reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 157. Milk Control Act › 157-33 Order fixing minimum price, salvage value.

§157-33 Order fixing minimum price, salvage value.
(a) Without regard to the notice and public hearing requirements of chapter 91 and based on the specific formulas or criteria adopted under section 157-31(a)(2), the board may establish by order the minimum prices and salvage values for milk to be paid to producers by producer-distributors and distributors.
(1) Prior to the effective date of any order, the department shall give public notice that includes:
(A) Either a statement of the substance of the proposed order; or a statement of the minimum prices or salvage values for milk to be established, and
(B) A statement that a copy of the proposed order will be mailed to any interested person who requests a copy, together with a description of where and how the requests may be made.
(2) The notice shall be mailed to all persons who have made a timely written request of the department for advance notice of these orders or of the department's rulemaking proceedings. The department may require reimbursement for the cost of preparing and mailing the copies.
(b) The minimum prices and salvage values within each milk shed may vary according to the classes or classifications established by the board; provided that the minimum prices and salvage values for each such class or classification within a milk shed shall be uniform. The minimum prices and salvage values may vary from county to county. The board may adopt rules to prescribe how producers shall be paid for milk sold by them to distributors and producer-distributors. [L 1967, c 260, §22; HRS §157-33; am L 1971, c 184, pt of §4; ree L 1972, c 40, pt of §2; am L 1997, c 118, § §3, 6; am L 1998, c 2, §32 and c 19, §1; am L 2004, c 20, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 157. Milk Control Act › 157-35 Compensatory payment.

§157-35 Compensatory payment.
Whenever any distributor or producer-distributor sells recombined or reconstituted milk for fluid human consumption in a milk shed, the distributor or producer-distributor shall pay the board a compensatory payment to be distributed to all producers who supply milk to the distributor or producer-distributor.
In determining the compensatory payment, the board shall hold a public hearing whenever it deems it necessary to establish the loss of quota suffered by the producers from the sale of recombined or reconstituted milk, the reasonable rate of return the producers would have received if recombined or reconstituted milk were not sold to the public, and the pro rata share each producer should receive from the compensatory fund. The board may, at the request of a distributor or producer-distributor or on its own motion, suspend the operation of this section during periods when the production of milk by producers is inadequate to meet consumer requirements. [L 1967, c 260, §24; HRS §157-35; ree and am L 1972, c 40, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 157. Milk Control Act › 157-41 Remedies; penalties.

§157-41 Remedies; penalties.
(a) The board of agriculture may institute such action as may be necessary to enforce compliance with this chapter.
(b) Any person who violates this chapter shall be guilty of a misdemeanor and subject to a fine of not less than $250 or more than $1,000 or imprisonment for not more than one year, or both.
(c) The board of agriculture, after notice and opportunity for hearing, may fine any person who violates this chapter or any rule adopted under this chapter, not less than $250 or 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 subsection shall be considered a civil action.
(d) Lawful compliance with this chapter shall not be deemed a violation of chapter 480. [L 1967, c 260, §25; HRS §157-41; am L 1989, c 115, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 157. Milk Control Act › 157-42 Interstate and federal compacts.

§157-42 Interstate and federal compacts.
The board of agriculture may confer with authorities of other states and of the United States with respect to uniform milk control with states or as between states, and with the federal government in its control of prices of milk handled in interstate commerce, and may exercise its powers hereunder to effect uniform milk control. It may join with such other authorities, federal and state, in conducting joint investigations, holding joint hearings, and issue joint or concurrent orders, or orders supplementary to those of the federal government, and shall have the power to employ or designate a joint agent or joint agencies to carry out and enforce such joint, concurrent, or supplementary orders. [L 1967, c 260, §26; HRS §157-42]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 157. Milk Control Act › 157-43 Construction.

§157-43 Construction.
The license required by this chapter shall be in addition to any other license required by law. This chapter shall not be construed to affect in any manner the relations between any cooperative marketing association and its members organized pursuant to the laws of Hawaii or the United States. [L 1967, c 260, pt of §27; HRS §157-43]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-6 Administration.

