reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-119 Hawaii-made products; Hawaii-processed products.

§486-119 Hawaii-made products; Hawaii-processed products.
(a) No person shall keep, offer, display or expose for sale, or solicit for the sale of any item, product, souvenir, or any other merchandise that is labeled "made in Hawaii" or that by any other means misrepresents the origin of the item as being from any place within the State, or uses the phrase "made in Hawaii" as an advertising or media tool for any craft item that has not been manufactured, assembled, fabricated, or produced within the State and that has not had at least fifty-one per cent of its wholesale value added by manufacture, assembly, fabrication, or production within the State.
(b) Subsection (a) notwithstanding, no person shall keep, offer, display, expose for sale, or solicit the sale of any perishable consumer commodity that is labeled "made in Hawaii", "produced in Hawaii", or "processed in Hawaii" or that by any other means represents the origin of the perishable consumer commodity as being from any place within the State, or use the phrase "made in Hawaii", "produced in Hawaii", or "processed in Hawaii" as an advertising or media tool for any perishable consumer commodity, unless the perishable consumer commodity is wholly or partially manufactured, processed, or produced within the State from raw materials that originate from inside or outside the State and at least fifty-one per cent of the wholesale value of the perishable consumer commodity is added by manufacture, processing, or production within the State. [L 1991, c 153, pt of §6; am L 2009, c 80, §2]
Case Notes
Where plaintiff claimed that defendant, a snack food manufacturer, violated this section by misrepresenting through deceptive advertising and labeling that its Hawaiian brand snacks originated from Hawaii, the court found that plaintiff did not have a private cause of action under this section, and the absence of a provision authorizing a private right of action suggested that the legislature did not contemplate one. Rather, the express provisions of chapter 486 limit causes of action to the board of agriculture. 390 F. Supp. 3d 1231 (2019).
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-119.5 Acacia koa wood; representing content.

§486-119.5 Acacia koa wood; representing content.
In addition to all other label and branding requirements, no person shall offer, display, expose for sale, or solicit for the sale of any timber, lumber, wood, or wood product described or labeled using the term "koa", either alone or in conjunction with other words unless the item is Acacia koa. Nothing in this section shall prevent the use of the term "koa" to describe wood products which are in part made of Acacia koa and, in part, other materials provided that the extent to which Acacia koa is utilized in the wood product is not misrepresented. [L 2002, c 18, §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-120 "Island fresh" milk.

§486-120 "Island fresh" milk.
(a) No person shall keep, offer, display, expose for sale, or solicit for the sale of any processed milk or milk product which is labeled with the term "island fresh", or like terms, or which by any other means misrepresents the origin of the item as being from any place within the State unless the processed milk or milk product has been at least ninety per cent, by weight, produced in the State.
(b) It shall be unlawful for any person to sell or offer to sell to a consumer, or expose for sale to a consumer, any processed milk or milk product for human consumption which has been at least ninety per cent produced within the State, without providing notice to the consumer that the processed milk or milk product has been locally produced. The notice shall be made by displaying on a conspicuous area on the principal display panels of the carton or container a label or sign printed in bold face or other distinctive type stating that the product is "island fresh" or using another similar term.
(c) For the purpose of this section:
"Carton" or "container" means a package containing processed milk or milk products.
"Consumer" means any person who purchases processed milk or milk products.
"Processed milk or milk product" means processed fresh milk and fresh milk products. [L 1991, c 153, pt of §6]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-120.5 Macadamia nuts; labeling requirements.

