reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-54 Department, consideration of use.

§147-54 Department, consideration of use.
The factors required to be considered by the department of agriculture in establishing any grades, standards, or classifications for any food product shall be applied in accordance with the extent to which and manner in which the same relate to the quality and condition of that product and the value and suitability thereof for the commercial or other use to which it is normally put. [L 1947, c 195, §4; RL 1955, §22-43; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-54]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-55 Department, notice of hearing.

§147-55 Department, notice of hearing.
In establishing and prescribing the standards, or any alterations or modifications to the standards, the department of agriculture shall call a public hearing and give notice thereof in conformity with chapter 91. [L 1947, c 195, §5; RL 1955, §22-44; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; am L 1965, c 96, §20; HRS §147-55]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-56 Department, hearing, determination.

§147-56 Department, hearing, determination.
After holding a public hearing upon the establishment, alteration, or modification of any grades, standards, or classifications, the department of agriculture shall consider the facts and arguments presented at the hearing and shall establish and prescribe, by rule and regulation, such grades, standards, and classifications, or modify or alter such grades, standards, and classifications, as it may deem best suited to the agricultural, horticultural, or other interests of the State and the inhabitants thereof. [L 1947, c 195, §6; RL 1955, §22-45; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-56]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-57 Department, rules and regulations, contracts, cooperation, fees.

§147-57 Department, rules and regulations, contracts, cooperation, fees.
The department of agriculture, in addition to powers granted by this part or any other law, shall have all powers necessary or convenient to carry out and effectuate this part, including the following:
(1) To prescribe rules and regulations, not inconsistent with this part, respecting: the standards for grading and classifying, and the grades, standards, and classification for, food products; the inspection, grading, and classification of food products; the determination and certification of the grade, classification, quality, and condition of food products and such other pertinent facts as the department may deem advisable; the licensing of inspectors, graders, and samplers and the duties of such inspectors, graders, and samplers; methods of test, analysis, and examination in determining the grade, classification, quality, and condition of food products; the official word or words, figure, or letter to indicate official grade or standards of quality or condition of food products; the design, form, and use of official labels and statements for use on packages or containers of products inspected, graded, classified, and certified under this part; and continuous factory inspection, grading, classification, and certification of food products;
(2) To contract with the United States Department of Agriculture for the services of an inspector or inspectors employed by the department and the establishment of a cooperative inspection service with the United States government;
(3) To cooperate with the United States or any department thereof, in accomplishing the matters or things provided for herein;
(4) To fix, assess, and collect, or cause to be collected, fees for inspecting or classifying food products, such fees to be on a uniform basis in an amount reasonably necessary to cover, as nearly as may be, the cost of the inspection and the administration of this part; provided that the department may adjust the fees to be collected hereunder to meet the expenses necessary to carry out the provisions hereof and may prescribe a different scale of fees for different localities; and provided further that the department may prescribe a reasonable charge for traveling expenses and services. Charges for continuous factory inspection and grading may be fixed, assessed, and collected on such contract basis as will reimburse the State for the salary and all expenses of the factory inspector or grader, to which shall be added an appropriate percentage of charges assessed to cover, as nearly as practicable, administrative overhead expense. [L 1947, c 195, §7; RL 1955, §22-46; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-57]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-58 Department; inspections, etc.; request necessary.

§147-58 Department; inspections, etc.; request necessary.
The board of agriculture may designate any employee or agent of the department of agriculture to inspect or classify food products, in accordance with such regulations as the department may prescribe, at the request of persons having an interest in the products, and to ascertain and certify to the persons the grade, classification, quality, or condition thereof and other pertinent facts as the department may require. The inspections, classifications, and certifications shall be requested, and in no case shall be required by the department. [L 1947, c 195, §8; RL 1955, §22-47; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-58; am L 1978, c 12, §2; am L Sp 1995, c 8, §4]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-59 Continuous factory inspection; request necessary; labels or marks.

