reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-7 General powers.

§161-7 General powers.
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A statement that a copy of the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed will be mailed to any interested person who requests a copy, together with a description of where and how the requests may be made.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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-8 Information, investigations, hearings.

§161-8 Information, investigations, hearings.
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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-11 Certificate of sanitation.

§161-11 Certificate of sanitation.
The board may issue certificates of sanitation to poultry slaughterhouses and poultry processors which are subject to this chapter and which meet minimum sanitary specifications required for (1) the slaughtering of poultry for use of the poultry or poultry products in intrastate commerce, and (2) for the processing, transporting, storing, and handling of poultry or poultry products in intrastate commerce. The board may adopt rules subject to chapter 91 governing the minimum sanitary specifications and prescribing forms, requiring reports, and providing for periodic renewals of certificates of sanitation.
Notwithstanding any requirement under this chapter or the rules adopted under this chapter which require the renovation or upgrading of the physical facilities of poultry slaughterhouses or poultry processors in order to obtain a certificate of sanitation, the board, as of July 1, 1970, shall continue to issue certificates of sanitation to poultry slaughterhouses and poultry processors now licensed by the State, and shall allow them to continue their operations; provided that the facilities of the poultry slaughterhouses and poultry processors shall be sanitary and that the products which emerge from their respective operations are wholesome, not adulterated, and fit for human consumption; and provided further that upon the sale or transfer of any of the foregoing businesses, the person to whom the business is transferred shall be required to meet all of the requirements of this chapter and the rules adopted under this chapter. [L 1969, c 212, §7; am L 1993, c 92, §3]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-12 License required.

§161-12 License required.
It shall be unlawful for any person to engage in the business of slaughtering poultry or manufacturing or processing of poultry or poultry products without a license as required under this part. [L 1969, c 212, §8]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-13 Application for a license.

§161-13 Application for a license.
The board may issue licenses to poultry slaughterhouses and poultry processing establishments having certificates of sanitation issued under section 161-11. An applicant for an original or renewal license to operate as a poultry slaughterhouse operator or poultry processor shall file an application upon a form prepared by the board, containing such information which the board deems necessary for the administration of this chapter.
The license year shall be from July 1 to the following June 30. All applications for renewal of licenses must be made at least thirty days before the commencement of the license year. [L 1969, c 212, §9]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-15 Granting, suspending, and revoking licenses.

§161-15 Granting, suspending, and revoking licenses.
The action of the board in refusing to grant or renew a license, or in revoking or suspending a license, may be reviewed in the manner provided by chapter 91.
(a) No license shall be denied unless the board finds after due notice and opportunity of hearing in accordance with chapter 91, one or more of the following:
(1) That the applicant does not qualify or does not possess the facilities to conduct a business properly.
(2) That the applicant does not have the financial responsibility to conduct a business properly.
(3) That the issuance of a license is otherwise not in the public interest.
(b) The board may refuse to renew a license or may suspend or revoke a license upon due notice and opportunity of hearing in accordance with chapter 91, to the licensee when it finds any of the following:
(1) The licensee has been adjudged a bankrupt.
(2) The licensee has violated chapter 480, and said violation is directly or indirectly involved with the state poultry industry.
(3) The licensee has failed to keep records or to furnish the statements or information required by the board.
(4) The licensee has intentionally made a false or misleading statement upon which the license was issued.
(5) The licensee has violated or failed to comply with any of the provisions of this chapter.
(6) The licensee has ceased to operate the business for which the license was issued.
(c) The board may conditionally renew a license or may conditionally decline to suspend or revoke a license, but such condition shall have appropriate relation to the administration of this chapter. [L 1969, c 212, §11]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-21 Ante-mortem inspection.

§161-21 Ante-mortem inspection.
For the purpose of preventing the use in intrastate commerce of poultry or poultry products which are adulterated, the board shall cause to be made, by veterinarians and poultry inspectors appointed for that purpose, an examination and inspection of all poultry, before they are allowed to enter into any poultry slaughtering, packing, poultry-canning, or similar establishment in this State in which slaughtering and processing of poultry or poultry products are conducted solely for intrastate commerce; and all poultry found on such inspection to show symptoms of disease shall be set apart from all other poultry and slaughtered or otherwise disposed of as provided in the rules and regulations, and when so slaughtered, the carcasses of the poultry shall be subject to a careful examination and inspection, all as provided by the rules and regulations to be prescribed by the board. [L 1969, c 212, §13]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-24 Sanitation.

