reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 93 - PACKAGING AND LABELING › Section 4-93-1 - Definitions

Current through June, 2024
As used in this chapter,
(1) "Island fresh logo" means the design
				created by the state department of agriculture and registered with the state
				department of commerce and consumer affairs and consisting of the words "island
				fresh" in conjunction with a design of a happy, smiling flower.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 93 - PACKAGING AND LABELING › Section 4-93-2 - Packaging and labeling; requirements

Current through June, 2024
(a) The National
				Institute of Standards and Technology handbook 130, 1993 edition, entitled
				"Uniform Laws and Regulations," part IV, section A, entitled "Uniform Packaging
				and Labeling Regulation," is hereby adopted for use by the division of
				measurement standards with the following amendments:
(1) To section 11.30, entitled "Fishing Lines
				and Reels," is added, "In addition, fishing lines shall state the test of the
				line in pounds."
(2) Section 14,
				entitled " Revocation of Conflicting Regulations," is deleted.
(3) Section 15, entitled "Effective Date," is
				deleted.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 93 - PACKAGING AND LABELING › Section 4-93-3 - Use of the terms "net" or "net contents"

Current through June, 2024
The terms "net" or "net contents" may be used with the
				  declaration of quantity when stating the net liquid quantity of contents in
				  terms of net fluid measure.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 93 - PACKAGING AND LABELING › Section 4-93-4 - Milk, locally produced; special requirements

Current through June, 2024
Any processed milk or milk product that has been at least
				  ninety per cent, by weight, produced in the State shall, in addition to all
				  other labeling requirements, meet one of the following additional
				  requirements:
(1) Have a statement
				conspicuously displayed on the principal display panel that states "island
				fresh" printed in bold face or other distinctive type and having a minimum type
				size as required in § 4-93-4(4); or
(2) Display on the principal display panel a
				term similar to "island fresh" that conveys freshness due to being produced
				within the State. The statement shall be printed in bold face or other
				distinctive type and shall have a minimum type size as required in §
				4-93-4(4) and shall be approved for use by the administrator. A written request
				for approval shall be made to the administrator before actual use; or
(3) Display on the principal display panel
				the "Island Fresh" logo in a size not less than the size required in §
				4-93-4(4).
(4) The height of any
				letter or logo shall not be less than that shown in table I, below, with
				respect to the area of the principal display panel:
Table I. Minimum Height of
							 Letters and Size of Logo
Area (Square Inches)
Minimum Height of
							 Letters
Minimum Size of Logo
10 and less
1/16 inch
7/16 inch
Greater than 10 and less than or equal to
							 25
1/8 inch
7/8 inch
Greater than 25
3/16 inch
1 inch
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 93 - PACKAGING AND LABELING › Section 4-93-5 - Fresh produce

Current through June, 2024
(a) A placard label
				may be used at retail level to advertise or label fresh produce. The product
				shall be deemed in compliance with this chapter if it is labeled by placard in
				a prominent and conspicuous manner and in lettering at least three-eighths of
				an inch in height, stating:
(1) Identity of
				the produce;
(2) Unit price per
				measure;
(3) Net weight;
				and
(4) Retail sale price.
The net weight and retail sale price may be omitted from the
				  placard when it is to be determined by weighing at the time of checkout.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 93 - PACKAGING AND LABELING › Section 4-93-6 - Ethnic food products

Current through June, 2024
Any packaged commodity that is a food product characteristic
				  of any existing ethnic group and which is manufactured or produced exclusively
				  for intrastate sale or consumption shall be exempt from the English language
				  requirements of sections 8.1 and 9.1 of National Institute of Standards and
				  Technology handbook 130, 1993 edition; provided, that the package is labeled
				  with a name or phrase in the romanized form of the language of that ethnic
				  group which is descriptive of that food product.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 93 - PACKAGING AND LABELING › Section 4-93-7 - Fertilizer

Current through June, 2024
Fertilizer, plant food and plant nutrient shall, in addition
				  to all other requirements of this chapter, bear a clear, prominent and factual
				  statement of available nitrogen, phosphorus and potassium content, in per cent
				  of weight. This declaration may be identified as "NPK" and shall be part of the
				  identity statement.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 93 - PACKAGING AND LABELING › Section 4-93-8 - Advertising

Current through June, 2024
Whenever a consumer commodity is advertised for sale, it
				  shall not be misrepresented nor shall it be presented in a manner tending to
				  deceive an actual or prospective purchaser.
(1) When a price is included in the
				advertisement, there shall be in close proximity to the price and conspicuously
				associated with it, a declaration of net quantity that the purchaser shall
				receive for the price advertised;
(2) When the amount of the advertised
				consumer commodity is limited as to physical supply, the advertisement shall
				reflect that limit of supply.
(3)
				When a consumer commodity is limited as to the individual units a consumer may
				purchase, the advertisement shall reflect that limit of purchase.
(4) When the retail establishment reserves
				the right to withhold sales to commercial entities, the advertisement shall
				reflect that reservation.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 93 - PACKAGING AND LABELING › Section 4-93-9 - Multipurpose-type labeling