§147-59 Continuous factory inspection; request necessary; labels or marks.
The board of agriculture may designate any employee or agent of the department of agriculture to perform continuous factory inspection or classification of food products, in accordance with such rules and regulations as the department may prescribe, at the request of persons having an interest in the products, and to ascertain and certify to the persons the grade, classification, quality, or condition thereof and such other pertinent facts as the department may require. Such inspections, classifications and certifications shall be requested, and in no case shall be required by the department.
Subject to rules and regulations prescribed by the department, an appropriate state label or mark or marks, established and adopted by the department, may be used on packages or containers of food products which are so continuously inspected and graded and are found to meet the official grades or standards of the department shown on the label or by the mark or marks. The labels shall include a statement of the official grade or standard of the product contained in the package or container, as graded or classified under this part, and may include, in whole or in part, a facsimile of the seal of the department. The department may register any label as a trademark under the laws of the State or may register it with the United States government and any state or foreign government.
The department may fix, assess, and collect, or cause to be collected, fees for the use of labels or marks or may print and sell the labels, at charges to be fixed by the department, to persons authorized to use them on packages or containers, or may rent dies or cuts of labels or marks, at a charge to be fixed by the department, to persons authorized to use them. [L 1947, c 195, §9; RL 1955, §22-48; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-59]
Cross References
Trademarks, see chapter 482.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-60 Certificate, appeal to department.

§147-60 Certificate, appeal to department.
Whenever any quantity of any food product has been inspected and certified hereunder and a question arises as to whether the certificate issued therefor shows the true grade, classification, quality, or conditions of the product, any interested person, subject to such regulations as the department of agriculture may prescribe, may appeal the question to the board of agriculture, and the board may cause such investigation to be made and such tests to be applied as it may deem necessary and determine and issue a finding as to the true grade or classification of the product or the quality or condition thereof. Whenever an appeal is taken to the board under this section it shall charge, assess, and collect, or cause to be collected, a reasonable fee, to be fixed by the board, which shall be refunded if the appeal is sustained. [L 1947, c 195, §10; RL 1955, §22-49; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-60]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-61 Certificate, prima facie evidence.

§147-61 Certificate, prima facie evidence.
A certificate, when not superseded by a finding on appeal, or a finding on appeal of the grade, classification, quality, or condition of any food product, issued under this part and all certificates issued under authority of the Congress of the United States relating to the grade, classification, quality, or condition of food products shall be accepted in any court of this State as prima facie evidence of the true grade, classification, quality, or condition of such food product at the time of its inspection. [L 1947, c 195, §11; RL 1955, §22-50; HRS §147-61]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-62 Misrepresentation as to grade, etc., penalties.

§147-62 Misrepresentation as to grade, etc., penalties.
(a) If any quantity of any food product has been inspected and a certificate issued hereunder showing the grade, classification, quality, or condition thereof, no person shall represent that the grade, classification, quality, or condition of the product at the time and place of the inspection was other than as shown by the certificate.
(b) If any lot or lots of any food product has been inspected and a certificate issued hereunder showing the grade, classification, quality, or condition of the lot or lots, no person shall represent that the certificate is descriptive of or relates to any other lot or lots of food products not inspected hereunder and not covered by the certificate.
(c) Whenever any standard for the grading or classification of any food product becomes effective under this part, and any word or words, figure, or mark or marks, or letter, has been established and adopted by the department to indicate the grade or quality of the food product contained in any package or container, it shall be unlawful for any person to use any of the words, letters, figures, or marks, in connection with any package or container, to represent the grade or quality of the food product contained therein, to be sold or offered for sale, if the product does not meet the requirements of the grade indicated by the marking.
(d) Whenever any standard for the grading or classification of any food product becomes effective under this part, and any label has been established and adopted by the department to indicate the grade, quality or condition of the food product contained in any package or container, it shall be unlawful for any person to use any label, in connection with any package or container, unless authorized so to use it by, or under the rules prescribed by, the department. [L 1947, c 195, §12; RL 1955, §22-51; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-62; am L 1983, c 257, §9]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-63 Remedies, extension of other powers.

§147-63 Remedies, extension of other powers.
In respect of violations or complaints of violation of this part or rules adopted by the department pursuant thereto, the department shall have all the rights and powers conferred upon it by section 147-2, with respect to violations or complaints of violation of part I or rules adopted by the department pursuant thereto; and all remedies, procedures, or actions contained in section 147-2 for violations or complaints of violation of part I or rules adopted by the department thereunder, shall be severally and respectively conferred, granted, practiced, and exercised for violations or complaints of violation of the provisions of this part or rules adopted by the department pursuant thereto. [L 1947, c 195, §13; RL 1955, §22-52; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-63; am L 1983, c 257, §10]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-64 Deposit of moneys.