§159-6 Administration.
The department shall administer this chapter subject to the supervision of the board. The board may delegate any of its powers except the power to make rules and regulations or may direct any of its duties to be performed by any appropriate agents, officers, or employees of the board.
The board may employ on a full or part-time basis veterinarians and inspectors, subject to chapter 76, as are necessary to carry out a uniform inspection system of meat or meat products in the State. All inspectors shall be under the supervision and control of a veterinarian employed by the board. [L 1969, c 214, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-7 General powers.

§159-7 General powers.
The department, through its board, may:
(1) Regulate, supervise, inspect, and control the slaughtering of animals and the manufacture, processing, transportation, packaging, labeling, and disposal of meat or meat products involved in intrastate commerce;
(2) Adopt, amend, and repeal rules as are necessary to implement this chapter, subject to chapter 91, on the following matters:
(A) The issuance of licenses, including the class of licenses to be issued;
(B) The type of equipment or facilities that may be used in slaughtering and meat processing operations;
(C) The internal operations of slaughterhouses and meat processing establishments;
(D) The procedures for ante-mortem and post-mortem inspections and the reinspection of meat or meat products used in processing, and the disposal of diseased carcasses and parts of carcasses and meat or meat products found to be unwholesome or otherwise unfit for human consumption;
(E) The hours of slaughtering and processing, and the conditions under which slaughtering and processing may be conducted at other than scheduled times;
(F) The labeling and packaging of meat or meat products;
(G) The storing, handling, and transportation of meat or meat products;
(H) The sanitary conditions of all establishments where animals are slaughtered, and where meat or meat products are processed or prepared; and
(I) Any other matter as may be necessary or desirable to implement this chapter. Notwithstanding the foregoing provisions, the board, without regard to the notice and public hearing requirements of chapter 91, may adopt all federal meat inspection regulations, including changes made from time to time by the United States Secretary of Agriculture, as rules for the efficient administration of this chapter. Prior to the effective date of any such rules, the department shall publish in a newspaper of general circulation a notice that includes:
(i) Either a statement of the substance of the proposed rule adoption, amendment, or repeal; or a general description of the subjects involved and the purposes to be achieved by the proposed rule adoption, amendment, or repeal; and
(ii) A statement that a copy of the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed will be mailed to any interested person who requests a copy, together with a description of where and how the requests may be made.
The notice shall be mailed to all persons who have made a timely written request of the department for advance notice of these rules or of the department's rulemaking proceedings. The department may require reimbursement for the cost of preparing and mailing the copies[;]
(3) Provide for the inspection and certification of meat derived from exotic animals when these services are requested by producers of these products, and obtain from users of these services reimbursement for all costs incurred in the provision of these services. [L 1969, c 214, pt of §1; am L 1990, c 139, §3; am L 1991, c 88, §1; am L 1995, c 90, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-8 Information, investigation, hearings.

§159-8 Information, investigation, hearings.
For the purpose of enforcing this chapter, the board may:
(1) Gather and compile information which relates to the business operations of persons being regulated under this chapter and such other information necessary to effectuate the purposes of this chapter. Confidential information shall not be disclosed by the board except under order of court.
(2) Hold hearings, take testimony, administer oaths, subpoena witnesses and issue subpoenas for the production of records, or documents of any kind. Upon failure or refusal of any witness to obey any subpoena, the board may petition the circuit court, and upon proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey the order of court shall be punishable as a contempt of court.
No person shall be excused from attending and testifying or from producing documentary evidence before the board in obedience to a subpoena of the board on the ground or for the reason that the testimony or evidence, documentary, or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the person is compelled, after having claimed the person's privilege of self-incrimination, to testify, or produce evidence, documentary or otherwise, before the board in obedience to a subpoena issued by the board; provided that no person so testifying shall be exempt from prosecution for perjury committed in so testifying.
(3) Request the attorney general to seek relief from the appropriate circuit courts for writs of mandamus commanding any person to comply with this chapter or any order of the board made in pursuance thereof or to enjoin any violation of this chapter or any order of the board.
Witnesses summoned before the board shall be paid the same fees and mileage that are paid witnesses in the circuit courts of the State, and witnesses whose depositions are taken and the persons taking them shall severally be entitled to the same fees as are paid for like services in the courts. [L 1969, c 214, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-11 Certificate of sanitation.

