reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 1 - LABELING › Section 4-41-2 - Prohibitions

Current through June, 2024
(a) No person shall sell, offer, expose, or
				  transport for sale any agricultural commodity in wholesale quantities, in
				  consumer packages, or in bulk lot displays, unless the commodity is labeled in
				  the manner specified in this subchapter.
(b) The use of the grade terms defined in
				  this chapter, or any abbreviation or variation of the grade terms, that is
				  intended to represent or imply that the agricultural commodity so labeled is
				  grown in Hawaii, is prohibited on an agricultural commodity that is not grown
				  in Hawaii.
(c) The use of any grade
				  term defined in this chapter, or any abbreviation or variation of the grade
				  term, is prohibited on an agricultural commodity for which no grade has been
				  established in this chapter.
(d)
				  The use of the term "Hawaii", or any other form or abbreviation of the term
				  "Hawaii", in conjunction with other fanciful terms which are not defined in
				  this chapter, to represent or imply that an agricultural commodity has a grade
				  adopted under this chapter, is prohibited on a label, sign, placard or in an
				  advertisement that describes or refers to an agricultural commodity.
(e) The use of the Hawaii wholesale grade
				  terms in section 4-41-5(a)(1) is prohibited on bulk lot displays or lots of
				  consumer packages.
(f) The use of
				  the Hawaii consumer grade terms in section 4-41-5(a)(2) is prohibited on
				  wholesale quantities.
(g) The sale
				  or offering for sale of any fruit or vegetable that has been advertised under
				  the requirements of section 4-41-12(a) which do not meet the minimum
				  requirements of the advertised grade, or in the case where no grade is
				  specified which do not meet the minimum requirements of Hawaii Grade A or U.S.
				  No. 1 as applicable, is prohibited unless the following provisions are met:
(1) Written documentation shall be submitted
				  to the department, in a timely manner, to substantiate that the failure to meet
				  the advertised grade was not willful; and
(2) A statement of the actual grade and the
				  reason for the deviation from the advertised grade, or in the case where no
				  grade was specified the reason for the deviation from Hawaii Grade A or U.S.
				  No. 1, shall be placed on the sign or placard required in section
				  4-41-3(c).
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 1 - LABELING › Section 4-41-3 - Labels

Current through June, 2024
(a) Any Hawaii-grown agricultural commodity
				  labeled with grade terms defined in this chapter or United States grade terms,
				  or any abbreviation or variation of the grade terms, shall meet the labeled
				  grade.
(b) Any non-Hawaii-grown
				  agricultural commodity in bulk lot displays or consumer packages labeled with
				  United States grades or other state wholesale or consumer grades shall meet the
				  labeled grade.
(c) Each bulk lot
				  display and each lot of consumer packages of fresh fruits and vegetables which
				  has had its retail price advertised subject to section 4-41-12 shall be
				  identified with a suitable sign or placard bearing:
(1) The term "as advertised" or other
				  suitable language;
(2) The name of
				  the agricultural commodity;
(3) The
				  advertised grade or offgrade designation if subject to section 4-41-12(a) or
				  the statements required by section 4-41-2(g)(2) if applicable; and
(4) The minimum unit weight or size if
				  subject to section 4-41-12(b).
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 1 - LABELING › Section 4-41-5 - Applicable grade terms

Current through June, 2024
(a) Hawaii-grown
				  fresh fruits and vegetables that are classified as to grade based on the Hawaii
				  grade classification system for fresh fruits and vegetables shall be classified
				  as follows:
(1) For wholesale quantities,
				  with the grades Hawaii Fancy, Hawaii No. 1, Hawaii No. 1 Bronze, Hawaii Young
				  Ginger, Hawaii Commercial, Hawaii No. 2, or Hawaii Utility, whichever is
				  applicable; and
(2) For consumer
				  packages or bulk lot displays, with the grades Hawaii Grade AA, Hawaii Grade A,
				  Hawaii Grade A Bronze, Hawaii Young Ginger, Hawaii Commercial, Hawaii Grade B,
				  or Hawaii Utility, whichever is applicable.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 1 - LABELING › Section 4-41-6 - Obliteration of incorrect label markings

Current through June, 2024
(a) Grade labels on
				  containers in wholesale quantities which are determined to be incorrect shall
				  be corrected by obliteration of the incorrect information. Any reasonable
				  effort made to efface the incorrect label markings, such as a bold line or X
				  mark drawn across or over the inappropriate markings, shall be considered an
				  obliteration.
(b) Grade and other
				  labels on bulk lot displays or consumer packages which are determined to be
				  incorrect shall be corrected by complete obliteration or removal of the
				  incorrect information and substitution of the correct information as required
				  by section 4-41-3.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 1 - LABELING › Section 4-41-8 - Seller's invoice