§147-64 Deposit of moneys.
Except for fees collected by the department pursuant to part VII, all fees, charges, expenses, civil penalties, and other moneys collected by the department under this part or any rules prescribed by the department pursuant to this part shall be deposited with the state director of finance to the credit of the general fund. [L 1947, c 195, §14; RL 1955, §22-53; am L Sp 1959 2d, c 1, § §14, 22; am L 1961, c 132, §2; am L 1963, c 114, §1 and c 193, §12; HRS §147-64; am L 2003, c 49, §5]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-71 Words and phrases defined.

§147-71 Words and phrases defined.
Whenever used in this part, unless the context otherwise requires:
"Addled" or "white rot" means an egg which is putrid or rotten.
"Adherent yolk" means an egg in which the yolk has settled to one side and become fastened to the shell.
"Black rot" means an egg which has deteriorated to such an extent that the whole interior presents a blackened appearance before the candle.
"Blood ring" means an egg which contains blood.
"Consumer" means any person purchasing eggs for the person's own family use or consumption, or a restaurant, hotel, boarding house, bakery, or other institution purchasing eggs for serving to guests or patrons, or for its or their use in cooking or baking.
"Eggs" means chicken eggs in the following forms:
(1) Uncooked in the shell; and
(2) Liquid, frozen, or dried whole egg meats, whites of eggs or egg yolks.
"Moldy" means an egg in which mold has developed inside the shell.
"Retailer" means any person, firm, corporation, or association which sells eggs to a consumer. [L 1931, c 70, §2; RL 1935, §1074; RL 1945, §1305; RL 1955, §22-70; am L 1959, c 5, §1(b); HRS §147-71; am L 1985, c 18, §1; gen ch 1985]
Revision Note
Definitions rearranged.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-72 Sale of bad eggs.

§147-72 Sale of bad eggs.
No person shall sell, or offer to sell, or expose for sale, any eggs unfit for human food unless they are broken in shell and then denatured so that they cannot be used for human food. For the purposes of this part an egg is deemed unfit for human food if it is addled or moldy, if it contains a black spot, black rot, white rot, or blood ring; if it has an adherent yolk or a bloody or green white (albumen), or if it consists in whole or in part of a filthy, decomposed or putrid substance. [L 1931, c 70, §1; RL 1935, §1073; RL 1945, §1304; RL 1955, §22-71; HRS §147-72]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-73 Enforcement.

§147-73 Enforcement.
The department of agriculture is empowered through its authorized agents, deputies and inspectors to enforce this part and to have supervision and control of all enforcement officers of this part in the State. [L 1931, c 70, §3; RL 1935, §1075; am L 1939, c 92, §1; RL 1945, §1306; RL 1955, §22-72; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-73]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-74 Grading standards and regulations.

§147-74 Grading standards and regulations.
Subject to chapter 91, the department of agriculture may make rules with respect to:
(1) Sale and transportation for sale of eggs for human consumption;
(2) Specific grades or standards of quality, condition and size or weight classes which shall conform when practical to those established by the United States Department of Agriculture as local conditions will permit;
(3) Inspection and classification;
(4) Assessment and collection of fees for requested certification as to grade, standard of quality, condition, and size or weight classes;
(5) Labeling of containers of imported and locally produced eggs and marking of individual imported eggs as to origin;
(6) Seller's invoice for sale of eggs;
(7) Records of imported shell eggs of foreign origin;
(8) Methods of determining egg quality, which shall not include recandling or any other method applied to eggs in interstate commerce which is discriminatory or impairs that commerce in any way or requires a cost increase of eggs in interstate commerce;
(9) Enforcement of this part and of the rules adopted under this part. [L 1931, c 70, §4; RL 1935, §1076; RL 1945, §1307; am L 1955, c 167, §1; RL 1955, §22-73; am L 1959, c 54, §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 103 and c 132, §2; HRS §147-74; am L 1972, c 67, §1 and c 147, §2; am L 1983, c 177, §2]
Case Notes
Cited: 41 H. 565, 566 (1957).
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-75 Notice of grade and size; designation of origin of imported eggs; violation.