§159-11 Certificate of sanitation.
(a) The board may issue certificates of sanitation to slaughterhouses and meat processors which are subject to this chapter and which meet minimum sanitary specifications required for:
(1) The slaughtering of animals for use of the meat or meat products in intrastate commerce.
(2) The processing, rendering, transporting, storing, and handling of the meat or meat products in intrastate commerce. The board may adopt rules, subject to chapter 91, governing the minimum sanitary specifications and prescribing forms, requiring reports, and providing for periodic renewals of the certificates.
(b) Notwithstanding any other law or rule under this chapter which requires the renovation or upgrading of the physical facilities of slaughterhouses and meat processors in order to obtain a certificate of sanitation, the board shall nonetheless issue certificates of sanitation to slaughterhouses and meat processors licensed by the State; provided that:
(1) The facilities of the slaughterhouses and meat processors are sanitary and the products which emerge from their respective operations are wholesome, not adulterated, and fit for human consumption; and
(2) Upon the sale or transfer of any of the foregoing businesses, the person to whom the business is transferred shall be required to meet all of the requirements and the rules under this chapter. [L 1969, c 214, pt of §1; am L 1990, c 139, §4; am L 1991, c 88, §1; am L 1993, c 248, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-12 License required.

§159-12 License required.
It shall be unlawful for any person to engage in the business of slaughtering cattle, sheep, swine, goats, horses, mules and other equines or manufacturing or processing of meat or meat products without a license as required by this part. [L 1969, c 214, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-13 Application for a license.

§159-13 Application for a license.
The board may issue licenses to slaughterhouses and meat processing establishments having certificates of sanitation issued under section 159-11. An applicant for an original or renewal license to operate as a slaughterhouse operator or meat processor shall file an application upon a form prepared by the board, containing the information which the board deems necessary for the administration of this chapter.
The license year shall be from July 1 to June 30. All applications for renewal of licenses shall be made at least thirty days prior to the commencement of the license year. [L 1969, c 214, pt of §1; am L 1993, c 248, §3]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-15 Bonding.

§159-15 Bonding.
Upon a person being granted a license to slaughter animals for the purpose of using the meat or meat products thereof in intrastate commerce, the board shall exact from the licensee a bond, or other form of surety acceptable to the board or an appropriate agent, officer, or employee designated by the board, in the penal sum of $5,000, the bond or other form of surety to be obtained from a surety company or financial institution authorized to do business in the State and to be so conditioned that the licensee shall be required to keep a full and accurate record concerning every animal which the licensee may purchase, kill, or sell; and that the licensee will at all times during regular business hours keep the record open for the inspection by representatives of the board who may desire to examine the same. The record shall contain:
(1) The sex of the animal.
(2) A full description of each and every brand on the animal, stating the position of each brand on the animal. 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.
(3) Ear tag number or other mark of identification.
(4) The principal color of the animal.
(5) The name of the person who sold the animal to the licensee.
(6) The date when the animal was sold to the licensee.
(7) The date when the animal was delivered to the licensee.
(8) The date when the animal was killed. [L 1969, c 214, pt of §1; gen ch 1985; am L 1986, c 163, §4; am L 1989, c 92, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-16 Granting, suspending and revoking licenses.

§159-16 Granting, suspending and revoking licenses.
(a) The action of the board in refusing to grant or renew a license, or in revoking or suspending a license, may be judicially reviewed in the manner provided by chapter 91.
(b) No license shall be denied unless the board finds after due notice and an opportunity of hearing in accordance with chapter 91, to the applicant any of the following:
(1) That the applicant does not qualify or possess the facilities to conduct a business properly.
(2) That the applicant does not have the financial responsibility to conduct a business properly.
(3) That the issuance of a license is otherwise not in the public interest.
(c) The board may refuse to renew a license or may suspend or revoke a license upon due notice and opportunity of hearing in accordance with chapter 91, to the licensee when it finds any of the following:
(1) The licensee has been adjudged a bankrupt.
(2) The licensee has violated chapter 480 and the violation is directly or indirectly involved with the state meat industry.
(3) The licensee has failed to keep records or to furnish the statements or information required by the board.
(4) The licensee has intentionally made a false or misleading statement upon which the license was issued.
(5) The licensee has violated or failed to comply with this chapter.
(6) The licensee has ceased to operate the business for which the license was issued.
(d) The board may conditionally renew a license or may conditionally decline to suspend or revoke a license, but the condition shall have appropriate relation to the administration of this chapter. [L 1969, c 214, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-21 Ante-mortem inspection.

