reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145. Regulation of Farm Produce › 145-8 Duty of department.

§145-8 Duty of department.
The department of agriculture shall administer and enforce this chapter. [L 1951, c 74, pt of §1; RL 1955, §23-8; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §145-8]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145. Regulation of Farm Produce › 145-9 Complaints and investigations.

§145-9 Complaints and investigations.
The department of agriculture may receive verified complaints from any producer against any commission merchant, dealer, broker, agent, processor, or retail merchant or any person assuming or attempting to act as such and upon receipt of the verified complaint may make any and all necessary investigations relative to the complaint. In conducting any investigation, the department or its authorized agent may examine any ledgers, books, accounts, memoranda, and other documents, farm produce, scales, measures, and any other articles and things used in connection with the business of the person of whom the complaint has been made. [L 1951, c 74, pt of §1; RL 1955, §23-9; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §145-9]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145. Regulation of Farm Produce › 145-10 Administrative penalties.

§145-10 Administrative penalties.
(a) The department may, after notice and opportunity for hearing, revoke or suspend any license issued under this chapter for any violation of this chapter.
(b) The department may, after notice and opportunity for hearing, fine any person who violates this chapter or any rule adopted under this chapter, not more than $5,000 for each separate offense. Each day or instance of violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action. [L 1951, c 74, pt of §1; RL 1955, §23-10; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §145-10; am L 1983, c 258, §4; am L 1985, c 110, §1]
Cross References
Administrative procedure, see chapter 91.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145. Regulation of Farm Produce › 145-11 Nuisance may be enjoined, abated.

§145-11 Nuisance may be enjoined, abated.
Violation of this chapter is declared a public nuisance and may be enjoined or abated in like manner as other public nuisances. [L 1951, c 74, pt of §1; RL 1955, §23-11; HRS §145-11]
Rules of Court
Injunction, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145. Regulation of Farm Produce › 145-12 Misdemeanor.

§145-12 Misdemeanor.
Any person who violates this chapter shall be fined not more than $1,000 or imprisoned not more than one year, or both. [L 1951, c 74, pt of §1; RL 1955, §23-12; HRS §145-12]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145. Regulation of Farm Produce › 145-13 Remedies and penalties not exclusive.

§145-13 Remedies and penalties not exclusive.
The penalties and remedies provided in this chapter with respect to any violation of this chapter shall not be deemed exclusive of each other or of any other civil or criminal rights, remedies, or penalties provided or allowed by law with respect to any such violation. [L 1951, c 74, pt of §1; RL 1955, §23-13; HRS §145-13]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145. Regulation of Farm Produce › 145-14 Disposition of fees and charges.

§145-14 Disposition of fees and charges.
All fees, charges, expenses, and other moneys collected pursuant to this chapter shall be deposited with the state director of finance to the credit of the general fund. [L 1951, c 74, pt of §1; RL 1955, §23-14; am L 1963, c 114, §1 and c 193, §13; HRS §145-14]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145. Regulation of Farm Produce › 145-15 Rules and regulations.

§145-15 Rules and regulations.
The department shall have the necessary powers to make rules and regulations as may be necessary to carry out the intent and purpose of this chapter, including but not limited to the following:
(1) Definition of terms;
(2) Establishing licensing requirements, licensing fees, bonding requirements and bonding procedures;
(3) Establishing criteria and limitations on claims for credit due to loss or dumping of farm products;
(4) Providing for the department on its own motion or upon the verified complaint of any interested party, to conduct investigations, audit records and conduct hearings;
(5) Providing for the denial, revocation or suspension of licenses. [L 1971, c 103, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145. Regulation of Farm Produce › 145-21 Definitions.

§145-21 Definitions.
For purposes of this part:
"Agricultural commodity" means any fruit, nut, or vegetable that is the food product of any tree, vine, or plant, or any aquacultural, horticultural, silvicultural, or floricultural product.
"Person" means any individual, firm, corporation, partnership, or association. [L 1999, c 186, pt of §2; am L 2003, c 20, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145. Regulation of Farm Produce › 145-22 Agricultural commodities; ownership and movement certification.

