reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 135 - SEALS OF QUALITY › Section 4-135-9 - Enforcement penalties, and prosecution

Current through June, 2024
(a) During normal
				business hours, any authorized inspector of the department may enter any public
				or private premises, including any vehicle of transport, to enforce the
				licensing, labeling, and record keeping requirements of this chapter. This may
				include: inspection of products processes, facilities, methods of operation, or
				establishments; auditing any records pertaining to products or processes or use
				of the seal; and to otherwise monitor compliance with this chapter.
(b) The inspector may take, at no charge,
				representative samples of products labeled with the seal established by this
				chapter for inspection.
(c) A
				refusal on the part of an authorized user to cooperate with the department with
				regard to subsections (a) and (b) shall be sufficient grounds for suspension or
				revocation of the license to use the seal.
(d) The department may suspend or revoke the
				license to use the seal when an authorized user violates this
				chapter.
(e) Should a person be
				found in violation of this chapter based upon the investigation conducted in
				subsection (a), the costs of the investigation shall be paid by that person
				based on the number of hours spent in conducting the investigation multiplied
				by the hourly charge established by rule under section
				141-7, HRS, and
				the actual costs of travel, per diem automobile mileage, and any other expenses
				accrued due to the investigation.
(f) Any authorized inspector, upon
				determining that this chapter or part V of chapter 148, HRS, is being violated,
				may place a stop sale notice upon or near the product that is in violation.
				When a stop sale notice is issued:
(1) The
				product shall not be sold, or offered for sale, transferred, moved off the
				premises, or otherwise disposed of until an authorized inspector has removed
				the stop sale notice or written permission is received from the
				department
(2) No person shall
				remove, deface, or otherwise tamper with any stop sale notice except upon
				approval of an authorized inspector; and
(3) A non-compliance notice issued by the
				department indicating the violation and corrective action required shall
				accompany the stop sale notice.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 138 - HAWAII-GROWN CACAO AND HAWAIIAN CHOCOLATE PRODUCTS › Section 4-138-1 - Definitions

Current through June, 2024
As used in this chapter.
"Cacao" or "cacao nibs" means the roasted, cracked, winnowed
				  pieces of the cacao beans.
"Cacao beans" means the fermented and dried seeds of the
				  cacao plant.
"Cacao liquor" means the paste prepared by finely-grinding
				  cacao nibs.
"Chocolate" means the food prepared with cacao, and other
				  essential ingredients such as cocoa butter, sugar, vanilla, lecithin and other
				  flavoring.
"Department" means the department of agriculture.
"Geographic region" means the geographic areas designated as
				  follows:
Hawaii is the State of Hawaii; Hawaii Island is the island
				  of Hawai'i; Kauai is the island of Kaua'i; Maui is the island of Maui; Molokai
				  is the island of Moloka'i; and Oahu is the island of Oahu.
"Hawaii cacao" or "Hawaii cacao nibs" means roasted,
				  cracked, and winnowed pieces of the cacao beans which are grown in the State of
				  Hawaii.
"Hawaii cacao beans" means cacao beans which are grown in
				  the State of Hawaii.
"Hawaii chocolate" means chocolate prepared from Hawaii
				  cacao.
"Hawaii cacao blend chocolate" means chocolate prepared from
				  not less than fifty-one per cent Hawaii-grown cacao regardless of
				  island.
"Hawaii Island cacao" or "Hawaii Island cacao nibs" means
				  roasted, cracked, and winnowed pieces off the cacao beans which are grown in
				  the island of Hawai'i.
"Hawaii Island cacao beans" means cacao beans which are
				  grown in the island of Hawai'i.
"Hawaii Island chocolate" means chocolate prepared from one
				  hundred per cent Hawaii Island cacao.
"Kauai cacao" or "Kauai cacao nibs" means roasted, cracked,
				  and winnowed pieces of the cacao beans which are grown in the island of
				  Kaua'i.
"Kauai cacao beans" means cacao beans which are grown in the
				  island of Kaua'i.
"Kauai chocolate" means chocolate prepared from one hundred
				  per cent Kauai cacao.
"Maui cacao" or "Maui cacao nibs" means roasted, cracked,
				  and winnowed pieces of the cacao beans which are grown in the island of
				  Maui.
"Maui cacao beans" means cacao beans which are grown in the
				  island of Maui.
"Maui chocolate" means chocolate prepared from one hundred
				  per cent Maui cacao.
"Molokai cacao" or "Molokai cacao nibs" means roasted,
				  cracked, and winnowed pieces of the cacao beans which are grown in the island
				  of Moloka'i.
"Molokai cacao beans" means cacao beans which are grown in
				  the island of Moloka'i.
"Molokai chocolate" means chocolate prepared from one
				  hundred per cent Molokai cacao.
"Oahu cacao" or "Oahu cacao nibs" means roasted, cracked,
				  and winnowed pieces of the cacao beans which are grown in the island of
				  Oahu.
"Oahu cacao beans" means cacao beans which are grown in the
				  island of Oahu.
"Oahu chocolate" means chocolate prepared from one hundred
				  per cent Oahu cacao.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 138 - HAWAII-GROWN CACAO AND HAWAIIAN CHOCOLATE PRODUCTS › Section 4-138-2 - Labeling requirements

