of this part, including hiring employees, specialists, and consultants necessary to complete projects related to the purposes of this part. [L 2018, c 59, §2]
Revision Note
This section was renumbered from §141-41 pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-15 Farmer apprentice mentoring program; established.

§141-15 Farmer apprentice mentoring program; established.
(a) There is established the farmer apprentice mentoring program, to be administered by the department of agriculture to support farmer mentors in training apprentices.
(b) Subject to the availability of funding, the department of agriculture may enter into contracts with qualified farmer mentorship providers on a first-come, first-served basis, and in accordance with section 103D-304, to effectuate the purposes of this section.
(c) A qualified farmer mentorship provider that provides services pursuant to this section shall make available for inspection and examination by the department of agriculture during regular business hours all relevant training and mentoring materials, sites, and facilities.
(d) The department of agriculture shall submit a report to the legislature no later than twenty days prior to the convening of each regular session. The report shall include, at a minimum:
(1) The number of farmer apprentices enrolled in the farmer apprentice mentoring program during the preceding year;
(2) A listing of each qualified farmer mentorship provider;
(3) An assessment of the ability of farmer mentorship providers participating in the program to complete any program objectives and work tasks identified by the department of agriculture; and
(4) An evaluation of the results achieved by the program, to be written, to the extent possible, in measurable and quantifiable terms. [L 2022, c 304, §2; am L 2023, c 17, §3]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-31 to 141-40 REPEALED. §141-41 Renumbered as §141-14.

§ §141-31 to 141-40 REPEALED.
L 2020, c 14, §6.
§141-41 Renumbered as §141-14.
Cross References
For similar provisions, see part III and chapter 328G.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-43 Rulemaking authority.

§141-43 Rulemaking authority.
[See Note at part heading.]
(a) The department of agriculture shall adopt rules pursuant to chapter 91 to effectuate the purpose of this part, including any rules necessary to address any nuisance issues, including smell, noise, and excessive lighting arising out of the activities of hemp growers licensed under the State's industrial hemp pilot program who grow hemp within areas prohibited under section 141-42(a)(1) and (2).
(b) No later than September 30, 2020, the department of agriculture shall adopt interim rules, which shall be exempt from chapters 91 and 201M to effectuate the purposes of this part; provided that the interim rules shall remain in effect through June 30, 2022, or until rules are adopted pursuant to subsection (a), whichever occurs sooner. [L 2020, c 14, pt of §3, §9; am L 2022, c 137, §2; am L 2023, c 263, §4]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-51 Definitions.

§141-51 Definitions.
As used in this part:
"Aquaculture" means any form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. The term "aquaculture" does not include species of ornamental marine or freshwater plants and animals that are not utilized for human consumption or bait purposes and that are maintained in closed systems for personal, pet industry, or hobby purposes.
"Chairperson" means the chairperson of the board of agriculture.
"Department" means the department of agriculture.
"Indigenous species" means any aquatic life, wildlife, or land plant species growing or living naturally in Hawaii without having been brought to Hawaii by humans.
"Person" means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. [L 2022, c 134, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-52 Aquaculture program.

§141-52 Aquaculture program.
(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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-53 Fees for aquaculture services.

§141-53 Fees for aquaculture services.
The department of agriculture may establish and assess fees pursuant to chapter 91 for:
(1) Aquatic animal and plant health diagnostic services; and
(2) Any items or expert services purchased from the department related to aquaculture planning, aquaculture disease management, and the marketing of seafood products;
provided that the assessment of these fees does not violate any provisions of this chapter. [L 2022, c 134, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-54 Aquaculture development special fund.

§141-54 Aquaculture development special fund.
(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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-55 Powers, duties, and activities of the department.

§141-55 Powers, duties, and activities of the department.
(a) The business of aquaculture shall be governed by this part and shall be exempt from any other provisions relating to the harvesting, processing, and marketing of cultured aquatic life.
(b) Except as provided in this part, the business of aquaculture processing, distribution, and marketing shall be administered by the chairperson.
(c) The chairperson may enter into an agreement with the chairperson of the board of land and natural resources for the resolution of any conflict regarding jurisdiction that arises under this part.
(d) Any costs incurred by the department in implementing this part shall be recovered pursuant to this part. [L 2022, c 134, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-56 Brood stock acquisition; exclusive property rights.

§141-56 Brood stock acquisition; exclusive property rights.
The cultured progeny of wild plants and animals lawfully obtained by brood stock acquisition are the exclusive property of the person who cultured them or that person's successor in interest. [L 2022, c 134, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-57 Protection of indigenous species.

§141-57 Protection of indigenous species.
(a) When necessary for the protection of indigenous species, the department may regulate the transportation, purchase, possession, and sale of specific aquaculture products as provided for in this section.
(b) The department may determine that aquaculture products shall be accompanied by a document containing any of the following information:
(1) The name, address, and registration number of the aquaculture producer;
(2) The species;
(3) The weight, volume, or count within the container;
(4) The date of the shipment; and
(5) The name and address of the intended receiver.
(c) The department may require that certain aquaculture products be additionally identified as having been produced by aquaculture. [L 2022, c 134, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 141. Department of Agriculture › 141-58 Programmatic environmental impact reports.

§141-58 Programmatic environmental impact reports.
(a) The department shall prepare programmatic environmental impact reports for existing and potential commercial aquaculture operations in both coastal and inland areas of the State if both of the following conditions are met:
(1) Funds are appropriated to the department for this purpose; and
(2) Matching funds are provided by the aquaculture industry.
(b) For purposes of this section, "matching funds" includes but is not limited to any funds expended by the aquaculture industry before January 1, 2022, for the preparation of a programmatic environmental impact report. [L 2022, c 134, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-1 Information and statistics.

§142-1 Information and statistics.
The department of agriculture shall gather, compile, and tabulate, from time to time information and statistics concerning domestic animals in the State, their protection and use, inquire into and report upon the causes of contagious, infectious and communicable diseases among them, and the means for the prevention, suppression, and cure of the same. [L 1905, c 82, pt of §4; RL 1925, §607; RL 1935, §202; am L 1941, c 228, §2; RL 1945, §1051; RL 1955, §20-1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 142. Animals, Brands, and Fences › 142-3 Department, duties.

§142-3 Department, duties.
The department of agriculture shall have charge, direction, and control of all matters relating to the inspection of animals and the prevention and eradication of contagious, infectious, and communicable diseases among animals and of all matters relating to animal industry within 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]