Current through June, 2024
(a) Every producer
				  or produce dealer, when selling agricultural commodities to a retailer on the
				  basis of grade, shall furnish to the retailer an invoice showing the applicable
				  grade or offgrade designation of the commodities according to the standards
				  approved by the board of agriculture, the United States Department of
				  Agriculture, or other states.
(b)
				  Every producer or produce dealer, when selling Hawaii-grown agricultural
				  commodities to a retailer, shall furnish to the retailer an invoice showing
				  that the agricultural commodity is Hawaii-grown.
(c) A copy of the invoice shall be kept on
				  file by the producer or produce dealer and by the retailer at the respective
				  places of business for a period of not less than thirty days, and shall be
				  available for inspection at all reasonable times by authorized inspectors of
				  the department.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 2 - CONTAINER AND ADVERTISING REQUIREMENTS › Section 4-41-9 - Definitions

Current through June, 2024
As used in this subchapter, unless otherwise
					 defined:
"Fairly tight" means the commodity is packed to fit fairly
					 snug and not loosely in the container.
"Reasonably clean" means not caked with dirt or other
					 foreign material, or not so badly stained as to seriously affect the appearance
					 of the container.
"Reasonably well filled" means the sack has been filled to
					 approximately ninety per cent or more of its total capacity and the sack is
					 fairly tightly sewn or tied across the top.
"Sound" means the container is constructed to remain intact
					 under the most severe conditions ordinarily encountered during handling and
					 shipment, and is constructed in accordance with good practice.
"Well nailed" means sufficient nails have been used to keep
					 the container intact and the nails are tightly fitted into the wood or other
					 material.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 2 - CONTAINER AND ADVERTISING REQUIREMENTS › Section 4-41-10 - Prohibitions

Current through June, 2024
The sale, offering for sale, or transportation for sale of
					 any agricultural commodity in wholesale quantities is prohibited unless packed
					 as follows:
(1) The pack in wooden,
				  fiberboard, or wire bound containers shall be fairly tight or fairly well
				  filled, and sacks shall be reasonably well filled;
(2) All containers used for any one lot shall
				  be sound, reasonably clean, uniform as to size and type, and of the type
				  specifically designed for distribution of agricultural commodities;
(3) Crates, boxes, lugs, and other similar
				  containers shall be well nailed, wire bound crates shall be adequately wired,
				  fiberboard cartons and other similar containers shall be reasonably rigid, and
				  sacks shall be free of holes and tears; and
(4) Standard containers shall apply wherever
				  this chapter requires the use of standard containers.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 2 - CONTAINER AND ADVERTISING REQUIREMENTS › Section 4-41-11 - Standard containers

Current through June, 2024
All measurements, unless otherwise specified, shall be
					 inside measurements in inches, and when read from left to right shall represent
					 the length, width, and depth, respectively.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 2 - CONTAINER AND ADVERTISING REQUIREMENTS › Section 4-41-12 - Advertising requirements

Current through June, 2024
(a) When the retail
				  price of any fresh fruit or vegetable that has established Hawaii consumer
				  grades or United States wholesale grades is advertised in any manner, the
				  advertisement shall include the applicable grade for the fresh fruit or
				  vegetable or the offgrade designation if the fresh fruit or vegetable
				  advertised does not meet the minimum requirements of Hawaii Grade A or U.S. No.
				  1.
(b) When the retail price of any
				  fresh fruit or vegetable is advertised in any manner by the piece or by the
				  package, the advertisement shall include the minimum unit weight or
				  size.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 4 - PROVISIONS FOR ENFORCEMENT, PENALTIES, AND PROSECUTION › Section 4-41-14 - Authorization for inspection

Current through June, 2024
(a) Any authorized
				  inspector of the department may enter any place or conveyance where
				  agricultural commodities are produced, stored, packed, delivered for shipment,
				  processed, loaded, shipped, transported, offered for sale, sold, or advertised
				  to:
(1) Inspect the quality and condition of
				  the agricultural commodities;
(2)
				  Enforce labeling requirements; and
(3) Enforce container and packing
				  requirements.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 4 - PROVISIONS FOR ENFORCEMENT, PENALTIES, AND PROSECUTION › Section 4-41-15 - Authorization for stop sale

Current through June, 2024
(a) Any authorized
				  inspector of the department, upon determining that this chapter or chapter 147,
				  Hawaii Revised Statutes, is being violated, may place stop sale notices in
				  front of or by the side of the agricultural commodity that is in
				  violation.
(b) Agricultural
				  commodities for which stop sale notices have been issued shall not be sold,
				  offered for sale, transferred, or otherwise disposed of until the stop sale
				  notices have been removed by an authorized inspector of the
				  department.
(c) No person shall
				  remove, deface, or otherwise tamper with any stop sale notice except upon
				  authorization of an authorized inspector of the department.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 4 - PROVISIONS FOR ENFORCEMENT, PENALTIES, AND PROSECUTION › Section 4-41-16 - Penalties and prosecution

