reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 72 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT INTRASTATE RULES › Section 4-72-5 - Examples of regulated pests

Current through June, 2024
Examples of pests for the purposes of §
									4-72-4 shall include, but not be
				  limited to the following:
(1) Oriental
				beetle -
Anomala
orientalis
Waterhouse, a serious insect pest of sugarcane;
(2) Fern weevil -
Syagrius
fulvitarisis
Pascoe,
				an insect pest injurious to fern plants;
(3) Giant African snail -
Achatina
fulica
Bowdich, a
				serious pest of horticultural and vegetable crops;
(4) Cactus mealybug -
Dactylopius
opuntiae
(Cockerell) and other insects feeding on
opuntia
spp.
				Of cactus, pests injurious to cactus utilized for forage or ornamental
				purposes;
(5) Hunting billbug -
Sphenophorus
venatus
vestitus
Chittenden, a serious insect pest of turf and
				range grasses;
(6) Coconut scale -
Aspidiotus
destructor
Signoret, a serious insect pest of palms, bananas, and more than 400 more
				plants;
(7) Sugarcane smut -
Ustilago
Scitaminea
Syd., a
				serious fungus disease of sugarcane;
(8) Papaya mosaic, a serious virus disease of
				papaya;
(9) Orange spiny whitefly -
Aleurocanthus
spiniferus
(Quaintance), a serious insect pest of rose and citrus;
(10) Bristly rose slug -
Cladius
differmis
Panzar, a
				pest injurious to the ros plant;
(11) Croton whitefly -
Orchamplatus
mammaeferus
(Quaintance and Baker), a serious insect pest of croton and citrus;
(12) Anthurium whitefly -
Aleurotulus
sp., a serious insect pest of
				anthurium;
(13) An anthurium
				whitefly -
Crenidorsum
sp., a serious insect pest of
				anthurium, philodendron, and monstera;
(14) Eurasian pine aphid -
Pineus
pini
Koch, a serious
				insect pest of pine;
(15) Fiery
				skipper -
Hylephila
phyleus
Drury, a serious pest of turf and pasture grasses and ornamental sedges
				,-
(16) Taro root aphid -
Pemphigus
sp., a serious pest of dryland taro;
				and
(17) Eucalyptus canker -
Cryphonectria
cubensis
(Bruner) Hodges, a serious disease of Eucalyptus spp.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 72 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT INTRASTATE RULES › Section 4-72-6 - Restrictions on sugarcane

Current through June, 2024
(a) Transportation
				of sugarcane plants and parts thereof including leaves, roots, and cuttings
				which are hosts of the oriental beetle and sugarcane smut disease shall be
				prohibited from an infested area to a restricted area for the oriental beetle
				and sugarcane smut disease except by permit pursuant to subsection
				(b).
(b) A permit may be issued by
				the chief to the Hawaiian Sugar Planters' Association (HSPA) and to persons
				conducting research under the auspices of the HSPA for the transportation of a
				limited quantity of sugarcane plants and parts from an infested area to a
				restricted area for the oriental beetle or sugarcane smut disease.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 72 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT INTRASTATE RULES › Section 4-72-7 - Restrictions on soil, sand, and animal manure

Current through June, 2024
(a)
				Transportation of the following is prohibited from an infested island to a
				restricted island for the oriental beetle.
(1)
				Soil, sand contaminated with visible amounts of soil, and animal manure in bulk
				shipment or in individual containers except by permit issued pursuant to
				subsection (b); and
(2) A plant in
				soil, sand, or artificial planting media except;
(A) A plant from a certified
				nursery;
(B) A plant from a
				commercial nursery located 1/4 mile or further from a field planted in
				sugarcane;
(C) A plant that has
				been verified by an inspector as grown in a locality 1/4 mile or further from a
				field planted in sugarcane;
(D) A
				plant that has been treated with an appropriate soil pesticide;
(E) A plant that has been bare-footed;
				or
(F) Orchid plants in cinders,
				hapuu or other artificial planting media.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 72 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT INTRASTATE RULES › Section 4-72-8 - Restrictions on transport, harboring, rearing, or breeding of pests

Current through June, 2024
(a) The transport, harboring, rearing, or
				breeding of any pest defined in §
									150A-2, Hawaii
				Revised Statutes is prohibited except under safeguards in an area infested by
				the pest involved for research, testing, or educational purposes by:
(1) The plant pest control branch;
(2) An agency, school, or university via
				permit issued by the chief.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 72 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT INTRASTATE RULES › Section 4-72-9 - Restrictions on dasheen and taro corms