§486-120.5 Macadamia nuts; labeling requirements.
(a) If a label on a consumer package contains language that all of the raw or processed macadamia nuts contained in the package were grown in Hawaii, the label shall be worded, "100% Hawaii-Grown Macadamia Nuts", "Hawaii-Grown Macadamia Nuts", "100% Hawaiian Macadamia Nuts", or "Hawaiian Macadamia Nuts", and shall appear on the principal display panel of the package.
(b) If a label on a consumer package contains language that a portion of the raw or processed macadamia nuts contained in the package was grown in Hawaii, the label shall be worded "Hawaii-Grown Macadamia Nuts", preceded by the per cent by weight of the macadamia nuts contained in the package that were grown in Hawaii, and shall appear on the principal display panel of the package. The per cent by weight of the macadamia nuts in the package shall be the percentage calculated by dividing the weight in pounds of the macadamia nuts grown in Hawaii that are in the package by the weight in pounds of all macadamia nuts in the package and multiplying the quotient by one hundred.
(c) All nonconsumer packages containing macadamia nuts grown in the State and introduced into intrastate or interstate commerce shall bear on the package a label containing language that the package contains Hawaii-grown macadamia nuts. This label shall be in addition to all other labeling requirements specified in this chapter.
(d) Any person keeping, offering, displaying, exposing for sale, or soliciting for sale, any raw or processed macadamia nut product, which represents or which is branded or labeled that all or a percentage or portion of the macadamia nuts were grown in Hawaii, shall make available to the administrator, upon demand, documented proof that the amount of macadamia nuts represented to be grown in the State, was grown in the State.
(e) It shall be a violation of this part:
(1) To use a label containing the words, "100% Hawaii-Grown Macadamia Nuts", "Hawaii-Grown Macadamia Nuts", "100% Hawaiian Macadamia Nuts", or "Hawaiian Macadamia Nuts", or similar wording, or to otherwise represent that all of the macadamia nuts in the package were grown in Hawaii, if any portion of the macadamia nuts contained in the package was not grown in the State;
(2) To use a label, as provided for under subsection (b), containing the words "Hawaii-Grown Macadamia Nuts" preceded by a percentage, if less than the specified percentage or none of the macadamia nuts in the package was grown in the State; or
(3) To use a label representing that any of the macadamia nuts contained in the package was grown in the State, if none of the macadamia nuts contained in the package was grown in the State.
(f) Any person who violates this section shall be subject to penalties under section 486-32. [L 1991, c 110, §1; am L 1999, c 82, §1; am L 2007, c 164, §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-121 Misrepresentation of quantity.

§486-121 Misrepresentation of quantity.
No person shall:
(1) Sell, offer, or expose for sale less than the quantity represented;
(2) Take any more than the quantity represented when the buyer furnishes the weight or measure by means of which the quantity is determined; or
(3) Represent the quantity in any manner calculated to mislead or in any way deceive another person. [L 1991, c 153, pt of §6; am L 1993, c 54, §12]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-122 Sale from bulk.

§486-122 Sale from bulk.
All bulk sales in which the buyer and seller are not both present to witness the measurement, all bulk deliveries of heating fuel, and all other bulk sales specified by rule of the board shall be accompanied by a delivery ticket containing the following information:
(1) The name and address of the buyer and seller;
(2) The date delivered;
(3) The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity, for example when temperature compensated sales are made;
(4) The unit price, unless otherwise agreed upon by both buyer and seller;
(5) The identity in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale; and
(6) The count of individually wrapped packages, if more than one. [L 1991, c 153, pt of §6; am L 1993, c 54, §13]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-131 Definitions.

§486-131 Definitions.
For the purposes of this part:
"Certificate of measure" includes a certificate of measure issued in compliance with this part, and shall be prima facie evidence of the accuracy of the amount shown.
"Public measuremaster" means any person who performs public weighing.
"Public weighing" means the weighing, measuring, or counting, upon request, of vehicles, property, produce, commodities, or articles other than those that the weigher or the weigher's employer, if any, is either buying or selling.
"Vehicle" means any device in, upon, or by which any property, produce, commodity, or article is or may be transported or drawn. [L 1991, c 153, pt of §7]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-132 Enforcement; rules.

§486-132 Enforcement; rules.
The board is authorized to enforce the provisions of this part and shall adopt reasonable rules for the implementation and enforcement of this part. These rules shall have the force and effect of law. The board may adopt rules that include, but are not limited to, the licensing of measuremasters; determining the qualifications of the applicant for a license as a public measuremaster; annual license fees; the granting, renewal, or refusal of a license; period of license validity; measurement practices that must be followed, including the measurement or recording of tare; the required information to be submitted with or as part of a certificate; and the period of record keeping. [L 1991, c 153, pt of §7]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-133 Requirement for measuremaster license; duties; prohibitions.

§486-133 Requirement for measuremaster license; duties; prohibitions.
Any person who engages in public weighing shall be licensed as a public measuremaster and shall perform the duties as specified by rule of the board. Any person who is not licensed as a public measuremaster is prohibited from assuming the title of public measuremaster and is prohibited from performing the acts or duties of a public measuremaster. [L 1991, c 153, pt of §7]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-134 Optional licensing.

§486-134 Optional licensing.
The following persons shall not be required, but shall be permitted, to obtain licenses as public measuremasters:
(1) A law enforcement or measurement standards officer, or other qualified employee of a state or county agency or institution when acting within the scope of the officer's or employee's official duties;
(2) A person weighing property, produce, commodities, or articles that the person, or the person's employer, is either buying or selling; and
(3) A person weighing property, produce, commodities, or articles in conformity with the requirements of federal statutes or the statutes of this State relative to warehouse workers or processors. [L 1991, c 153, pt of §7; am L 2008, c 19, §55]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-135 Reciprocal acceptance of certificates.