§159-21 Ante-mortem inspection.
(a) For the purpose of preventing the use in intrastate commerce of meat or meat products which are adulterated, the board shall cause to be made, by a veterinarian or inspector appointed for that purpose, an examination and inspection of all animals before they shall be allowed to enter into any slaughtering, packing, meat-canning, rendering, or similar establishment in the State in which slaughtering and preparation of meat or meat products of the animals are conducted solely for intrastate commerce; and all animals found on the inspection to show symptoms of disease shall be set apart from all other animals and slaughtered or otherwise disposed of as provided in the rules and regulations, and when slaughtered, the carcasses of the animals shall be subject to a careful examination and inspection, all as prescribed by the board.
(b) For the purpose of preventing the inhumane slaughtering of animals, the board shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of the method by which the animals are slaughtered and handled in connection with slaughter in the slaughtering establishments inspected under this chapter. The board may refuse to provide inspection to a new slaughtering establishment or may cause inspection to be temporarily suspended at a slaughtering establishment, if the board finds that any animal has been slaughtered or handled in connection with slaughter at such establishment by any method not in accordance with subsection (c), until the establishment furnishes assurances satisfactory to the board that all slaughtering and handling in connection with slaughter of animals is in accordance with a method specified in subsection (c).
(c) Either of the following two methods of slaughtering of animals and handling in connection with slaughter are found to be humane:
(1) By rendering the animal insensible to pain by a single blow or gunshot or an electrical, chemical, or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut; or
(2) By slaughtering or handling in connection with slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.
(d) For the purposes of this section "animals" means cattle, sheep, swine, goats, horses, mules, or other equines. [L 1969, c 214, pt of §1; am L 1980, c 178, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-24 Sanitation.

§159-24 Sanitation.
The board shall cause to be made by veterinarian or meat inspector, the inspection of all slaughtering, meat-canning, salting, packing, rendering, or similar establishments in which cattle, sheep, swine, goats, horses, mules, and other equines are slaughtered and the meat or meat products thereof are prepared solely for intrastate commerce as may be necessary to inform itself concerning the sanitary conditions of the same, and to prescribe the sanitation under which the establishments shall be maintained; and where the sanitary conditions of any establishments are such that the meat or meat products are rendered adulterated, it shall refuse to allow the meat or meat products to be labeled, marked, stamped, or tagged as "Hawaii Inspected and Passed". [L 1969, c 214, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-25 Slaughter, transportation, and selling.

§159-25 Slaughter, transportation, and selling.
No person shall, with respect to cattle, sheep, swine, goats, horses, mules, or other equines, or carcasses, parts of carcasses, meat or meat products of animals:
(1) Slaughter any animal or prepare any meat or meat products which are capable of use as human food, at any establishment preparing such meat or meat products solely for intrastate commerce, except in compliance with the requirements of this chapter.
(2) Slaughter or handle in connection with slaughter any such animal in any manner not in accordance with section 159-21(c).
(3) Sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce:
(A) Any meat or meat products which
(i) Are capable of use as human food, and
(ii) Are adulterated or misbranded at the time of the sale, transportation, offer for sale or transportation, or receipt for transportation.
(B) Any meat or meat products required to be inspected under this chapter unless they have been so inspected and passed.
(4) Do, with respect to any such meat or meat products which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after transportation, which is intended to cause or has the effect of causing meat or meat products to be adulterated or misbranded. [L 1969, c 214, pt of §1; am L 1973, c 7, §1; am L 1980, c 178, §2]
Cross References
Further regulation, see chapter 146, pt. II.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-26 Forgery of mark, brand, or label.