§145-22 Agricultural commodities; ownership and movement certification.
(a) Every person, upon sale of any agricultural commodity or upon transportation of lots of any agricultural commodity of more than two hundred pounds or with a value of at least $100 that is marketed for commercial purposes, shall complete a certificate describing the commodity, the amount and value of the commodity, and shall include:
(1) The seller's name, residence address, telephone number, and license plate number of any vehicle used by the seller to deliver the commodity to the place of purchase;
(2) The name of the farm owner and address of origin;
(3) The name of the buyer or consignee, and destination; and
(4) The signature of the seller and, upon sale, the signature of the buyer or consignee.
(b) Prior to completing the certificate, the buyer or consignee shall also require the seller to verify the seller's identity by having the seller present a valid photo identification card or license issued to the seller by a federal or state government agency. If the commodity being offered for sale has a value of $300 or more, the seller shall also provide the buyer with a photocopy of the identification card or license of the seller.
(c) No prospective buyer or consignee shall purchase an agricultural commodity from a seller if the seller does not provide a copy of the ownership and movement certification and verification as required by subsections (a) and (b). Every prospective buyer or consignee shall report an attempted sale that does not meet the requirements of subsections (a) and (b) to the police.
(d) Two copies of the certificate shall accompany the shipment, and one copy each shall be retained by the seller and the buyer or consignee. One of the copies of the certificate shall be presented upon request to a state or county law enforcement officer or other officer, employee, or any other person authorized and designated by the board of agriculture to investigate and enforce this chapter and all rules adopted by the department pursuant thereto.
(e) This section shall not apply to the retail sale of an agricultural commodity to the final consumer. [L 1999, c 186, pt of §2; am L 2003, c 20, §2; am L 2012, c 125, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145. Regulation of Farm Produce › 145-23 Lack of proof of ownership as a violation.

§145-23 Lack of proof of ownership as a violation.
The failure of any person who sells, transports, or possesses after sale or transport, agricultural commodities to maintain a certificate of ownership or other written proof of ownership of the agricultural commodity, as described in section 145-22, is a violation of this part and also prima facie evidence of an offense under section 708-831(1)(e). [L 1999, c 186, pt of §2; am L 2003, c 20, §3; am L 2012, c 125, §3]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145. Regulation of Farm Produce › 145-24 Authorization to inspect.

§145-24 Authorization to inspect.
Every law enforcement officer or other officer or employee as described in section 145-25 having probable cause to believe that the possession, sale, or transportation of agricultural commodities is unlawful, may take reasonable steps to detain the person having possession, selling, or transporting the agricultural commodities and request from the person being detained proof of ownership of the commodities. [L 1999, c 186, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145. Regulation of Farm Produce › 145-25 Enforcement; criminal penalties.

§145-25 Enforcement; criminal penalties.
Violations of this part or any rule adopted pursuant thereto shall be criminal offenses as follows:
(1) A violation in which the value of the agricultural commodity exceeds $100 shall be a class C felony; and
(2) A violation in which the value of the agricultural commodity is $100 or less shall be a misdemeanor. [L 1999, c 186, pt of §2; am L 2003, c 20, §4; am L 2012, c 125, §4]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145. Regulation of Farm Produce › 145-27 Authorization to seize and hold commodities; disposition.

§145-27 Authorization to seize and hold commodities; disposition.
(a) Upon reasonable belief that a person is in unlawful possession of agricultural commodities a law enforcement officer or other officer or employee shall be authorized to hold the agricultural commodity for not longer than forty-eight hours to investigate and ascertain the ownership of the agricultural commodity. If the lawful owner is determined and located, the agricultural, aquacultural, or horticultural commodity shall be released to the lawful owner.
(b) If for any reason the agricultural commodity is not released to the lawful owner after being in the custody of the law enforcement officer or other officer or employee for forty-eight hours, or less in the case of highly perishable commodities, the commodity may be sold at fair market value to any retailer, wholesaler, or packer of the commodity. All of the proceeds derived from the sale shall be held by the law enforcement officer or other officer or employee for not longer than six months, during which time the lawful owner of the commodity may submit satisfactory proof of ownership and obtain possession of the proceeds. The owner may be held responsible for any costs and expenses that may be incurred by the law enforcement officer or other officer or employee. Any proceeds of sale not recovered within six months for lack of a claim or for insufficient proof shall be treated as unclaimed property of the State.
(c) Any commodity that remains unsold after being offered for sale pursuant to this section may be donated to a nonprofit charitable organization or destroyed at the discretion of the law enforcement officer or other officer or employee.
(d) For the purposes of this section, "officer or employee" means any officer or employee of the department of agriculture or any other person authorized and designated by the board of agriculture to investigate and enforce this chapter and all rules adopted by the department pursuant thereto. [L 1999, c 186, pt of §2; am L 2012, c 125, §5]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145D. Donation of Food › 145D-1 Definitions.