§486-135 Reciprocal acceptance of certificates.
Whenever in any other state that licenses public weighmasters or measuremasters there is statutory authority for the recognition and acceptance of the certificates issued by measuremasters of this State, the board is authorized to recognize and accept the certificates of that state. [L 1991, c 153, pt of §7]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-136 Offenses and penalties.

§486-136 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 which has been altered to facilitate fraud;
(2) Falsely certify any gross, tare, or net weight or measure required by this part to be on the certificate;
(3) Falsify a certificate;
(4) Issue a certificate simulating the certificate in this part;
(5) Refuse without cause to weigh or measure any article or thing which it is the person's duty to weigh or measure, or refuse to state in any certificate anything required to be therein;
(6) Assume the title of public measuremaster, or any title of similar import, without a valid license;
(7) Perform the duties or acts to be performed by a public measuremaster without a valid license;
(8) Present oneself as a public measuremaster without a valid license;
(9) Issue any certificate, ticket, memorandum, or statement for which a fee is charged without a valid license;
(10) Engage in the full-time or part-time business of measuring for hire without a valid license;
(11) Delegate the person's own authority as a public measuremaster to any person not licensed as a public measuremaster;
(12) Request a public measuremaster to weigh, measure, or count any vehicle, property, produce, commodity, or article falsely or incorrectly; or
(13) Request a false or incorrect certificate.
(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 any device for certification purposes that does not meet the requirements of the National Institute of Standards and Technology handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices";
(2) Operate devices in a manner not in accordance with the National Institute of Standards and Technology handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices" requirements; or
(3) Violate any provision of this part or any rule adopted under this part for which a specific penalty has not been prescribed. [L 1991, c 153, pt of §7]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-137 Suspension and revocation of license.

§486-137 Suspension and revocation of license.
The board is authorized to suspend or revoke the license of any public measuremaster:
(1) When it is satisfied, after a hearing pursuant to chapter 91, that the licensee has violated any provision of this part or of any valid rule of the board affecting public measuremasters; or
(2) In accordance with section 831-3.1. [L 1991, c 153, pt of §7]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486B. Unfair Trade Practices by Petroleum Industry › 486B-1 Definitions.

§486B-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Advertising" includes the use of any banner, sign, placard, poster, streamer, card, or any publication in the media.
"Gasoline" means a volatile mixture of liquid hydrocarbons, generally containing small amounts of additives, suitable for use as a fuel in spark-ignition internal combustion engines.
"Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity.
"Petroleum product" means gasoline, diesel fuel, liquefied petroleum gas only when used as a motor fuel, kerosene, thinner, solvent, liquefied natural gas, pressure appliance fuel, white gasoline, or any motor fuel, or any oil represented as engine lubricant, engine oil, lubricating or motor oil, or any oil used to lubricate transmissions, gears, or axles.
"Sell" or any of its variants means attempt to sell, offer for sale or assist in the sale of, permit to be sold or offered for sale or delivery, offer for delivery, trade, barter, or expose for sale. [L 2006, c 78, pt of §21; am L 2008, c 19, §56]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486B. Unfair Trade Practices by Petroleum Industry › 486B-1.5 Monitoring of petroleum industry information.

§486B-1.5 Monitoring of petroleum industry information.
The public utilities commission or the department of business, economic development, and tourism shall refer to the attorney general any matter that is a violation of this chapter that is discovered in the performance of its duties pursuant to chapter 486H or 486J. [L 2007, c 182, §1; am L 2013, c 259, §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486B. Unfair Trade Practices by Petroleum Industry › 486B-2 Misrepresentations

§486B-2 Misrepresentations
. (a) It is unlawful for any person to make any deceptive, false, or misleading statement by any means whatsoever regarding quality, quantity, performance, price, discount, profit, or savings used in the sale or selling of any petroleum product regulated pursuant to this chapter or chapters 486H and 486J.
(b) The following deceptive, false, or misleading acts or practices committed or permitted by any person offering to sell any petroleum product that is regulated by this chapter or chapters 486H and 486J are also a violation of this section:
(1) Misrepresenting the brand, grade, quality, or price of a
petroleum
product;
(2) Using false or deceptive representations or designations in connection with the pricing, profits, or sale of a
petroleum
product;
(3) Advertising
petroleum
products or services and not selling them as advertised;
(4) Advertising
petroleum
products of a designated brand, grade, trademark, or trade name not actually sold or available for sale;
(5) Making false, deceptive, or misleading statements concerning conditions of sale, price reductions, costs of operations, profits, or failing to disclose business relationships within the petroleum industry that affect the wholesale pricing of petroleum products;
(6) Representing that the consumer will receive a rebate, discount, or other economic benefit and then failing to give that rebate, discount, or other economic benefit; and
(7) Forging or falsifying any records or documents required by this chapter or chapter 486H or 486J or knowingly keeping, using, or displaying the false or forged records or documents. [L 2006, c 78, pt of §21]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486B. Unfair Trade Practices by Petroleum Industry › 486B-3 Unlawful profiteering.

