reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-23 Investigations; power to subpoena.

§486-23 Investigations; power to subpoena.
The administrator shall investigate complaints deemed appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of this chapter and to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions. In the course of any investigation, the administrator is empowered to subpoena witnesses, examine them under oath, and require the production of books, papers, documents, records, or objects which the administrator deems relevant or material to the inquiry. Upon application by the administrator, compliance with the subpoena may be enforced by the circuit court in the county where the person subpoenaed resides or is found in the same manner as a subpoena issued by the clerk of a circuit court. In addition, the administrator may conduct hearings in aid of any investigation or inquiry. [L 1988, c 156, pt of §3; am L 1991, c 153, §13]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-24 Stop-use, stop-sale, hold, and removal orders.

§486-24 Stop-use, stop-sale, hold, and removal orders.
The administrator may issue citations and, incident thereto, stop-use, hold, and removal orders with respect to measures and measurement standards being, or susceptible of being, unlawfully used; and issue citations and, incident thereto, stop-sale, hold and removal orders with respect to packages or consumer commodities kept, offered, or exposed for sale, sold, or in process of delivery, whenever in the course of the administrator's enforcement of the law the administrator determines that such measure or measurement standard or packages or consumer commodities do not comply with this chapter or the rules adopted thereunder, and no person shall use, sell, remove, or move from the premises, as specified, any measure, measurement standard, package, or amount of commodity contrary to the terms of a stop-use, stop-sale, hold, or removal order issued under this section. [L 1988, c 156, pt of §3; am L 1991, c 153, §14]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-29 Hindering or obstructing an officer or inspector; bribery; penalties.

§486-29 Hindering or obstructing an officer or inspector; bribery; penalties.
Any person who shall hinder or obstruct in any way an inspector or any other officer or employee of this State in the performance of the inspector's, officer's, or employee's official duties prescribed by this chapter or any rule adopted under this chapter, shall be guilty of a misdemeanor.
Any person who shall give, pay, or offer, directly or indirectly, to any inspector or any other officer or employee of this State authorized to perform any of the duties prescribed by this chapter or any rule or order adopted or issued pursuant to this chapter, 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 herein provided for, shall be guilty of a misdemeanor.
Any inspector or other officer or employee of the State authorized to perform any of the duties prescribed by this chapter or any rule adopted under it who shall accept any money, gift, or other thing of value from any person, given with intent to influence the inspector's, officer's, or employee's official action, shall be summarily discharged from the inspector's, officer's, or employee's employment and shall be guilty of a misdemeanor. [L 1988, c 156, pt of §3; am L 1991, c 153, §15]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-30 Forgery; penalties.

§486-30 Forgery; penalties.
Any person who shall forge any official device, seal, or mark, shall be guilty of a misdemeanor. [L 1988, c 156, pt of §3; am L 1991, c 153, §16]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-31 Enforcement; citation and notice to appear; penalty; right of entry and inspection; stopping vehicles.

§486-31 Enforcement; citation and notice to appear; penalty; right of entry and inspection; stopping vehicles.
Any authorized inspector or other authorized measurement standards personnel may, upon arresting any person for violation of this chapter, including rules adopted thereunder, take the name, address, and any other pertinent information of the person and issue the person a citation and notice to appear, printed in the form hereinafter described, and answer to the charge against the person at a certain place and at a time as prescribed by the district courts.
There shall be a form of citation and notice to appear for use in citing violators of this chapter and the rules adopted thereunder by the board, which does not mandate the taking into custody of such violators. The form and contents of the citation and notice to appear shall be as adopted or prescribed by the district courts.
In every case when a citation and notice to appear is issued, it shall be consistent with the provisions established by the district courts. Every citation and notice to appear shall be consecutively numbered and each carbon copy shall bear the number of its respective original.
Any person who fails to appear at the place and within the time specified in the citation and notice to appear shall be guilty of a violation as provided in the penal code.
Any authorized inspector may cite and, incident to such citation, seize, without formal warrant, incorrect or unsealed measures, measurement standards, or amounts or packages of commodity found to be used, retained, offered, or exposed for sale or sold in violation of law.
Any authorized inspector may stop any vehicle subject to this chapter where probable cause exists and require the driver to move the vehicle to a designated place for inspection.
Any authorized inspector may enter and go into or upon at any reasonable time, without formal warrant, after having made a reasonable attempt to identify the inspector in accordance with the law, any structure, premises, or any other place where commercial transactions or articles subject to this chapter are being conducted or are located, provided that, when competent authority objects to the entry, a warrant shall be obtained prior to entry.
When a complaint is made to any prosecuting officer of the violation of any of the parts of this chapter and the arrest or prosecution of the violator is sought, the arresting officer or employee who issued the citation and notice to appear shall subscribe to it under oath administered by an official, whose name has been submitted to the prosecuting officer and who has been designated by the administrator to administer oaths and, upon probable cause, the court may issue a warrant for the violator. [L 1988, c 156, pt of §3; am L 1991, c 153, §17]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-32 Offenses and penalties.