Current through June, 2024
Any person who violates any provision of this chapter may
					 be subject to the actions, procedures, and penalties provided in sections
					 147-2,
					 147-25,
					 and
					 148-3,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 5 - INSPECTION AND CERTIFICATION OF FRESH FRUITS AND VEGETABLES › Section 4-41-17 - Definitions

Current through June, 2024
As used in this subchapter, unless otherwise
					 defined:
"Commercial value" means the commodity is reconditionable
					 and the reconditioning does not involve unreasonable expense or loss of
					 time.
"Dumping inspection" means an inspection to determine
					 whether the commodity possesses any commercial value.
"Inspection certificate" means any form of certification,
					 either written or printed, issued by an inspector under this chapter and in
					 accordance with rules and regulations of the United States Department of
					 Agriculture, to certify the identity, class, grade, quality, size, quantity, or
					 condition of agricultural commodities, including compliance of the products
					 with applicable specifications.
"Inspector" means an employee of the department, authorized
					 and licensed by the secretary to investigate, sample, inspect, and certify for
					 any interested party the quality and condition of agricultural commodities
					 under this chapter.
"Office of inspection" means the office of an inspector of
					 agricultural commodities.
"Secretary" means the Secretary or Acting Secretary of
					 Agriculture of the United States of America.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 5 - INSPECTION AND CERTIFICATION OF FRESH FRUITS AND VEGETABLES › Section 4-41-18 - Application for inspection

Current through June, 2024
(a) An application
				  for inspection may be made by:
(1) An
				  authorized official of the State; or
(2) Any person having a financial interest in
				  the product involved, including the shipper, receiver, or carrier, or an
				  authorized person on behalf of the applicant.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 5 - INSPECTION AND CERTIFICATION OF FRESH FRUITS AND VEGETABLES › Section 4-41-19 - Inspection

Current through June, 2024
(a) The applicant shall make the product to
				  be inspected accessible for sampling and inspection, and placed so as to
				  readily disclose its quality and condition.
(b) As many inspections shall be made as
				  facilities permit and as far as practicable, in the order applications are
				  received, except that preference may be given to applications made by an
				  authorized official of the State.
(c) No inspector shall inspect any product in
				  which the inspector has a direct or indirect financial interest.
(d) Unless the applicant requests otherwise,
				  inspection and certification for quality or condition shall be based on the
				  official standards of the State, or the official standards of the United States
				  Department of Agriculture, or shall be by description where official standards
				  are lacking.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 5 - INSPECTION AND CERTIFICATION OF FRESH FRUITS AND VEGETABLES › Section 4-41-20 - Inspection certificates

Current through June, 2024
(a) The inspector
				  shall sign and issue a separate certificate for each lot of product inspected.
				  Each kind of fruit or vegetable shall constitute a separate lot, and different
				  varieties of the same kind of fruit or vegetable may be considered as separate
				  lots. A formal certificate need not be issued when the application for
				  inspection is made by an interested party or governmental agency to determine
				  compliance with this chapter or contractual specifications; however, the
				  compliance or non-compliance may be indicated by an appropriate stamp or mark
				  on the products or the containers, at the discretion of the
				  inspector.
(b) The original
				  certificate shall, immediately upon its issuance, be delivered or mailed to the
				  applicant or person designated by the applicant. Upon the request of the
				  applicant prior to the issuance, not more than two additional copies of the
				  certificate may be issued without extra charge.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 5 - INSPECTION AND CERTIFICATION OF FRESH FRUITS AND VEGETABLES › Section 4-41-21 - Appeal inspection

Current through June, 2024
(a) An application
				  for appeal inspection by the applicant or other person financially interested
				  in the agricultural commodity may be filed with the inspection office nearest
				  to where the product is located whenever such applicant or person is
				  dissatisfied with the determination stated in the original certificate. The
				  application shall state the reasons for dissatisfaction and may be accompanied
				  by a copy of any previous inspection certificate or inspection report or any
				  other information which the applicant shall have received regarding the quality
				  and condition of the product at the time of the original inspection. The
				  application may be made in writing or orally.
(b) A record showing the date and time of
				  filing of the application shall be made by the receiving office.
(c) An application for appeal inspection may
				  be denied for any of the following conditions:
(1) Reason stated for an appeal inspection is
				  frivolous or unsubstantial;
(2)
				  Quality or condition of the product has undergone a material change since the
				  original inspection;
(3)
				  Inaccessibility of all parts of the lot for a thorough examination;
				  or
(4) Noncompliance with this
				  chapter.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 5 - INSPECTION AND CERTIFICATION OF FRESH FRUITS AND VEGETABLES › Section 4-41-22 - Fees for inspection