§147-75 Notice of grade and size; designation of origin of imported eggs; violation.
It shall be unlawful for any person to sell, or offer to sell, or expose for sale to a consumer, any eggs, other than those of the person's own production at the place of production, intended for human consumption, without notifying, by suitable sign or label, the person purchasing or intending to purchase the same whether the same are imported from the mainland United States or foreign countries or of island production, and the exact grade or quality and the size or weight of the eggs, according to the standards prescribed by the department of agriculture.
The word "island" shall be used to designate the geographic origin of eggs produced in this State.
Eggs imported from the mainland United States or foreign countries shall be individually marked as to origin. Imported eggs shall not be processed, sold, or offered for sale until importation and other documentation required by the department of agriculture are furnished to the department; provided that eggs that are intended for hatching or sale as balut and eggs that are preserved with an outer covering of ashes and salt need not be marked as provided in this section.
Any violation of this section shall be considered an unfair method of competition and unfair or deceptive act or practice under chapter 481A upon which any person may bring an action. [L 1931, c 70, §5; RL 1935, §1077; am L 1935, c 164, §1; am L 1939, c 175, §1; RL 1945, §1308; am L 1953, c 242, §1; am L 1955, c 167, § §2, 4; RL 1955, §22-74; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-75; am L 1983, c 177, §3; gen ch 1985; am L 1989, c 55, §1; am L 2017, c 13, §1]
Case Notes
Cited: 41 H. 565, 571 (1957); 47 H. 652, 660, 394 P.2d 618 (1964).
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-76 Advertisement of eggs and price.

§147-76 Advertisement of eggs and price.
It shall be unlawful to advertise in newspaper or by sign, handbill, placard, or otherwise, the price at which eggs are offered for sale without plainly indicating in conjunction with price, the full and correct designation of grade, size of the eggs according to the standards in this chapter, of geographic origin of eggs, and of shell treatment if applicable. The designations shall be in a typeface or other conspicuous letters as provided in the rules of the department of agriculture. [L 1959, c 22, §1; Supp, §22-74.1; HRS §147-76; am L 1989, c 87, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-77 Signs and labels on cartons, crates, etc.

§147-77 Signs and labels on cartons, crates, etc.
The signs and labels required by section 147-75 shall likewise be affixed to the cartons, crates, and cases containing eggs required to be marked as in the section provided. [L 1953, c 90, §1; RL 1955, §22-75; HRS §147-77]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-78 Seller's invoice.

§147-78 Seller's invoice.
Every person, in selling eggs to a retailer, shall furnish to the retailer an invoice showing the exact grade or quality and the size or weight of the eggs according to the standards prescribed by the department of agriculture. A copy of the invoice shall be kept on file by the person selling and by the retailer at their respective places of business for a period of thirty days, and shall be available for inspection at all reasonable times by accredited inspectors or representatives of the department. [L 1931, c 70, §6; RL 1935, §1078; RL 1945, §1309; am L 1955, c 167, §3; RL 1955, §22-76; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-78]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-79 Penalties.

§147-79 Penalties.
Every person who violates this part shall be fined not more than $1,000 or imprisoned not more than one year, or both. [L 1931, c 70, §7; RL 1935, §1079; RL 1945, §1310; RL 1955, §22-77; HRS §147-79; am L 1983, c 177, §4]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-80 Administrative penalties.

§147-80 Administrative penalties.
The department of agriculture may, after notice and opportunity for hearing, fine any person who violates this part or any rule adopted under this part, not more than $1,000 for each separate offense. Each day or instance of violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action. [L 1983, c 177, pt of §5; am L 1985, c 18, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-81 Remedies and penalties not exclusive.

§147-81 Remedies and penalties not exclusive.
The penalties and remedies provided in this part with respect to any violation of this part shall not be deemed exclusive of each other or of other civil or criminal rights, remedies, or penalties provided or allowed by law with respect to any such violation. [L 1983, c 177, pt of §5]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-91 Standard grades; rules and regulations.

§147-91 Standard grades; rules and regulations.
The department of agriculture shall adopt standard grades for beef, pork, mutton, and lamb carcasses and make rules and regulations relating thereto, subject to chapter 91, which shall have the force and effect of law, and shall be applicable only to carcasses previously inspected and passed for wholesomeness. The rules and regulations may include provisions for the enforcement thereof, including the definitions of prohibited acts and the penalties therefor, and may fix reasonable fees for the grading services, furnished under this part. The fees shall be on a uniform basis and in an amount reasonably necessary to cover the cost of inspection and the administration of this part, but not to exceed the maximum fees charged by the federal grading service. [L 1955, c 272, §1; RL 1955, §22-90; am L 1957, c 172, §1(a); am L Sp 1959 2d, c 1, §22; am L 1961, c 103 and c 132, §2; HRS §147-91]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-92 Federal standards.