Current through June, 2024
Transportation of dasheen and taro corms are prohibited from
				  an infested island to a restricted island for taro root aphid except:
(1) Taro corms consigned to a poi factory or
				other food processing plant;
(2)
				Dasheen and taro corms consigned to produce wholesalers, supermarkets, retail
				food stores, and restaurants;
(3)
				Taro corms verified as wetland taro; and
(4) Taro consigned to individuals for food
				preparation with the corm's "huli" removed.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 72 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT INTRASTATE RULES › Section 4-72-10 - Restrictions on papaya and cucurbit

Current through June, 2024
Transportation of papaya and cucurbit (plants in the family
				  cucurbitaceae) plants and plant parts except seed and fruit are prohibited from
				  an infested area to. a restricted area for papaya mosaic virus
				  disease.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 72 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT INTRASTATE RULES › Section 4-72-11 - Restrictions on banana

Current through June, 2024
(a) Transportation
				of banana plants and plant parts except fruits is prohibited from the island of
				Oahu and from the North Kona and South Kona Districts on the island of Hawaii,
				which are banana bunchy top virus infested areas, to other islands and
				localities within the State except by permit pursuant to subsection
				(b).
(b) A permit to allow
				transportation of banana plants and plant parts from an infested area may be
				issued by the chief subject to permit conditions established by the board to
				prevent the movement of banana bunchy top virus from banana bunchy top virus
				infested areas. The chief may, without submitting a permit application to the
				board, approve the issuance of a permit with conditions previously mandated by
				the board upon the chief's determination that, for the proposed transport, the
				previously established conditions are adequate to preserve the
				quarantine.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 72 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT INTRASTATE RULES › Section 4-72-12 - Restrictions on coffee

Current through June, 2024
(a) Transportation
				of coffee plants and parts thereof, including unroasted seeds (green coffee
				beans), used coffee bags, and coffee harvesting equipment, including baskets,
				sacks, or containers, is prohibited from a coffee berry borer infested area to
				a coffee berry borer restricted area except by permit pursuant to subsection
				(b).
(b) A permit may be issued by
				the chief for the transportation of a commodity or item listed in subsection
				(a) , with conditions established by the chief appropriate for each of the
				following circumstances:
(1) Coffee plants
				and plant parts for propagation when subject to treatment with an approved
				pesticide, and grown and monitored in quarantine for a period of not less than
				one year at a state facility;
(2)
				Coffee plants and plant parts that have been shipped using safeguards approved
				by the chief to an approved facility for research purposes;
(3) Roasting of green coffee beans that have
				been subjected to treatments approved by the chief;
(4) Roasting of untreated green coffee beans
				that have been shipped using safeguards approved by the chief to an approved
				facility that is located at least 5 miles away from a commercial coffee growing
				area;
(5) Used coffee bags that
				have been subjected to treatments approved by the chief; or
(6) Coffee harvesting equipment that has been
				subjected to treatments approved by the chief.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 73 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT EXPORT RULES › Section 4-73-1 - Objective

Current through June, 2024
The objective of this chapter is to implement the
				  requirements of chapter
				  150A, Hawaii Revised Statutes, by
				  providing for export plant and plant products inspectional and disinfestation
				  treatment services that meet the requirements of the state or country of
				  destination.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 73 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT EXPORT RULES › Section 4-73-2 - Definitions

Current through June, 2024
As used in this chapter:
"Branch" means the plant quarantine branch;
"Burrowing nematode" means Radopholus similis;
"Certified nursery" means a plant nursery authorized by the
				  department to certify plants;
"Certify" means to indicate by an official, printed
				  certificate or rubber stamp that the content of a sealed container is
				  apparently free of burrowing nematode and/or other quarantine pests;
"Chief" means chief of the plant quarantine branch;
"Inspection office" means plant quarantine offices located at
				  701 Ilalo Street, Honolulu; 4398 Pua Loke Street, Lihue; 16E Lanikaula Street,
				  Hilo; and 635 Mua; Street, Kahului;
"Office hours" means the period of hours from 7:45 a.m. to
				  4:30 p.m., monday to friday inclusive, except official state holidays;
"Plant" means plant or plant parts thereof, including rooted
				  or calloused bulbs and cuttings;
"Quarantine pests" means any insect, disease agent, or other
				  organisms causing or capable of causing injury or damage to any plant or parts
				  thereof; and
"Test" means to determine the presence or absence of a
				  burrowing nematode by laboratory test.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 73 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT EXPORT RULES › Section 4-73-3 - Export inspection and fumigation services