§145D-1 Definitions.
Whenever used in this chapter unless the context otherwise requires:
"Charitable, religious, or nonprofit organization" means any organization which was organized and is operating in the State for charitable or religious purposes or to promote social welfare, which is exempt from income taxation under chapter 235, and which distributes food products at no cost to needy persons.
"Donor" means any person, partnership, corporation, company, or association engaged in the farming, processing, distribution, wholesaling, or retailing of food products who donates such products, without remuneration, to a charitable, religious, or nonprofit organization.
"Food product" means any fowl, seafood, animal, vegetable, or other stuff, product, or article which is customary food fit for human consumption, including prepared, canned, milk, dairy, and farm products, before or after the expiration date stamped on the products, if any.
"Needy person" means any person who lacks adequate or proper means of subsistence. [L 1982, c 260, pt of §2; am L 1990, c 55, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145D. Donation of Food › 145D-2 Exceptions to liability.

§145D-2 Exceptions to liability.
(a) Any donor of food products, who in good faith donates the food for the use or distribution by a charitable, religious, or nonprofit organization to needy persons shall not be liable for any civil damages or criminal penalties for any injuries or illnesses, including but not limited to injuries or illnesses resulting from the nature, age, condition, packaging, or handling of the donated food products, except for damages that result from the donor's gross negligence or wanton acts or omissions.
(b) A charitable, religious, or nonprofit organization that:
(1) Receives food pursuant to subsection (a) that is apparently fit for human consumption; and
(2) Distributes the food in good faith to needy persons at no charge,
shall not be liable for any civil damages or criminal penalties resulting from the condition of the food unless an injury or illness results from its gross negligence, or wanton acts or omissions.
(c) This section shall not relieve any organization from any other duty imposed by law for the inspection of donated food products or for any provisions regarding the handling of those products.
(d) The exceptions to liability specified in subsection (a) shall include:
(1) The donation of perishable or nonperishable food that has exceeded the labeled shelf life date recommended by the manufacturer;
(2) The donation of farm produce; provided that the good-faith donor or distributor reasonably believes that the food is fit for human consumption; and
(3) The donation of livestock or wild game meat; provided that the good-faith donor harvested the meat in a food-safe manner and processed the meat in accordance with federal law and the distributor reasonably believes that the food is fit for human consumption.
(e) For the purposes of this section:
"Donor" means any individual, food vendor, food manufacturer, food distributor, grocery or convenience store, charitable or nonprofit organization, butcher, meat processor, or government agency that donates food to needy persons where the food in question has been prepared and packaged in a facility meeting all relevant food safety guidelines, certifications, and requirements and has passed all food safety inspections.
"Farm produce" means all agricultural, horticultural, and vegetable produce of the soil, but does not include poultry, poultry products, livestock and livestock products, aquaculture and aquaculture products, and timber or timber products. [L 1982, c 260, pt of §2; am L 2021, c 159, §2; am L 2023, c 54, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145D. Donation of Food › 145D-3 Sale of donated food, prohibited; fines.

§145D-3 Sale of donated food, prohibited; fines.
(a) No person or organization shall sell, or offer for sale, any food product donated or distributed under this chapter.
(b) Any violation of this section is punishable by a fine not to exceed $1,000. [L 1982, c 260, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145D. Donation of Food › 145D-4 Labeling of donated food.

§145D-4 Labeling of donated food.
Any charitable, religious, or nonprofit organization which receives and distributes donated food pursuant to this chapter shall affix a label upon such food or upon the individual container or package of such food stating that the food is not for resale and stating that it was fit for human consumption at the date that it left control of the charitable organization. [L 1982, c 260, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 145D. Donation of Food › 145D-5 Reserving the State's authority to regulate, inspect, or ban the use of donated food.

§145D-5 Reserving the State's authority to regulate, inspect, or ban the use of donated food.
Nothing in this chapter is intended to restrict the authority of the department of health or the department of agriculture to regulate, inspect, or ban the use of such donated foods for human consumption. [L 1982, c 260, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 146. Slaughtering Operations and Slaughterhouses › 146-21 Retention of the hide of butchered calf, heifer, cow, steer, and bull; subject to public inspection.