Current through June, 2024
(a) For each lot of
				  agricultural products inspected under this chapter, an inspection service fee
				  shall be charged at the rate of $33.40 per hour for regular time and $50.10 per
				  hour for overtime.
(b) Additional
				  charges may be made for transportation, travel time, per diem, traveling
				  expenses, and other actual expenses incurred by the department or when an
				  appeal inspection requiring the services of a second inspector is
				  involved.
(c) Fees charged for
				  appeal inspections in which the findings of the original inspection are
				  sustained shall be double the fees of the original inspection. When it is
				  judged that a material error in determination occurred in the original
				  inspection and the findings are reversed, the fee for the appeal inspection
				  shall not be charged to the applicant.
(d) Fees and related charges shall be paid by
				  the applicant in accordance with the directions on the fee bill furnished by
				  the inspector, and in advance if required by the inspector.
(e) When payments are by check, a service fee
				  shall be assessed for each check that is not honored.
(f) Additional copies of any inspection
				  certificate, other than those provided in section 4-41-20(b), may be supplied
				  to any interested party upon payment of a fee of $l for each page.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 5 - INSPECTION AND CERTIFICATION OF FRESH FRUITS AND VEGETABLES › Section 4-41-23 - Denial of service

Current through June, 2024
Any intentional misrepresentation or any deceptive or
					 fraudulent practice made or committed by any applicant for inspection or
					 reinspection may be deemed sufficient cause for the department to refuse to
					 provide inspection services.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 7 - STANDARDS FOR GRADES OF HAWAII-GROWN FRESH FRUITS AND VEGETABLES › Section 4-41-25 - Application of tolerances

Current through June, 2024
As applied in this chapter and unless otherwise specified,
					 averages for the entire lot, based on examination of representative samples,
					 shall be within the tolerances specified in the grade, but the contents of
					 individual packages or containers in any lot may vary from the specified
					 tolerances, subject to the following limitations:
(1) When the tolerance specified is more than
				  five per cent, individual packages or containers in any lot may contain not
				  more than one and one-half times the tolerance, provided at least one specimen
				  which fails to meet the requirements of the grade shall be permitted in any
				  package or container; and
(2) When
				  the tolerance specified is five per cent or less, individual packages or
				  containers in any lot may contain not more than double the tolerance, provided
				  at least one specimen which fails to meet the requirements of the grade shall
				  be permitted in any package or container.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 7 - STANDARDS FOR GRADES OF HAWAII-GROWN FRESH FRUITS AND VEGETABLES › Section 4-41-35 - Standards for Hawaii-grown non-heading oriental cabbage

Current through June, 2024
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 7 - STANDARDS FOR GRADES OF HAWAII-GROWN FRESH FRUITS AND VEGETABLES › Section 4-41-37 - Standards for Hawaii-grown cauliflower

Current through June, 2024
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 7 - STANDARDS FOR GRADES OF HAWAII-GROWN FRESH FRUITS AND VEGETABLES › Section 4-41-42 - Standards for Hawaii-grown eggplants

Current through June, 2024
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 7 - STANDARDS FOR GRADES OF HAWAII-GROWN FRESH FRUITS AND VEGETABLES › Section 4-41-46 - Standards for Hawaii-grown in-shell macadamia nuts

Current through June, 2024
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 7 - STANDARDS FOR GRADES OF HAWAII-GROWN FRESH FRUITS AND VEGETABLES › Section 4-41-47 - Standards for Hawaii-grown shelled macadamia nuts

Current through June, 2024
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 7 - STANDARDS FOR GRADES OF HAWAII-GROWN FRESH FRUITS AND VEGETABLES › Section 4-41-54 - Standards for Hawaii-grown pineapples

Current through June, 2024
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 7 - STANDARDS FOR GRADES OF HAWAII-GROWN FRESH FRUITS AND VEGETABLES › Section 4-41-58 - Standards for Hawaii-grown red and icicle radishes

Current through June, 2024
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 7 - STANDARDS FOR GRADES OF HAWAII-GROWN FRESH FRUITS AND VEGETABLES › Section 4-41-63 - Standards for Hawaii-grown topped turnips or rutabagas

Current through June, 2024
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 41 - STANDARDS FOR FRESH FRUITS AND VEGETABLES › Subchapter 7 - STANDARDS FOR GRADES OF HAWAII-GROWN FRESH FRUITS AND VEGETABLES › Section 4-41-65 - Standards for Hawaii-grown yam bean roots

Current through June, 2024
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 42 - STANDARDS FOR HAWAII-GROWN FLOWERS AND FOLIAGE › Subchapter 1 - MINIMUM EXPORT REQUIREMENTS › Section 4-42-1 - Minimum grades for export