§486-32
Offenses and penalties.
(a) Criminal. Any person who performs any one of the acts enumerated in this subsection shall be guilty of a misdemeanor:
(1) Use or have in possession a device or measure or measurement standard which has been altered to facilitate fraud;
(2) Counterfeit, or remove from any measure or measurement standard, any tag, seal, or mark placed thereon by the appropriate authority; or
(3) Manipulate in any manner the representation of the quantity of any commodity, thing, or service furnished, delivered, or provided to the unjust enrichment of the person.
(b) Civil. Any person who performs any one of the acts enumerated in this subsection shall be fined not more than $2,000 for each separate offense:
(1) Use, or have in possession for use in commerce an incorrect device, measure, or measurement standard;
(2) Dispose of any rejected or condemned measure or measurement standard in a manner contrary to law or rule;
(3) Sell, or offer or expose for sale, less than the quantity the person represents of any commodity, thing, or service;
(4) Keep for the purpose of sale, advertise, or offer or expose for sale, or sell any commodity, thing, or service in a condition or manner contrary to law or rule;
(5) Fail to submit a weighing or measuring device for inspection and testing at a time and place specified by the administrator; or
(6) Violate any provision of this chapter or any rules adopted under it for which a specific penalty has not been prescribed. [L 1988, c 156, pt of §3; am L 1991, c 153, §18; am L 1993, c 54, §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-33 Injunction.

§486-33 Injunction.
In addition to any other remedy by law provided, the chairperson may apply to any court of competent jurisdiction for, and the court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating any provision of the respective parts of this chapter or the rules promulgated thereunder. [L 1988, c 156, pt of §3; gen ch 1992]
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-34 Presumptive evidence.

§486-34 Presumptive evidence.
For the purposes of the effective enforcement of the respective parts of this chapter, proof of the existence of a measure or measurement standard in or about any building, enclosure, stand, or vehicle in which or from which it is shown that buying or selling is commonly carried on, shall, in the absence of conclusive evidence to the contrary, be "presumptive proof of the susceptibility of commercial use" of such measure or measurement standard. [L 1988, c 156, pt of §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-37 Rules; severability and continuation.

§486-37 Rules; severability and continuation.
(a) If any provision of the rules adopted under this chapter is declared invalid, or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of the rules and the applicability thereof to other persons and circumstances shall not be affected thereby.
(b) Except as specifically excepted, all rules currently in effect, as they relate to this chapter, shall remain in effect until they are updated, amended, or repealed. [L 1991, c 153, §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-50 Definitions.

Note
Part heading amended by L 1991, c 153, §19.
Cross References
Petroleum industry information reporting act, see chapter 486J.
§486-50 Definitions.
As used in this part, unless the context otherwise requires:
"Cubic foot" means that amount of liquefied petroleum product, vapor, or natural gas vapor, or synthetic natural gas vapor, or any blend of the above, which will occupy 1728 cubic inches when its temperature is sixty degrees Fahrenheit at a pressure of 760 mm of Hg (mercury). The density of the Hg shall be 13.5951 grams per cubic centimeter per second, per second.
"Petroleum product" includes automotive gasoline, diesel fuels, fuel oils, liquefied petroleum gas both liquid and vapor, residuals, distillates and fractions, kerosene, aviation fuels, turbine fuels, solvent, hydro-carbons or synthetics, crude oil, lubricating oil, or any other oil or distillate or blends of the above or any other product or byproduct normally considered a petroleum product, and synthetic natural gas or natural gas and manufactured gas or blends thereof.
"U.S. petroleum gallon" means that amount of petroleum product which occupies 231 cubic inches exactly when its temperature is sixty degrees Fahrenheit, or the expanded or contracted equivalent thereto at any other temperature. [L 1988, c 156, pt of §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-51 Applicability.