Current through June, 2024
(a) The
				department shall provide the following services:
(1) Plant inspection and
				certification;
(2) Plant and fruit
				fumigation;
(3) Burrowing nematode
				testing; and
(4) Nursery
				certification.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 73 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT EXPORT RULES › Section 4-73-4 - plant inspection and certification

Current through June, 2024
(a) Plant
				inspection and certification services shall be conducted at the inspection
				offices on Hawaii, Kauai, Maui and Oahu during office hours.
(b) A plant or plant material shall be
				brought to the inspection office with a container in which the material can be
				completely enclosed. The container shall also be suitable for sealing with
				gummed tape.
(c) An inspection
				shall be conducted in accordance with the import rule of the domestic state or
				foreign country of destination.
(d)
				A plant or plant material may be required to be fumigated, treated with
				pesticide, washed free of soil or tested for burrowing nematodes as mandated by
				applicable rule.
(e) A plant or
				plant material shall not be certified until it has been determined that the
				requirement of the applicable rule has been met.
(f) A plant or plant material to be certified
				shall be packed, sealed and stamped at the inspection office When required, an
				appropriate federal or state phytosanitary certificate shall be
				issued.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 73 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT EXPORT RULES › Section 4-73-5 - Plant and fruit fumigation

Current through June, 2024
(a) Fumigation
				services shall be conducted at the inspection offices on Oahu, Hawaii and Kauai
				provided that the services may be suspended when the fumigation chamber, is
				inoperable or when there is a malfunction of the chamber or other mechanical
				part that results in unsafe conditions for the plant quarantine
				staff.
(b) A schedule of fumigation
				shall be established and posted in a conspicuous place at an inspection
				office.
(c) Appropriate fees
				pursuant to § 4-73-10 shall be charged for fumigation services.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 73 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT EXPORT RULES › Section 4-73-6 - Burrowing nematode test

Current through June, 2024
(a) Burrowing
				nematode testing service shall be conducted at the inspection offices on Oahu,
				Hawaii, Kauai and Maui provided that plants accepted for testing on any given
				day shall be limited to the testing capacity of the respective island
				laboratory.
(b) A request for test
				consisting of less than one hundred plants shall be accepted daily on a first
				come, first served basis subject to the limitation in paragraph (a) A request
				for test consisting of over one hundred plants shall be accepted for testing by
				prior arrangements made about seven days in advance of the testing
				date.
(c) Plants submitted for
				testing shall be free of soil or other planting media and shall have sufficient
				roots for a valid test. Plants determined by an inspector to have insufficient
				roots may be rejected for testing.
(d) Plants shall be left at the inspection
				office for the test duration of four to seven working days. Plants shall be
				submitted for testing far in advance of date of departure or shipping date to
				make allowance for test duration.
(e) Plants shall be submitted at the risk of
				the owner as test procedure requires the removal of representative samples of
				roots that have unpredictable effects on plant life including death in extreme
				cases
(f) The department or its
				employees shall not be held responsible for any loss, theft, or adverse
				condition of any plant submitted and retained for testing at the inspection
				office.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 73 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT EXPORT RULES › Section 4-73-7 - Nursery certification

Current through June, 2024
(a) In lieu of
				certification of plants at the inspection office, the department may authorize
				a commercial plant nursery to self certify plants grown under specific
				conditions set forth in a memorandum of agreement executed by the
				nursery-operator and the department.
(b) Compliance to the conditions in the
				memorandum of agreement shall be determined by certification inspections
				conducted by the department. Certification inspections shall be conducted prior
				to initial nursery certification and at intervals of six months thereafter.
				Other additional certification inspection may be conducted between the
				six-month interval.
(c) An official
				certification stamp shall be issued to each certified nursery with a
				distinctive identifying number. The cost of the stamp shall be borne by the
				nursery but the stamp shall remain under control of the department. The stamp
				shall be surrendered to the department upon termination, suspension, or
				revocation of a nursery certification.
(d) Unless otherwise terminated, suspended,
				or revoked, a nursery certification shall be valid for six months and may be
				renewed as determined by certification inspection.
(e) A nursery certification may be
				permanently or temporarily terminated upon written request and upon surrender
				of the certification stamp to the department.
(f) A nursery certification may be suspended
				under the following conditions:
(1) Upon
				receipt of an out-of-state rejection notice for a quarantine pest; or
(2) Upon discovery of a quarantine pest at
				the certified nursery; or
(3) When
				any of the conditions stipulated in the memorandum of agreement is not being
				complied with; or
(4) Upon
				discovery of a quarantine pest in or on a pre-packaged certified product being
				offered for sale;
Provided that the suspension shall be in effect until the
				  deficiencies are corrected and verified by inspection.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 73 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT EXPORT RULES › Section 4-73-8 - Nursery inspection fee