Current through June, 2024
(a) The following
				  minimum grades shall apply to Hawaii-grown flowers which are exported, intended
				  for export, or otherwise destined for shipment by commercial exporters to
				  points outside the State:
(1) Anthuriums shall
				  meet the requirements of Hawaii Choice anthuriums, except that such flowers may
				  not be fresh, may be poorly colored, and may show extensive seed formation, but
				  the seeds shall not be mature, and except that flowers classified as Hawaii
				  Standard anthuriums may be exported during the month of December;
(2) Baby wood rose clusters shall meet the
				  requirements of Hawaii Standard baby wood rose clusters;
(3) Dendrobium orchid sprays shall meet the
				  requirements of Hawaii Fancy dendrobium orchid sprays, except that sprays
				  classified as Hawaii Standard dendrobium orchid sprays may be exported during
				  the period from December 1 through March 31;
(4) Individual dendrobium orchids shall meet
				  the requirements of Hawaii Fancy dendrobium orchids;
(5) Lipstick clusters shall meet the
				  requirements of Hawaii Standard lipstick clusters;
(6) Red ginger shall meet the requirements of
				  Hawaii Standard red ginger;
(7)
				  Vanda joaquim orchids shall meet the requirements of Hawaii Standard vanda
				  joaquim orchids;
(8) Wood roses
				  shall meet the requirements of Hawaii Standard wood roses; and
(9) Leis shall be made from flowers which are
				  properly developed, clean, well formed, fresh, firm, and reasonably intact.
				  Leis shall be well strung and free from injury caused by bruises,
				  discoloration, disease, insects, birds, or mechanical or other means, and shall
				  not be less than thirty-six inches in length; provided that leis less than
				  thirty-six inches in length may be shipped after the commercial exporter has
				  obtained a permit from an authorized agent of the department, who shall issue
				  the permit only if the commercial exporter has a firm order for the leis.
				  Flowers used in a lei shall be considered properly developed when the flowers
				  are at the stage of maturity considered to be suitable for lei making.
				  Definitions of terms used in this paragraph shall be as provided in section
				  4-42-4.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 42 - STANDARDS FOR HAWAII-GROWN FLOWERS AND FOLIAGE › Subchapter 1 - MINIMUM EXPORT REQUIREMENTS › Section 4-42-2 - Minimum container and packaging requirements for export

Current through June, 2024
(a) No commercial exporter shall ship any
				  flower or foliage item, except long-stem flowers, to any point outside the
				  State unless the item is packaged in a new container which bears no printing,
				  brands, labels, or other marks to indicate that the container is intended for
				  some purpose other than for the shipment of flowers or foliage.
Long-stem flowers consisting of red ginger, shell ginger,
					 heliconia, and birds-of-paradise may be packaged in used containers until the
					 board of agriculture, acting on the advice and recommendation of the flowers
					 and foliage advisory committee, finds the continued use of these containers
					 unnecessary and not in the best interest of the flowers and foliage industry.
					 Used containers shall be clean and sound and shall have all printings, labels,
					 brands, or other markings not applicable to the current shipment completely
					 obliterated.
(b) Vanda
				  joaquim orchids shall be laid flat in layers in the package used for shipment;
				  each layer shall be separated from other layers by wax paper or other suitable
				  material and shall be only one flower thick; and there shall be no more than
				  six layers in each package. Vanda joaquim orchids for sale for use in the
				  tournament of roses need not meet these packing requirements; provided a
				  written permit is obtained from an authorized inspector of the
				  department.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 42 - STANDARDS FOR HAWAII-GROWN FLOWERS AND FOLIAGE › Subchapter 1 - MINIMUM EXPORT REQUIREMENTS › Section 4-42-3 - Provisions for enforcement, penalties, and prosecution

Current through June, 2024
(a) Any authorized inspector of the
				  department, during normal business hours, may enter any place or conveyance
				  where flowers and foliage are processed, packed, stored, delivered for
				  shipment, loaded, shipped, or transported and may take for inspection
				  representative samples of these flowers and foliage and the containers used to
				  ship these items, to determine if the flowers and foliage and the shipping
				  containers meet the requirements of sections 4-42-1 and 4-42-2.
(b) Any authorized inspector of the
				  department, upon determining that the requirements of sections 4-42-1 and
				  4-42-2 are being violated, may place stop sale notices on all flowers and
				  foliage that are in violation. Flowers and foliage affected by stop sale
				  notices shall not be moved until the stop sale notices have been removed by an
				  authorized inspector of the department.
No person shall remove, deface, or otherwise tamper with
					 any stop sale notice except upon authorization of an authorized inspector of
					 the department.
(c) Any
				  person who violates any provision of this chapter may be. subject to the
				  actions, procedures, and penalties provided in section
				  147-37,
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 42 - STANDARDS FOR HAWAII-GROWN FLOWERS AND FOLIAGE › Subchapter 2 - STANDARDS FOR GRADES OF FLOWERS AND FOLIAGE › Section 4-42-4 - Definitions