§146-21 Retention of the hide of butchered calf, heifer, cow, steer, and bull; subject to public inspection.
Every person slaughtering a calf, heifer, cow, steer, and bull butchered for purposes of human consumption shall, for a period of two weeks after the killing of a calf, heifer, cow, steer, and bull, retain the hide of the same and allow any interested person, in the usual business hours during that period, to inspect the same; provided that disposition may be made of a hide within the period aforesaid upon receipt from the officer in charge of recording brands of written permission so to do; provided further that the retention of hides shall not be required if the purpose of the slaughter is for personal consumption. For the purpose of this section, "personal consumption" means for one's own use or for use by one's family. [L 1923, c 7, §1; RL 1925, §4188; am imp L 1932 1st, §1; RL 1935, §5980; RL 1945, §11380; am L 1953, c 244, §1; RL 1955, §290-1; HRS §146-21; am L 1986, c 163, §1]
Cross References
Brands, see chapter 142, pt II.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 146. Slaughtering Operations and Slaughterhouses › 146-22 Reports.

§146-22 Reports.
Every person who slaughters a calf, heifer, cow, steer, or bull, whether wild or domesticated, at any place other than a duly licensed slaughterhouse shall comply with section 146-21 and, in addition thereto, shall forthwith report such slaughtering to the officer in charge of recording brands. Such report shall include a description of the animal slaughtered, including its sex and a full description of each and every brand on the animal, the date and place of slaughter, and the name of the person from whom, and date when, the animal was acquired. If any of the described brands on the animal appear to be obliterated, as described in section 142-47, or to be felonious, as described in section 142-48, the person shall make a report of the obliterated or felonious brand to the appropriate law enforcement agency pursuant to rules adopted by the department of agriculture. [L 1953, c 244, §2; RL 1955, §290-2; HRS §146-22; gen ch 1985; am L 1986, c 163, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 146. Slaughtering Operations and Slaughterhouses › 146-23 Duty of vendor of butchered beef to disclose identity of person from whom obtained.

§146-23 Duty of vendor of butchered beef to disclose identity of person from whom obtained.
It shall be the duty of every vendor of butchered beef to know and truthfully state to any inquirer the name and residence of the person from whom the vendor obtained the beef which the vendor has for sale. [L 1923, c 7, §2; RL 1925, §4189; RL 1935, §5981; RL 1945, §11381; RL 1955, §290-3; HRS §146-23; gen ch 1985]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 146. Slaughtering Operations and Slaughterhouses › 146-24 Violations; penalty.

§146-24 Violations; penalty.
A violation of section 146-21, 146-22, or 146-23 shall be punishable by a fine of not more than $500 or imprisonment of not more than one year, or both. [L 1923, c 7, §3; RL 1925, §4190; RL 1935, §5982; RL 1945, §11382; RL 1955, §290-4; HRS §146-24; am L 1986, c 163, §3]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-1 Definitions.

Note
Part heading amended by L 2008, c 167, §2.
§147-1 Definitions.
As used in this part, the term:
"Agricultural commodity" means fresh fruits and fresh vegetables of every kind and character, whether or not frozen or packed in ice, whether produced in the State or imported, nuts, and coffee, whether cherry or parchment, or green beans, which have been produced in the State, and raw unprocessed honey, whether produced in the State or imported.
"Consumer" means any person or firm purchasing agricultural commodities for human consumption or animal consumption.
"Department" means the department of agriculture.
"Offgrade" is a descriptive term applicable to agricultural commodities which have a market value, and designates a quality lower than the lowest applicable in Hawaii, other states or the United States grade for each agricultural commodity.
"Produce dealer" means any person other than a producer who is engaged in the selling, marketing, or distributing of any agricultural commodity or in the business of soliciting or negotiating the sale of any farm product, but does not include any person selling solely at retail. For the purposes of this definition, sales to the United States army or navy, restaurants, hotels, hospitals, or other institutions are not retail sales.
"Producer" means any person engaged within the State in the growing or production for market of any agricultural commodity, or any cooperative association of such persons.
"Raw unprocessed honey" means honey that has not been heated above one hundred twenty degrees Fahrenheit, or filtered through a fine screen of less than one-sixty-fourth inch mesh, or treated with diatomaceous earth, or in any other way that results in the loss of any natural constituent of honey, such as plant pollen and enzymes. [L 1945, c 252, §1; RL 1955, §22-1; am L Sp 1959 2d, c 1, §22; am L 1961, c 64, §1 and c 132, §2; am L 1965, c 73, § §1 to 3; HRS §147-1; am L 1983, c 257, §2; am L 2008, c 167, §3]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-2 Duties of department; violations; proceedings; penalties.