Current through June, 2024
(a) A nursery
				inspection fee shall Include a charge of twenty dollars for nurseries carrying
				less than ten thousand plants, forty dollars for nurseries carrying more than
				ten thousand plants, and a mileage charge of twenty cents a mile computed from
				the respective county inspection office to the nursery.
(b) A nursery inspection fee shall be
				assessed for each:
(1) Nursery certification
				and re-certification inspection including burrowing nematode root sampling. An.
				additional fee shall not be assessed when more than one day is required to
				complete the inspection and sampling.
(2) Follow-up inspection required to correct
				deficiencies found in a certification inspection and an inspection to remedy
				out-of-state rejections for quarantine pests. A fee shall be charged for each
				day or fraction of a day required for the inspection.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 73 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT EXPORT RULES › Section 4-73-9 - Burrowing nematode testing fee

Current through June, 2024
(a) A fee for a
				burrowing nematode laboratory test on plants submitted at the inspection office
				shall be two dollars for each group of six plants or fraction thereof. Plants
				submitted in excess of ninety-six plants by any individual may. be combined
				into composite samples of five plants and tested at the rate of two dollars for
				each group of six composite samples or fraction thereof.
(b) Root samples from certified nursery
				plants submitted for testing in conjunction with nursery certification or
				re-certification inspection may be grouped in a composite sample and tested at
				the rate of two dollars for each thirty plants or fraction thereof. Any number
				of root cuttings may be combined for each composite sample but the fee shall
				apply regardless of the number of composite samples tested.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 73 - PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT EXPORT RULES › Section 4-73-10 - Export fumigation fees

Current through June, 2024
(a) A fee for
				export fumigation shall be for each lot two dollars for vault use and an
				additional charge of twenty cents for each cubic foot with no proration of
				fees.
(b) A fee for unscheduled
				fumigation shall be for each lot two dollars for vault use and an additional
				charge of twenty cents per cubic foot for thirty percent volume capacity of the
				vault or tank in use with no proration of fees.
(c) For unscheduled fumigation requiring the
				services of personnel beyond normal office hours, an additional fee shall be
				assessed which shall include applicable charges for overtime wages, fixed
				charges for personnel services, and meals.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 87.1 - VOLUNTARY REGISTRATION OF SERVICE PERSONS OR SERVICE AGENCIES › Section 4-87.1-1 - 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 87.1 - VOLUNTARY REGISTRATION OF SERVICE PERSONS OR SERVICE AGENCIES › Section 4-87.1-2 - Violations

Current through June, 2024
(a) It shall be a violation of this chapter
				for any person to:
(1) Use for any purpose a
				measure or measurement standard which has not been certified as required under
				section 4-87.1-13;
(2) Install or
				return to service any measure or measurement standard which has not been
				approved as to type by the administrator;
(3) Install or return to service any measure
				or measurement standard which does not comply with all requirements of this
				chapter;
(4) Affix a seal to a
				measure until the measure has been tested and found to comply with all
				requirements of this chapter;
(5)
				Fail to properly execute and submit to the administrator the placed-in-service
				report required under section 4-87.1-12;
(6) Adjust any measure to other than as
				closely as practicable to zero error or make any adjustment that would favor
				any party;
(7) Fail to submit
				measurement standards and measures for examination and certification as
				required under section 4-87.1-13.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 87.1 - VOLUNTARY REGISTRATION OF SERVICE PERSONS OR SERVICE AGENCIES › Section 4-87.1-3 - Applicability

Current through June, 2024
This chapter applies to any person who, for consideration or
				  payment of any kind, alters the state of any component of a measure or
				  measurement standard or its performance, and who voluntarily registers with the
				  administrator.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 87.1 - VOLUNTARY REGISTRATION OF SERVICE PERSONS OR SERVICE AGENCIES › Section 4-87.1-4 - Definitions