Current through June, 2024
Multipurpose-type labels, which include multi-identity,
				  multi-quantity and multi-style, are prohibited for consumer packages, except as
				  provided by federal or state law.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 93 - PACKAGING AND LABELING › Section 4-93-10 - Package checking procedure

Current through June, 2024
The National Institute of Standards and Technology handbook
				  entitled "NBS Handbook 133, third edition, Checking the Net Contents of
				  Packaged Goods," and its supplements, NIST handbook 133, third edition,
				  supplement 1; NIST handbook 133, third edition, supplement 2; and NIST handbook
				  133, third edition, supplement 3, are hereby adopted for use by the division of
				  measurement standards as the procedures for compliance testing of net contents
				  statements on packaged goods.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 93 - PACKAGING AND LABELING › Section 4-93-12 - Severability

Current through June, 2024
If any provision of this chapter is held invalid, the
				  invalidity shall not affect the remainder and, to this end, the provisions of
				  this chapter are severable.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 94 - METHOD OF SALE OF COMMODITIES › Section 4-94-2 - Method of sale; requirements

Current through June, 2024
(a) The National
				Institute of Standards and Technology handbook 130, 1993 edition, entitled
				"Uniform Laws and Regulations," part IV, section B, entitled "Uniform
				Regulation for the Method of Sale of Commodities," is hereby adopted for use by
				the division of measurement standards with the following amendments:
(1) Section 4, entitled "Revocation of
				Conflicting Regulations," is deleted.
(2) Section 5, entitled "Effective Date," is
				deleted.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 94 - METHOD OF SALE OF COMMODITIES › Section 4-94-3 - Canned abalone and concholepas or abalone-like shellfish

Current through June, 2024
Canned abalone and concholepas or abalone-like shellfish, in
				  addition to any other quantity declaration prescribed by law, shall be marketed
				  in terms of drained weight.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 94 - METHOD OF SALE OF COMMODITIES › Section 4-94-8 - Nori

Current through June, 2024
Nori, intended for use in making sushi or musubi, shall in
				  addition to any other expression of quantity be marketed in terms of sheet
				  count and size. The sheet size shall be the nominal dimension, plus or minus
				  three-eighths of an inch on a side.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 94 - METHOD OF SALE OF COMMODITIES › Section 4-94-10 - Packaged soil, sand, gravel, volcanic cinders, woodshavings, crushed rock, compost, soil amendments, shredded hapuu, hapuu chunks, planting mixes or media, chicken or steer manure, redwood bark, and the like

Current through June, 2024
(a) Packaged soil, sand, gravel, volcanic
				cinders, woodshavings, crushed rock, compost, soil amendments, shredded hapuu,
				hapuu chunks, planting mixes, chicken or steer manure, redwood bark and other
				similar media for planting, when packaged in sizes larger than eight dry quarts
				(one peck), shall be marketed by cubic measure:
(1) In the inch-pound system, by:
(A) One half cubic foot;
(B) Three quarters of a cubic foot;
(C) One cubic foot;
(D) One and one-half cubic foot; or
(E) A multiple of one cubic foot;
				and
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 94 - METHOD OF SALE OF COMMODITIES › Section 4-94-11 - Petroleum products, liquid

Current through June, 2024
(a) All petroleum
				products in the liquid state under atmospheric conditions shall be kept,
				offered, exposed for sale, or sold in terms of U.S. petroleum gallons or
				compatible SI litres.
(b) All
				metered sales by the gallon or litre, except those using meters with a maximum
				rated capacity of twenty-five gallons per minute or less, shall be accomplished
				by use of a meter and device that automatically compensates for
				temperature.
(c) Whenever a partial
				compartment or partial tank truck load is delivered, it shall be delivered
				through a meter that meets the requirements specified in chapter 4-101, Hawaii
				Administrative Rules.
(d) Tank
				markers shall not be used as a means for determining the quantity of product
				delivered into or from a vehicle tank truck.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 94 - METHOD OF SALE OF COMMODITIES › Section 4-94-12 - Cash, script, debit card, or credit card sales receipts for retail sales of petroleum products sold through liquid measuring devices