Current through June, 2024
(a) In addition to
				all other labeling requirements, no identity statement used for labeling or
				advertising cacao, chocolate, or other products produced in whole or in part
				from Hawaii cacao, shall contain the phrase "Hawaii cacao", "Hawaiian cacao",
				"Hawaii chocolate" , or "Hawaiian chocolate", unless:
(1) The product contains cacao ingredients
				made from one or more various geographic regions mentioned above and from no
				other cacao or chocolate flavoring. The phrases "Hawaii cacao", "Hawaiian
				cacao", "Hawaii chocolate" or "Hawaiian chocolate" may be followed by the
				phrase "made with" or "contains", and list each geographic region identified in
				descending order of per cent by weight and expressed as a number followed by a
				per cent and ends with the word "cacao".
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 138 - HAWAII-GROWN CACAO AND HAWAIIAN CHOCOLATE PRODUCTS › Section 4-138-3 - Recordkeeping; inspection

Current through June, 2024
Manufacturers and other persons who package cacao or
				  chocolate products covered in this chapter shall maintain and make available to
				  the department for inspection or copying, for a period of two years, records on
				  the weight and geographic origins of cacao beans purchased and sold and any
				  other record required by the department for the purposes of enforcing this
				  chapter. Authorized employees of the department shall be allowed access to
				  these records upon request during normal business hours.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 138 - HAWAII-GROWN CACAO AND HAWAIIAN CHOCOLATE PRODUCTS › Section 4-138-4 - Penalties

Current through June, 2024
Any person who violates any provision of this chapter may be
				  subject to the actions, procedures, and penalties provided in section
				  486-32,
				  Hawaii Revised Statutes."
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 143 - STANDARDS FOR COFFEE › Section 4-143-4 - REPEALED

Current through June, 2024
The
				  repealed version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2017-01, May,
				  eff.5/27/2017 is
				  not yet available.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 143 - STANDARDS FOR COFFEE › Section 4-143-5 - REPEALED

Current through June, 2024
The
				  repealed version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2017-01, May,
				  eff.5/27/2017 is
				  not yet available.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 143 - STANDARDS FOR COFFEE › Section 4-143-6 - Standards for grades of green coffee

Current through June, 2024
(a) Hawaii Extra
				Fancy green coffee consists of Hawaii beans of one type, which are clean and
				possess a uniformly good green color, good roasting quality, and good aroma and
				flavor when brewed; which do not exceed twelve per cent or which do not contain
				less than nine per cent moisture by weight; which do not exceed eight full
				imperfections per three hundred grams as described in subsection (i); which do
				not exceed three per cent by weight other type beans; and which in the case of
				type I beans meet the minimum size requirement of size 19 and in the case of
				type II beans meet the minimum size requirement of size 13 as stated in
				subsection (j); provided that:
(1) Kona coffee
				which meets the requirements of this subsection may be classified as Kona Extra
				Fancy green coffee. This classification shall apply to Kona coffee
				only;
(2) Kauai coffee which meets
				the requirements of this subsection may be classified as Kauai Extra Fancy
				green coffee. This classification shall apply to Kauai coffee only;
(3) Maui coffee which meets the requirements
				of this subsection may be classified as Maui Extra Fancy green coffee. This
				classification shall apply to Maui coffee only;
(4) Molokai coffee which meets the
				requirements of this subsection may be classified as Molokai Extra Fancy green
				coffee. This classification shall apply to Molokai coffee only;
(5) Oahu coffee which meets the requirements
				of this subsection may be classified as Oahu Extra Fancy green coffee. This
				classification shall apply to Oahu coffee only; and
(6) Hawaii Island coffee which meets the
				requirements of this subsection may be classified as Hawaii Island Extra Fancy
				green coffee. This classification shall apply to Hawaii Island coffee only.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 143 - STANDARDS FOR COFFEE › Section 4-143-7 - REPEALED

Current through June, 2024
The
				  repealed version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2017-01, May,
				  eff.5/27/2017 is
				  not yet available.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 143 - STANDARDS FOR COFFEE › Section 4-143-8 - Provisions for enforcement, penalties and prosecution

Current through June, 2024
(a) Any
				authorized inspector of the department may enter any public or private
				premises, including any vehicle of transport, during business hours to:
(1) Inspect for the quality, condition, and
				origin of coffee; and
(2) Enforce
				the labeling, record keeping, and certification requirements of this
				chapter.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 143 - STANDARDS FOR COFFEE › Section 4-143-9 - Abbreviations