Current through June, 2024
As used in this chapter:
"Acceptance tolerance" establishes limits of inaccuracy
				  permissible for measures susceptible of commercial usage. Acceptance tolerance
				  applies to a new or newly overhauled or newly installed or adjusted measure,
				  and is smaller than the maintenance tolerance, usually by one-half.
"Administrator" means the administering officer of the
				  quality assurance division, or any qualified person so designated by the
				  chairperson of the board of agriculture.
''Certificate of conformance" means a document issued by the
				  National Institute of Standards and Technology based on testing in
				  participating laboratories and constitutes evidence of conformance of a type
				  with the requirements of the National Institute of Standards and Technology
				  Handbook 44,
				  105-1,
				  105-2, or
				  105-3.
"Department" means the department of agriculture.
"Maintenance tolerance" establishes the limits of inaccuracy
				  within which measures susceptible of commercial usage shall perform, and beyond
				  which the use of such measure becomes unlawful. The maintenance tolerance
				  applies to measures which have been in use for more than thirty days.
"Measure" includes all measures of every kind, including but
				  not limited to weight, mass, length, volume, time, and count; instruments and
				  devices for weighing, measuring, or counting; and appliances and accessories
				  associated with any such instruments and devices.
"Measurement standards" includes any standard, definition,
				  model, reference, or measurement relating to metrology including but not
				  limited to weights and measures, artifacts, and reproducible definitions of a
				  unit of measure and their applicable tolerances including those of the
				  International Standards, and definitions of a lot size, sample, and tolerances
				  as related to statistical inspection.
"Registered service person" means a person who, for
				  consideration or payment of any kind, alters the state of any component of a
				  measure or measurement standard or its performance, and who voluntarily
				  registers with the administrator.
"Seal" means the sign, symbol, or object placed upon a
				  measure to indicate that it has been inspected and tested by the administrator
				  or registered service person and found to be in compliance with all applicable
				  requirements.
"Susceptible of commercial usage" includes persons, things,
				  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 their documentation,
				  including the establishing of a basis for taxes due.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 87.1 - VOLUNTARY REGISTRATION OF SERVICE PERSONS OR SERVICE AGENCIES › Section 4-87.1-5 - Incorporation of federal general code

Current through June, 2024
National Institute of Standards and Technology HANDBOOK 44
				  2008 Edition is incorporated in and made a part of this
				  chapter.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 87.1 - VOLUNTARY REGISTRATION OF SERVICE PERSONS OR SERVICE AGENCIES › Section 4-87.1-6 - Qualifications

Current through June, 2024
A service person who is able to satisfactorily demonstrate
				  the following qualifying abilities may apply to the administrator for
				  registration:
(1) Is fully qualified
				to install, service, repair, relocate, or recondition a measure;
(2) Has a thorough working knowledge of
				applicable measurement standards laws, rules, procedures, and orders;
				and
(3) Has possession of, or
				available for use, measurement standards or measures appropriate in design,
				adequate in amount, and currently certified as correct by the
				administrator.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 87.1 - VOLUNTARY REGISTRATION OF SERVICE PERSONS OR SERVICE AGENCIES › Section 4-87.1-7 - Reciprocity

Current through June, 2024
The administrator may accept a certificate of registration
				  from an individual or a representative of a service agency from another state
				  which is a party to a similar voluntary registration program.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 87.1 - VOLUNTARY REGISTRATION OF SERVICE PERSONS OR SERVICE AGENCIES › Section 4-87.1-8 - Voluntary registration

Current through June, 2024
A person may apply for registration by using the form
				  supplied by the department. This form, when fully executed and signed, shall
				  entitle the applicant to demonstrate knowledge and ability regarding the
				  measure and laws governing that measure cited on the application form, to the
				  administrator. The demonstration shall include technical competence in standard
				  tests and standard methods prescribed for the measure.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 87.1 - VOLUNTARY REGISTRATION OF SERVICE PERSONS OR SERVICE AGENCIES › Section 4-87.1-9 - Certificate of registration; fee

Current through June, 2024
(a) Upon a person's
				satisfactory demonstration of qualifying ability, technical competence, and
				thorough knowledge of applicable legal requirements, the administrator shall
				issue a certificate of registration as provided by the department, including a
				unique identification number, which shall remain in effect until withdrawn by
				the administrator or surrendered by the registered service person.
(b) For each certificate of registration, a
				fee of $ 100 shall be paid to the department for a period of validity from July
				1 to midnight of the following June 30.
(c) A renewal fee of $100 shall be paid to
				the department for a period of validity from July 1 to midnight of the
				following June 30.
(d) Payment of
				the renewal fee after July 1, but prior to the following June 30, shall result
				in an additional late fee of $25.00 per quarter.
(e) Failure to pay the renewal fee for each
				certificate of registration will result in forfeiture of the certificate of
				registration. The certificate of registration will be forfeited as of July 1 if
				the renewal fee is not received, but will be reinstated if the renewal fee is
				received in addition to the late fee. One year after the forfeiture of
				registration without renewal, the registered service person must reapply for a
				new certificate of registration in accordance with section 4-87.1-6 and this
				section.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 87.1 - VOLUNTARY REGISTRATION OF SERVICE PERSONS OR SERVICE AGENCIES › Section 4-87.1-10 - Privilege of registered service person