Current through June, 2024
A cash, script, and debit or credit card sale receipt shall
				  contain at least the following:
(1)
				The retail sale price, including all applicable taxes, per unit volume, upon
				which the transaction cost is based;
(2) The total volume dispensed as displayed
				on the dispensing device;
(3) The
				transaction cost as displayed on the dispensing device;
(4) The name and location of the issuing
				station or facility;
(5) The
				product type, such as:
(A) Regular
				gasoline;
(B) Premium
				gasoline;
(C) Unleaded regular
				gasoline;
(D) Unleaded premium
				gasoline;
(E) Diesel 1;
				or
(F) Diesel 2; and
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 94 - METHOD OF SALE OF COMMODITIES › Section 4-94-13 - Octane posting of retail gasoline dispensers

Current through June, 2024
(a) Any
				gasoline dispenser used to sell gasoline to consumers shall be posted with the
				minimum octane rating of the gasoline that is sold through that dispenser. The
				posting shall be done by putting at least one octane rating label in a
				conspicuous place on each face of the gasoline dispenser so as to be in full
				view of the consumer and as near as reasonably practical to the unit price of
				the gasoline. If two or more kinds of gasoline with different octane ratings
				are sold from the same dispenser, a separate label for each kind of gasoline
				must be posted on each face of the dispenser.
(b) Octane rating labels shall meet the
				following specifications:
(1) The label shall
				be three inches horizontally by two and one-half inches vertically. Helvetica
				type shall be used throughout except for the actual octane rating numerals
				which shall be Franklin gothic type. Spacing of the label shall be one-quarter
				inch between the top border and the first line of text, one-eighth inch between
				the first and second line of text, and one-quarter inch between the octane
				rating numerals and the line of text above it, with the text being centered
				within the interior border;
(2) The
				line text "minimum octane rating" shall be twelve point Helvetica Bold, upper
				case, with letter space at twelve and one-half points;
(3) The line text "(R+M)/2 METHOD" is ten
				point Helvetica Bold, upper case, with letter space at ten and one-half
				points;
(4) The octane rating shall
				be displayed as a two-digit whole number, plus one-half as a decimal fraction,
				as necessary. The octane rating numerals shall be ninety-six point Franklin
				gothic with one-eighth inch space between each numeral;
(5) The basic color shall be process yellow,
				and all type and all borders shall be process black. Both the black and yellow
				shall be non-fade;
(6) All octane
				rating labels shall be capable of withstanding extremes of weather for a period
				of not less than one year. They shall be resistant to gasoline, oil, grease,
				solvents, detergents, and water; and
(7) No information, data or marks other than
				that required by this chapter are permitted to appear on the octane rating
				label.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 94 - METHOD OF SALE OF COMMODITIES › Section 4-94-14 - Price advertising by gallon and by litre

Current through June, 2024
(a) Any
				dispenser offering gasoline for sale by the litre shall have posted, in
				conspicuous numerals comparable in size to any other unit price which may be
				posted thereon, the equivalent gallon price for every grade of gasoline
				dispensed therefrom. The gallon price shall in no case be less than 5/8 inch
				high by 1/8 inch wide (excluding fractions) and shall be posted on the top or
				on the uppermost portion of the face panel of the dispenser.
(b) For purposes of section 4-94-14(a), the
				"top" shall mean that space immediately above the dispenser computer housing,
				extending not more than eighty-five inches above the dispenser island. "Top"
				shall not include any superstructure or overhead support normally used to
				suspend and protect the dispenser hose.
(c) For purposes of section 4-94-14(a), the
				"uppermost portion" of the face panel shall include any portion thereof not
				less than twenty-four inches above the dispenser island.
(d) In any other advertisement of unit price
				of gasoline, the price per gallon shall be displayed in conspicuous numerals,
				comparable in size to any other unit price displayed in the
				advertisement.
(e) Nothing in
				sections 4-94-14(a) through 4-94-14(d) shall apply to dispensers selling
				gasoline by the gallon.
(f) Any
				signs or price advertising shall conform to existing county
				ordinances.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 94 - METHOD OF SALE OF COMMODITIES › Section 4-94-16 - Severability

Current through June, 2024
If any provision of this chapter is held invalid, the
				  invalidity shall not affect the remainder of this chapter and, to this end, the
				  provisions of this chapter are severable.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 96.1 - SCHEDULE AND FEES FOR LICENSING DEVICES SUSCEPTIBLE OF COMMERCIAL USAGE, AND MEASURING DEVICES AND MEASUREMENT STANDARDS FOR TESTING OR CERTIFICATION › Section 4-96.1-1 - Severability

Current through June, 2024
If any provision of this chapter is held invalid, the
				  invalidity shall not affect the remainder of this chapter and, to this end, the
				  provisions of this chapter are severable.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 96.1 - SCHEDULE AND FEES FOR LICENSING DEVICES SUSCEPTIBLE OF COMMERCIAL USAGE, AND MEASURING DEVICES AND MEASUREMENT STANDARDS FOR TESTING OR CERTIFICATION › Section 4-96.1-2 - Violation