Current through June, 2024
Grade designations on labels for coffee shall be as stated
				  in this chapter except that Hawaii may be abbreviated as "HI." or "Haw." and
				  Extra may be abbreviated as "Ex.", provided that a period need not be used.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 143 - STANDARDS FOR COFFEE › Section 4-143-10 - REPEALED

Current through June, 2024
The
				  repealed version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2017-01, May,
				  eff.5/27/2017 is
				  not yet available.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 143 - STANDARDS FOR COFFEE › Section 4-143-11 - Standards for grades of natural coffee

Current through June, 2024
(a) Hawaii Natural
				Prime coffee consists of Hawaii coffee beans which have been processed from
				cherry coffee that has been dried with the husk on, or which has been processed
				from parchment coffee with adhering mucilage, of one type, which are clean and
				do not exceed thirteen per cent or which do not contain less than eight per
				cent moisture by weight, which do not exceed twenty per cent defective beans,
				by weight, as defined in section
				4-143-6, included therein not more
				than five per cent by weight, black or moldy beans that equal full
				imperfections only, as described in section
				4-143-6(i) (1).
				Sour or stinker beans, or partly sour or partly stinker beans are not
				considered defective beans.
(1) Kona natural
				coffee which meets the requirements of this subsection may be classified as
				Kona Natural Prime coffee. This classification shall apply to Kona natural
				coffee only;
(2) Kauai natural
				coffee which meets the requirements of this subsection may be classified as
				Kauai Natural Prime coffee. This classification shall apply to Kauai natural
				coffee only;
(3) Maui natural
				coffee which meets the requirements of this subsection may be classified as
				Maui Natural Prime coffee. This classification shall apply to Maui natural
				coffee only;
(4) Molokai natural
				coffee which meets the requirements of this subsection may be classified as
				Molokai Natural Prime coffee. This classification shall apply to Molokai
				natural coffee only;
(5) Oahu
				natural coffee which meets the requirements of this subsection may be
				classified as Oahu Natural Prime coffee. This classification shall apply to
				Oahu natural coffee only; and
(6)
				Hawaii Island natural coffee which meets the requirements of this subsection
				may be classified as Hawaii Island Natural Prime coffee. This classification
				shall apply to Hawaii Island natural coffee only.
(7) The defect tolerance of twenty per cent
				defective beans by weight shall be in effect until June 30, 2020. Beginning
				July 1, 2020, the defect tolerance shall be fifteen per cent defective beans by
				weight.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 143 - STANDARDS FOR COFFEE › Section 4-143-12 - Standards for grades of mixed natural coffee

Current through June, 2024
(a)
				Hawaii Mixed Natural Prime coffee consists of a combination of Hawaii green
				coffee beans and Hawaii natural coffee beans which have been processed from
				cherry coffee that has been dried with the husk on, or which has been processed
				from parchment coffee with adhering mucilage, which are clean and do not exceed
				thirteen per cent moisture, by-weight or which do not contain less than eight
				per cent moisture, by weight, which do not exceed twenty per cent defective
				beans, by weight, as defined in section
				4-143-6, included therein not more
				than five per cent by weight, black or moldy beans that equal full
				imperfections only, as described in section
				4-143-6(i) (1).
				Sour or stinker beans, or partly sour or partly stinker beans are not
				considered defective beans.
(1) Kona mixed
				natural coffee which meets the requirements of this subsection may be
				classified as Kona Mixed Natural Prime coffee. This classification shall apply
				to Kona mixed natural coffee only;
(2) Kauai mixed natural coffee which meets
				the requirements of this subsection may be classified as Kauai Mixed Natural
				Prime coffee. This classification shall apply to "Kauai mixed natural coffee
				only; Maui mixed natural coffee which meets the requirements of this subsection
				may be classified as Maui Mixed Natural Prime coffee. This classification shall
				apply to Maui mixed natural coffee only;
(3) Molokai mixed natural coffee which meets
				the requirements of this subsection may be classified as Molokai Mixed Natural
				Prime coffee. This classification shall apply to Molokai mixed natural coffee
				only;
(4) Oahu mixed natural coffee
				which meets the requirements of this subsection may be classified as Oahu Mixed
				Natural prime coffee. This classification shall apply to Oahu mixed natural
				coffee only; and
(5) Hawaii Island
				mixed natural coffee which meets the requirements of this subsection may be
				classified as Hawaii Island Mixed Natural Prime coffee. This classification
				shall apply to Hawaii Island mixed natural coffee only
(6) The defect tolerance of twenty per cent
				defective beans by weight shall be in effect until June 30, 2020. Beginning
				July 1, 2020, the defect tolerance shall be fifteen per cent defective beans by
				weight.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 143 - STANDARDS FOR COFFEE › Section 4-143-13 - Record keeping