§161-24 Sanitation.
The board shall cause to be made by veterinarians or poultry inspectors, an inspection of the sanitary conditions of all poultry slaughtering, poultry-canning, packing, or similar establishments in which poultry are slaughtered and the poultry or poultry products thereof are processed solely for intrastate commerce and to prescribe the rules and regulations of sanitation under which such establishments shall be maintained; and where the sanitary conditions of any such establishment are such that the poultry or poultry products are rendered adulterated, it shall refuse to allow the poultry or poultry products to be labeled, marked, stamped, or tagged as "Hawaii Inspected and Passed". [L 1969, c 212, §16]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-25 Slaughter, processing, transportation, and selling.

§161-25 Slaughter, processing, transportation, and selling.
No person shall, with respect to any poultry or poultry product:
(1) Slaughter any such poultry or process any such poultry or poultry products which are capable of use as human food, at any establishment processing such poultry or poultry products solely for intrastate commerce, except in compliance with the requirements of this chapter.
(2) Sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, (A) any such poultry or poultry products which are capable of use as human food, and are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or (B) any poultry or poultry products required to be inspected under this chapter unless they have been so inspected and passed.
(3) Do, with respect to any such poultry or poultry products which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after such transportation, which is intended to cause or has the effect of causing such poultry or poultry product to be adulterated or misbranded. [L 1969, c 212, §17]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-26 Forgery of mark, brand, or label.

§161-26 Forgery of mark, brand, or label.
(a) No brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the board.
(b) No person shall:
(1) Forge any official device, mark, or certificate;
(2) Without authorization from the board, use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate;
(3) Contrary to the regulations prescribed by the board, fail to use, or to detach, deface, or destroy any official device, mark, or certificate;
(4) Knowingly possess, without promptly notifying the board or its representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any poultry or poultry product bearing any counterfeit, simulated, forged, or improperly altered official mark;
(5) Knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the board; or
(6) Knowingly represent that any poultry or poultry product has been inspected and passed, or exempted, under this chapter when, in fact, it has, respectively, not been so inspected and passed, or exempted. [L 1969, c 212, §18]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-27 Inspectors.

§161-27 Inspectors.
Veterinarians and poultry inspectors shall examine and inspect all poultry, all carcasses and parts thereof, and all poultry products, and the sanitary conditions of all establishments in which poultry or poultry products are processed; and the veterinarians and poultry inspectors shall refuse to stamp, mark, tag, or label any carcass or any part thereof, or poultry product, prepared in any establishment until it shall have actually been inspected and found to be not adulterated; and shall perform such other duties as are provided by this chapter and by the rules and regulations to be prescribed by the board and the board shall, from time to time, make such rules and regulations in accordance with chapter 91, as are necessary for the efficient execution of this chapter, and all inspections and examinations made under this chapter shall be in accordance with the rules and regulations prescribed by the board and this chapter. [L 1969, c 212, §19]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-28 Bribery.

§161-28 Bribery.
(a) Any person or employee of any person, who gives, pays, or offers, directly or indirectly, to any inspector, or to any other officer or employee of the State authorized to perform any of the duties prescribed by this chapter or by the rules adopted by 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. The minimum fine shall be $5,000.
(b) Any inspector or other officer or employee of this State authorized to perform any of the duties prescribed by this chapter who accepts any money, gift, or other thing of value from any person, officer, agent, or employee of any person, given with intent to influence the state inspector's, officer's, or employee's official actions, shall be discharged from office and shall be guilty of a class C felony. The minimum fine shall be $1,000.
(c) Notwithstanding subsection (a), any inspector or other officer or employee of this State authorized to perform any of the duties prescribed by this chapter who receives or accepts from any person who is engaged in intrastate commerce and is 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. The minimum fine shall be $1,000. [L 1969, c 212, §20; gen ch 1985; am L 1993, c 92, §5]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-30 Storing, handling, and transporting.

§161-30 Storing, handling, and transporting.
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. [L 1969, c 212, §22]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-36 Records; subject to examination.