§486B-3 Unlawful profiteering.
Any person who sells petroleum products and who, with intent to enhance the price or restrict the supply of petroleum products:
(1) Wilfully causes or permits preventable waste in the production, manufacture, storage, or distribution of petroleum products;
(2) Prevents, limits, lessens, or restricts the manufacture, production, supply, or distribution of petroleum products;
(3) Enters into any contract, combination, or conspiracy in restraint of trade or commerce;
(4) Exacts or demands any unjust or unreasonable profit in the sale, exchange, or handling of petroleum products; or
(5) In any way aids or abets the doing of any act prohibited in paragraphs (1) to (4),
commits an unlawful trade practice. [L 2006, c 78, pt of §21]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486B. Unfair Trade Practices by Petroleum Industry › 486B-4 Penalty.

§486B-4 Penalty.
Any person who violates this chapter shall be fined not more than $10,000 for each violation or imprisoned for not more than five years, or both. [L 2006, c 78, pt of §21]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486B. Unfair Trade Practices by Petroleum Industry › 486B-5 Injunctions.

§486B-5 Injunctions.
Any person who violates this chapter may be enjoined by the circuit court by a mandatory injunction or temporary restraining order necessary or proper to effectuate the purposes of this chapter in a suit brought by the attorney general in the name of the State or by any private person in the person's own name. [L 2006, c 78, pt of §21]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486H. Gasoline Dealers › 486H-2 Wrongful or illegal termination; unreasonable nonrenewal; damages; defenses.

§486H-2 Wrongful or illegal termination; unreasonable nonrenewal; damages; defenses.
(a) Except as provided in section 486H-3, a petroleum distributor shall be liable to a gasoline dealer who sells the products of the petroleum distributor under a franchise from the distributor for damages and such equitable relief as the court deems proper resulting from the wrongful or illegal termination or cancellation of the franchise during its term or the petroleum distributor's unreasonable refusal to renew the franchise.
(b) A gasoline dealer suffering damages as a result of the termination or cancellation of, or failure to renew, the dealer's franchise may bring an action under this section against the petroleum distributor who wrongfully or illegally terminated, canceled, or unreasonably refused to renew the dealer's franchise in the court of general jurisdiction in which such petroleum distributor has the distributor's principal place of business, is found, or has an agent. The action may be brought without regard to the amount in controversy. If the gasoline dealer prevails in the action, the dealer may recover actual damages sustained, the costs of the suit, including reasonable attorneys' fees, and such equitable relief as the court deems proper.
The court may also grant such temporary relief as it may deem necessary and proper.
(c) It shall be a defense to any action brought under this section that the franchise was terminated, canceled, or not renewed because:
(1) The gasoline dealer failed to comply substantially with essential and reasonable requirements of the franchise agreement;
(2) The gasoline dealer failed to act in good faith in carrying out the terms and provisions of the franchise; or
(3) Of any of the reasons enumerated in section 486H-3; or
(4) Of other legitimate business reasons; provided that a termination, cancellation, or failure to renew a franchise for the purpose of enabling the petroleum distributor to assume operation of the gasoline dealer's business shall not be considered to be a legitimate business reason unless the gasoline dealer is paid reasonable compensation for the value of the dealer's franchise, including goodwill.
(d) No action may be brought under this section for a cause of action which arose more than two years prior to the date on which the action is brought. [L 1975, c 133, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486H. Gasoline Dealers › 486H-3 Notice of termination, cancellation, or nonrenewal.