Current through June, 2024
(a) Every person
				who produces, processes, transports, or distributes Hawaii-grown cherry,
				parchment, green, or natural coffee shall maintain records of each purchase,
				transport, or sale.
(b) Records
				shall include:
(1) The name, address, and
				telephone number of the seller;
(2)
				The name, address, and telephone number of the buyer;
(3) The name, address, and telephone number
				of the transporter;
(4) The
				quantity of Hawaii-grown coffee purchased, transported, or sold;
(5) The grade of Hawaii-grown coffee
				purchased, transported, or sold, if applicable;
(6) The date of the sale or purchase;
				and
(7) A lot number, tax map key,
				or other identifying mark for each transaction.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 161 - HAWAII-GROWN INDUSTRIAL HEMP › Section 4-161-1 - Definitions

Current through June, 2024
As used in this chapter: "Program" means the industrial hemp
				  pilot program.
"Applicant" means a person that is an individual residing in
				  Hawaii or an institution of higher education, a sole proprietorship,
				  partnership, association, corporation, limited liability corporation, limited
				  liability partnership, or any other business entity having any:
(1) Place of business permanently located
				within the State;
(2) Employees
				permanently assigned to work stations or areas located within the State;
				or
(3) Tangible assets permanently
				located within the State.
"Board" means the board of agriculture or the board's
				  designee.
"Chairperson means the chairperson of the board of
				  agriculture or the chairperson's designee.
"Department" means the department of agriculture.
"Industrial hemp" means the plant Cannabis sativa L. and any
				  part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol
				  concentration of not more than 0.3 per cent on a dry matter basis or a
				  tetrahydrocannabinol concentration allowed by federal law, whichever is
				  greater, that is cultivated.
"Law enforcement" means the federal, state, and local
				  agencies responsible for maintaining public order and enforcing the law.
"Licensed land area" means a contiguous land area registered
				  with the department on which a licensee plans to cultivate industrial hemp. A
				  licensed land area may include land and buildings that are not used for
				  cultivation.
"Licensure" means authorization by the department for any
				  individual or legal entity to grow industrial hemp on a licensed land
				  area.
"Movement" means the shifting of industrial hemp from a
				  licensed land area to another location, or into a licensed land area from
				  another location.
"Seed cultivar" means a variety of industrial hemp.
"Variety" means a group of individual plants that exhibit the
				  same observable physical characteristics of have the same genetic composition.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 161 - HAWAII-GROWN INDUSTRIAL HEMP › Section 4-161-3 - Reports

Current through June, 2024
(a) Pre-planting report. Prior to planting
				any industrial hemp, a licensee shall file for the department's approval, on a
				form provided by the department, a pre-planting report that includes a
				description of the industrial hemp varieties to be planted on the licensed land
				area, and a map showing where they will be planted.
(b) Planting Report. Within ten days after
				planting any industrial hemp in a licensed land area, " each licensee shall
				file, on a form provided by the department, a planting report that includes:
(1) A list or description of all varieties of
				industrial hemp planted, or of volunteer industrial hemp plants that have
				emerged from a previous planting and are not destroyed, within a licensed land
				area; and
(2) The location and
				actual acreage or square feet of each variety of industrial hemp planted, or of
				volunteer industrial hemp plants that have emerged and are not destroyed,
				within a licensed land area;
A planting report shall be filed any time industrial hemp is
				  planted in, moved within, or moved into a licensed land area, except when the
				  industrial hemp is replanted into a larger container within the same indoor
				  location in the licensed land area. Planting reports shall be filed for
				  industrial hemp grown from seed, industrial hemp grown from cuttings, and
				  industrial hemp moved into the licensed land area whether as mature plants or
				  as seedlings.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 161 - HAWAII-GROWN INDUSTRIAL HEMP › Section 4-161-5 - Inspection and sampling