Current through June, 2024
A registered service person may place in service, or remove
				  an official state rejection tag and return to service, any device that complies
				  with chapter 4-101, by applying thereon a seal supplied by the administrator,
				  subject to section
				  4-87.1-2(b).
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 87.1 - VOLUNTARY REGISTRATION OF SERVICE PERSONS OR SERVICE AGENCIES › Section 4-87.1-11 - Follow-up investigations

Current through June, 2024
The administrator shall as often as deemed necessary,
				  periodically check the effectiveness of the registered service person by
				  follow-up investigations and tests in accord with the applicable
				  specifications, tolerances, and other technical requirements for measures and
				  measurement standards, as appropriate. When a follow-up is made within thirty
				  days of the date identified on the placed-in-service report cited under section
				  4-87.1-12, the administrator shall
				  apply acceptance tolerances in the investigation. A follow-up beyond thirty
				  days of the date identified on the placed-in-service report shall result in the
				  administrator applying maintenance tolerances in the
				  investigation.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 87.1 - VOLUNTARY REGISTRATION OF SERVICE PERSONS OR SERVICE AGENCIES › Section 4-87.1-12 - Placed-in-service reports

Current through June, 2024
(a) The
				administrator shall furnish each registered service person with a supply of
				placed-in-service report forms as supplied by the department. The registered
				service person shall type or print the required information on the report,
				including:
(1) The owner of the
				device;
(2) The location of the
				device;
(3) The identification
				number of the registered service person;
(4) The rejection tag number, if
				any;
(5) The date the device was
				returned to or initially placed in service;
(6) The standard test or standard method used
				to determine compliance and certification; and
(7) The certificate of conformance number of
				the device.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 87.1 - VOLUNTARY REGISTRATION OF SERVICE PERSONS OR SERVICE AGENCIES › Section 4-87.1-13 - Correct measurement standards and measures; fee

Current through June, 2024
(a) Each registered service person shall
				submit, prior to use, and when annually scheduled or deemed necessary by the
				administrator for examination and certification, measurement standards and
				measures over which that person exercises custodial control, and which are
				susceptible of use in performance of the required service and testing functions
				cited herein.
(b) Registered
				service persons who are owner(s) of the measurement standards and measures
				submitted to the administrator shall follow the same procedures for examination
				and certification as established by the administrator.
(c) For measurement standards and measures
				submitted to the administrator for examination and certification, a fee shall
				be paid as prescribed in Table II, Schedule of Calibration Fees, of chapter
				4-96.1.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 87.1 - VOLUNTARY REGISTRATION OF SERVICE PERSONS OR SERVICE AGENCIES › Section 4-87.1-14 - Revocation of certificate of registration

Current through June, 2024
In addition to the provisions of chapter 486, Hawaii Revised
				  Statutes, the administrator may, for actions contrary to the requirements of
				  this chapter, suspend or revoke a certificate of registration. The registered
				  service person shall be notified of the suspension or revocation by registered
				  mail. Upon notification, the registered service person shall immediately lose
				  all privileges under section
				  4-87.1-10, and shall have twenty
				  business days to correct any actions contrary to the requirements of this
				  chapter to the satisfaction of the administrator. Once the administrator is
				  satisfied that all actions contrary to the requirements of this chapter are
				  corrected, the certificate of registration may be reinstated.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 87.1 - VOLUNTARY REGISTRATION OF SERVICE PERSONS OR SERVICE AGENCIES › Section 4-87.1-15 - Limited authority

Current through June, 2024
This chapter confers limited quasi-measurement standard
				  inspector authority upon a certified registered service person; however,
				  certification in no way obligates or creates any liability on the part of the
				  administrator, arising from any true or alleged improper, imprudent, unsound,
				  unlawful, or illegal act of a registered service person.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 89 - MEASUREMASTERS › Section 4-89-3 - Qualifications for measuremaster

Current through June, 2024
Authorization to act as a public measuremaster shall be
				  issued by the administrator in the form of a license. To qualify for a license,
				  a person must:
(1) Be able to weigh or
				measure accurately;
(2) Be able to
				execute certificates correctly; and
(3) Have reached the age of
				majority.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 89 - MEASUREMASTERS › Section 4-89-4 - License application; evaluation of qualifications of applicants

Current through June, 2024
Using a form provided by the administrator, the applicant for
				  a license as a public measuremaster shall furnish evidence that the applicant
				  has the qualifications required by section
				  4-89-3. The administrator shall
				  determine the qualifications of the applicant based on:
(1) The information provided on the
				application;
(2) Supplementary
				information, if needed, as determined by the administrator; and
(3) Results of an examination that shows the
				applicant has the requisite knowledge to perform the duties of a measuremaster
				in accordance with this chapter.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 89 - MEASUREMASTERS › Section 4-89-5 - License fee required; period of validity