Current through June, 2024
Any person omitting the required acts or committing the
				  proscribed acts, or failing to pay the fees as established herein shall be in
				  violation of this chapter and subject to the provisions of chapter 486 Hawaii
				  Revised Statutes.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 96.1 - SCHEDULE AND FEES FOR LICENSING DEVICES SUSCEPTIBLE OF COMMERCIAL USAGE, AND MEASURING DEVICES AND MEASUREMENT STANDARDS FOR TESTING OR CERTIFICATION › Section 4-96.1-3 - Applicability

Current through June, 2024
This chapter shall apply to all weighing and measuring
				  devices engaged in or susceptible of commercial usage.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 96.1 - SCHEDULE AND FEES FOR LICENSING DEVICES SUSCEPTIBLE OF COMMERCIAL USAGE, AND MEASURING DEVICES AND MEASUREMENT STANDARDS FOR TESTING OR CERTIFICATION › Section 4-96.1-4 - Definitions

Current through June, 2024
As used in this chapter,
"Accurate" means the performance or value (the indications,
				  deliveries, recorded representations, or capacity or actual value, etc., as
				  determined by tests conducted according to suitable standards) of a piece of
				  equipment conforms to the standard within the applicable tolerances and other
				  performance requirements. Equipment that fails so to conform is considered to
				  be inaccurate.
"Administrator" means the administering officer of the
				  quality assurance division, or any qualified person so designated by the
				  chairperson of the board of agriculture.
"Certification fee" means the charge for testing for the
				  certification of measuring devices or measurement standards.
"Commercial usage" means persons, things, and actions,
				  including governmental agencies, involved in establishing the net, gross, or
				  tare measure, cost, or value of any part, portion, or proration of the total,
				  as it may be used in the quantification or measurement of anything impacting
				  upon salary or wages, commerce or trade, or its documentation, including the
				  establishing of taxes due.
"Correctness" means a piece of equipment is considered to be
				  correct when, in addition to being accurate, the piece of equipment meets all
				  applicable specifications, tolerances, and other technical requirements.
"License fee" means a fixed charge for permission granted by
				  the administrator authorizing usage of a device susceptible of commercial
				  usage.
"Suitability" means a measurement standard, which has been
				  submitted to and approved by the administrator as to correctness and type for
				  its intended use.
"Testing fee" means the charge for services rendered, by the
				  administrator, for testing measuring devices or measurement standards on a
				  request basis.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 96.1 - SCHEDULE AND FEES FOR LICENSING DEVICES SUSCEPTIBLE OF COMMERCIAL USAGE, AND MEASURING DEVICES AND MEASUREMENT STANDARDS FOR TESTING OR CERTIFICATION › Section 4-96.1-5 - Commercial usage device annual license required

Current through June, 2024
(a) Prior
				to the use of any device susceptible of commercial usage, an annual license fee
				shall be paid as prescribed in Table I entitled "Schedule of Annual License
				Fees", dated November 25, 2008, and located at the end of this
				chapter.
(b) The license fee,
				payable to the state director of finance by check, cash, or money order, shall
				be mailed or delivered to the administrator as scheduled in this section. When
				available, payment may be made by credit card or electronic fund transfer.
(1) Scales and linear measuring devices
				(except taximeters):
(A) License fees shall be
				due and payable February 1; and
(B)
				Licenses shall be valid from February 1 to January 31 of the following
				year;
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 96.1 - SCHEDULE AND FEES FOR LICENSING DEVICES SUSCEPTIBLE OF COMMERCIAL USAGE, AND MEASURING DEVICES AND MEASUREMENT STANDARDS FOR TESTING OR CERTIFICATION › Section 4-96.1-6 - License renewal

Current through June, 2024
(a) Any measuring
				device engaged in or susceptible of commercial usage shall be licensed for the
				year of potential use. The license fee shall become due and payable as
				scheduled in section 4-96.1-5.
(b)
				The use of any measuring device, not licensed as required in this chapter, is
				prohibited.
(c) Any license issued
				under this chapter shall not be transferred from one device to another. This
				shall not preclude the transfer of the title of a measuring device, along with
				its current license, to another person, provided the complete device is
				transferred.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 96.1 - SCHEDULE AND FEES FOR LICENSING DEVICES SUSCEPTIBLE OF COMMERCIAL USAGE, AND MEASURING DEVICES AND MEASUREMENT STANDARDS FOR TESTING OR CERTIFICATION › Section 4-96.1-7 - License application form

Current through June, 2024
The measurement standards application for licensing a
				  commercial measuring device may be obtained from the administrator upon
				  request.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 96.1 - SCHEDULE AND FEES FOR LICENSING DEVICES SUSCEPTIBLE OF COMMERCIAL USAGE, AND MEASURING DEVICES AND MEASUREMENT STANDARDS FOR TESTING OR CERTIFICATION › Section 4-96.1-8 - Fee responsibility