Current through June, 2024
(a) All licensees
				are subject to inspection and sampling of their industrial hemp crop to verify
				that the delta-9-tetrahydrocannibinol concentration does not exceed 0.3 per
				cent on a dry weight basis or a tetrahydrocannabinol concentration allowed by
				federal law, whichever is greater.
(b) During the inspection, the licensee or
				the licensee's authorized representative shall be present at the licensed land
				area and shall provide the department with complete and unrestricted access to
				all industrial hemp plants, plant materials, and seeds within a licensed land
				area whether growing or harvesting, all land, buildings, and other structures,
				and all documents and records pertaining to the licensee's industrial hemp
				growing business.
(c) Sampling of
				industrial hemp shall occur in the following manner:
(1) Individual and composite samples of each
				variety of industrial hemp may be sampled from the growing areas.
(2) Quantitative laboratory determination of
				the delta-9-tetrahydrocannibinol concentration on a dry weight basis shall be
				performed.
(3) A sample test result
				greater than 0.3 per cent of delta-9-tetrahydrocannibinol concentration or a
				tetrahydrocannibinol concentration allowed by federal law, whichever is
				greater, shall be considered conclusive evidence that at least one cannabis
				plant or part of a plant in the growing area contains a
				delta-9-tetrahydrocannibinol concentration over the limit allowed of for
				industrial hemp and that the licensee of that growing area is therefore not in
				compliance with this chapter. Upon receipt of such a test result, the
				department may summarily suspend or revoke the licensee's license. The
				department shall furnish the licensee a portion of the violative sample if the
				licensee requests it in writing within thirty days of the date of the
				department's notification of non-compliance to the licensee.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 161 - HAWAII-GROWN INDUSTRIAL HEMP › Section 4-161-6 - Violations

Current through June, 2024
(a) In addition to any violations of any
				provisions of this chapter, the following acts and omissions by any licensee or
				authorized representative thereof constitute violations for which civil
				penalties up to $500 and disciplinary sanctions, including suspension or
				revocation of a license and cease and desist orders, may be imposed by the
				department:
(1) Refusal or failure by a
				licensee or authorized representative to fully cooperate and assist the
				department with the inspection process;
(2) Failure to provide any information
				required or requested by the department for purposes pursuant to this
				chapter;
(3) Providing false,
				misleading, or incorrect information pertaining to the licensee's cultivation
				of industrial hemp to the department by any means, including but not limited to
				information provided in any application form, report, record, or inspection
				required or maintained pursuant to this chapter;
(4) Growing industrial hemp that when tested
				is shown to have a delta-9-tetrahydrocannibinol concentration greater than 0.3
				per cent on a dry weigh basis or tetrahydrocannabinol concentration allowed by
				federal law, whichever is greater;
(5) Failure to pay any fees or costs, when
				due, that are assessed by the department pursuant to this chapter; or
(6) Possessing, outside of a field of lawful
				cultivation, resin, flowering tops, or leaves that have been removed from the
				hemp plant, provided that the presence of de minimis amount, or insignificant
				number, of hemp leaves or flowering tops in hemp bales that result from the
				normal and appropriate processing of industrial hemp shall not apply to this
				paragraph.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 161 - HAWAII-GROWN INDUSTRIAL HEMP › Section 4-161-7 - Profits

Current through June, 2024
The department shall forego any income or profit that
				  licensees lawfully obtained through the disposition of the licensees"
				  industrial hemp crop, provided that the licensee reports to the
				  department:
(1) Any movement of the
				licensee's hemp plants, plant materials, or seeds outside the licensed
				area;
(2) Any sale of, or benefit
				received in exchange for, the licensee's industrial hemp plants, plant
				materials, or seeds; and
(3) Any
				commercial details of such movement, sale, or exchange for use by the
				department to research the marketability and logistical production of
				industrial hemp in the State.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 161 - HAWAII-GROWN INDUSTRIAL HEMP › Section 4-161-8 - Waiver

Current through June, 2024
(a) If a sample of a licensee's industrial
				hemp tests higher than 0.3 per cent but not more than 1 per cent
				delta-9-tetrahydrocannabinol concentration the licensee may request a waiver to
				the revocation or suspension of its license if the crop is destroyed or
				utilized on the licensed land area in a manner approved and verified by the
				department.
(b) Licensees shall
				have ten days from the date of the notification of a test result higher than
				0.3 per cent but not more than 1 per cent delta-9-tetrahydrocannibinol
				concentration to request a waiver.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 186 - PETROLEUM PRODUCTS ACCOUNTING AND INSPECTION › Section 4-186-1 - 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, any
				  of the provisions of this chapter are severable.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 186 - PETROLEUM PRODUCTS ACCOUNTING AND INSPECTION › Section 4-186-2 - Violation

Current through June, 2024
Any person omitting the required acts or committing the
				  prescribed acts, or delivering a product not in compliance with specifications,
				  or through a device not in compliance with the requirements of this chapter
				  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 - QUALITY ASSURANCE DIVISION › Chapter 186 - PETROLEUM PRODUCTS ACCOUNTING AND INSPECTION › Section 4-186-3 - Applicability

Current through June, 2024
This chapter applies to brake fluids, coolants, petroleum
				  products, additives, and their specifications, and to persons or activities
				  involving these products.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 186 - PETROLEUM PRODUCTS ACCOUNTING AND INSPECTION › Section 4-186-5 - Incorporation of federal general code