§147-92 Federal standards.
The department of agriculture may adopt the federal grade standards for the grading of beef, pork, mutton and lamb. [L 1955, c 272, §2; RL 1955, §22-91; am L 1957, c 172, §1(b); am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-92]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-93 Cooperating with federal authority.

§147-93 Cooperating with federal authority.
The department of agriculture may enter into cooperative agreements with the United States Department of Agriculture for the purpose of grading beef, pork, mutton, and lamb carcasses. [L 1957, c 172, §1(c); am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §22-92; HRS §147-93; am L 2003, c 49, §6]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-94 Grading voluntary.

§147-94 Grading voluntary.
The grading of beef, pork, mutton, and lamb carcasses by trained graders cooperating with or employed by the department of agriculture shall be voluntary with the producer or the producer's agent. [L 1955, c 272, §3; RL 1955, §22-92; ren and am L 1957, c 172, §1(d) and (e); am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-94; gen ch 1985]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-95 Regulation of advertising.

§147-95 Regulation of advertising.
The department of agriculture may regulate advertising in regard to grading, inspection, and origin of carcasses or parts thereof by slaughterers, wholesalers, and retailers of beef, pork, or poultry carcasses offered for sale, regardless of the origin of such carcasses. [L 1955, c 272, §4; RL 1955, §22-93; ren L 1957, c 172, §1(d); am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-95]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-96 Public hearings.

§147-96 Public hearings.
Before adopting any rules or regulations authorized by this part, the department of agriculture shall first hold a public hearing upon the proposed rules or regulations on each island. [L 1955, c 272, §5; RL 1955, §22-94; ren L 1957, c 172, §1(d); am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-96]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-97 Disposition of fees.

§147-97 Disposition of fees.
All fees collected under this part shall be paid into a special fund established by the department of agriculture and shall be expended for the purposes of this part. [L 1957, c 172, §1(f); Supp, §22-96; HRS §147-97; am L 2003, c 49, §7]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-101 Certification services revolving fund.

Note
Part heading amended by L 2003, c 49, pt of §8.
§147-101 Certification services revolving fund.
There is established a certification services revolving fund for use by the department of agriculture to support certification or audit services established under parts I, III, IV, VIII, and IX. Moneys in the fund may be expended for materials, salaries, equipment, training, travel, and other costs related to providing certification or audit services. Notwithstanding sections 147-10, 147-34, 147-64, 147-114 and 147-126, moneys derived from the certification or audit services provided by temporary inspectors employed under this part or from charges for traveling expenses or extraordinary services shall be deposited into the fund. [L 1994, c 264, §3; am L 2000, c 253, §150; am L 2003, c 49, pt of §8]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-102 Certification and audit services.

§147-102 Certification and audit services.
The department of agriculture shall fix, assess, and collect fees for certification or audit services provided by temporary inspectors employed under this part. The fees shall be in amounts necessary to cover all costs of the administration and provision of the certification or audit services provided under this part; provided that the department of agriculture shall establish charges for traveling expenses and extraordinary services when the performance of the services involves unusual cost. The fees and charges established by the department of agriculture shall not be subject to chapter 91. The department of agriculture may employ temporary inspectors to assist in providing certification or audit services under parts I, III, IV, VIII, and IX, and those temporary inspectors shall be exempt from chapter 76. [L 2003, c 49, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-112 Cooperative agreements and contracts to provide auditing and certification services.

§147-112 Cooperative agreements and contracts to provide auditing and certification services.
The department may enter into cooperative agreements with the United States Department of Agriculture or other agreements and contracts with private parties or other governmental agencies for the purposes of:
(1) Auditing and certifying that applicants are following good agricultural, handling, processing, and manufacturing practices; and
(2) Maintaining food security and product traceability. [L 2003, c 49, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-113 Audits and certification; requests necessary.

§147-113 Audits and certification; requests necessary.
The department may designate any employee or agent of the department to conduct the audits and certification authorized under this part at the request of persons having a financial interest in the business or product. These audits and certification may be requested, but in no case shall be required by the department. [L 2003, c 49, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-114 Fees and deposit of moneys.