§486-51 Applicability.
(a) Petroleum products accounting and the measurement requirements herein shall apply to the blending, charging, dealing, dispensing, distributing, exchanging, exporting, handling, importing, labeling, loading, manufacturing, marketing, measuring, packaging, piping, processing, reprocessing, producing, refining, or re-refining, retailing, selling, transporting, taxing, or wholesaling, or to any of the variant forms of the above or to the person, equipment, measurements, and calculations incident to such actions or activities involving petroleum products.
(b) Petroleum products inspection shall apply to all petroleum products kept, offered, or exposed for sales. [L 1988, c 156, pt of §3; am L 1991, c 153, §20]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-52 Measurement standard; exemptions.

§486-52 Measurement standard; exemptions.
(a) Any petroleum product that is in a liquid state under conditions of seven hundred sixty millimeters of Hg at sixty degrees Fahrenheit shall be measured in terms of the U.S. petroleum gallon, its multiple or decimal submultiples, or compatible units of the SI as established by rule of the board.
(b) Any petroleum product that is in a vapor state under conditions of 258.575 millimeters or less of Hg at sixty degrees Fahrenheit shall be measured in terms of cubic feet or in terms of a U.S. petroleum gallon, their multiples or decimal submultiples, or compatible units of the SI as established by rule of the board.
(c) Any device required to automatically compensate for temperature shall only apply to metered sales of liquid petroleum products that have a rated capacity of two hundred gallons per minute or more; provided that whenever a partial compartment or partial tank truck load is delivered, it shall be delivered through a meter that meets the requirements specified in rules adopted by the department.
(d) Any hydrogen fuel product shall be exempt from this section.
(e) For the purposes of this section, "hydrogen fuel" means hydrogen with a fuel index of ninety-nine per cent or higher in vapor or liquid state to be used as fuel. [L 1988, c 156, pt of §3; am L 1995, c 146, §2; am L 2021, c 135, §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-52.5 Price posting by gallon required.

§486-52.5 Price posting by gallon required.
The director shall adopt rules to require any retail dispenser of gasoline, whose variator price is set in liters, for every grade of gasoline sold, to post on top or on the face panel of each gasoline pump and on any other pricing advertisement in conspicuous numbers comparable in size to any other posted price, the price per United States gallon for the gasoline dispensed. If the variator price is set in gallons, no liter price posting or advertisement shall be required. Nothing in this section shall be deemed to require that gasoline be sold by the gallon. [L 1988, c 388, §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-53 Violations; penalties.

§486-53 Violations; penalties.
Any person who commits any of the prohibited acts or omits any of the prescribed acts, herein required or required in any rule adopted by the board shall be subject to the penalties provided in section 486-32. Each day that a violation exists, or is continued, or continues to exist, shall be construed as a separate punishable offense. [L 1988, c 156, pt of §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-54 Investigations.

§486-54 Investigations.
The administrator may, upon the administrator's initiative, investigate suspected violations of this part and shall investigate each complaint registered under this part. The administrator may resort to suitable warnings rather than prosecution for minor offenses or those offenses which have been discontinued should the administrator so elect. [L 1988, c 156, pt of §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-55 General duties and powers.

§486-55 General duties and powers.
The board may:
(1) Enforce and administer this part by inspections, analyses, and other appropriate actions;
(2) Have access during normal business hours to all places where petroleum products are marketed or being held for the purpose of examination, inspection, taking of samples, and investigation. If such access is refused by the owner or agent or other persons leasing the same, the board or its agent may obtain a search warrant from a court of competent jurisdiction;
(3) Collect, or cause to be collected, samples of petroleum products marketed or being held in this State, and cause such samples to be tested or analyzed for compliance with this part; and
(4) Issue a stop-sale order for any petroleum product found not to be in compliance and remand said stop-sale order if the petroleum product is brought into full compliance with this part. [L 1991, c 153, §4]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-56 Adoption of standards and rules.