§147-2 Duties of department; violations; proceedings; penalties.
The department shall administer and enforce this part and rules adopted by the department pursuant thereto.
The following penalties, remedies, procedures, and actions shall apply in instances of violations and complaints of violations of this part, or of the rules adopted by the department under the authority of this part:
(1) Administrative penalty. The department may, after notice and opportunity for hearing, fine any person who violates this part or any rule adopted under this part, not more than $1,000 for each separate offense. Each day or instance of violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this paragraph shall be considered a civil action;
(2) Nuisance may be enjoined, abated. Violation of this part or of any rule adopted thereunder is declared a public nuisance and may be enjoined or abated as such in a suit filed and prosecuted in the circuit court by the department or the attorney general. The several circuit courts are hereby vested with jurisdiction to prevent and restrain violation of this part or of any rule effective thereunder;
(3) Misdemeanor. Any person who violates this part or any rule adopted under this part shall be fined not more than $1,000 or imprisoned not more than one year, or both;
(4) The penalties and remedies prescribed in this section with respect to any violation mentioned in this section shall be concurrent and alternative and neither singly nor combined shall the same be exclusive and either singly or combined the same shall be cumulative with any and all other civil, criminal, or alternative rights, remedies, or penalties provided or allowed by law with respect to any such violation; and
(5) Nothing in this section shall prohibit the county police departments and county prosecutors or state law enforcement agencies from investigating and enforcing criminal violations of this chapter. [L 1945, c 252, §2; RL 1955, §22-2; am L Sp 1959 2d, c 1, § §14, 22; am L 1961, c 132, §2; am L 1963, c 114, §1 and c 193, §8; HRS §147-2; am L 1983, c 257, §3; am L 1985, c 111, §1; am L 2012, c 328, §2]
Cross References
Administrative hearing, see chapter 91.
Rules of Court
Injunction, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-4 Rules.

§147-4 Rules.
The department may make rules, subject to chapter 91:
(1) Defining grades and grade labeling requirements of agricultural commodities and standard containers for packing of particular agricultural commodities;
(2) Prohibiting the sale, offering for sale, or transportation of agricultural commodities unless packed in standard containers and labeled with the appropriate grade or offgrade designation; provided that this prohibition shall not apply to the sale, offering for sale, or transportation to a plant for grading, packing, or processing, or transportation to a warehouse for storage;
(3) Prohibiting the use of grade terms or abbreviations of grade terms on agricultural commodities for which no grades have been established under this part;
(4) Defining "suitable shipping condition" for agricultural commodities which are to be shipped for sale from one island to another within the State or to points outside the State, and prohibiting such shipment for sale of agricultural commodities which do not meet the minimum standards set for "suitable shipping condition";
(5) Prescribing records to be kept in connection with purchases of agricultural commodities by persons, other than produce dealers purchasing from a producer or producers, for purposes of resale five or more tons of agricultural commodities during any one calendar month;
(6) Prescribing records to be kept by produce dealers in connection with the purchase, sale, transport for sale, solicitation, or negotiation of sale with respect to an agricultural commodity; and
(7) Relating to the inspection and documentation of the geographic origin of Hawaii-grown green coffee beans.
In making the rules the department shall take into account, among other things, the factors of maturity, condition, soundness, color, shape, size, and freedom from defects of the agricultural commodity in question and shall also take into consideration the official standards, grades or classifications adopted by the secretary of the Department of Agriculture of the United States, commonly known as U.S. Grades. [L 1945, c 252, §4; RL 1955, §22-4; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; am L 1965, c 73, §4; HRS §147-4; am L 1991, c 134, §1; am L 2012, c 328, §3]
Cross References
Measurement standards, see chapter 486, pt V.
Rulemaking procedure, see chapter 91.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-5 Prohibition of deceptive packing.

§147-5 Prohibition of deceptive packing.
No person shall sell, expose, or offer for sale, or transport for sale in open or closed packages agricultural commodities packed in such manner that the face or shown surface is so superior to the unexposed portion as to quality, size, condition, or in any other respect as to materially misrepresent the contents. [L 1945, c 252, §5; RL 1955, §22-5; HRS §147-5]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-7 Inspection and classification of agricultural commodities; fees.