§161-36 Records; subject to examination.
(a) For the enforcement of this chapter, the following classes of persons shall keep records, as the board by rule may require, that will fully and correctly disclose all transactions; and all persons subject to these requirements shall, at all reasonable times, upon notice by an authorized representative of the board, afford that representative or any authorized representative of the United States Secretary of Agriculture access to their places of business and opportunity to examine the facilities, inventory, and records thereof, to copy all those records, and to take reasonable samples of their inventory upon payment of the fair market value therefor:
(1) Any person that is engaged, in or for intrastate commerce, in the business of slaughtering any poultry or processing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any poultry capable of use as human or animal food, including any person operating under the exemptions in section 161-29(a)(2) or (3);
(2) Any person that is engaged in the business of buying or selling, as poultry brokers, wholesalers, or otherwise, or transporting in intrastate commerce, or storing in or for intrastate commerce, any carcasses, or parts or products of carcasses, of any poultry;
(3) Any person that is engaged in business, in or for intrastate commerce, as renderers, or engaged in the business of buying, selling, or transporting, in intrastate commerce, any dead, dying, disabled, or diseased poultry, or parts of the carcasses of any such poultry that died otherwise than by slaughter.
(b) Any record required to be maintained by this section shall be maintained for the period specified by rule. [L 1969, c 212, §23; am L 1993, c 92, §7]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-37 Articles not intended for human food.

§161-37 Articles not intended for human food.
Inspection shall not be made under this chapter at any establishment for the slaughter of poultry or the processing of any carcasses or parts or products of poultry, which are not intended for use as human food, provided that the poultry or poultry products shall, prior to their offer for sale or transportation in intrastate commerce, unless naturally inedible by humans, be denatured or otherwise identified as specified by rule to deter their use for human food. No person shall buy, sell, transport, or offer for sale or transportation, or receive for transportation, in intrastate commerce, any carcasses, parts thereof, poultry, or poultry products of any poultry which are not intended for use as human food unless they are denatured or otherwise identified as required by the rules adopted by the board or are naturally inedible by humans. [L 1969, c 212, §24; am L 1993, c 92, §8]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-38 Dead, dying, disabled, or diseased poultry.

§161-38 Dead, dying, disabled, or diseased poultry.
No person engaged in the business of buying, selling, or transporting in intrastate commerce dead, dying, disabled, or diseased poultry, or any parts or carcasses of any poultry that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation in intrastate commerce any dead, dying, disabled, or diseased poultry or parts or carcasses of any poultry that died otherwise than by slaughter, unless the transaction or transportation is made in accordance with rules that the board may adopt to assure that the poultry, or the unwholesome parts or products thereof, will be prevented from being used for human food purposes. [L 1969, c 212, §25; am L 1993, c 92, §9]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-39 Registration.

§161-39 Registration.
No person shall engage in business in or for intrastate commerce, as a poultry broker, renderer, or animal food manufacturer, or as the wholesaler of any carcasses, or parts or products of the carcasses, of any poultry, whether intended for human food or other process, or engage in business as a public warehouse worker storing any such articles in or for intrastate commerce, or engage in the business of buying, selling, or transporting in intrastate commerce, any dead, dying, disabled, or diseased poultry or parts of the carcasses of any poultry that died otherwise than by slaughter, unless the person has registered with the board the person's name and the address of each place of business at which, and all trade names under which, the person conducts such business. [L 1969, c 212, §26; gen ch 1985, 1993]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-41 Inspection; compensation.

§161-41 Inspection; compensation.
All poultry slaughtered by any slaughterhouse licensed under this part shall be inspected by inspectors authorized by the department, both before and after slaughtering, and no poultry shall be slaughtered, or after slaughter, be sold, transported, offered for sale or transportation, or received for transportation, in intrastate commerce unless the slaughtering or the use after slaughtering in intrastate commerce is approved by an inspector.
The management of any processing establishment or slaughterhouse, or the owner of any poultry to be slaughtered requiring the services of an inspector in excess of eight consecutive hours on any workday, or in excess of forty hours in any workweek, or on legal holidays, shall pay to the department for any overtime inspection services the current state overtime rate for each hour of work performed by the inspector.
The department shall pay the inspector, or inspectors, for all overtime inspection services performed, provided that the party requesting or requiring the overtime inspection services shall, sufficiently in advance of the overtime period, arrange with the department for the services. [L 1969, c 212, §27; am L 1993, c 92, §10]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-42 Refusal and withdrawal of inspection.