§486-56 Adoption of standards and rules.
The standards as published by ASTM International and SAE International are adopted except as amended or modified by rule of the board pursuant to chapter 91. The board may also adopt rules on the advertising, labeling, standards for, handling, storing, dispensing, and selling of petroleum products. Notwithstanding the foregoing, rules adopted by the board referring to ASTM D4814, relating to standard specification for automotive spark-ignition engine fuel, shall be deemed to refer to version ASTM D4814-13b adopted in 2013, as modified by the National Institute of Standards and Technology Handbook 130, part IV, subpart G, section 2.1 adopted in 2013. [L 1991, c 153, §5; am L 2014, c 64, §1; am L 2022, c 109, §12]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-71 Definitions.

§486-71 Definitions.
For the purposes of this part:
"Odometer" is an analog or digital measuring device that reflects distance traveled.
"Passenger car" means a vehicle with self-contained motive power and seating capacity for up to twelve passengers (excluding the driver), not exceeding 16,000 pounds gross vehicle weight. [L 1988, c 156, pt of §3; am L 1991, c 153, §22]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-75 Properly functioning odometer required.

§486-75 Properly functioning odometer required.
No person shall introduce in the State for any purpose whatever, nor operate within the State for any purpose whatever, a passenger car unless it has installed a properly functioning and correctly calibrated odometer. [L 1988, c 156, pt of §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-77 Odometers; prohibitions; exemptions.

§486-77 Odometers; prohibitions; exemptions.
(a) It shall be unlawful to:
(1) Tamper with an odometer, installed in a passenger car, for any purpose. This paragraph shall not be construed to preclude legitimate repair, replacement, or adjustment of an odometer, provided that the administrator may require documentation of such repair, replacement, or adjustment;
(2) Advertise for sale, or sell, rent, lease, or export any passenger car, the odometer of which has been tampered with in such a fashion or manner as to mislead the prospective buyer to believe that the passenger car traveled a lesser distance than it actually has traveled;
(3) Operate a passenger car on any street or highway, knowing that the odometer of the passenger car is disconnected or nonfunctional;
(4) Disconnect, turn back, advance, or reset the odometer of any passenger car with intent to alter the distance indicated on the odometer; or
(5) Misrepresent the true distance traveled by any passenger car subject to this part, so as to mislead a prospective buyer.
(b) This section shall not preclude the installation, maintenance, repair, or replacement of odometers when such action is necessary to cause compliance with this part. Any such action, however, shall expressly be noted on the certificate of ownership and called to the attention of a prospective buyer, in writing. [L 1988, c 156, pt of §3; am L 2008, c 19, §53]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-78 Authority to inspect.

§486-78 Authority to inspect.
The administrator may upon the administrator's own initiative or upon complaint, after properly identifying or making a legitimate effort to identify oneself, enter upon any public or private property, in accordance with law, where odometers may reasonably be stored, held, sold, repaired, altered, manipulated, or otherwise influenced so as to display any digital or analog representation, factual or otherwise, to determine if any actions relating to odometers are being conducted contrary to law. [L 1988, c 156, pt of §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-79 Citation and notice to appear.

§486-79 Citation and notice to appear.
The administrator may issue to any person violating this part, a citation and notice to appear, at a given time and place, to answer to charges against the person.
The form, contents, copy designation and disposition, and appearance dates of such citation and notice to appear shall be prescribed by the district courts. When a complaint of the violation of this part, including any rules adopted thereunder, is made to any prosecuting officer, the arresting officer or employee who issued the citation and notice to appear shall subscribe to it under oath administered by another official or officials of the department, whose name has been submitted to the prosecuting officer and who has been designated by the administrator to administer the same. [L 1988, c 156, pt of §3; am L 2008, c 19, §54]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-80 Impoundment of evidence.

§486-80 Impoundment of evidence.
The administrator may, for a period not to exceed ninety-six hours, impound as evidence any passenger car in which an inaccurate or incorrect or inoperable odometer system is installed or exists. Such period may be extended by order of the court. [L 1988, c 156, pt of §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-81 Confiscation of evidence.

§486-81 Confiscation of evidence.
The administrator or any authorized inspector may confiscate as evidence any tools designed to change, manipulate, or otherwise alter the display of an odometer, when the inspector has reason to believe that such tools may be used in an illicit manner or by persons other than licensed dealers, or licensed repair agencies, or by persons gainfully employed by such agencies or dealers. [L 1988, c 156, pt of §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-82 Nonscheduled inspection, permissible.

§486-82 Nonscheduled inspection, permissible.
Any authorized inspector may, where probable cause exists, require the driver or custodian of a passenger car to move the passenger car to a designated place for inspection of the car or its odometer system. [L 1988, c 156, pt of §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-83 Scheduled inspection.