§486H-3 Notice of termination, cancellation, or nonrenewal.
A petroleum distributor shall not terminate, cancel, or refuse to renew a franchise with a gasoline dealer without first giving the dealer written notice by certified mail at least ninety days in advance of the effective date of such action as set forth in the notice. Notwithstanding any provision to the contrary contained in this section, a petroleum distributor may terminate, cancel, or refuse to renew a franchise with a gasoline dealer effective five days after the posting of written notice by certified mail to the gasoline dealer at the dealer's last known address, if such action is based on any of the following reasons:
(1) Citation of the gasoline dealer by the measurement standards branch for adulteration, substitution, contamination, or other degradation of petroleum products sold under the trademark of the petroleum distributor; provided such adulteration, substitution, contamination, or other degradation is caused by the wilful or negligent act of the gasoline dealer;
(2) Voluntary abandonment of the franchise relationship by the gasoline dealer;
(3) Conviction of the gasoline dealer of a crime involving the business conducted pursuant to the franchise; or
(4) Adjudication of bankruptcy of the gasoline dealer, or the dealer's becoming insolvent in the sense that the dealer cannot meet the dealer's financial obligations when due. [L 1975, c 133, pt of §1; gen ch 1985; am L 1986, c 339, §78; am L 1998, c 192, §5]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486H. Gasoline Dealers › 486H-4 Wrongful termination, cancellation, or nonrenewal; exception to actions.

§486H-4 Wrongful termination, cancellation, or nonrenewal; exception to actions.
No action may be brought under section 486H-2 in connection with the termination, cancellation, or nonrenewal of a franchise if the franchise agreement provides for the binding arbitration of disputes arising under the agreement, including disputes related to the termination, cancellation, or nonrenewal of the franchise, in accordance with chapter 658A and the rules of the American Arbitration Association. [L 1975, c 133, pt of §1; am L 2008, c 19, §58]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486H. Gasoline Dealers › 486H-5 Gasoline dealer's rights.

§486H-5 Gasoline dealer's rights.
(a) A petroleum distributor shall not in any way dictate, force, or attempt to set the retail price of any product sold by the gasoline dealer.
(b) After June 7, 1976, it shall be illegal for any petroleum distributor by any action to require a gasoline dealer to purchase only those tires, batteries, and other automotive accessories sold by the distributor. A gasoline dealer may sell any tires, batteries, and other automotive accessories as may be available to the dealer for retail sale.
(c) The petroleum distributor shall at all times act in good faith in carrying out the terms and provisions of the franchise. [L 1976, c 213, pt of §2; am L 1983, c 268, §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486H. Gasoline Dealers › 486H-6 Petroleum distributor's penalty; collection.

§486H-6 Petroleum distributor's penalty; collection.
The petroleum distributor's executive officer, representative, or agent who negotiates any contract in violation of section 486H-5(a) and section 486H-5(b), or who otherwise coerces a gasoline dealer in violation of section 486H-5(a) and section 486H-5(b), shall in addition to other penalties provided by this chapter be subject to a civil penalty of up to $50,000 for each offense.
The penalty shall be assessed and recovered in a civil action brought by the attorney general or by any county attorney or prosecuting attorney in any court of competent jurisdiction. If brought by a county attorney or prosecuting attorney, the entire amount of the penalty shall be paid to the general fund of the county in which the judgment was entered. If brought by the attorney general, one-half of the penalty shall be paid to the county general fund where the action was brought and one-half shall be paid to the state general fund. [L 1976, c 213, pt of §2; am L 1983, c 268, §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486H. Gasoline Dealers › 486H-7 Right to sue.

§486H-7 Right to sue.
Any person who is injured in the person's business or property by reason of a violation of section 486H-5 may sue in any court having jurisdiction in the county where the defendant resides or is found, or where any agent of the defendant resides or is found, or where service may be obtained, without respect to the amount in controversy, to recover the damages sustained by the person, and the person shall be awarded, if judgment is rendered in the person's favor, attorney's fees together with the costs of the suit. Any action brought pursuant to this section shall be commenced within four years after the cause of action accrued. [L 1976, c 213, pt of §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486H. Gasoline Dealers › 486H-8 Disposition of inventory.

§486H-8 Disposition of inventory.
Upon termination of a franchise by either the petroleum distributor or the gasoline dealer, whether or not for cause, the distributor shall at the request of the dealer, take back any inventory from the dealer which was supplied by it and which has not diminished substantially in value and is of similar quality as when originally supplied. The petroleum distributor shall reimburse the gasoline dealer for not less than ninety per cent of the cost paid by the gasoline dealer or shall cancel not less than ninety per cent of any debts owed on account of the inventory. [L 1976, c 213, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486H. Gasoline Dealers › 486H-9 Rights of dealer family member.