Current through June, 2024
Before the issuance of a new license or renewal of a license
				  as a measuremaster, a license fee must be paid to the administrator.
(1) For a renewed license, the annual fee
				shall be $100 and the period of validity shall be from July 1 to midnight of
				the following June 30. Failure to remit the renewal fee shall result in
				forfeiture of the measuremaster's license as of midnight on June 30. A
				forfeited license may be reinstated upon payment of the fee, if the fee is paid
				within two years of the date of forfeiture. After two years, the person must
				reapply for a new license in accordance with § 4-89-4.
(2) For a newly issued license, the fee shall
				be as follows:
(A) If the license is issued
				during the period from July 1 through September 30, the fee shall be
				$100.
(B) If the license is issued
				during the period from October 1 through December 31, the fee shall be
				$75.
(C) If the license is issued
				during the period from January 1 through March 31, the fee shall be
				$50.
(D) If the license is issued
				during the period from April 1 through June 30, the fee shall be $25.
For a newly issued license, the period of validity shall be
				  from the date that the license fee is paid until midnight of the following June
				  30.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 89 - MEASUREMASTERS › Section 4-89-6 - Exemptions from licensing and fee requirements

Current through June, 2024
(a)
				Division of measurement standards personnel are exempt from the licensing and
				fee requirements of this chapter.
(b) The administrator may exempt from the
				license fee and annual renewal fee employees of the state who, in all other
				aspects, comply with the provisions of this chapter and who, within the scope
				of their government employment, are required to perform the functions or duties
				of a measuremaster.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 89 - MEASUREMASTERS › Section 4-89-7 - Display of measuremaster license upon request

Current through June, 2024
A measuremaster's license shall be available for display upon
				  demand by an inspector or any person who is a recipient or prospective
				  recipient of services performed by the measuremaster.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 89 - MEASUREMASTERS › Section 4-89-8 - Measurement practices; equipment used

Current through June, 2024
(a) A measuremaster
				shall use measurement practices and equipment that are in compliance with
				chapter 4-101, Hawaii Administrative Rules.
(b) A measuremaster shall not weigh a vehicle
				or combination of vehicles when part of the vehicle or connected combination is
				not resting fully, completely, and as one entire unit on the scale. When
				weighing a combination of vehicles that will not rest fully, completely, and as
				one complete unit on the scale platform,
(1)
				The combination shall be disconnected and weighed in single drafts;
				and
(2) The weights of the single
				drafts may be combined in order to issue a single certificate for the
				combination, provided that the certificate indicates that the total represents
				a combination of single draft weighings.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 89 - MEASUREMASTERS › Section 4-89-9 - Certificate; required entries

Current through June, 2024
The information to be furnished on a certificate of measure
				  shall include the following:
(1) The
				name and license number of the measuremaster;
(2) The kind of commodity weighed, measured,
				or counted;
(3) The name of the
				owner, agent, or consignee of the commodity;
(4) The name of the recipient of the
				commodity, if applicable;
(5) The
				date the certificate is issued;
(6)
				The consecutive number of the certificate;
(7) The identification, including the
				identification number, if any, of the carrier transporting the commodity, and
				the identification number or license number of the vehicle;
(8) Other information needed to distinguish
				or identify the commodity from a like kind;
(9) The number of units of the commodity, if
				applicable;
(10) The measure of the
				commodity, if applicable;
(11) The
				weight of the commodity and the vehicle or container, if applicable, broken
				down as follows:
(A) The gross weight of the
				commodity and the associated vehicle or container;
(B) The tare weight of the unladened vehicle
				or container; or
(C) Both the gross
				and tare weight, and the resultant net weight of the commodity;
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 89 - MEASUREMASTERS › Section 4-89-10 - Certificate; execution, requirements

Current through June, 2024
(a) When filling
				out a certificate, a measuremaster shall:
(1)
				Enter the measurement values to clearly show that the measurements were
				actually determined; and
(2) Enter
				only the measurement values personally determined.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 89 - MEASUREMASTERS › Section 4-89-11 - Copies of certificates

Current through June, 2024
(a) One copy of the
				certificate of measure shall be given to the person who is the recipient of the
				measurement services.
(b) A public
				measuremaster shall keep and preserve a legible copy of each certificate issued
				for six months after the date of the certificate. In the case of a computerized
				system that automatically records the information required to be on a
				certificate or that is directly entered from a keyboard or other input device,
				the computer log or file shall be kept for six months after the date of the
				certificate. The certificates, log, or file shall be available for inspection
				by the administrator or the administrator's designee during normal office
				hours.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 91 - UNIT PRICING OF CONSUMER COMMODITIES › Section 4-91-1 - 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 91 - UNIT PRICING OF CONSUMER COMMODITIES › Section 4-91-2 - Violation