§161-42 Refusal and withdrawal of inspection.
The board may, for such period, or indefinitely, as it deems necessary to effectuate the purposes of this chapter, refuse to provide, or withdraw, inspection service under this chapter with respect to any establishment if it determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, the service, that the applicant or recipient is unfit to engage in any business requiring inspection under this chapter because the applicant or recipient, or anyone responsibly connected with the applicant or recipient, has been convicted, in any federal or state court, of (1) any felony, or (2) more than one violation under any law, based upon the acquiring, handling, or distributing of adulterated, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food. This section shall not affect in any way other provisions of this chapter for withdrawal of inspection services from establishments failing to maintain sanitary conditions or to destroy condemned carcasses, poultry or poultry products.
For the purpose of this section a person shall be deemed to be responsibly connected with the business if the person was a partner, officer, director, holder, or owner of ten per cent or more of its voting stock or employee in a managerial or executive capacity. The determination and order of the board with respect thereto under this section shall be final and conclusive unless the affected applicant for, or recipient of, inspection service files application for judicial review within thirty days after the effective date of such order in the appropriate court as provided in part VII. Judicial review of any such order shall be upon the record upon which the determination and order are based. [L 1969, c 212, §28; gen ch 1985]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-46 Interstate and federal compacts.

§161-46 Interstate and federal compacts.
(a) The board is designated as the state agency which shall be responsible for cooperating with the United States Secretary of Agriculture under section 5 of the Federal Poultry Products Inspection Act and the board is directed to cooperate with the United States Secretary of Agriculture in developing and administering the poultry inspection program of this State under this chapter to assure that not later than July 18, 1970, its requirements will be at least equal to those imposed under the Federal Poultry Products Inspection Act, and in developing and administering the program of this State under this chapter in a manner that will effectuate the purposes of this chapter and the Federal Act.
(b) In such cooperative efforts, the board is authorized to accept from the United States Secretary of Agriculture advisory assistance in planning and otherwise developing the state program, technical and laboratory assistance and training, including necessary curricular and instructional materials and equipment, and financial and other aid for the administration of such program.
(c) The board is also authorized to recommend to the United States Secretary of Agriculture such officials or employees of this State as the board may designate, for appointment to the advisory committees provided for in section 5 of the Federal Poultry Products Inspection Act; and the board shall serve as the representative of the governor for consultation with the United States Secretary of Agriculture unless the governor selects another representative. [L 1969, c 212, §29]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-48 Construction.

§161-48 Construction.
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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-49 Enforcement.

§161-49 Enforcement.
(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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-50 Citation and summons.

§161-50 Citation and summons.
(a) There shall be a printed form of citation and summons for use in citing violators warning the person to appear and answer the charge against the person at a certain place and at a time within seven days after the citation. The citation and summons shall be so designed to include all necessary information to make it valid and legal within the laws and rules of the State. The form and content of the citation and summons shall be adopted or prescribed by the district courts.
(b) In every case when a citation and summons is issued, the original of the same shall be given to the accused; provided that the district courts may prescribe the issuance to the accused of a carbon copy of the citation and summons and provide for the disposition of the original and any other copies.
(c) Every citation and summons shall be consecutively numbered and each carbon copy shall bear the number of its original. [L 1986, c 207, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-51 Administration of oath.

§161-51 Administration of oath.
When a complaint is made to any prosecuting officer of the violation of this chapter or the rules adopted pursuant thereto, the division head or the division head's designee who issued the citation and summons shall subscribe to the complaint under oath. [L 1986, c 207, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-52 Failure to obey summons.

§161-52 Failure to obey summons.
(a) Any person who fails to appear at the place and time specified in the citation and summons issued to that person by the division head or the division head's designee upon the person's citation for violation of the poultry inspection laws or rules shall be guilty of a misdemeanor and, upon conviction, fined not more than $500 or imprisoned not more than six months, or both.
(b) If any person fails to comply with a citation and summons issued to that person, the division head or the division head's designee shall cause a complaint to be entered against the person and secure the issuance of a warrant for that person's arrest.
(c) When a complaint is made to any prosecuting officer of the violation of any provision of this chapter or any rule adopted thereunder, the division head or the division head's designee who issued the complaint and summons shall subscribe to it under oath. [L 1986, c 207, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 163D. Agribusiness Development Corporation › 163D-1 Findings and purpose.