Current through June, 2024
National Institute of Standards and Technology Handbook 44
				  and Handbook 130, 2018 Edition are incorporated in and made a part of this
				  chapter.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 186 - PETROLEUM PRODUCTS ACCOUNTING AND INSPECTION › Section 4-186-6 - Specialty additive claims; substantiation

Current through June, 2024
The making of a general or specific claim on the label of a
				  specialty or after-market additive, marketed in the State, shall be
				  substantiated and documented by the manufacturer or distributor, upon written
				  request of the administrator.
(1)
				Failure to support the labeled claim by certified documentation from a
				recognized testing laboratory may result in the product being ordered
				"off-sale" until the documentation is received.
(2) In the absence of any documentation
				supporting the labeled claims, tests may be conducted by the manufacturer or
				distributor in accordance with established procedures of the environmental
				protection agency to verify the label claims. The results of the tests shall be
				submitted to the administrator within one hundred and eighty-one days of
				receipt of the administrator's request.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 186 - PETROLEUM PRODUCTS ACCOUNTING AND INSPECTION › Section 4-186-7 - Compliance with advertising or labeled claims required

Current through June, 2024
Any product subject to this chapter shall satisfactorily
				  perform as advertised or claimed on its label If it is the intent of the
				  manufacturer or distributor to limit or otherwise qualify the product's use,
				  its labeling and advertising shall reflect this fact.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 186 - PETROLEUM PRODUCTS ACCOUNTING AND INSPECTION › Section 4-186-8 - Disposal of noncomplying products

Current through June, 2024
The administrator may dispose of any product subject to this
				  chapter which fails to meet the requirements herein and which, after
				  notification in writing, the manufacturer or distributor has failed to effect
				  remedial action."
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 186 - PETROLEUM PRODUCTS ACCOUNTING AND INSPECTION › Section 4-186-10 - Specifications for petroleum products

Current through June, 2024
The following specifications shall apply to petroleum
				  products intended for consumer use:
(1) Automotive gasoline shall conform to ASTM
				D4814-07B, class C volatility only, adopted on December 7, 2007;
(2) Aviation gasoline shall conform to ASTM
				D910-17, as published in annual book of ASTM standards, section 5, 2017
				edition;
(3) Diesel fuel oils shall
				conform to ASTM D396-17, as published in 2017 annual book of ASTM standards,
				section 5, 2017 edition;
(4) Fuel
				oils shall conform to ASTM D396-17, as published in 2017 annual book of ASTM
				standards, section 5, 2017 edition;
(5) Hydrocarbon dry-cleaning solvent shall
				conform to ASTM D23 5-02, as published in2012 annual book of ASTM standards,
				part 23, 2012 edition;
(6)
				Kerosene shall conform to ASTM D3699-13, as published in 2013 annual book of
				ASTM standards section 5, 2013 edition;
(7) Jet aviation turbine fuel shall conform
				to ASTM D6615-15a, as published in 2015 annual book of ASTM standards, section
				5, 2015 edition;
(8) Liquefied
				petroleum gas shall conform to ASTM D1835-16 as published in 2016 annual book
				of ASTM standards, section 5, 2016 edition;
(9) Denatured fuel ethanol for blending with
				gasoline for use in automotive spark-ignition engines shall conform to ASTM
				D4806-07, as published in 2008 annual book of ASTM standards, section 5 2008
				edition;
(10) Gasoline blended with
				denatured fuel ethanol shall be blended under any of the following three
				options:
(A) The base gasoline used in such
				blends shall meet the requirements of ASTM D4814-13b;
(B) The blend shall meet the requirements of
				ASTM D4814-13b; or
(C) The base
				gasoline used in such blends shall meet all the requirements of ASTM D4814-013b
				except distillation, and the blend shall meet the distillation requirements of
				the ASTM 4814-013b specification; and
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 186 - PETROLEUM PRODUCTS ACCOUNTING AND INSPECTION › Section 4-186-11 - Brake fluid

Current through June, 2024
The following appropriate specification shall apply to brake
				  fluid, its containerization, labeling, handling, and dispensing:
(1) Motor vehicle brake fluid shall conform
				to SAE J1703, as published in SAE handbook, 2016 edition;
(2) Motor vehicle brake fluid container
				compatibility shall conform to SAE J75, as published in SAE handbook, 2006
				edition; and
(3) Production,
				handling, and dispensing of motor vehicle brake fluid shall conform to SAE
				J1703, as published in SAE handbook, 2017 edition.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 186 - PETROLEUM PRODUCTS ACCOUNTING AND INSPECTION › Section 4-186-12 - Automotive antifreeze coolants and coolants