§147-7 Inspection and classification of agricultural commodities; fees.
(a) The department may contract with the United States Department of Agriculture for obtaining the services of a supervising inspector employed by the federal department and the establishment of a cooperative inspection service with the United States government. The department, or the supervising inspector with the approval of the department, may designate any competent employee or agent of the department as an inspector to inspect or classify agricultural commodities in accordance with rules of the department, and at the time and places designated by the supervising inspector or the department.
(b) The inspectors shall be authorized to inspect or classify agricultural commodities at the request of persons having a financial interest in the commodities and to ascertain and certify to the persons the grade, classification, quality, condition, or origin of them and other pertinent facts.
(c) The department may fix, assess, and collect or cause to be collected fees for the services when they are performed by employees of the department. The fees shall be on a uniform basis and in an amount reasonably necessary to cover the cost of inspection and the administration of this part; provided that the department may prescribe a reasonable charge for traveling expenses and extraordinary services when the performance of the services involves unusual cost in their performance. No fee shall be charged for an inspection unless the inspection was requested by a person having a financial interest in the inspected commodity.
(d) The department may adopt rules establishing the requirements, procedures, restrictions, and other criteria necessary for establishing a program of self inspection and certification of agricultural commodities. [L 1945, c 252, §7; RL 1955, §22-6; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-7; am L 1978, c 12, §1; am L Sp 1995, c 8, §2; am L 1997, c 345, §2; am L 2012, c 328, §4]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-8 Appeal for classification; fee.

§147-8 Appeal for classification; fee.
Whenever any quantity of any agricultural commodity has been inspected under section 147-7 and a question arises as to whether the certificate issued with respect to the inspection shows true grade, class, quality, condition, or origin of the product, any person having a financial interest in the inspected commodity, subject to any rules adopted by the department, may appeal to the department for a reinspection and the department may reinspect and conduct appropriate tests to determine and issue a written certificate of the true grade, class, quality, condition, or origin of the product.
Whenever any appeal is made to the department under this section it shall charge and collect or cause to be collected a reasonable fee. The amount of the fee shall be fixed by rule and shall be refunded if the appeal is sustained. [L 1945, c 252, §8; RL 1955, §22-7; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-8; am L 1997, c 345, §3]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-9 Certificate as evidence.

§147-9 Certificate as evidence.
Any certificate made by an inspector pursuant to section 147-7 or any written finding of the board of agriculture pursuant to section 147-8 shall be admissible in evidence in all courts of the State as presumptive evidence of all facts and matters therein stated. [L 1945, c 252, §9; RL 1955, §22-8; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-9]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-10 Income from certification and agriculture control activities.

§147-10 Income from certification and agriculture control activities.
Except for fees collected by the department pursuant to part VII, all fees, expenses, and penalties collected by the department pursuant to this part shall be deposited with the director of finance to the credit of the general fund. [L 1945, c 252, §10; RL 1955, §22-9; am L 1959, c 265, §5; am L Sp 1959 2d, c 1, § §14, 22; am L 1961, c 132, §2; am L 1963, c 114, §1; HRS §147-10; am L 1969, c 95, §1; am L Sp 1995, c 8, §3; am L 2003, c 49, §3]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-21 Definitions.

Note
Part heading amended by L 1983, c 257, §5; L 2008, c 167, §4.
§147-21 Definitions.
For the purposes of this part, unless otherwise required by the context:
"Agricultural commodity" means fruits, [vegetables], nuts, coffee, and raw unprocessed honey.
"Commercial exporter" means any person who is engaged in the business of exporting fresh or processed agricultural commodities to points outside the State.
"Department" means the department of agriculture.
"Processed" means canned, preserved, frozen, pickled, dried, or otherwise prepared with or without any ingredients added thereto.
"Raw unprocessed honey" means honey that has not been heated above one hundred twenty degrees Fahrenheit, or filtered through a fine screen of less than one-sixty-fourth inch mesh, or treated with diatomaceous earth, or in any other way that results in the loss of any natural constituent of honey, such as plant pollen and enzymes.
"Style" means the kind or class of any particular processed agricultural commodity as determined by its physical characteristics, usually the size and shape thereof. [L 1955, c 258, §3; RL 1955, §22-21; am L 1959, c 267, §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-21; am L 1983, c 257, pt of §5; am L 2008, c 167, §5]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-22 Rules.

§147-22 Rules.
The department shall have the necessary powers to carry out and effectuate the purposes of this part, including the following:
To establish, prescribe, modify, or alter, by rules, such grades, standards, grade labels, and classifications as shall be the minimum requirements for fresh and processed agricultural commodities destined for shipment by commercial exporters to points outside the State; provided that the provisions of such grades, standards, grade labels, and classifications shall not excuse failure to comply with the provisions of the federal and state food, drug, and cosmetic acts. The department in establishing such rules shall consult with appropriate state and federal agencies and with any appropriate industry or trade organization. The standards, grades, grade labels, and classifications so established shall be on the basis of what the department may deem best suited to the agricultural, horticultural, or other interests of the State; provided that the minimum requirements for the grades, standards, grade labels, and classifications so established for processed agricultural commodities shall not be higher than that of any standardized product which is sanitary and which has been demonstrated to be a commercially-acceptable product of the class to which it belongs and for which a market has been established; provided further that different minimum requirements may be applied to different styles of processed agricultural commodities; and provided further that any processed pineapple product, in which the fruit ingredient is at least ninety-five per cent pineapple in compliance with the provisions of the federal and state food, drug, and cosmetic acts, may be exported from the State. [L 1955, c 258, §4; RL 1955, §22-22; am L 1959, c 267, §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-22; am L 1983, c 257, pt of §5; am L 1985, c 5, §1]
Cross References
General rulemaking requirements, see chapter 91.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-23 Prohibited acts.