§159-26 Forgery of mark, brand, or label.
(a) No brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make any device containing any official mark, any label bearing any such mark, any form of official certificate, or simulation thereof, except as authorized by the board.
(b) No person, firm, or corporation shall:
(1) Forge any official device, mark, or certificate.
(2) Use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate without authorization from the board.
(3) Fail to use, or to detach, deface, or destroy any official device, mark, or certificate contrary to the regulations prescribed by the board.
(4) Knowingly possess, without promptly notifying the board or its representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any animal, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark.
(5) Knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the board.
(6) Knowingly represent that any meat or meat products have been inspected and passed, or exempted, under this chapter when, in fact, it has, respectively not been so inspected and passed, or exempted.
(c) No person shall sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, any carcasses of horses, mules, or other equines or parts of such carcasses, or the meat or meat products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as prescribed by the board to show the kinds of animals from which they were derived. When required by the board with respect to establishments at which inspection is maintained under this chapter, the animals and their carcasses, parts thereof, meat or meat products shall be prepared in establishments separate from those in which cattle, sheep, swine, or goats are slaughtered or their carcasses, parts thereof, meats or meat products are prepared. [L 1969, c 214, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-27 Inspector.

§159-27 Inspector.
Veterinarians and inspectors shall examine and inspect all cattle, sheep, swine, goats, horses, mules, and other equines the inspection of which is hereby provided for, and all carcasses and parts thereof, and all meat or meat products thereof, and the sanitary conditions of all establishments in which the meat or meat products are prepared; veterinarians and inspectors shall refuse to stamp, mark, tag, or label any carcass or any part thereof, or meat products therefrom, prepared in any establishment, until the same shall have actually been inspected and found to be unadulterated; and veterinarians and inspectors shall perform other duties as are provided by this chapter and by the rules adopted by the board and the board, from time to time, shall adopt such rules in accordance with chapter 91 which are necessary for the efficient execution of this chapter, and all inspections and examinations made under this chapter shall be made in a manner as described in the rules adopted by the board not inconsistent with this chapter. [L 1969, c 214, pt of §1; am L 1990, c 139, §5; am L 1991, c 88, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-28 Bribery.

§159-28 Bribery.
Any person or employee of any person, who shall give, pay, or offer, directly or indirectly, to any inspector, or any other officer or employee of the State authorized to perform any of the duties prescribed by this chapter or by the rules of the board, any money or other thing of value, with intent to influence the inspector, or other officer or employee of this State, in the discharge of any duty shall be guilty of a class C felony; provided the minimum sentence shall be a $5,000 fine and a three-year term of imprisonment. Any inspector, or other officer or employee of this State authorized to perform any of the duties prescribed by this chapter, who shall accept any money, gift, or other thing of value from any person, or officers, agents, or employees thereof, given with intent to influence the inspector's, officer's, or employee's official action, or who shall receive or accept from any person engaged in intrastate commerce subject to this chapter any gift, money, or other thing of value given with or without intent to influence the inspector's, officer's, or employee's official actions, shall be discharged from office and shall be guilty of a class C felony, provided the minimum fine shall be $1,000. [L 1969, c 214, pt of §1; gen ch 1985; am L 1990, c 139, §6; am L 1991, c 88, §1]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-610(2), 706-640, and 706-660.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-30 Storing, handling and transporting.

§159-30 Storing, handling and transporting.
The board may prescribe conditions under which carcasses, parts of carcasses, meat or meat products of cattle, sheep, swine, goats, horses, mules, or other equines, capable of use as human food, shall be stored or otherwise handled by any person engaged in the business of buying, selling, freezing, storing or transporting, in or for intrastate commerce, such meat or meat products, whenever the board deems action necessary to assure that such meat or meat products will not be adulterated or misbranded when delivered to the consumer. The violation of any regulation is prohibited. [L 1969, c 214, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-31 Inspection of exotic animals.

§159-31 Inspection of exotic animals.
Persons desiring certification as to wholesomeness and unadulteration for meat and meat products derived from exotic animals may request the department to conduct an inspection under this chapter. [L 1990, c 139, pt of §1; am L 1991, c 88, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-32 Reimbursement for inspection.

§159-32 Reimbursement for inspection.
The department may perform inspection of meat and meat products derived from exotic animals when requested by persons desiring such inspection. Persons requesting and receiving inspection service under this part shall reimburse the State for all costs incurred by the State in the provision of the service. All such reimbursements shall be deposited into the general fund. [L 1990, c 139, pt of §1; am L 1991, c 88, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-33 Conduct of exotic animal inspection.