Current through June, 2024
The following specifications shall apply to automotive
				  antifreeze coolants and automotive coolants:
Automotive antifreeze coolants and automotive coolants shall
				  be of the ethylene-glycol type and shall conform to SAE J1034, as published in
				  SAE handbook, part 1, 2000 edition.
(1) The minimum concentration of
				ethylene-glycol permitted in an automotive coolant offered for retail sale in
				the State shall be at least ninety percent by volume; and
(2) The label of the container of an
				automotive antifreeze coolant and automotive coolant shall disclose the minimum
				ethylene-glycol content, as a volume percent of the coolant.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 186 - PETROLEUM PRODUCTS ACCOUNTING AND INSPECTION › Section 4-186-13 - Lubricants

Current through June, 2024
The following specifications shall apply to
				  lubricants:
(1) Engine oil performance
				and engine service classification shall conform to SAE J183, as published in
				SAE handbook, part 1, 2017 edition;
(2) Engine oil viscosity classification shall
				conform to SAE J300, as published in SAE J300, as published in SAE handbook,
				part 1, 2015 edition;
(3) Engine
				oil tests shall conform to SAE J304, as published in SAE handbook, part 1, 2
				016 edition;
(4) Physical and
				chemical properties of engine oils shall conform to SAE J357, as published in
				SAE handbook, part 1, 2016 edition;
(5) Automotive lubricating greases shall
				conform to SAE J310, as published in SAE handbook, part 1, 2005
				edition;
(6) Automatic transmission
				fluid shall conform to SAE J311, as published in SAE handbook, part 1, 2000
				edition; and
(7) Axle and manual
				transmission lubricants shall conform to SAE J308, as published in SAE
				handbook, part 1, 2007 edition.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 186 - PETROLEUM PRODUCTS ACCOUNTING AND INSPECTION › Section 4-186-14 - Hawaii standard petroleum measurement tables

Current through June, 2024
(a) The density and
				volume of petroleum products shall be determined, verified, and delivered in
				accord with the appropriate Hawaii standard petroleum measurement
				table.
(b) It shall be the
				responsibility of a petroleum product supplier, as relates to the temperature
				and density of petroleum products marketed intrastate, to constantly monitor
				and display these characteristics and conditions, for inclusion by the
				measuremaster, on all certificates of measure posted, at all rack meter loading
				facilities.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - QUALITY ASSURANCE DIVISION › Chapter 186 - PETROLEUM PRODUCTS ACCOUNTING AND INSPECTION › Section 4-186-15 - Stay or delay of requirements

Current through June, 2024
The chairperson may, for reasons of supply, stay, postpone,
				  delay the effective date, or set aside any requirement of this chapter, under
				  emergency controlled conditions, for a period not to exceed one hundred and
				  eighty days.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 1 - ADMINISTRATION › Section 4-153-2 - Administration of agricultural park program

Current through June, 2024
Responsibility for the administration of the agricultural
					 park program shall be placed within the agricultural resource management
					 division, under the direction of the administrator.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 1 - ADMINISTRATION › Section 4-153-3 - Powers

Current through June, 2024
(a) The administrator shall have the power
				  to:
(1) Accept and process applications for
				  agricultural park leases;
(2)
				  Disapprove agricultural park lease applications when the prospective applicant
				  is unable to meet the requirements of the agricultural park program or the
				  criteria for the particular lease disposition;
(3) Recommend for board action the
				  disposition of agricultural park lands to qualified applicants;
(4) Collect rents, assessments, and other
				  fees and charges;
(5) Recommend for
				  board action cancellation of leases where due notice of breach or default has
				  been provided;
(6) Issue
				  non-renewable dispositions granting easements, permits and rights of entry for
				  a period not in excess of fourteen days for use consistent with the purposes of
				  this chapter;
(7) Administer and
				  manage the agricultural park special fund; and
(8) Recommend for board action lease rentals
				  as provided in section 4-153-18.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 1 - ADMINISTRATION › Section 4-153-4 - Right to inspect

Current through June, 2024
The administrator or the administrator's authorized
					 representative has the right to inspect, at reasonable hours, the leased
					 property in an agricultural park, and the improvements, crops, livestock,
					 equipment, chattels, books, and records of the lessee in connection with the
					 administration of the lease.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 1 - ADMINISTRATION › Section 4-153-5 - Application for leases

Current through June, 2024
(a) Unless
				  otherwise provided in a public notice of disposition of agricultural park
				  lands, the applicant shall file an application with the department at the
				  following location:
Agricultural Resource Management Division
State Department of Agriculture
1428 South King Street
Honolulu, Hawaii 96814
Mailing address: P. O. Box 22159
Honolulu, HI 96823-2159
(b) The applicant shall file an application
				  on forms furnished by the department, together with any supporting
				  documentation required to verify qualification. Financial statements in a
				  format acceptable to the department are required as part of the
				  application.
(c) The department
				  shall require a completed application for review and shall notify the applicant
				  of a deficient application. If the applicant fails to provide the necessary
				  documentation or correction within ten (10) days of notification of deficiency,
				  the application shall be deemed incomplete and disapproved.
(d) Each applicant shall authorize the
				  department in writing to verify the applicant's qualifications and any other
				  information submitted.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 1 - ADMINISTRATION › Section 4-153-6 - Fees and charges