Current through June, 2024
The payment of a license fee shall be the responsibility of
				  the person deriving the direct economic benefit from the use of the
				  device.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 96.1 - SCHEDULE AND FEES FOR LICENSING DEVICES SUSCEPTIBLE OF COMMERCIAL USAGE, AND MEASURING DEVICES AND MEASUREMENT STANDARDS FOR TESTING OR CERTIFICATION › Section 4-96.1-9 - Certification of measurement standards; fee

Current through June, 2024
(a) A
				measurement standard, used in proving the correctness of equipment engaged in
				or susceptible of commercial usage, shall be submitted annually to the
				administrator for examination as to suitability.
(b) Certification fees shall be paid
				according to Table 2 entitled "Schedule of Calibration Fees", dated November
				25, 2008, and located at the end of this chapter.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 96.1 - SCHEDULE AND FEES FOR LICENSING DEVICES SUSCEPTIBLE OF COMMERCIAL USAGE, AND MEASURING DEVICES AND MEASUREMENT STANDARDS FOR TESTING OR CERTIFICATION › Section 4-96.1-10 - Special test request; fee

Current through June, 2024
The fee for a requested special test shall be $500 except
				  if:
(1) The requested special test
				requires the use of the test-weight truck, the fee shall be $750;
(2) The requested special test requires the
				use of the one-thousand-gallon petroleum test equipment, the fee shall be
				$750.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 96.1 - SCHEDULE AND FEES FOR LICENSING DEVICES SUSCEPTIBLE OF COMMERCIAL USAGE, AND MEASURING DEVICES AND MEASUREMENT STANDARDS FOR TESTING OR CERTIFICATION › Section 4-96.1-11 - Returned-check charge

Current through June, 2024
When the payment of any fee established in this chapter is
				  made by check, a charge of $
25.00
shall be assessed,
				  in addition to the amount of the fee, if the check is not honored due to
				  insufficient funds.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 96.1 - SCHEDULE AND FEES FOR LICENSING DEVICES SUSCEPTIBLE OF COMMERCIAL USAGE, AND MEASURING DEVICES AND MEASUREMENT STANDARDS FOR TESTING OR CERTIFICATION › Section 4-96.1-12 - Exemptions

Current through June, 2024
The administrator may exempt a device or class of devices
				  from the fee requirements of this chapter when the exemption is in the public
				  interest.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 96.1 - SCHEDULE AND FEES FOR LICENSING DEVICES SUSCEPTIBLE OF COMMERCIAL USAGE, AND MEASURING DEVICES AND MEASUREMENT STANDARDS FOR TESTING OR CERTIFICATION › Table I - Schedule of Annual License Fees (Dated NOVEMBER 25, 2008)

Current through June, 2024
DEVICE DESCRIPTION
UNIT FEE
11/25/2008
11/25/2013
Dispensers, retail level
							 type
Oil/ATF (Automatic transmission fluid) type
$5
$5
Gas pump-each hose and nozzle
5
6
In addition to the above charges for each
							 dispenser, the following charges are applicable to establishments so equipped:
Remote indication or control, per system
25
29
Currency reader operated/credit card operated, per
							 system
25
29
Meters, volumetric
							 indicating
0 up to 50 GPM (Gallons per minute)
25
29
Over 50 up to 100 GPM
50
58
Over 100 up to 1,000 GPM
75
86
Over 1,000 GPM
100
115
Linear measures
Yardstick, tape measures
10
12
Fabric measures
20
23
Wire & cordage measures
20
23
Taximeters
20
23
Scales
0 up to 100 pounds
15
17
Over 100 up to 500 pounds
25
29
Over 500 up to 1,000 pounds
30
35
Over 1,000 up to 9,000 pounds
40
46
Over 9,000 up to 25,000 pounds
120
138
Over 25,000 up to 60,000 pounds
140
161
Over 60,000 up to 100,000 pounds
160
184
Over 100,000 pounds
200
230
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 96.1 - SCHEDULE AND FEES FOR LICENSING DEVICES SUSCEPTIBLE OF COMMERCIAL USAGE, AND MEASURING DEVICES AND MEASUREMENT STANDARDS FOR TESTING OR CERTIFICATION › Table II - Schedule of Calibration Fees (Dated NOVEMBER 25, 2008)