§147-114 Fees and deposit of moneys.
(a) The department shall fix, assess, and collect fees for the audit and certification services provided under this part. The fees shall be as established under cooperative agreement with the United States Department of Agriculture or other governmental agencies or, if not applicable, as established by rule under section 147-7. The department may also charge an amount necessary to cover all costs of traveling expenses and extraordinary services when the performance of the services involves unusual cost in their performance.
(b) Except for fees collected by the department pursuant to part VII, all fees and expenses collected by the department pursuant to this part shall be deposited with the director of finance to the credit of the general fund. [L 2003, c 49, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-115 Certificate as evidence.

§147-115 Certificate as evidence.
A certificate issued under this part and all certificates issued under the authority of the Congress of the United States relating to matters covered by this part shall be acceptable in any court of this State as prima facie evidence of the status of a business or product at the time of its audit. [L 2003, c 49, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-116 Hawaii good agricultural practices program.

§147-116 Hawaii good agricultural practices program.
(a) There is established the Hawaii good agricultural practices program to be administered by the department of agriculture. The purpose of the program is to develop and support good agricultural practices for Hawaii farms growing agricultural food products.
(b) Notwithstanding any provision of law to the contrary, the Hawaii good agricultural practices program shall:
(1) Develop science- and risk-based good agricultural practices that reasonably reduce the potential for on-farm food-borne illness and include, as appropriate, specific considerations and methodologies for farm sizes, practices, techniques, materials, and crops;
(2) Develop and implement programs to educate and train Hawaii farmers to learn and implement good agricultural practices in a cost-effective and efficient manner;
(3) Provide procedures for the voluntary verification of on-farm implementation of good agricultural practices and the subsequent issuance of state compliance certification; and
(4) Develop a consumer information program for publication and broadcast to teach home practices for the treatment and handling of fresh and processed agricultural food products.
(c) The department shall consult as necessary with the department of health, the University of Hawaii college of tropical agriculture and human resources, and other state and federal agencies to develop and implement the Hawaii good agricultural practices program.
(d) The department may adopt rules under chapter 91 to facilitate the implementation of this section. [L 2015, c 153, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-121 Official certifying agency.

§147-121 Official certifying agency.
The department is designated as the official certifying agency for certifying seed concerning genetic purity, identity, quality, and condition for the State. The department may appoint an appropriate agent to do the work necessary for the certifications in compliance with established standards. [L 2003, c 49, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-122 Definitions.

§147-122 Definitions.
As used in this part, unless the context otherwise requires:
"Certifying agency" means:
(1) An agency authorized under the laws of a state, territory, or possession of the United States to officially certify seed and which has standards and procedures approved by the United States Secretary of Agriculture to assure the genetic purity, identity, quality, and condition of the seed certified; or
(2) An agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under paragraph (1).
"Department" means the department of agriculture.
"Seed" means:
(1) The seed of grass, forage, cereal, and fiber crops;
(2) Other kinds of seed commonly recognized as agricultural or vegetable seed; and
(3) Other kinds of propagating materials. [L 2003, c 49, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-123 Cooperative agreements and contracts to provide agricultural crop certification services.

§147-123 Cooperative agreements and contracts to provide agricultural crop certification services.
The department may enter into cooperative agreements with the United States Department of Agriculture or other agreements and contracts with private parties or other governmental agencies for the purposes of certifying seed. [L 2003, c 49, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-124 Certification; requests necessary.

§147-124 Certification; requests necessary.
The department may designate any employee or agent of the department to conduct the inspections and certification authorized under this part at the request of persons having a financial interest in the seed. These inspections and certification may be requested, but in no case shall be required by the department. [L 2003, c 49, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-125 Rules.

§147-125 Rules.
The department shall have the necessary powers to carry out and effectuate the purposes of this part, and, subject to chapter 91, may adopt rules with respect to:
(1) Standards for grades, genetic purity, identity, quality, and condition of seed;
(2) Procedures for certifying seed; and
(3) Other matters necessary to carry out the purposes of this part. [L 2003, c 49, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-126 Fees and deposit of moneys.

