Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 143 - STANDARDS FOR COFFEE › Section 4-143-2 - Inspection and fees

Current through June, 2024
(a) Inspection for
				certification of green coffee, natural coffee, or mixed natural coffee by the
				department shall be voluntary on the part of the applicant and will be made
				only upon the request of the applicant.
(b) Inspection for certification of green
				coffee, natural coffee, or mixed natural coffee for grade and condition by the
				department shall be conducted upon the processing of parchment coffee into
				green coffee or natural coffee, provided that the green coffee, natural coffee,
				or mixed natural coffee shall be graded, placed into sealed containers, and
				tagged as described in section
				4-143-1(i) before
				the green coffee, natural coffee, or mixed natural coffee is offered for
				inspection.
(c) The application for
				certification shall include a signed statement attesting to the geographic
				region of production as defined, in section
				4-143-3, of the green coffee,
				natural coffee, or mixed natural coffee and the quantity in pounds.
(d) It shall be the responsibility of the
				owner of the coffee to apply to the department for certification.
(e) The department shall provide green
				coffee, natural coffee, or mixed natural coffee inspection at centralized
				pulping, hulling, grading, milling, processing, shipping, or storage
				plants.
(f) Each application for
				inspection shall be completed by the applicant on an approved department form,
				signed and filed with the office of inspection or any inspector at or near the
				place where the inspection is desired. The application, due to noncompliance
				with this chapter, may be rejected by the supervisor. The supervisor shall
				notify the applicant in writing of the reason for the rejection as soon as
				possible.
(g) The applicant shall
				make every container of each lot of the product to be inspected readily
				accessible for sampling and inspection. Coffee bags or containers sampled for
				certification shall not be moved from the facility where it was sampled until
				approval is given by the department. Movement of coffees without approval shall
				be considered a violation under section
				4-143-8(d).
(h) Inspection and certification for quality
				or condition shall be based on section
				4-143-6,
				4-143-11, or
				4-143-12. A request for
				certification may include a request restricted to a portion of, or in addition
				to the requirements in section
				4-143-6,
				4-143-11, or
				4-143-12, upon approval of the
				supervisor, provided that a letter of certification may be issued in lieu of a
				certificate at the discretion of the supervisor.
(i) An application for certification may be
				withdrawn by the applicant at any time before the inspection is performed,
				provided that the applicant shall be billed for any expenses incurred after the
				application was made.
(j) Proof of
				the authority of any person applying for inspection on behalf of another person
				may be required at the discretion of the inspector.
(k) The original certificate, when issued,
				shall immediately be mailed or made available to the applicant or a person
				designated by the applicant. One additional copy of the certificate shall be
				issued without charge if requested by the applicant before the certificate is
				issued. Applicants may make a request in writing to the inspection office for
				additional copies or facsimile copies of a certificate at a fee of $48 for each
				page.
(l) An inspection fee rate of
				$48 per hour for regular time and $72 per hour for overtime shall be charged by
				the department, and shall be paid by the applicant. Additional charges may be
				assessed for transportation, travel time, stand-by time, per diem, mileage, and
				other actual expenses incurred by the department.
(m) When payment for inspection is not
				received within thirty days of the date of the bill, the department may
				withhold inspection for certification until payment is made. An interest charge
				of one-half of one per cent of the unpaid balance shall be assessed for each
				month, or portion of a month, that payment is not received after the initial
				thirty days after the date of the bill.
(n) An application for an appeal inspection
				may be made by any financially interested person dissatisfied with the original
				determination, provided that:
(1) The
				identity of the product has not been lost;
(2) The original lot has not been disturbed
				and is accessible;
(3) The appeal
				request and the reason for the appeal are submitted in writing, and the reason
				for the appeal request is not unsubstantial;
(4) The product has not undergone material
				change in condition since the original inspection; and
(5) Not more than fourteen days has
				transpired from the date of the original certificate.
The fee to be charged for an appeal inspection shall be based
				  on the fees and other charges specified in subsection (l) or $350, whichever is
				  greater, provided that should the result of the appeal inspection disclose that
				  a material error was made in the original inspection, no fees or charges shall
				  be assessed for the appeal inspection.