Current through June, 2024
Any person omitting the required acts or committing the
				  proscribed acts, or who supplies or offers for sale a commodity which is not in
				  full compliance with the requirements of this chapter, shall be in violation of
				  this chapter and subject to the privisons of chapter 486, Hawaii Revised
				  Statutes.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 91 - UNIT PRICING OF CONSUMER COMMODITIES › Section 4-91-3 - Applicability

Current through June, 2024
This chapter applies to the unit pricing of consumer
				  commodities offered for retail sale:
(1) As mandated by section 486-21, Hawaii
				Revised Statutes;
(2) To packages
				of which the net measure is standardized by industry practice or rule of the
				director;
(3) To packages of which
				the unit price is voluntarily displayed by the retailer; and
(4) To the unit of measure to be employed in
				each program.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 91 - UNIT PRICING OF CONSUMER COMMODITIES › Section 4-91-4 - Method of unit pricing

Current through June, 2024
The commodities listed herein shall bear the price per single
				  unit of measure as prescribed:
Commodity
Program
Unit of
							 Price
(1) Candy
voluntary
per pound or
							 ounce
(2) Cereals
voluntary
per pound or
							 ounce
(3) Cheese, natural and processed
mandatory
per pound
(4) Coffee, tea and cocoa
voluntary
per pound or ounce
(5) Cookies and crackers
voluntary
per pound or ounce
(6) Cooking oils and shortening
voluntary
per quart, fluid ounce, pound, or ounce
(7) Deodorants, personal
voluntary
per ounce
(8) Dry detergents, soap powder
voluntary
per pound or ounce and household
(9) Foil, film and other rolls of wrapping (except
							 gift wrap)
voluntary
per fifty square feet
(10) Fruits and vegetables (Provided that any display
							 involving "per/each" as a unit price, must contain only produce of a given size
							 and grade, so as to facilitate value comparison)
mandatory
per
							 pound or individual unit
(11) Fruit and vegetable juices and
							 drinks
voluntary
per quart or fluid ounce
(12) Hair preparations
voluntary
per ounce
(13) Jams, jellies, preserves and peanut
							 butter
voluntary
per pound or ounce
(14) Liquid detergents, household cleaners and
							 disinfectants
voluntary
per quart of fluid ounce
(15) Liquid soups and condensed liquid
							 soups
voluntary
per pound or quart
(16) Meat, poultry, and seafood
mandatory
per pound
(17) Pet food
voluntary
per
							 pound
(18) Relishes and condiments
voluntary
per pound or ounce
(19) Rice
voluntary
per pound
(20) Salad dressing
voluntary
per
							 quart of fluid ounce
(21) Sanitary paper products
voluntary
per fifty square feet or, if by count, per unit; including ply
(22) Shaving preparations voluntary per ounce
(23) Soft drinks
voluntary
per
							 quart or fluid ounce
(24) Syrups, table and topping
voluntary
per pound or quart or fluid ounce
(25) Toilet water and colognes
voluntary
per ounce
(26) Toothpaste
voluntary
per
							 ounce
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 91 - UNIT PRICING OF CONSUMER COMMODITIES › Section 4-91-5 - Exemptions

Current through June, 2024
Any commodity listed under §
									4-91-4 shall be exempt when:
(1) Packaged in quantities of less than one
				ounce (avoirdupois or fluid); or
(2) The total retail price is less than ten
				cents; or
(3) There is only one
				brand in only one size appearing in a particular establishment.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 91 - UNIT PRICING OF CONSUMER COMMODITIES › Section 4-91-6 - Pricing

Current through June, 2024
The unit price information shall be displayed to at least the
				  nearest tenth of one cent when less than one dollar, and to the nearest cent
				  when a dollar or more.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 7 - DIVISION OF MEASUREMENT STANDARDS › Chapter 91 - UNIT PRICING OF CONSUMER COMMODITIES › Section 4-91-7 - Presentation of price

Current through June, 2024
(a) In any retail
				establishment in which unit price information is provided in accordance with
				the provisions of this section, the information may be displayed by means of:
(1) A sign which offers the unit price for
				one or more brands or sizes of a given commodity; or
(2) A sticker, stamp, sign, label, or tag,
				affixed to the shelf upon which the commodity is displayed; and
(3) A sticker, stamp, sign, label, or tag,
				affixed to the consumer commodity itself.