§159-33 Conduct of exotic animal inspection.
Inspection of exotic animals, their carcasses, and meat and meat products derived therefrom, shall be conducted in accordance with this chapter and rules adopted pursuant to this chapter. Persons requesting and receiving inspection service under this part, and the meat and meat products derived from exotic animals that are inspected by the department under this part, shall be subject to all requirements and penalties of this chapter and of the rules adopted under this chapter. [L 1990, c 139, pt of §1; am L 1991, c 88, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-34 Prohibitions.

§159-34 Prohibitions.
(a) The preparation, sale, offering for sale, or transportation or receipt for transportation in intrastate commerce of meat and meat products derived from exotic animals, unless inspected and passed as provided for under this part, is prohibited. Violators shall be subject to all requirements and penalties of this chapter.
(b) Notwithstanding any other law to the contrary, no person shall buy, sell, transport, deliver, offer for sale or transportation, or receive for transportation in commerce, any bear gallbladders or bile, or any product, item, or substance containing, labeled, or advertised as containing bear gallbladders or bile. The possession of any bear gallbladders or bile, or any product, item, or substance containing, labeled, or advertised as containing bear gallbladders or bile is prima facie evidence of a violation of this subsection. The exemptions set forth in section 159-29 shall not apply to violations of this subsection. [L 1990, c 139, pt of §1; am L 1991, c 88, §1; am L 2012, c 126, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-36 Articles not intended for human food.

§159-36 Articles not intended for human food.
Inspection is not provided under this chapter at any establishment for the slaughter of cattle, sheep, swine, goats, horses, mules, or other equines, or the preparation of any carcasses or parts or products of animals, which are not intended for use as human food. All meat or meat products, prior to their offer for sale or transportation in intrastate commerce, unless naturally inedible by humans, shall be denatured or otherwise identified as prescribed by the board to deter their use for human food. No person shall buy, sell, transport, or offer for sale or transportation, or receive for transportation, in intrastate commerce, any carcasses, parts thereof, or meat or meat products of any animals, which are not intended for use as human food unless they are denatured or otherwise identified as required by the rules adopted by the board or are naturally inedible by humans. [L 1969, c 214, pt of §1; am L 1990, c 139, §8; am L 1991, c 88, §1; am L 1993, c 248, §4]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-37 Records; subject to examination.

§159-37 Records; subject to examination.
(a) For the enforcement of this chapter, the following classes of persons shall keep records as the board may prescribe and all persons subject to the requirements shall, at all reasonable times, upon notice by a duly authorized representative of the board, afford the representative or any duly authorized representative of the Secretary of Agriculture access to their places of business and opportunity to examine the facilities, inventory, and records thereof, to copy all of those records, and to take reasonable samples of their inventory upon payment of the fair market value therefor:
(1) Any person who engages, in or for intrastate commerce, in the business of slaughtering any cattle, sheep, swine, goats, horses, mules, or other equines, or preparing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any animals, for use as human food or animal food.
(2) Any person who engages in the business of buying or selling as meat broker, wholesaler or otherwise, or transporting in intrastate commerce, or storing in or for commerce, any carcasses, or parts or products of carcasses, of any animals.
(3) Any person who engages in business, in or for intrastate commerce, as a renderer, or engages in the business of buying, selling, or transporting, in commerce, any dead, dying, disabled, or diseased cattle, sheep, swine, goats, horses, mules, or other equines, or parts of the carcasses of the animals that died otherwise than by slaughter.
(4) Any person who engages in the business of custom slaughtering or preparing any cattle, sheep, swine, goats, horses, or other equines for use as human food or animal food.
(b) Any record required to be maintained by this section shall be maintained for the period of time as the board may prescribe. [L 1969, c 214, pt of §1; am L 1990, c 139, §9; am L 1991, c 88, §1; am L 1993, c 248, §5]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-38 Registration.