Revision Note
Part designation added by revisor pursuant to §23G-15.
§163D-1 Findings and purpose.
The legislature finds that the downsizing of the sugar and pineapple industries presented an unprecedented opportunity for the conversion of agriculture into a dynamic growth industry. Within the next decade, the State can use public agricultural lands to enhance the local economy, provide employment opportunities, decrease reliance on imported agricultural products, and provide more sources of locally grown food for residents. Thousands of acres of agricultural lands and fifty million gallons per day of irrigation water were released by plantations. The downsizing of the sugar and pineapple industries idled and left vacant a valuable inventory of supporting infrastructure including irrigation systems, roads, drainage systems, processing facilities, workshops, and warehouses that are still largely underutilized. The challenge to government and business is to continue to conserve and convert the arable lands and their associated production infrastructure in a timely manner into new productive uses. Aggressive and dynamic leadership can play a critically important role in promoting and developing agricultural enterprises, coordinating industry development, providing industry-wide services, providing marketing assistance, and facilitating investments and coventures in viable enterprises.
The purpose of this chapter is to create a vehicle and process to make optimal use of agricultural assets for the economic, environmental, and social benefit of the people of Hawaii. This chapter establishes a public corporation to administer an aggressive and dynamic agribusiness development program. The purposes of the corporation shall be to support the production of local agricultural products for local consumption in a manner that is economically and environmentally sustainable while continuing to develop commercial exports of locally produced agricultural products. To further these purposes, the corporation shall coordinate and administer programs to assist agricultural enterprises to facilitate the transition of agricultural infrastructure from plantation operations into other agricultural enterprises, increase local production of agricultural products for local consumption, reduce the State's reliance on imported agricultural products, and increase access to farmland and related infrastructure for small local farmers and cooperatives. [L 1994, c 264, pt of §1; am L 2022, c 219, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 163D. Agribusiness Development Corporation › 163D-5 Hawaii agribusiness plan.

§163D-5 Hawaii agribusiness plan.
(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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 163D. Agribusiness Development Corporation › 163D-6 Subsidiaries; establishment.

§163D-6 Subsidiaries; establishment.
(a) The corporation may exercise its powers through one or more subsidiary corporations. The corporation, by resolution, may direct any of its members, officers, or employees to organize a subsidiary corporation pursuant to either chapter 414 or chapter 414D; provided that the organization of a subsidiary corporation shall not adversely affect the federal tax status of the interest on any bonds issued to finance any project or project facility. The resolution shall prescribe the purposes for which the subsidiary corporation is established. The subsidiary corporation shall remain a subsidiary of the corporation as long as more than one-half of its voting shares are owned or held by the corporation, or a majority of its directors are designated by the corporation; provided that the corporation shall not convey or otherwise dispose of any subsidiary corporation or surrender the right to designate a majority of the directors of any subsidiary corporation if the sale or surrender has an adverse affect on the federal tax status of the interest on any bonds issued to finance any project or project facility. The subsidiary corporation may be operated, maintained, and enhanced at the full discretion of the corporation or its designee.
(b) If the corporation acquires the assets of a private or other corporation, then, notwithstanding any law to the contrary:
(1) Neither the corporation nor any subsidiary corporation vested with the assets shall be subject to chapter 91 with respect to the assets;
(2) Employees retained to operate the assets shall not be subject to chapter 76;
(3) Assets constituting real property interest shall not be subject to chapter 171;
(4) No investment, loan, or use of funds by the corporation or a subsidiary corporation vested with the assets shall be subject to chapter 42F or 103; and
(5) Neither the corporation nor a subsidiary corporation vested with the assets shall constitute a public utility or be subject to the jurisdiction of the public utilities commission under chapter 269.
(c) The corporation may transfer to any subsidiary corporation any moneys, any real, personal, or mixed property, or any project, in order to carry out the purposes of this chapter. Each subsidiary corporation shall have all the powers of the corporation. [L 1994, c 264, pt of §1; am L 1998, c 111, §6; am L 2000, c 253, §150; am L 2002, c 40, §4; am L 2004, c 216, §18]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 163D. Agribusiness Development Corporation › 163D-7 Agricultural projects; agricultural development plans.

§163D-7 Agricultural projects; agricultural development plans.
(a) The corporation may develop and implement agricultural projects where large tracts of agricultural land have been or will be taken out of productive agriculture or where, through detailed analysis, opportunities exist to exploit potential local, national, and international markets.
(b) The corporation may initiate and coordinate the preparation of business and agricultural development plans for its projects. The plans shall include a proposal for the organization of the enterprise, a marketing information and strategy, the impact on existing agricultural operations throughout the State, and a recommendation for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any infrastructure or accessory facilities in connection with any project.
(c) The corporation may enter into cooperative agreements with coordinating entrepreneurs or public agencies when the powers, services, and capabilities of the persons or agencies are deemed necessary and appropriate for the development and implementation of the business and agricultural development plans.
(d) The corporation may purchase, accept, and maintain permanent conservation easements, or transfer these easements to a qualified land trust in accordance with the federal Natural Resources Conservation Service farm and ranch lands protection program.
(e) Notwithstanding any provision of this chapter to the contrary, when leasing corporation-controlled agricultural land, the corporation may contract with a financial institution chartered under chapter 412 or a federal financial institution, as defined under section 412:1-109, that transacts business in this State to provide lease management services. For the purposes of this subsection, "lease management services" includes the collection of lease rent and any other moneys owed to the corporation related to the lease of agricultural land under the corporation's control.
(f) The agricultural planning activities of the corporation shall be coordinated with the county planning departments and the county land use plans, policies, and ordinances.
(g) The corporation may amend the business and agricultural development plans as may be necessary.
(h) Any undertaking by the corporation pursuant to this chapter shall be with the express written consent of the landowner or landowners directly affected. [L 1994, c 264, pt of §1; am L 2008, c 234, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 163D. Agribusiness Development Corporation › 163D-9 Bonds.