Current through June, 2024
As used in this subchapter, unless otherwise
					 defined:
"Clean" means free from dirt, mildew, and other foreign
					 matter;
"Damage" means any defect or combination of defects which
					 materially affects the appearance or shipping quality of the flower or
					 foliage;
"Dry" means free from moisture;
"Fairly clean" means not more than slightly affected by the
					 presence of dirt, mildew, or other foreign matter;
"Fairly firm" means not more than very slightly wilted or
					 very slightly flabby;
"Fairly well colored" means the colors are not more than
					 very slightly faded;
"Fairly well formed" means the shape of the flower does not
					 vary more than slightly from that typical of the variety;
"Firm" means there is no evidence of wilting;
"Fresh" means not wilted or flabby;
"Injury" means any defect or combination of defects which
					 affects more than slightly the appearance or shipping quality of the flower or
					 foliage. Any slight defect which so blends in with the general appearance of
					 the product as to make it scarcely noticeable shall not constitute an
					 injury;
"Intact" means the flower has all parts normally present
					 and these parts are whole;
"Labellum" means the central petal (most highly colored
					 portion) of the vanda joaquim orchid;
"Serious damage" means any defect or combination of defects
					 which seriously affects the appearance or shipping quality of the flower or
					 foliage;
"Similar varietal characteristics" means the flowers or
					 foliage have the same general character of growth and color;
"Well colored" means the colors are bright and typical of
					 the variety and there is, no evidence of fading;
"Well developed" means full growth has been attained and
					 all parts are fully developed;
"Well formed" means the flower has the form typical of the
					 variety; and
"Well strung" means the flowers are neatly strung on
					 unbroken twine or wire and the two ends of the twine or wire are securely
					 joined in such a manner that the join is not conspicuous. If the lei is
					 beribboned, the ribbon shall be tied firmly and the bow attractively
					 formed.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 42 - STANDARDS FOR HAWAII-GROWN FLOWERS AND FOLIAGE › Subchapter 2 - STANDARDS FOR GRADES OF FLOWERS AND FOLIAGE › Section 4-42-5 - Tolerances for defects

Current through June, 2024
Unless otherwise provided for in this subchapter, the
					 following tolerances for defects shall apply to grades of flowers and
					 foliage:
(1) In order to allow for
				  variations incident to proper grading and handling, not more than a total of
				  five per cent, by count, of the flowers and foliage in any lot designated
				  Hawaii Extra Fancy or Hawaii Fancy may fail to meet the requirements of the
				  grade, but not more than two-fifths of this amount, or two per cent, shall be
				  allowed for defects causing damage; and
(2) In order to allow for variations incident
				  to proper grading and handling, not more than a total of five per cent, by
				  count, of the flowers and foliage in any lot designated Hawaii Standard may
				  fail to meet the requirements of this grade, but not more than two-fifths of
				  this amount, or two per cent, shall be allowed for defects causing serious
				  damage.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 42 - STANDARDS FOR HAWAII-GROWN FLOWERS AND FOLIAGE › Subchapter 2 - STANDARDS FOR GRADES OF FLOWERS AND FOLIAGE › Section 4-42-6 - Application of tolerances

Current through June, 2024
Averages for the entire lot, based on the examination of
					 representative samples, shall be within the tolerances specified, but
					 individual quantities of any one type of flower or foliage in any package may
					 contain not more than double the tolerance, provided that at least one specimen
					 which fails to meet the requirements shall be permitted.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 42 - STANDARDS FOR HAWAII-GROWN FLOWERS AND FOLIAGE › Subchapter 2 - STANDARDS FOR GRADES OF FLOWERS AND FOLIAGE › Section 4-42-7 - Standards for akulikuli leis