§147-126 Fees and deposit of moneys.
(a) The department shall fix, assess, and collect fees for the inspection and certification services provided under this part. The fees shall be as established under cooperative agreement with the United States Department of Agriculture or other government agencies or, if not applicable, as established by rule under section 147-7. The department may also charge an amount necessary to cover all costs of traveling expenses and extraordinary services when the performance of the services involves unusual cost in their performance.
(b) Except for fees collected by the department pursuant to part VII, all fees and expenses collected by the department pursuant to this part shall be deposited with the director of finance to the credit of the general fund. [L 2003, c 49, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-127 Certificate as evidence.

§147-127 Certificate as evidence.
A certificate issued under this part and all certificates issued under the authority of the Congress of the United States relating to matters covered by this part shall be acceptable in any court of this State as prima facie evidence of the genetic purity, identity, quality, and condition of seed at the time of its inspection. [L 2003, c 49, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 148. Advertising and Marketing › 148-1 Definitions.

§148-1 Definitions.
As used in this part:
"Chairperson" means chairperson of the board of agriculture or the chairperson's authorized agents.
"Department" means the department of agriculture.
"Fresh fruits, fresh vegetables, and coffee" means any fresh fruit, fresh vegetable and coffee whether imported or produced in the State. [L 1961, c 73, §1 and c 132, §2; am L 1963, c 206, §2; Supp, §22C-1; HRS §148-1; am L 1969, c 72, §1; gen ch 1985, 1993]
Revision Note
Numeric designations deleted and definitions rearranged.
Cross References
Grades and standards, see chapter 147.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 148. Advertising and Marketing › 148-2 Rules and regulations.

§148-2 Rules and regulations.
To carry out and effectuate the purpose of this part, the department of agriculture may, subject to chapter 91, establish, prescribe, modify, or alter rules and regulations, which shall have the force and effect of law to control the advertisement of fresh fruits, fresh vegetables, or coffee including requirement for specifying size, grade, geographic origin, or quality, in conjunction with price.
The department in establishing such rules and regulations shall consult with appropriate state and federal agencies and with any appropriate industry or trade organization. The rules and regulations for controlling advertising and requirements for specifying size, grade, geographic origin, or quality in conjunction with price shall be on the basis of what the department may deem best suited to the interest of the consumer, the producer, and the public. [L 1961, c 73, §2, c 103, and c 132, §2; Supp, §22C-2; HRS §148-2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 148. Advertising and Marketing › 148-3 Duties of chairperson; violations; proceedings; penalties.

§148-3 Duties of chairperson; violations; proceedings; penalties.
The chairperson shall enforce this part and any rule made by the department.
The following penalties and remedies shall apply in instances of violations of this part or the rules issued by the department:
(1) Violation of this part or of any rule issued thereunder is declared a public nuisance and may be enjoined or abated; and
(2) Every person who violates this part or any rule issued thereunder shall, after notice and opportunity for hearing, be fined not less than $50 nor more than $500. Each day a violation continues shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action.
The penalties and remedies prescribed in this part shall be concurrent and alternative with any and all other civil, criminal, or alternative rights, remedies or penalties provided by law. [L 1961, c 73, §3; am L 1963, c 206, §2; Supp, §22C-3; HRS §148-3; am L 1985, c 99, §1; gen ch 1993]
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 148. Advertising and Marketing › 148-61 Establishment of a seal of quality program.

§148-61 Establishment of a seal of quality program.
There is
established within the department of agriculture a seal of quality program, which may include a certificate of origin. This program shall establish official seals of quality for fresh and processed agricultural products that are produced within the State. The seals of quality may be in the form of seals, brands, labels, or trademarks. [L 2002, c 163, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 148. Advertising and Marketing › 148-62 Authorization to contract with nonprofit corporations; duties.

§148-62 Authorization to contract with nonprofit corporations; duties.
(a) The department of agriculture may enter into contracts with nonprofit corporations to engage in the activities in subsections (b), (c), and (d). These nonprofit corporations shall:
(1) Maintain status as a nonprofit corporation pursuant to section 501(c) of the Internal Revenue Code of 1986, as amended; and
(2) Consist of a board of directors comprised of representatives from a cross-section of agricultural organizations, commodity groups, and governmental agencies.
(b) The nonprofit corporations contracted under subsection (a) may develop and recommend to the department of agriculture for adoption, rules relating to:
(1) The design of a seal of quality for agricultural products that are grown, processed, or manufactured in Hawaii;
(2) The standards and criteria for agricultural products grown, processed, or manufactured in Hawaii that must be satisfied to obtain use of the seal of quality; and
(3) The license fees required for use of the seal of quality.
(c) The nonprofit corporations contracted under subsection (a) shall:
(1) Develop and implement marketing programs for products licensed to use the seal of quality;
(2) Issue licenses for the use of the seal of quality and collect the license fees established by rules of the department of agriculture; and
(3) Develop promotional materials and establish and collect fees for the use of these promotional materials.
(d) The nonprofit corporations contracted under subsection (a) may:
(1) Assist the department of agriculture in monitoring compliance with the requirements for the use of the seal of quality; and
(2) Accept gifts or grants in any form from any public agency or any other source. [L 2002, c 163, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 148. Advertising and Marketing › 148-63 Rules.