§486H-9 Rights of dealer family member.
(a) Upon the death of a gasoline dealer, the franchise of said dealer and any leases or other agreements in connection therewith may be assumed by any dealer family member, who has actively participated in the franchise during the twelve-month period immediately preceding the dealer's death (but not necessarily continuously throughout such period), who meets the qualifications necessary to operate the station which would be customarily required by the petroleum distributor in question, and who gives written notice of the dealer family member's election to assume the franchise, and any leases or other agreements in connection therewith, to the petroleum distributor and any lessors of the premises within thirty days of the death of the gasoline dealer and affirms the same in writing within fifteen days after such thirty-day period.
(b) Any dealer family member who is entitled to give the notice under subsection (a) shall have the right to operate the franchise during the forty-five-day period provided for in subsection (a).
(c) "Dealer family member" shall mean that person from the group consisting of the surviving spouse and surviving adult children of the dealer designated by the dealer in a written designation received by the petroleum distributor prior to the dealer's death, provided that in the absence of any written designation, the dealer family member shall be that one of the dealer's surviving spouse and the dealer's surviving adult children who is entitled to give and gives the notice provided for in subsection (a) and who is chosen by said group. If said group does not choose the dealer family member within forty-five days after the dealer's death, then the petroleum distributor shall have the option of choosing the dealer family member from among those who were entitled to give and give notice of their election to assume the franchise, any leases or other agreements in accordance with subsection (a). [L 1978, c 232, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486H. Gasoline Dealers › 486H-10.5 Violation; penalties. Any person who violates section 486H-10.4 shall be assessed a civil penalty of $1,000 per day for each violation. [L 1995, c 238, §1; am L 2008, c 19, §60]

§486H-10.5
Violation; penalties.
Any person who violates section 486H-10.4 shall be assessed a civil penalty of $1,000 per day for each violation. [L 1995, c 238, §1; am L 2008, c 19, §60]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486H. Gasoline Dealers › 486H-11 Enforcement of prohibition.

§486H-11 Enforcement of prohibition.
(a) The attorney general shall commence a civil action to enforce section 486H-10.4 by seeking injunctive or any other appropriate relief. The civil action shall be brought in the circuit court of the circuit where the alleged violation occurred, or where the defendant resides or is doing business.
(b) Any person who is injured in that person's business or property by the violation of section 486H-10.4 may bring a civil action for damages or injunctive relief, or both, against the person violating section 486H-10.4. If the plaintiff prevails, the plaintiff shall be awarded reasonable attorneys' and expert witness fees; provided that if a court awards only nominal damages to the plaintiff, those fees, in the court's discretion, need not be awarded to the plaintiff. Any action brought under this subsection shall be brought in the circuit court of the circuit where the alleged violation occurred, or where the defendant resides or is doing business. [L 1993, c 329, pt of §1; am L 2008, c 19, §61]
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486H. Gasoline Dealers › 486H-12 Preemption by federal law.

§486H-12 Preemption by federal law.
This chapter shall not be applied in a manner that would render its application preempted by the "Petroleum Marketing Practices Act", 15 U.S.C. [section] 2801, et seq., or other applicable federal law. [L 1993, c 329, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486H. Gasoline Dealers › 486H-17 Restricting supply of petroleum products.

§486H-17 Restricting supply of petroleum products.
The attorney general shall immediately investigate any shortage or condition affecting the supply of any petroleum products or other matters relating to the requirements of this chapter and shall institute all appropriate criminal and civil actions and pursue all legal and equitable remedies that may be available to the State. The attorney general shall submit a report to the legislature regarding any shortage or condition affecting the supply of petroleum products. [L 2004, c 242, §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486J. Petroleum Industry Information Reporting Act › 486J-2 Distributors to register.

§486J-2 Distributors to register.
Every distributor, and any person before becoming a distributor, shall register as such with the department on forms to be prescribed, prepared, and furnished by the department. [L 1997, c 257, pt of §2; am L 2002, c 77, §4; am L 2006, c 78, §4; am L 2013, c 259, §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486J. Petroleum Industry Information Reporting Act › 486J-3 Statements.