§147-23 Prohibited acts.
(a) No commercial exporter shall ship any fresh or processed agricultural commodities to points outside the State unless such products meet the quality, condition, and labeling requirements of the rules adopted under this part.
(b) No Hawaii-grown coffee beans shall be shipped outside the area of their geographic origin to any point within the State or outside the State unless the coffee bean package containing the beans has been marked with or contains documentation of geographic origin approved by the department. [L 1955, c 258, §5; RL 1955, §22-23; am L 1959, c 267, §1; HRS §147-23; am L 1983, c 257, pt of §5; am L 1985, c 5, §2; am L 1997, c 345, §4; am L 2012, c 328, §5]
Cross References
False labeling of Hawaii-grown coffee, see §708-871.5.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-24 Inspection.

§147-24 Inspection.
The board of agriculture may designate any employee or agent of the department to inspect or classify fresh and processed agricultural commodities. [L 1955, c 258, §6; RL 1955, §22-24; am L 1959, c 267, §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-24; am L 1983, c 257, pt of §5]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-25 Duties of department; violations; proceedings; penalties.

§147-25 Duties of department; violations; proceedings; penalties.
(a) The department shall administer and enforce the provisions of this part and rules adopted thereunder.
(b) 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 1955, c 258, §7; RL 1955, §22-25; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-25; am L 1983, c 257, pt of §5]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-31 Definitions.

§147-31 Definitions.
For the purposes of this part, unless otherwise required by the context:
"Commercial exporter" means any person who exports or causes to be exported from the State of Hawaii: (1) any fresh or processed flowers or foliage to a wholesaler or retailer for sale or resale or for distribution for commercial or promotional purposes, or (2) any fresh or processed flowers or foliage as a gift for subsequent sale or resale.
"Container" means package used for the export shipment.
"Department" means the department of agriculture.
"Export" means shipment to any point outside the State.
"Flowers and foliage" means cut flowers, foliage, and plants with roots attached.
"Method of packaging" means the manner in which flowers are placed in the container and procedures used to insure retention of desirable qualities in the flowers and foliage.
"Packing material" means anything used in packaging flowers or foliage for shipment other than the container.
"Person" means any individual, firm, corporation, partnership, or association. [L 1959, c 267, pt of §2; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2 and c 139, §1; am L 1963, c 193, §9; Supp, §22-26.2; HRS §147-31; am L 1977, c 20, §1]
Revision Note
Definitions rearranged.
Cross References
Importation of flowers and foliage, see §150A-5.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-32 Rules and regulations.

§147-32 Rules and regulations.
The department of agriculture shall have the necessary powers to carry out and effectuate the purposes of this part, including the following:
To establish, prescribe, modify, or alter, by rules and regulations, which shall have the force and effect of law, grades, standards, and classifications for fresh and processed flowers and foliage, and minimum requirements for fresh and processed flowers and foliage destined for shipment by commercial exporters to points outside, and minimum requirements for containers, packing materials, methods of packing, and requirements for labeling to be used in packaging fresh and processed flowers and foliage destined for shipment by commercial exporters to points outside the State.
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 grades, standards, classifications, minimum requirements for flowers and foliage and requirements for containers, packing material, methods of packing, and labeling shall be on the basis of what the department may deem best suited to the agricultural, horticultural, or other interests of the State. [L 1959, c 267, pt of §2; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2 and c 139, §2; Supp, §22-26.3; HRS §147-32]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-33 Prohibited acts.

§147-33 Prohibited acts.
No commercial exporter shall ship any fresh or processed flowers or foliage to points outside the State unless such products meet the minimum export quality and condition requirements and are so packaged in containers with such packaging material and in such a manner as to meet the minimum packaging requirements established by rules and regulations promulgated under this part. [L 1959, c 267, pt of §2; Supp, §22-26.4; HRS §147-33]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-34 Inspection; certification fees.