§148-63 Rules.
Subject to chapter 91, the department of agriculture shall adopt rules, as necessary, with respect to:
(1) Definition of terms;
(2) The design of the seals of quality for identifying fresh or processed agricultural commodities that are produced within the State;
(3) The categories of fresh or processed agricultural commodities that are eligible to use the seals of quality;
(4) The minimum quality of fresh or processed agricultural commodities that are eligible to use the seals of quality;
(5)
The minimum per cent of wholesale value added within the State to qualify for use of the seals of quality;
(6) Minimum packaging and labeling requirements for fresh or processed agricultural commodities using a seal of quality;
(7)
Application forms for the license to use the seals of quality and the information required to be included on the application forms;
(8) Assessment and collection of license fees for the use of the seals of quality to cover the costs of providing the service;
(9) Assessment and collection of charges for stickers, placards, and other promotional materials provided by the department of agriculture;
(10) Provisions for the appropriate use of seals of quality, including use in advertisements;
(11) Record keeping requirements for parties licensed to use the seals of quality;
(12) Administrative penalties for violation of this part; and
(13) Enforcement of this part. [L 2002, c 163, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 148. Advertising and Marketing › 148-64 Enforcement.

§148-64 Enforcement.
(a) The department of agriculture, through its authorized agents and employees, shall enforce this part.
(b) The department of agriculture or its authorized agent may examine, during normal business hours, any ledgers, books, accounts, memoranda, and other documents, fresh or processed agricultural products, supplies, and equipment, and any other articles and things used in connection with the business of a person licensed under this part. [L 2002, c 163, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 148. Advertising and Marketing › 148-65 Prohibited acts.

§148-65 Prohibited acts.
No person shall:
(1) Use a seal of quality established under this part without being licensed;
(2) Use a seal of quality on a fresh or processed agricultural commodity that does not meet the requirements of this part;
(3) Use a device, symbol, indicia, or by any other means imitate the seal of quality established by this part; or
(4) Make any claim that a fresh or processed agricultural commodity is permitted to use a seal of quality when it is not. [L 2002, c 163, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 148. Advertising and Marketing › 148-66 Administrative penalties.

§148-66 Administrative penalties.
(a) The department of agriculture, after notice and opportunity for hearing, may revoke or suspend any license issued under this part for any violation of this part.
(b) The department of agriculture, after notice and opportunity for hearing, may fine any person who violates this part, not more than $1,000 for each separate offense. Each day or instance of violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action. [L 2002, c 163, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 148. Advertising and Marketing › 148-67 Seal of quality special fund.

§148-67 Seal of quality special fund.
(a) There is established in the state treasury the seal of quality special fund, into which shall be deposited:
(1) All revenues from the operations of the seal of quality program established under section 148-61;
(2) Fines collected under section 148-66; and
(3) Any appropriations made by the legislature to the fund.
(b) Moneys in the special fund may be expended for all costs associated with the seal of quality program, including:
(1) Conducting trade shows, retail shows, conferences, seminars, and other promotional activities;
(2) Expenses for designs, program labels, items and materials, displays, brochures, media advertisements, inspection, and review and investigative activities relating to application and enforcement of the program;
(3) Printing, mailing, airfare and per diem, lei, decors, rental of facilities and audio visual equipment, display and booth fees, participation fees, general supplies; and
(4) Any other expense necessary to administer the program. [L 2007, c 120, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-3 Delegation of duties.

§149A-3 Delegation of duties.
All authority vested in the board or chairperson by virtue of this chapter may with like force and effect be exercised by those employees of the department as the board or chairperson may from time to time designate for the purpose. [L 1972, c 58, pt of §1; ree L 1975, c 126, pt of §1; am L 1987, c 310, §2]