§486J-3 Statements.
Each month, every refiner and distributor, on a reporting date established by the director, shall file with the research and economic analysis division of the department, on forms furnished by the department showing separately for each county and for the islands of Lanai and Molokai within which and whereon fuel is sold or used during the last preceding reporting month, the following:
(1) The total volume of fuel imported into and exported from Hawaii, and if for ultimate sale or consumption in another county or on another island, the total volume of fuel, in barrels, by import location (foreign and domestic), by specific crude oil imported, and by liquid fuel type, aviation fuel, diesel fuel, biofuels, and other types of fuel as required by the department, that is sold, exchanged, or otherwise transferred or used by the distributor;
(2) The total volume of fuel refined, manufactured, or compounded by refineries, in barrels, by company, and by specific crude oil and by liquid fuel type, aviation fuel, diesel fuel, biofuels, and other types of fuel as required by the department, including No. 2 diesel fuel, No. 1 distillate, No. 2 fuel oil, No. 4 fuel oil, kerosene, finished aviation gasoline, kerosene-type jet fuel, residual fuel oil, consumer grade propane, and gasoline (regular, midgrade, and premium);
(3) The total volume of fuel distributed, in barrels, by company, by island, and by liquid fuel type, aviation fuel, diesel fuel, biofuels, and other types of fuel as required by the department, and by:
(A) Classes of retail trade;
(B) Federal, state, county agencies, ships stores, or base exchanges, commercial agriculture accounts, commercial non-agriculture accounts, retail dealers, and other customers as required by the department; and
(C) Wholesale distributor; and
(4) The total volume of inventory and storage capacity, in barrels, by reporting entity, by method of transportation of receipts and distribution, by specific crude oil, and by liquid fuel type, aviation fuel, diesel fuel, biofuels, and other types of fuel as required by the department. [L 1997, c 257, pt of §2; am L 2002, c 77, §4; am L 2006, c 78, §5; am L 2007, c 182, §4; am L 2010, c 152, §4]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486J. Petroleum Industry Information Reporting Act › 486J-5.5 Energy data collection program.

§486J-5.5 Energy data collection program.
The department shall establish the energy data collection program that includes development and maintenance of an energy database system that meets the requirements of government and industry, while promoting sound policy making, greenhouse gas emission inventory reporting, energy planning, energy assurance planning, and energy security. [L 2006, c 78, pt of §2; am L 2010, c 152, §5; am L 2019, c 92, §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486J. Petroleum Industry Information Reporting Act › 486J-6 Confidential information.

§486J-6
Confidential information.
(a) Statements provided to the department pursuant to section 486J-3 and the data contained therein shall be deemed confidential and exempt from public disclosure under chapter 92F.
(b) No data or information submitted to the department shall be deemed confidential if it is shown that the person submitting the information or data has made it public.
(c) Unless otherwise provided by law, with respect to data that the commission or department obtained or was provided pursuant to this chapter, neither the commission or department nor any employee of the commission or department may do any of the following:
(1) Use the information furnished or obtained for any purpose other than the purposes for which it is supplied;
(2) Make any publication whereby the data furnished by any person can be identified; or
(3) Permit any person other than the commission, the department of taxation, the attorney general, the consumer advocate, the department of business, economic development, and tourism, the department of health, and the authorized representatives and employees of each to examine the individual reports or statements provided. [L 1997, c 257, pt of §2; am L 2002, c 77, §4; am L 2006, c 78, §8; am L 2007, c 182, §7; am L 2010, c 152, §6; am L 2019, c 92, §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486J. Petroleum Industry Information Reporting Act › 486J-7 Confidential information obtained by another state agency.

§486J-7 Confidential information obtained by another state agency.
Any confidential information pertinent to the responsibilities of the commission or the department specified in this chapter that is obtained by another state agency, including the department of taxation, the attorney general, and the consumer advocate, shall be available only to the attorney general, the attorney general's authorized representatives, the department of business, economic development, and tourism, the department of health, and the commission and shall be treated in a confidential manner. [L 1997, c 257, pt of §2; am L 2002, c 77, §4; am L 2006, c 78, §9; am L 2010, c 152, §7; am L 2019, c 92, §4]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486J. Petroleum Industry Information Reporting Act › 486J-9 Failure to timely provide information; failure to make and file statements; false statements; penalties; referral to the attorney general.

§486J-9 Failure to timely provide information; failure to make and file statements; false statements; penalties; referral to the attorney general.
(a) The department shall notify those persons who have failed to timely provide the information specified in section 486J-3 or requested by the department under section 486J-3. If, within five business days after being notified of the failure to provide the specified or requested information, the person fails to supply the specified or requested information, the person shall be subject to a civil penalty of not less than $50,000 per day nor more than $100,000 per day for each day the submission of information is refused or delayed.
(b) Any person, or any employee of any person, who wilfully makes any false statement, representation, or certification in any record, report, plan, or other document filed with the department shall be subject to a civil penalty not to exceed $500,000 and shall be deemed to have committed an unfair or deceptive act or practice in the conduct of a trade or commerce and subject to the penalties specified in chapters 480 and 486B.
(c) The department shall refer any matter under subsection (a) or (b) to the attorney general, who may exercise any appropriate legal or equitable remedies that may be available to the State.
(d) For the purposes of this section, "person" means, in addition to the definition contained in section 486J-1, any responsible corporate officer. [L 1997, c 257, pt of §2; am L 2002, c 77, §3(3); am L 2006, c 78, §11; am L 2007, c 182, §8; am L 2010, c 152, §8]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486J. Petroleum Industry Information Reporting Act › 486J-21 Petroleum advisory council; establishment.