§163D-9 Bonds.
(a) The corporation, with the approval of the governor, may issue, from time to time, revenue bonds in amounts not exceeding the total amount of bonds authorized to be issued by the legislature for the purpose of constructing, acquiring, remodeling, furnishing, and equipping any project facility, including the acquisition of the site thereof; acquiring agricultural lands through purchase to sustain and preserve viable agricultural enterprises within a contiguous geographic area; or acquiring agricultural lands for the protection of agricultural lands, public land banking, or the promotion of farm ownership and diversified agriculture.
(b) All revenue bonds shall be issued pursuant to part III of chapter 39, except as provided in this chapter.
(c) The revenue bonds shall be issued in the name of the corporation and not in the name of the State. The final maturity date of the revenue bonds may be any date not exceeding thirty years from the date of issuance. [L 1994, c 264, pt of §1; am L 2008, c 234, §7]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 163D. Agribusiness Development Corporation › 163D-10 Revenue bonds; payment and security.

§163D-10 Revenue bonds; payment and security.
(a) The revenue bonds shall be payable from and secured by the real properties benefited or improved and the assessments thereon, or by the revenues derived from the project facility for which the revenue bonds were issued, including revenue derived from insurance proceeds and reserve accounts, and earnings thereon.
(b) The corporation may pledge revenues derived from the project facility financed from the proceeds of the revenue bonds to the punctual payment of the principal, interest, and redemption premiums, if any, on the revenue bonds.
(c) The revenue bonds may be additionally secured by the pledge or assignment of the loans and other agreements or any note or other undertaking, obligation, or property held by the corporation to secure the loans.
(d) Any pledge made by the corporation shall create a perfected security interest in the revenues, moneys, or property so pledged and thereafter received by the corporation from and after the time that the financing statement with respect to the revenues, moneys, or property so pledged and thereafter received are filed with the bureau of conveyances. Upon this filing, the revenues, moneys, or property so pledged and thereafter received by the corporation shall immediately be subject to a lien of any such pledge without any physical delivery thereof or having claims of any kind in tort, contract, or otherwise against the corporation, irrespective of whether the parties have notice thereof. This section shall apply to any financing statement heretofore or hereafter filed with the bureau of conveyances with respect to any pledge made to secure revenue bonds issued under this chapter. [L 1994, c 264, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 163D. Agribusiness Development Corporation › 163D-11 Revenue bonds; interest rate, price, and sale.

§163D-11 Revenue bonds; interest rate, price, and sale.
(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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 163D. Agribusiness Development Corporation › 163D-12 Revenue bonds; investment of proceeds, and redemption.

§163D-12 Revenue bonds; investment of proceeds, and redemption.
Subject to any agreement with the holders of its revenue bonds, the corporation may:
(1) Invest its moneys not required for immediate use, including proceeds from the sale of revenue bonds, in any investment in accordance with procedures prescribed in a trust indenture; and
(2) Purchase its revenue bonds out of any fund or money of the corporation available therefor, and hold, cancel, or resell the revenue bonds. [L 1994, c 264, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 163D. Agribusiness Development Corporation › 163D-13 Revenue bonds; special funds.

§163D-13 Revenue bonds; special funds.
(a) A separate special fund shall be established for each project facility financed from the proceeds of the revenue bonds secured under the same trust indenture. Each fund shall be designated "project facility revenue bond special fund" and shall bear additional designation as the corporation deems appropriate to properly identify the fund.
(b) Notwithstanding any other law to the contrary, including section [163D-17], all revenues, income, and receipts derived from the project facility for which the revenue bonds are issued shall be paid into the project facility revenue bond fund established for that project facility and applied as provided in the proceedings authorizing the issuance of the revenue bonds. [L 1994, c 264, pt of §1]