Current through June, 2024
(a) Fees for the
				  processing of public documents and records shall be charged as follows:
(1) Lease, Assignment of Lease, Sublease,
				  Consent to Mortgage, Collateral Agreement, and all other documents:
				  $30.00/document
(2) Copy of public
				  document: $.50/page
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 1 - ADMINISTRATION › Section 4-153-7 - Report on all dispositions

Current through June, 2024
The department shall submit, as part of its annual report
					 required by section
					 141-1(7),
					 Hawaii Revised Statutes, a report on all dispositions made in the preceding
					 year, the persons to whom made, the size of each disposition, the use, the tax
					 map key number, the base rental and any additional rental, and method of
					 disposition.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 2 - PLANNING AND DEVELOPMENT › Section 4-153-8 - Planning

Current through June, 2024
(a) The division from time to time shall:
(1) Reassess the agricultural park program
				  and define new directions and priorities for the program;
(2) Identify and analyze potential
				  agricultural parks required to support the development of agricultural
				  industries in the State; and
(3)
				  Select and recommend suitable sites for future agricultural park projects to
				  meet the needs of agricultural commodity industries.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 2 - PLANNING AND DEVELOPMENT › Section 4-153-9 - Development

Current through June, 2024
The division shall cause agricultural park infrastructure
					 improvements approved by the board to be established, improved, operated, and
					 maintained.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 3 - JOINT VENTURES › Section 4-153-10 - Development of joint ventures

Current through June, 2024
(a) As provided by
				  section
				  166-5, Hawaii
				  Revised Statutes, the board may enter into a partnership agreement with a
				  federal agency, a county, or a private party for development and subdivision of
				  an agricultural park, which may include irrigation systems.
(b) "Partner" means a person, firm,
				  corporation, partnership, association, trust, or other legal entity, or a
				  combination of any thereof, who or which has experience in the development and
				  subdivision of land for agricultural or aquacultural uses and has the financial
				  ability satisfactory to the board to develop, and subdivide land and enter into
				  a joint venture as provided in this section.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 3 - JOINT VENTURES › Section 4-153-11 - Planning; joint ventures

Current through June, 2024
(a) Prior to
				  entering into a partnership agreement, the board shall:
(1) Determine:
(A) Whether the lands shall be developed by
				  disposition or contract;
(B) The
				  location, area, and size of the lands to be developed;
(C) The use or uses to which the lands shall
				  be put;
(D) The estimated period of
				  time to construct and complete the development;
(E) Minimum requirements for on-site and
				  off-site improvement, if any; and
(F) Such other terms and conditions as shall
				  be deemed necessary by the board;
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 4 - ELIGIBILITY REQUIREMENTS › Section 4-153-13 - General eligibility requirements for agricultural park lands

Current through June, 2024
(a) Any person shall be eligible to apply for
				  an agricultural park lease if the person:
(1)
				  Is a citizen of the United States who has resided in the State for at least
				  three years or is a permanent status alien who has resided in the State for at
				  least five years; and
(2) Is a bona
				  fide farmer or new farmer as defined in this chapter;
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 4 - ELIGIBILITY REQUIREMENTS › Section 4-153-14 - Permanent register for agricultural park lands

Current through June, 2024
The administrator shall establish and maintain a register
					 in which all persons desiring to acquire agricultural park lands may register.
					 The administrator shall determine the information required from each registrant
					 and may establish a criteria for registration.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 8 - DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT › Chapter 153 - AGRICULTURAL PARK PROGRAM RULES › Subchapter 5 - QUALIFICATIONS OF APPLICANTS › Section 4-153-15 - All applicants

Current through June, 2024
(a) In addition to
				  satisfying the general eligibility requirements of section 4-153-13, all
				  agricultural park applicants shall qualify as bona fide farmers or new farmers,
				  as defined, and shall demonstrate ability to perform the lease terms and shall
				  provide the following information, at a minimum, to the department:
(1) A resume with periods of farming
				  experience identified by month and year;
(2) A preliminary plan of utilization and
				  development of agricultural park land, including a financial projection of the
				  estimated cost of the development;
(3) State and county tax clearances including
				  general excise tax;
(4) An
				  affidavit that the applicant is not delinquent in any obligation to the State
				  or any of its political subdivisions and that the applicant has not had a sale,
				  lease, license, permit or easement covering public land canceled for failure to
				  satisfy any terms or conditions thereof;
(5) A financial statement, in the format
				  outlined in the application instructions, including a balance sheet current
				  within six months; and
(6) Copies
				  of state income tax returns for the last five years.