§159-38 Registration.
No person shall engage in business, in or for intrastate commerce, (1) as a meat broker, renderer, or animal food manufacturer, or (2) as a wholesaler of any carcasses, or parts or products of the carcasses, of any cattle, sheep, swine, goats, horses, mules, or other equines, whether intended for human food or other purposes, or (3) as a public warehouse worker storing any meat or meat products in or for commerce, or (4) in buying, selling, or transporting any dead, dying, disabled, or diseased animals of the specified kinds, or parts of the carcasses of any animal that died otherwise than by slaughter, unless the person has registered with the board the person's name, and the address of each place of business at which, and all trade names under which, the person conducts such business. [L 1969, c 214, pt of §1; gen ch 1985, 1993]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-39 Dead, dying, disabled, or diseased animals.

§159-39 Dead, dying, disabled, or diseased animals.
No person engaged in the business of buying, selling, or transporting in intrastate commerce, dead, dying, disabled, or diseased animals, or any parts of the carcasses of any animals that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation, in commerce, any dead, dying, disabled, or diseased cattle, sheep, swine, goats, horses, mules, or other equines, or parts of the carcasses of any such animals that died otherwise than by slaughter, unless the transaction or transportation is made in accordance with the rules that the board may adopt to assure that the animals, or the parts or products thereof, will be prevented from being used for human food purposes. [L 1969, c 214, pt of §1; am L 1990, c 139, §10; am L 1991, c 88, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-46 Inspection; overtime compensation.

§159-46 Inspection; overtime compensation.
All animals slaughtered by any slaughterhouse duly licensed under this part shall be inspected by an inspector duly authorized by the department, both before and after slaughtering, and no animal shall be slaughtered, or after slaughter be sold, transported, offered for sale or transportation, or received for transportation in commerce unless the slaughtering thereof or the use thereof in commerce, after slaughtering, is approved by an inspector.
The management of any processing establishment, slaughterhouse, or the owner of any animal to be slaughtered requiring the services of an inspector in excess of eight consecutive hours on any workday, or in excess of forty hours in any workweek, or on legal holidays, shall pay to the department for overtime inspection services, the current state overtime rate for each hour of work performed by the inspector.
The department shall pay the inspector for all overtime inspection services performed; provided that the party requesting or requiring the overtime inspection services shall sufficiently in advance of the overtime period arrange with the department for the services. [L 1969, c 214, pt of §1; am L 1990, c 139, §11; am L 1991, c 88, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-48 Refusal and withdrawal of inspection.

§159-48 Refusal and withdrawal of inspection.
The board, for the period, or indefinitely, as it deems necessary to effectuate the purposes of this chapter, may refuse to provide, or withdraw, inspection service under this chapter with respect to any establishment if it determines, after opportunity for a hearing is accorded to the applicant for or a recipient of the service, that the applicant or recipient is unfit to engage in any business requiring inspection under this chapter because the applicant or recipient, or anyone responsibly connected with the applicant or recipient, has been convicted, in any federal or state court, of (1) any felony, or (2) more than one violation of any law, based upon the acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food. This section shall not affect, in any way, the other provisions of this chapter for withdrawal of inspection services from establishments failing to maintain sanitary conditions or to destroy condemned carcasses, parts thereof, or meat or meat products.
For the purpose of this section a person shall be deemed to be responsibly connected with the business if the person was a partner, officer, director, holder, or owner of ten per cent or more of its voting stock or an employee in a managerial or executive capacity. The determination and order of the board with respect thereto under this section shall be final and conclusive unless the affected applicant for, or recipient of, inspection service files application for judicial review within thirty days after the effective date of such order in the appropriate court as provided in part VII. Judicial review of any such order shall be upon the record upon which the determination and order are based. [L 1969, c 214, pt of §1; gen ch 1985; am L 1990, c 139, §12; am L 1991, c 88, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-51 Interstate and federal compacts.