Current through June, 2024
(a) As used in this
				  section:
"Akulikuli lei" means a lei which is made from buds or
					 partially opened akulikuli flowers with the stem removed;
"Fairly well developed" means the flowers are slightly less
					 than fully opened;
"Length" means the circumference of the circle formed by
					 the lei, measured along the centerline of the lei;
"Reasonably intact" means the appearance and shipping
					 quality of the lei are not affected by the absence of any floral part of any
					 flower;
"Slightly developed" means the flowers are not more than
					 just past the bud stage of development and are not more than very slightly
					 opened; and
"Width" means the greatest measurement at right angles to
					 the centerline of the lei.
(b) Hawaii Fancy akulikuli leis consist of
				  akulikuli leis made from flowers of similar varietal characteristics which are
				  not more than slightly developed, clean, well formed, fresh, firm, reasonably
				  intact, and well colored. Leis shall be clean, well strung, and free from
				  injury caused by disease, insects, birds, or mechanical or other means. Unless
				  otherwise specified, each lei shall be not less than forty inches in length,
				  nor less than two and one-half inches in width.
Leis which conform to all the requirements of Hawaii Fancy
					 except as to similarity between the colors of the individual flowers in the
					 lei, may be designated Hawaii Fancy Mixed Colors.
(c) Hawaii Standard akulikuli leis consist of
				  akulikuli leis made from flowers of similar varietal characteristics which are
				  not more than fairly well developed, clean, well formed, fresh, firm, and
				  fairly well colored. Leis shall be clean, well strung, and free from damage
				  caused by disease, insects, birds, or mechanical or other means. Unless
				  otherwise specified, each lei shall be not less than thirty-six inches in
				  length, nor less than two and one-half inches in width.
Leis which conform to all the requirements of Hawaii
					 Standard except as to similarity between the colors of the individual flowers
					 in the lei, may be designated Hawaii Standard Mixed Colors.
(d) In order to allow for variations incident
				  to proper sizing, not more than a total of five per cent, by count, of the leis
				  in any lot may fail to meet the specified minimum length or width, but not more
				  than one-fifth of this amount, or one per cent, shall be permitted for leis
				  more than two inches shorter than the minimum length specified.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 42 - STANDARDS FOR HAWAII-GROWN FLOWERS AND FOLIAGE › Subchapter 2 - STANDARDS FOR GRADES OF FLOWERS AND FOLIAGE › Section 4-42-10 - Standards for birds-of-paradise

Current through June, 2024
(a) As used in this
				  section:
"Bird-of-paradise" means the stem and inflorescence of the
					 Strelitzia reginae plant, consisting of one or two boatshaped bracts borne on
					 the stem and the flowers which are held in the bract;
"Clean" means the bird-of-paradise is practically free from
					 dirt and other foreign matter. A small amount of dirt inside the bracts, which
					 cannot be removed by good commercial methods of washing, shall be
					 permitted;
"Damage" means any defect which materially affects the
					 appearance or shipping quality of the bird-of-paradise. Any defect or
					 combination of defects so located as to be prominent or affects an aggregate
					 area exceeding three-fourths inch in diameter shall be considered as damage,
					 unless such defect or combination of defects is on the stem;
"Fairly well colored" means the color of the sepals on the
					 first appearing flower may be very slightly brown but the color of the sepals
					 on the remaining flowers shall be bright and characteristic of the variety, and
					 the tongue may be light colored;
"Injury" means any defect which more than slightly affects
					 the appearance or shipping quality of the bird-of-paradise. Any defect or
					 combination of defects affecting an. aggregate area more than three-eighths
					 inch in diameter shall be considered as injury, unless such defect or
					 combination of defects is on the stem;
"Properly trimmed" means the stem has been cut off neatly
					 and is at least ten inches in length;
"Reasonably intact" means the bird-of-paradise has all
					 parts normally present and these parts are whole, except that one flower may
					 have been removed; and
"Well developed" means the bract is quite plump and the
					 first flower is exposed.
(b) Hawaii Fancy birds-of-paradise consist of
				  birds-of-paradise of similar varietal characteristics which are well developed,
				  clean, well formed, intact, fresh, firm, well colored, properly trimmed, and
				  free from injury caused by disease, insects, or mechanical or other
				  means.
(c) Hawaii Standard
				  birds-of-paradise consist of birds-of-paradise of similar varietal
				  characteristics which are well developed, clean, well formed, reasonably
				  intact, fresh, firm, fairly well colored, properly trimmed, and free from
				  damage caused by disease, insects, or mechanical or other means.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 42 - STANDARDS FOR HAWAII-GROWN FLOWERS AND FOLIAGE › Subchapter 2 - STANDARDS FOR GRADES OF FLOWERS AND FOLIAGE › Section 4-42-11 - Standards for carnation leis