§147-34 Inspection; certification fees.
The board of agriculture may designate any employee or agent of the department as an inspector to classify and inspect fresh and processed flowers and foliage for quality and condition and to determine if containers, packing materials, and methods of packing meet the minimum requirements established. In addition the inspector may classify and inspect flowers and foliage for quality and condition at the request of persons having a financial interest in the commodities in order to ascertain and to certify to those persons the grade, classification, quality, or condition thereof and other pertinent facts. The department may fix, assess, and collect or cause to be collected fees for those certification services when they are performed by the employees of the department. The fees shall be on a uniform basis and in an amount reasonably necessary to cover the cost of certification services provided at the request of persons having a financial interest. Except for fees collected by the department pursuant to part VII, all fees collected by the department pursuant to this part shall be deposited with the state director of finance to the credit of the general fund. [L 1959, c 267, pt of §2; am L Sp 1959 2d, c 1, § §14, 22; am L 1961, c 132, §2; am L 1963, c 114, §1 and c 193, §10; Supp, §22-26.5; HRS §147-34; am L 2003, c 49, §4]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-37 Duties of department; violations; proceedings; penalties.

§147-37 Duties of department; violations; proceedings; penalties.
(a) It shall be the duty of the department to administer and enforce the provisions of this part and rules promulgated thereunder.
(b) 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 1959, c 267, pt of §2; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; am L 1963, c 114, §1 and c 193, §11; Supp, §22-26.8; HRS §147-37; am L 1983, c 257, §7]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-51 Definitions.

§147-51 Definitions.
For the purpose of this part, unless otherwise required by the context:
"Department" means the department of agriculture.
"Food product" or "product" means any and all fruits, vegetables, nuts, and coffee, or part or parts thereof, produced and processed within the State, any and all honey produced and processed within the State or imported, and also any and all fish and fishery products processed within the State.
"Process" means to can, preserve, freeze, pickle, dry, or otherwise prepare, with or without any added ingredients.
"Processed honey" means honey that has been heated above one hundred twenty degrees Fahrenheit, or filtered through a fine screen of less than one-sixty-fourth inch mesh, or treated with diatomaceous earth, or in any other way that results in the loss of any natural constituent of honey, such as plant pollen and enzymes. [L 1947, c 195, §1; RL 1955, §22-40; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-51; am L 1983, c 257, §8; am L 2008, c 167, §6]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-52 Grades, standards and classifications; changes.

§147-52 Grades, standards and classifications; changes.
The standards for grading and classifying food products that have been or may be hereafter adopted, prescribed, or announced by the United States Department of Agriculture or by or under authority of the Congress of the United States are hereby declared to be the official standards for grading and classifying such food products for the State; provided that the department of agriculture may establish and prescribe other and different, or additional, standards for grading and classifying any such products, to the extent permitted by the laws of the United States, which standards, so established and prescribed by the department, shall be the official standards for grading and classifying any such food products for the State. The department may also establish and prescribe official standards for grading and classifying any or all food products for which no standards have been adopted, prescribed, or announced by the United States Department of Agriculture or by or under authority of the Congress. The department may change any standards established and prescribed by it hereunder from time to time. [L 1947, c 195, §2; RL 1955, §22-41; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-52]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 147. Grades and Standards › 147-53 Department; grades, standards and classifications; factors.

§147-53 Department; grades, standards and classifications; factors.
In establishing any grades, standards, or classifications for any food product, the department of agriculture, in addition to such factors as may be specified in any other law, shall take into account and base the grades, standards, or classifications upon such of the following factors as shall be applicable to the product involved: degree of maturity; size, measured by dimensions or weight; degree of freshness, as determined by physical examination or chemical test or analysis; moisture content; uniformity; color; firmness; tenderness; defects; injury; damage; diseases; appearance; mixture of varieties; decay; conformation; soundness; varietal characteristics or type; number of specimens per pound; nature of pack; presence of dirt or other foreign material; condition as to temperature and extent to which the product is hot or heating or is in a sour condition; extent to which product is satisfactory for human or other consumption or use; extent to which the product has been affected by handling or treatment; extent to which the product has a commercially objectionable flavor or odor; and other factors indicative of class, quality, or condition, and of the value or suitability of the product involved for the commercial or other use to be made thereof. In addition the department shall take into account any grades, standards, or classifications for such product established by the United States Department of Agriculture and also applicable federal grades and standard laws. [L 1947, c 195, §3; RL 1955, §22-42; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-53]