§486J-21 Petroleum advisory council; establishment.
(a) There is established within the department for administrative purposes a voluntary petroleum advisory council, which shall be convened at the director's discretion and shall consist of the following eleven members:
(1) Two lessee retail service station dealers;
(2) Two independent retail service station dealers;
(3) Two representatives of petroleum jobbers;
(4) Two representatives of petroleum refiners;
(5) One representative from the department of commerce and consumer affairs;
(6) One representative from the department of business, economic development, and tourism; and
(7) One representative from the department of the attorney general.
(b) The members of the council shall elect a chairperson from among their number.
(c) The members of the council shall serve without compensation. [L 1997, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486J. Petroleum Industry Information Reporting Act › 486J-22 Duties of the council.

§486J-22 Duties of the council.
The council shall:
(1) Advise the department of trends and activities in the retail petroleum industry that may require statutory consideration; and
(2) Take such other action as may be necessary to ensure that the department is informed of all relevant developments in the retail petroleum industry affecting the health, safety, and welfare of the people of this State. [L 1997, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486K. Hotels › 486K-1 Definitions.

§486K-1 Definitions.
As used in this chapter, the following terms shall have the following meanings:
"Guest" means a person who is registered at the hotel and to whom a bedroom is assigned. The term "guest" shall include not only the guest, but the members of the guest's family and other persons who accompany the guest.
"Hotel", "hotel-condominium" or "condominium-hotel" means an establishment consisting of any building or structure used primarily for the business of providing for consideration transient accommodation lodging facilities and that furnishes, as part of its routine operations, one or more customary lodging services, other than living accommodations and the use of furniture and fixtures, including but not limited to restaurant facilities, or room attendant, bell, telephone switchboard, laundering, or concierge services, and is subject to the transient accommodations tax under chapter 237D.
"Hotelkeeper" or "keeper" includes any individual, firm, or corporation actually operating a hotel.
"Security box" means any metal or alloy box, used in a hotel for the safekeeping of any valuables, which may be securely locked with a locking mechanism that meets or exceeds Underwriters Laboratories standards and which shall be secured in a manner which precludes its removal from the room.
"Valuables" includes money, bank notes, bonds, precious stones, jewelry, ornaments, watches, securities, transportation tickets, photographic cameras, checks, drafts, and other negotiable instruments, business papers, documents, and other papers, and other articles of value. [L 1978, c 234, pt of §3; am L 1981, c 83, §1; am L 1992, c 141, §1; am L 2008, c 19, §62]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486K. Hotels › 486K-2 Hotelkeeper's lien on baggage, etc., of guests; summary ejectment of delinquents.

§486K-2 Hotelkeeper's lien on baggage, etc., of guests; summary ejectment of delinquents.
All hotelkeepers shall have a lien on all baggage and other property in the possession of the hotel belonging to guests at the hotel, for the amount of their proper charges against guests for the hire of rooms or board or other services or accommodation in the hotel, and shall have the right, without the process of law, to retain the same until the amount of indebtedness is discharged. All parties indebted for rooms or board in the hotel may be summarily ejected by the keeper thereof from the premises upon the keeper giving to the parties so indebted a written notice of the amount of indebtedness and the keeper's demand for the same, unless the parties shall have entered into an agreement with the keeper for a mode and manner of payment for room or board other than that announced by notice in the hotel, the right of summary ejectment to be without prejudice to the lien on the guest's baggage or other property. [L 1978, c 234, pt of §3; gen ch 1985; am L 2008, c 19, §63]
Case Notes
Does not preclude hotel from removing hotel guest's personal belongings from hotel room and changing the room's doorlock so as to prevent hotel guest from re-entering the room without hotel's permission, upon the expiration of the license to occupy mutually agreed to by hotel guest and hotel. 10 H. App. 123, 861 P.2d 736.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486K. Hotels › 486K-3 Sale of detained baggage; notice; disposition of proceeds.

§486K-3 Sale of detained baggage; notice; disposition of proceeds.
All baggage and property so held by the keeper of the hotel, after the expiration of three months from the date of the detention, shall be sold at public auction, after notice thereof published three times in a newspaper of general circulation in the county where the hotel is kept. The proceeds thereof shall be applied to the payment of the amount due and the expenses of the notice and sale. The balance, if any remaining, shall be paid over to the owner of the property or the owner's representative. If the balance is not claimed by the owner within sixty days after sale, then the balance shall be paid over to the director of finance of the State and shall be kept by the director in a special deposit for payment to the owner and shall be disposed of as provided in chapter 523A. [L 1978, c 234, pt of §3; am L 1985, c 68, §17]