Current through June, 2024
MEASUREMENT STANDARDS
							 DESCRIPTION
UNIT FEE
11/25/2008
11/25/2013
Length standard
Steel tape per calibrated point
$15
$17
Mass standards (ASTM class 3-7
							 and NIST Class F): Charge per standard
10 pounds or less
17
20
Greater than 10 pounds to and including 100 pounds
25
29
Greater than 100 pounds to and including 2500 pounds
51
59
5 kilograms or less
17
20
Greater than 5 kilograms to and including 45 kilograms
25
29
Greater than 45 kilograms to and including 1134
							 kilograms
51
59
Mass standards. Advance
							 Weighing Designs (ASTM class 0, 1, 2): Charge per standard
10 pounds or less
34
39
Greater than 10 pounds to and including 100 pounds
51
59
5 kilograms or less
34
39
Greater than 5 kilograms to and including 50 kilograms
51
59
Volume standards, glassware,
							 flasks and graduated cylinders: Charge per standard
1 gallon or less
50
58
4 liters or less
50
58
Volume standards, metal test
							 measures and provers: Charge per standard
5 gallons or less
80
92
Greater than 5 gallons to and including 15 gallons
160
184
Greater than 15 gallons to and including 200 gallons
320
368
Greater than 200 gallons to and including 1500 gallons
640
736
19 liters or less
80
92
Greater than 19 liters to and including 57 liters
160
184
Greater than 57 liters to and including 757 liters
320
368
Greater than 757 liters to and including 5678 liters
640
736
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 101 - WEIGHING AND MEASURING DEVICES › Section 4-101-1 - Specifications and tolerances; requirements

Current through June, 2024
The National Institute of Standards and Technology handbook,
				  entitled "NIST Handbook 44, 1993, Specifications, Tolerances, and Other
				  Technical Requirements for Weighing § 4-101-1 and Measuring Devices,"
				  hereinafter referred to as "NIST handbook 44" is hereby adopted for use by the
				  division of measurement standards as the specifications, tolerances, and other
				  technical requirements applicable to weighing and measuring devices subject to
				  this chapter.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 101 - WEIGHING AND MEASURING DEVICES › Section 4-101-2 - Weighing and measuring devices; requirements

Current through June, 2024
(a) This
				section applies to any person or government agency using a weighing or
				measuring device in:
(1) Determining the
				measurement of commodities or items bought or sold, or offered or exposed for
				sale, on the basis of measure;
(2)
				Computing the basic charge or payment, including taxes, for services rendered
				on the basis of measure;
(3)
				Determining measurement when a charge is made for such determination;
				or
(4) Official government use for
				the enforcement of laws or for the collection of revenues, fees, or statistical
				information.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 101 - WEIGHING AND MEASURING DEVICES › Section 4-101-3 - Taximeters; position and illumination

Current through June, 2024
(a) Subsection
				UR.2., entitled "Position and Illumination of Taximeter," of section 5.54,
				entitled "Taximeters," of NIST handbook 44 is amended to read: A taximeter
				shall be so positioned, secured, and illuminated that its indications,
				operational markings, and controls of passenger interest can be conveniently
				read by a passenger seated in the back seat of the vehicle. A taximeter shall
				be mounted either:
(1) Directly on the top of
				the dashboard, in an area to the passenger side of the steering wheel beginning
				with a vertical plane, measured six inches from the outermost part of the
				steering wheel, and extending to not less than six inches from the end of the
				dashboard on the passenger side; or
(2) With the entire digital fare readout not
				more than six inches below a horizontal plane extending from the highest point
				of the dashboard, and in an area beginning from a vertical plane six inches to
				the passenger side of the outermost part of the steering wheel and extending to
				not less than six inches from the end of the dashboard on the passenger
				side.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 101 - WEIGHING AND MEASURING DEVICES › Section 4-101-4 - Wheel-load weighers, portable axle-load weighers, and axle-load scales; restricted use

Current through June, 2024
Use of wheel-load weighers, portable axle-load weighers, and
				  axle-load scales shall be permitted only for official use by government
				  agencies in the enforcement of traffic and highway laws and in the collection
				  of statistical information.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 101 - WEIGHING AND MEASURING DEVICES › Section 4-101-5 - Violations

Current through June, 2024
Any person who fails to perform any of the actions required
				  by this chapter, or who uses a weighing or measuring device or a measurement
				  standard in any manner which does not comply with the requirements of this
				  chapter shall be in violation of this chapter.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 101 - WEIGHING AND MEASURING DEVICES › Section 4-101-6 - Severability

Current through June, 2024
If any provision of this chapter is held invalid, the
				  invalidity shall not affect the remainder and, to this end, the provisions of
				  this chapter are severable.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 135 - SEALS OF QUALITY › Section 4-135-1 - Seals of quality; descriptions

Current through June, 2024
(a) There is
				established a standard seal of quality, the design of which is shown m exhibit
				1, entitled "Standard Seal of Quality" and dated 04/01/04, white letters on
				green background, raised gold letters on gold background, and black letters on
				white background, located at the end of this chapter and which is made a part
				of this chapter. This seal may be applied only to:
(1) Fresh agricultural products that have
				been entirely produced in the State and that meet the requirements of section
				4-135-4(1), (2) and(3)
(2)
				Value-added processed agricultural and food products for which the primary
				agricultural product has been entirely produced in the State and that meet the
				requirements of section 4-135-4(2), (3), (4) and(5);
(3) An exception to paragraph (2) may be
				granted, on a case-by-case basis, if the primary agricultural product is not
				readily grown in the State but is grown and readily imported without
				restrictions or prejudice from other locations within the United
				States.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 135 - SEALS OF QUALITY › Section 4-135-2 - Definitions