§159-51 Interstate and federal compacts.
(a) The board is hereby designated as the state agency which is responsible for cooperating with the Secretary of Agriculture under section 301 of the Federal Meat Inspection Act, and the board is directed to cooperate with the Secretary of Agriculture in administering the meat inspection program of this State under this chapter to assure that its requirements remain at least equal to those imposed under the Federal Meat Inspection Act and in administering the program of this State under this chapter in a manner that will effectuate the purposes of this chapter, the Federal Meat Inspection Act, and rules and regulations adopted thereunder.
(b) In cooperative efforts, the board may accept from the Secretary of Agriculture advisory assistance in administering the state program, technical and laboratory assistance and training, including necessary curricular and instructional materials and equipment, and financial and other aid for administration of the program.
(c) The board may recommend to the Secretary of Agriculture, the officials or employees of this State as the board shall designate for appointment to the advisory committees provided for in section 301 of the Federal Meat Inspection Act; and the board shall serve as the representative of the governor for consultation with the Secretary of Agriculture under paragraph (c) of section 301 of the Federal Meat Inspection Act unless the governor shall select another representative. [L 1969, c 214, pt of §1; am L 1990, c 139, §13; am L 1991, c 88, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-53 Construction.

§159-53 Construction.
The licenses required by this chapter shall be in addition to any other licenses required by law.
The requirements of this chapter shall apply to persons, establishments, animals, and meat or meat products regulated under the Federal Meat Inspection Act only to the extent provided for in section 408 of the Federal Meat Inspection Act.
The operation and effect of this chapter conferring a general power shall not be impaired or qualified by the granting of a specific power or powers. Each provision of this chapter is intended to be construed liberally in light of the declaration set forth in section 159-2.
If any of the foregoing provisions are in conflict with any existing statute, ordinance or regulation, the provisions of this chapter shall take precedence. [L 1969, c 214, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-54 Enforcement.

§159-54 Enforcement.
(a) Inspectors shall enforce this chapter and related rules adopted by the department.
(b) Inspectors shall be provided with suitable badges or insignia of office by the department, and shall have power to detain or impound meat or meat product that is in violation of this chapter. The division head of the division of animal industry of the department or the division head's designees shall have the power to serve and execute warrants in all matters relating to the meat inspection laws and to issue a citation for any violation of this chapter or related rules. [L 1986, c 206, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-55 Citation and summons.

§159-55 Citation and summons.
(a) There shall be printed a form of citation and summons for use in citing violators warning the person to appear and answer the charge against the person at a certain place and at a time within seven days after the citation. The citation and summons shall be so designed to include all necessary information to make it valid and legal within the laws and rules of the State. The form and contents of the citation and summons shall be adopted or prescribed by the district courts.
(b) In every case when a citation and summons is issued, the original of the same shall be given to the accused; provided that the district courts may prescribe the issuance to the accused of a carbon copy of the citation and summons and provide for the disposition of the original and any other copies.
(c) Every citation and summons shall be consecutively numbered and each carbon copy shall bear the number of its original. [L 1986, c 206, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-56 Administration of oath.

§159-56 Administration of oath.
When a complaint is made to any prosecuting officer of the violation of this chapter or the rules adopted pursuant thereto, the division head or the division head's designee who issued the citation and summons shall subscribe to the complaint under oath. [L 1986, c 206, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 159. Hawaii Meat Inspection Act › 159-57 Failure to obey summons.

§159-57 Failure to obey summons.
(a) Any person who fails to appear at the place and time specified in the citation and summons issued to that person by the division head or the division head's designee upon the person's citation for violation of the meat inspection laws or rules shall be guilty of a misdemeanor and, upon conviction, fined not more than $500 or imprisoned not more than six months, or both.
(b) If any person fails to comply with a citation and summons issued to that person, the division head or the division head's designee shall cause a complaint to be entered against the person and secure the issuance of a warrant for that person's arrest.
(c) When a complaint is made to any prosecuting officer of the violation of any provision of this chapter or any rule adopted thereunder, the division head or the division head's designee who issued the complaint and summons shall subscribe to it under oath. [L 1986, c 206, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 161. Poultry Inspection › 161-6 Division of animal industry.

§161-6 Division of animal industry.
The division of animal industry of the department of agriculture shall administer this chapter subject to the supervision of the board. The board may delegate any of its powers under this chapter, except the power to make rules and regulations, or may direct any of its duties to be performed by any appropriate agents, officers, or employees of the board.
The board may employ on a full or part-time basis veterinarians and poultry inspectors, subject to chapter 76, to carry out a uniform inspection system of poultry or poultry products throughout the State. All poultry inspectors shall be under the supervision and control of a veterinarian employed by the board. [L 1969, c 212, §4; am L 2000, c 253, §150]