§486-83 Scheduled inspection.
The administrator or any authorized inspector may schedule odometer system inspection for passenger cars at a designated time and place. Failure to move or present the passenger cars as directed or scheduled shall be a violation of this part. [L 1988, c 156, pt of §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-84 Civil action.

§486-84 Civil action.
(a) Any person who violates any requirement imposed under this part shall be liable to the buyer, in an amount equal to the sum of:
(1) Three times the amount of actual damages sustained or $1,500, whichever is greater; and
(2) In the case of any successful action to enforce the foregoing liability, the costs of the action, together with reasonable attorney fees as determined by the court.
(b) An action to enforce any liability created under subsection (a) of this section must be brought in a court of competent jurisdiction without regard to the amount in controversy, within two years from the date on which the liability occurred. [L 1988, c 156, pt of §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-87 Penalties.

§486-87 Penalties.
Any person guilty of committing any of the prohibited acts or omitting any of the required acts of this part shall be guilty of a misdemeanor. [L 1988, c 156, pt of §3; am L 1993, c 54, §4]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-101 Definitions.

§486-101 Definitions.
As used in this part, unless the context otherwise requires:
"Net weight" means:
(1) As applied to commodities, the weight of a commodity excluding any materials, substances, or items not considered to be part of the commodity. Materials, substances, or items not considered to be part of the commodity include, but are not limited to, containers, conveyances, bags, wrappers, packaging materials, labels, individual piece covering, decorative accompaniments, and coupons.
(2) As applied to services, materials considered to be part of a service may or may not include packaging materials, depending upon the type of service that is being purchased. It shall in no instance include the weight of the conveyance used to transport goods if the service is transportation of goods.
"Sale from bulk" means sale of commodities or services when the quantity is determined at the time of sale.
"Weight", as used in connection with any commodity or service, means net weight; when a commodity is sold by drained weight, the term means net drained weight. [L 1991, c 153, pt of §6; am L 1993, c 54, §5]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-102 Systems of measurement.

§486-102 Systems of measurement.
The United States customary system of weights and measures and the metric system of measurement are jointly recognized, and either one or both shall be used for all measurement purposes in the State. The definitions of basic units of measure, the tables of measure and measure equivalents, the specifications, tolerances and other technical requirements for measuring devices, as published by the National Institute of Standards and Technology and adopted, or modified and adopted by the board, together with the measurement standards provided for herein, are recognized and shall govern measurement standards, measuring equipment and measuring transactions in the State. [L 1991, c 153, pt of §6]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-103 State measurement standards.

§486-103 State measurement standards.
The state measurement standard artifacts shall be in conformity with the measurement standards of the United States. As applicable, they shall have been calibrated for such use by the National Institute of Standards and Technology or other appropriate agency and shall be maintained in such calibration as is prescribed by that bureau or agency by the laboratory of the state measurement standards branch. They shall not be removed from that laboratory except upon request of the National Institute of Standards and Technology or other appropriate agency for calibration audit, provided that they may be relocated for the convenience of the State by directive of the governor. [L 1991, c 153, pt of §6; am L 1998, c 192, §5]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-104 Secondary standards and equipment.

§486-104
Secondary standards and equipment.
The State shall supply secondary standards and other equipment as is necessary to carry out the provisions of this chapter. These standards shall be verified upon their initial receipt and at least once a year thereafter by comparison with:
(1) The state standards; or
(2) Upon written authorization of the administrator, suitable standards of another laboratory that is recognized or accredited by the National Institute of Standards and Technology as capable of providing traceable measurements at the level of accuracy and precision necessary to verify the secondary standards and equipment. [L 1991, c 153, pt of §6; am L 2001, c 31, §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-105 General testing.