Current through June, 2024
As used in this chapter:
"Agricultural development division" means the division within
				  the department responsible for the licensing, marketing, and promotion of this
				  chapter.
"Agricultural products" means fruits, vegetables, nuts,
				  coffee, eggs, poultry and poultry products, livestock and livestock products,
				  milk and milk products, silvicultual products, aquacultural and maricultural
				  products, and floricultural and horticultural products.
"Applicant" means a person that applies for a license to use
				  a seal established under this chapter and who shall be responsible for payment
				  of license fees.
"Authorized agent" means the designated division of the
				  department or a non-profit corporation contracted by the department authorized
				  to administer the seal of quality program established under this
				  chapter.
"Authorized user" means a person licensed to use a seal or an
				  agent designated by the authorized user in the application and approved by the
				  department or its authorized agent.
"Department" means the department of agriculture.
"Inspector" means an employee of the department or a person
				  designated by the administrator of the quality assurance division, who is
				  authorized to investigate, sample, inspect, and determine the quality,
				  condition, and origin of fresh and processed agricultural products; to review
				  business records of authorized users; and to, in any other manner, enforce the
				  requirements of chapter 148, part V, HRS, and this chapter.
"Person" means any individual, partnership, corporation, or
				  separate legal entity.
"Primary agricultural product" means the major agricultural
				  product in a processed or value-added agricultural or food product as specified
				  in the licensing agreement.
"Quality" means the properties or attributes of a product
				  that determines its relative degree of excellence.
"Quality assurance division" means the division within the
				  department responsible for the enforcement of this chapter.
"State" means the State of Hawaii.
"Seal" means the seals of quality established under this
				  chapter.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 135 - SEALS OF QUALITY › Section 4-135-3 - Contracts with non-profit corporations

Current through June, 2024
Any contract with a non-profit corporation to implement these
				  rules shall include, but not be limited to, the following provisions:
(1) The required structure of the non-profit
				corporation;
(2) The authority to
				act as an agent for the department;
(3) The transfer of responsibility to fulfill
				certain requirements of this chapter to the authorized agent;
(4) The criteria for displaying the seals as
				specified in section 4-135-1;
(5)
				The license fees to be charged and the terms of licensure; and
(6) The charges for seals supplied to the
				authorized user and other requirements for the reproduction of seals by the
				authorized user.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 135 - SEALS OF QUALITY › Section 4-135-4 - Qualification requirements for use of the seals of quality

Current through June, 2024
General requirements for use of the seals are:
(1) Any fresh unprocessed agricultural
				product shall be entirely produced in the State and its quality shall be at
				least Hawaii Grade A, Hawaii No. 1, U.S. No. 1, or if no grade has been
				established, the quality of the product shall be of the highest quality
				characteristic of that commodity and shall be specified in the licensing
				agreement;
(2) Any fresh or
				processed agricultural or food products to which the seals are applied shall
				meet all applicable state and federal sanitation standards; and the authorized
				user shall within five years or more at the discretion of the Agricultural
				development division from the adoption of these original administrative rules
				obtain the appropriate certifications for GAP (Good Agricultural Practices) and
				GHP (Good Handling Practices), or GMP (Good Manufacturing Practices);
(3) Any fresh or processed agricultural food
				products to which the seals are applied shall be in compliance with all state
				law(s) enacted for specified commodities;
(4) Any value-added processed agricultural or
				food product shall be manufactured, assembled, fabricated, or produced within
				the State and shall have had at least fifty-one per cent of its wholesale value
				added by manufacture, assembly, fabrication, or production within the
				State;
(5) The quality of any
				value-added processed agricultural or food product shall meet all the minimum
				requirements specified by the State or federal laws, rules, or regulations, or
				if none is § 4-135-5 minimum quality standards established by the
				department of its authorized agent in the licensing agreement; and
(6) Minimum quality standards established in
				paragraph (5) shall be applied equally to all like or similar, value-added
				processed agricultural or food products; and the primary agricultural product
				shall be entirely produced in the State, except as provided by section
				4-135-1(a)(3).
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 135 - SEALS OF QUALITY › Section 4-135-5 - Use of the seals of quality and prohibitions