Current through June, 2024
(a) As used in this
				  section:
"Carnation lei" means a lei made using carnation flowers
					 with the stems removed;
"Length" means the circumference of the circle formed by
					 the lei, measured along the centerline of the lei; and
"Reasonably intact" means the appearance and shipping
					 quality of the lei are unaffected by the absence of any floral part of any
					 flower.
(b) Hawaii Fancy
				  carnation leis consist of carnation leis made from flowers of similar varietal
				  characteristics which are well developed, clean, reasonably intact, fresh,
				  firm, and well colored. Leis shall be clean, well strung, and free from injury
				  caused by disease, birds, insects, or mechanical or other means. Unless
				  otherwise specified, each lei shall be not less than forty inches in length.
Leis which conform to all the requirements of Hawaii Fancy
					 except as to similarity between the colors of the individual flowers in the
					 lei, may be designated Hawaii Fancy Mixed Colors.
(c) Hawaii Standard carnation leis consist of
				  carnation leis made from flowers of similar varietal characteristics which are
				  well developed, clean, fairly-fresh, fairly firm, and fairly well colored. Leis
				  shall be clean, well strung, and free from damage caused by disease, birds,
				  insects, or mechanical or other means. Unless otherwise specified, each lei
				  shall be not less than thirty-six inches in length.
Leis which conform to all the requirements of Hawaii
					 Standard except as to similarity between the colors of the individual flowers
					 in the lei, may be designated Hawaii Standard Mixed Colors.
(d) In order to allow for variations incident
				  to proper sizing, not more than a total of five per cent, by count, of the leis
				  in any lot may fail to meet the specified minimum length, but not more than
				  one-fifth of this amount, or one per cent, shall be permitted for leis more
				  than two inches shorter than the minimum length specified.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 42 - STANDARDS FOR HAWAII-GROWN FLOWERS AND FOLIAGE › Subchapter 2 - STANDARDS FOR GRADES OF FLOWERS AND FOLIAGE › Section 4-42-12 - Standards for croton leaves

Current through June, 2024
(a) As used in this
				  section:
"Broad-leaf types" means types of croton which bear leaves
					 that are less than three times as long as wide;
"Damage" means any defect which materially affects the
					 appearance or shipping quality of the leaf. Any one of the following defects,
					 or any combination of defects, the seriousness of which exceeds the maximum
					 allowed for any one defect, shall be considered as damage:
(1) Breaks, cuts, or bruises/ when
				  aggregating more than one-fourth inch in diameter;
(2) Breaks, cuts, or bruises, when more than
				  three are present; or
(3) Breaks,
				  cuts, or bruises, when so close together as to materially affect the appearance
				  of the leaf;
"Length" means the greatest dimension of the leaf blade
					 measured in a straight line, exclusive of the stem;
"Narrow-leaf types" means types of croton which bear leaves
					 that are three times as long as wide or longer. For the purpose of these
					 standards, a lot of similar croton leaves will be considered as belonging to
					 the narrow-leaf type if any leaf fails to meet the requirements for broad-leaf
					 croton leaves. In the case of mixed varieties, any one variety in the mixture
					 will be considered a narrow-leaf type if any leaf of that variety in the
					 mixture fails to meet the requirement for broad-leaf croton leaves;
"Properly trimmed" means the stems are neatly cut
					 off;
"Well developed" means the leaf shows normal growth and is
					 reasonably tough in texture; and
"Well formed" means the leaf is symmetrical and has the
					 normal shape of the variety.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 42 - STANDARDS FOR HAWAII-GROWN FLOWERS AND FOLIAGE › Subchapter 2 - STANDARDS FOR GRADES OF FLOWERS AND FOLIAGE › Section 4-42-14 - Standards for dendrobium orchid sprays

Current through June, 2024
(a) As used in this
				  section:
"Dendrobium orchid sprays" means the racemes of the various
					 dendrobium orchids, consisting of the stalk, stems, and flowers;
"Firm" means the flowers and stems are turgid and firmly
					 attached to the main stalk;
"Intact" means all flowers present are whole and not more
					 than two damaged flowers have been removed from the spray, provided that the
					 appearance or shipping quality of the spray is not appreciably affected by such
					 removal of damaged flowers;
"Properly trimmed" means the stalk has been cut off
					 cleanly; removed flowers have been severed neatly; and the distance from the
					 lowermost flower to the cut end of the stem is not less than four
					 inches;
"Well developed" means at least sixty per cent of the
					 flowers on the spray have attained full bloom; and
"Well formed" means the general structure of the spray and
					 the shape of the individual flowers are typical of the variety, and the flowers
					 are symmetrical.
(b) Hawaii
				  Fancy dendrobium orchid sprays consist of dendrobium orchid sprays which are
				  well developed, clean, well formed, intact, fresh, firm, well colored, properly
				  trimmed, and free from injury caused by disease, insects, birds, or mechanical
				  or other means.
(c) Hawaii Standard
				  dendrobium orchid sprays consist of dendrobium orchid sprays which are well
				  developed, clean, well formed, fresh, firm, well colored, properly trimmed, and
				  free from damage caused by disease, insects, birds, or mechanical or other
				  means.
(d) The applicable spray
				  length classification for dendrobium orchid sprays may be specified in
				  connection with the grade, as follows:
(1)
				  Short, nine to thirteen inches;
(2)
				  Medium, fourteen to twenty inches; or
(3) Long, twenty-one or more inches.
In order to allow for variations incident to proper sizing,
					 not more than a total of five per cent, by count, of the sprays in any lot may
					 vary from the length specified.