§486-105 General testing.
(a) Unless otherwise provided by law, the department, through the measurement standards branch, shall inspect and test, to ascertain if they are correct, all measurement standards and measuring devices kept, offered, or exposed for sale, sold or in use in the State. The department may, as often as it deems necessary, inspect and test, to ascertain if they are correct, all measurement standards and measuring devices used in:
(1) Determining the measurement of commodities or things sold, or offered or exposed for sale, on the basis of measure;
(2) Computing the basic charge or payment, including taxes, for services rendered on the basis of measure; and
(3) Determining measurement when a charge is made for such determination, including the payment of any associated tax.
Provided that in compliance with a rule of the board, tests may be made on representative samples of the commodities, things, or devices, and the lots of which samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on the samples. And, provided that with respect to single-service devices designed to be used only once and to be then discarded or with respect to devices uniformly mass-produced, as by means of a mold or die, and not susceptible of individual adjustment, the inspection and testing requirements of this section will be satisfied when inspections and tests are made on representative samples of the devices, and the lots of which samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests of the samples.
(b) The department may adopt rules:
(1) To authorize the licensing of service agencies to conduct routine tests of measurement standards and measuring devices;
(2) To establish the process for licensing, including license fees and suspension or revocation of licenses;
(3) To establish the frequency of testing for various measurement standards and measuring devices;
(4) To establish recordkeeping and reporting requirements for licensed service agencies;
(5) To establish procedures whereby licensed service agencies may seal or mark measurement standards or measuring devices as "correct" or "rejected" under section 486-108;
(6) To establish procedures for evaluating the performance of licensed service agencies in testing measurement standards and measuring devices; and
(7) To establish penalties for violations of this chapter or rules adopted under this subsection. [L 1991, c 153, pt of §6; am L 1998, c 192, §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-106 Testing at state-supported institutions.

§486-106 Testing at state-supported institutions.
The department, through the measurement standards branch, shall from time to time test all measures used in establishing or verifying any other measurement, including any measure or measurement standard used in checking the receipt or disbursement of supplies in every institution for the maintenance of which moneys are appropriated by the legislature, reporting its findings, in writing, to the supervisory board and to the executive officer of the institution concerned. [L 1991, c 153, pt of §6; am L 1998, c 192, §5]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-107 Type evaluation; requirements; certificate of conformance.

§486-107 Type evaluation; requirements; certificate of conformance.
Any weight or measure, or any weighing or measuring instrument or device, shall have a certificate of conformance indicating that it has passed a national type evaluation by a participating laboratory, prior to being introduced for use for commercial or law enforcement purposes in the State. [L 1991, c 153, pt of §6]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-108 Use; disposition of correct or incorrect apparatus.

§486-108 Use; disposition of correct or incorrect apparatus.
The department, through the measurement standards branch, shall seal or mark with appropriate devices, such measures and measurement standards as it finds, upon inspection and test, to be "correct" as defined in this chapter. The department, through the measurement standards branch, shall reject and mark or tag as "rejected" such measures and measurement standards as it finds, upon inspection and test, to be in noncompliance provided that sealing or marking shall not be required with respect to such measures and measurement standards as may be exempted therefrom by a rule of the board adopted under section 486-7. Measures and measurement standards that have been rejected may be confiscated and may be destroyed by the department, through the measurement standards branch, if not corrected as required by section 486-109, or if used or disposed of contrary to the requirements of section 486-109. In carrying out this section, the department, through the measurement standards branch, may use such terms as "rejected", "accepted", "incorrect", "inaccurate", "accurate", "tested", "approved", "certified", or terms of similar import on marks or tags or certificates, as necessary, to convey to all interested parties the condition or state of the device or apparatus. Any such mark or tag shall be subject to section 486-7 and its unauthorized application or removal shall be a violation of this chapter. [L 1991, c 153, pt of §6; am L 1998, c 192, §5]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-109 Duties of owners or custodians of measuring apparatus.

§486-109 Duties of owners or custodians of measuring apparatus.
Measures and measurement standards shall be subject to the control of the department, through the measurement standards branch, until such time as they receive a certificate of conformance. Measures or measurement standards that have been initially type evaluated and approved, and subsequently found to be incorrect as defined in this chapter shall remain subject to the control of the department, through the measurement standards branch, until such time as suitable repairs shall have been made, and the measure or measurement standard is found to be correct as defined in this chapter, or such devices may be destroyed. The owners of the unapproved or rejected measures or measurement standards shall cause the same to be type evaluated and approved or made correct within thirty days or such longer period as may be authorized by the department, through the measurement standards branch; or, in lieu of this, may dispose of the same, but only in such manner as is specifically authorized by the department, through the measurement standards branch. Measures and measurement standards subject to this chapter that have not been type evaluated and approved or that have been rejected shall not be used until they have been officially type evaluated and approved or reexamined and found to be correct or until specific written permission for such use is issued by the department, through the measurement standards branch, or until the rejection tag has been removed by the department, through the measurement standards branch, and the rejected device or apparatus repaired or corrected and placed in service by a person duly registered to perform the acts under rules adopted by the board pursuant to section 486-7. [L 1991, c 153, pt of §6; am L 1998, c 192, §5]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-110 Method of sale of commodities; general.