Current through June, 2024
(a) The
				seals established by this chapter shall not be used in a manner contradictory
				to state or federal laws, rules, and regulations including, but not limited to,
				those concerning deceptive acts or practices in commerce.
(b) It shall be unlawful to use a seal in any
				way that identifies products, processes, or establishments not qualified to use
				a seal or that implies that products illegally labeled with a seal possess such
				an endorsement.
(c) Any seal that
				has been incorrectly used shall be corrected by removal or complete
				obliteration of the seal.
(d) All
				packaged products bearing a seal that are offered for sale shall be contained
				in new, clean packaging materials.
(e) All food products bearing a seal shall be
				of good flavor and possess no characteristics that clearly render it an
				inferior product.
(f) The seals may
				be used on products, product containers, in point-of purchase or other
				displays, and in advertising.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 135 - SEALS OF QUALITY › Section 4-135-6 - Application for license, renewal and review

Current through June, 2024
(a) The
				applicant for a license to use the seals adopted under this chapter shall
				submit an application on a form supplied by the department or its authorized
				agent.
(b) The department or its
				authorized agent shall determine whether or not the particular product or
				products, process, or establishment and the applicant can comply with all
				relevant requirements for use of the seals. The applicant shall prove to the
				satisfaction of the department or its authorized agent that the product or
				products, process, or establishment will meet all requirements for use of the
				seals.
(c) The department or its
				authorized agent may reject an application when it is determined that the
				applicant has not demonstrated the ability to consistently comply with the
				requirements for use of the seals. If an application is rejected, the
				department or its authorized agent shall inform the applicant of the rejection.
				An applicant whose application has been rejected may request a review by the
				department or a hearing before the department within thirty days after the
				mailing date of a notice of rejection.
(d) If the application is approved, a license
				authorizing the use of the seals on the product or products, process, or
				establishment named on the application shall be issued and shall include the
				applicable quality standards that must be met. The license is
				non-transferable,
(e) An
				application form for renewal along with the applicable fee shall be submitted
				for renewal of an existing license at least thirty days prior to the expiration
				of the existing license.
(f) The
				department or its authorized agent, upon receipt of an application for a new
				license or for renewal of an existing license, shall issue either of the
				following to the applicant, no later than ninety working days after the date of
				receipt:
(1) The appropriate license, if the
				application for the license is properly completed, the appropriate fees are
				paid, and the applicant meets all requirements for the license; or
(2) A written statement that the application
				is denied and an explanation of the reason for the denial.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 135 - SEALS OF QUALITY › Section 4-135-7 - License for use of the seals of quality; fees

Current through June, 2024
(a) The
				license period and license fees shall be as established under a licensing
				agreement with the authorized agent of the department, or as established by the
				department in subsection (b).
(b)
				In the absence of a contract with an authorized agent, the department may issue
				licensing agreements to use the seals until such time that a contract with an
				authorized agent is established. Any license fees collected by the department
				under this subsection shall be as set forth in section 4-135-8(h) and shall be
				deposited into the general fund or into a designated special fund if
				applicable.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 135 - SEALS OF QUALITY › Section 4-135-8 - Distribution of seals: reproduction

Current through June, 2024
(a) Upon request
				from an authorized user, the authorized agent or the department may make seals
				available at a reasonable cost and in such form as deemed most appropriate for
				the needs of the user.
(b) Seals
				shall not be transferred to, nor used by, any party other than the authorized
				user who requests and purchases these seals.
(c) An authorized user of a seal of quality
				may have the seal reproduced for use on the authorized user's own packages or
				advertisements only after receiving written permission from the department or
				its authorized agent.
(d) When
				requesting written permission to reproduce a seal, the authorized user of the
				sea! shall submit plans, drawings, or samples of the manner in which the seal
				is to be used to the department or its authorized agent for approval.
(e) Permission to reproduce a seal is not
				transferable and any persons reproducing the seal may do so only to the extent
				specified in the written permission.
(f) The seals shall be reproduced exactly as
				shown in exhibits 1,2, or 3 located at the end of this chapter. The size of the
				seals may be expanded or reduced to appropriately fit the use, but in no case
				may the size be so small that the lettering is not legible.
(g) In the absence of written permission to
				reproduce a seal, the department or its authorized agent shall have the
				exclusive right to the reproduction and distribution of the seal.
(h) In the absence of a contract with an
				authorized agent, the department shall charge a reasonable fee for the
				distribution of seals for use by authorized users of the seals. These fees
				shall offset the costs of administering and enforcing the seal of quality
				program and promoting the seals, and any fees collected shall be deposited into
				the general fund or into a designated special fund if applicable.
(i) Program Fees
Application fee (processing):
$50 per application (nonrefundable)
Year 1,2, and 3
Utilizing stickers
105 per cent of the printing cost
Utilizing print images (imprints)
½ cent per impression for product packaging
Year 4 and beyond
Utilizing stickers
110 per cent of the printing cost
Utilizing print images (imprints)
1 cent per impression for product packaging.