§486-110 Method of sale of commodities; general.
Except as otherwise provided in this chapter, or by firmly established trade custom and practice, or exempted by a rule of the board:
(1) Commodities in liquid form shall be sold by liquid measure or weight; and
(2) Commodities not in liquid form shall be sold by weight, mass, volume, length, area, or by count;
provided that liquid commodities shall be sold by weight and commodities not in liquid form shall be sold by measures other than weight, when such methods give accurate information as to the quantity of commodity sold. All methods of sale shall provide accurate and adequate quantity information that permits the buyer to make price and quantity comparisons. The board may adopt such reasonable rules as may be necessary to assure that the measure of any commodity for sale reflects accurate information and fair measurement practices to all concerned. [L 1991, c 153, pt of §6]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-111 Packages; information required; variations; exemptions.

§486-111 Packages; information required; variations; exemptions.
Except as otherwise provided in this chapter, any package introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or offered or exposed for sale, shall bear on the outside of the package definite, plain, and conspicuous declarations of:
(1) The identity of the commodity in the package, unless the commodity can be identified easily through the wrapper or container;
(2) The net quantity of the contents in terms of measure; and
(3) In the case of any package kept, offered, or exposed for sale, or sold in any place other than on the premises where packed, the name and place of business of the manufacturer, packer, or distributor, as may be prescribed by rule of the board;
provided that, in connection with the declaration of net quantity, neither the qualifying term "when packed" or words of similar import, nor any term qualifying a unit of measure (for example, "jumbo", "giant", "full", and the like) that tends to exaggerate the amount of commodity in the package shall be used; and provided further that the board may, by rule, establish reasonable variations from the declared measure and exemptions pertaining to the required declarations. [L 1991, c 153, pt of §6; am L 1993, c 54, §6]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-112 Declarations of unit price on random packages.

§486-112 Declarations of unit price on random packages.
In addition to the declarations required by section 486-111, any package that is one of a lot containing random measure of the same commodity and that bears the total selling price of the package, shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of measure, as established by rule of the board. [L 1991, c 153, pt of §6; am L 1993, c 54, §7]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-113 Deceptive package.

§486-113 Deceptive package.
No commodity shall be so wrapped or labeled, nor shall it be in a container so made, formed, or filled as to mislead the purchaser as to the quantity of the contents of the commodity in the package, and the contents of a container shall not fall below such reasonable standard of fill as has been prescribed for the commodity by rule of the board.
For commodities measured by volume and packaged in containers standardized as to capacity or generally recognized by consumers as having a set capacity, the standard of fill shall be equal to that capacity, e.g., the volume of fill in the commonly designed one-gallon jug shall be one gallon. [L 1991, c 153, pt of §6; am L 1993, c 54, §8]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-114 Advertising packages for sale.

§486-114 Advertising packages for sale.
Whenever a package is advertised in any manner, excluding its labeling, and the retail price of the package is stated in the advertisement, there shall be closely and conspicuously associated with such statement of price a declaration of the basic quantity of contents of the package as is required by law or rule to appear on the package; provided that, where the law or rule requires a dual declaration of net quantity to appear on the package, only the declaration that sets forth the quantity in terms of the smaller unit of measure (the declaration that is required to appear first and without parentheses on the package) need appear in the advertisement; and provided further that there shall not be included as part of the declaration required under this section such qualifying terms as "when packed", "minimum", "not less than", or other terms of similar import, nor any term qualifying a unit of measure (for example, "jumbo", "giant", "full", and the like) that tends to exaggerate the amount of commodity in the package. [L 1991, c 153, pt of §6; am L 1993, c 54, §9]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-116 Misrepresentation of price.

§486-116 Misrepresentation of price.
Whenever any commodity or service is bought or sold, or is offered, exposed, or advertised for sale or purchase, by weight, measure, or count, the price shall not be misrepresented, nor presented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser or seller. The price of consumer commodities, when offered for sale at retail, shall be clearly displayed and shall reflect the retail price at which the public may, without special credentials or other requirements, purchase the commodities. The price displayed and the price actually charged the purchaser shall be identical unless a prior agreement has been reached between the buyer and the seller or the price charged is lower than the price displayed. Whenever an advertised, posted, or labeled price per unit of measure includes a fraction of a cent, all numerals expressing the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to and of the same general design and style as the whole numeral or numerals of the price per unit as established by rule of the board. [L 1991, c 153, pt of §6; am L 1993, c 54, §10; am L 1998, c 192, §4]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-117 Inspection of packages.

§486-117 Inspection of packages.
(a) The department, through the measurement standards branch, shall measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether they contain the amounts represented and whether they are kept, offered, or exposed for sale or sold in accordance with the law. When such packages or amounts of commodities are found not to contain the amount represented, or are found to be kept, offered, or exposed for sale in violation of law, the department, through the measurement standards branch, may order them off sale and may mark or tag them to show them to be illegal. The department, through the measurement standards branch, may employ recognized sampling procedures under which the compliance of a given lot of packages will be determined on the basis of the result obtained on a sample selected from the representative of the lot.
(b) No person shall:
(1) Sell, or keep, offer, or expose for sale any package unless the package is in full compliance with all legal requirements;
(2) Sell, or keep, offer, or expose for sale any package that has been ordered off sale or marked or tagged as provided in this section, and which package has subsequently been brought into legal compliance, unless and until written authorization for such action has been issued by the administrator; or
(3) Dispose of any package that has been ordered off sale or marked or tagged as provided in this chapter that has not been brought into full compliance with all legal requirements, until written authorization for such disposal has been issued by the administrator.
(c) Nothing in this section shall prohibit the administrator from authorizing the disposal of any package, when in the administrator's discretion the best interest of the public will be served by such disposal.
(d) The department, through the measurement standards branch, may seize and dispose of any package that has been ordered off sale for reasons of legal noncompliance when remedial action is not effected as required under the terms of the off sale order, as established by rule of the board. [L 1991, c 153, pt of §6; am L 1993, c 54, §11; am L 1998, c 192, §5]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-118 Misbranding.

§486-118 Misbranding.
(a) No person shall deliver for introduction, hold for introduction or introduce into the State; or keep, offer, or expose for sale; or sell any consumer commodity which is misrepresented or misbranded in any manner.
(b) The board, pursuant to section 486-7 and chapter 91, shall adopt rules relating to misbranding. The rules may:
(1) Require any person involved in the manufacture, processing, production, assembly, fabrication, or importation of a specified consumer commodity to keep and make available for inspection or copying by the administrator adequate records to substantiate the source of the consumer commodity, or in the case of blends, the source of such constituents, as may be required by the board;
(2) Establish fanciful names or terms, and in the case of blends, minimum constituent content by weight, to be used in labeling to differentiate a specific consumer commodity from an imitation or look-alike; and
(3) Establish requirements to reconcile the respective volumes of specific consumer commodities received versus the total amounts output, either as whole or processed product or as blends.
In addition, the board may adopt other rules as it deems necessary for the correct and informative labeling of consumer commodities. [L 1991, c 153, pt of §6]
Cross References
Trademarks, unlawful use, see chapter 482.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-118.5 Ni €›ihau shells; representing content.

§486-118.5 Ni €›ihau shells; representing content.
(a) For the purposes of this section, "Ni €›ihau shells" means seashells harvested from the island of Ni €›ihau, its waters, or its beaches.
(b) Except as provided herein, no person shall offer, display, expose for sale, or solicit for sale any product or jewelry item fabricated, processed, or manufactured with seashells, that is described, labeled, or identified using the term "Ni €˜ihau" or "Niihau", either alone or in conjunction with other words, or in a trade or brand name, unless:
(1) One hundred per cent of all shells in the product or jewelry item are Ni €›ihau shells; and
(2) The product or jewelry item is fabricated, processed, or manufactured entirely within this State.
(c) Any product or jewelry item that consists of at least eighty per cent Ni €›ihau shells, by count, and that meets the requirement of subsection (b)(2), may be described, labeled, or identified using the term "contains", followed immediately by the nearest whole number representing the percentage of Ni €›ihau shells, by count, contained in the product or jewelry item, followed by the term, "% Ni €›ihau shells" or "% Niihau shells". [L 2004, c 91, §1]