reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 48 - RULES REGULATING DEALERS IN FARM PRODUCTS › Section 4-48-5 - Posting of license

Current through June, 2024
(a) Every licensed
				commission merchant, dealer, broker, agent, processor, retail merchant, or
				branch store shall post the required license, or a copy of the license, in a
				conspicuous place at the place of business at all times.
(b) Repeated violation of this section may
				result in the suspension or termination of a license under section
				4-48-13.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 48 - RULES REGULATING DEALERS IN FARM PRODUCTS › Section 4-48-6 - Termination of license; notices; renewals; penalty

Current through June, 2024
(a) All
				commission merchant, dealer, processor, broker, agent, and retail merchant
				licenses shall expire one year from the effective date, unless renewed with
				payment of the annual license fee on or before the expiration date of the
				license or unless otherwise provided for in section
				145-2, Hawaii Revised
				Statutes.
(b) A commission merchant
				or broker license shall be declared void on the date of cancellation of the
				posted surety bond.
(c) Thirty days
				after the expiration of a commission merchant, dealer, broker, agent, retail
				merchant, processor, or branch store license, the head shall notify the
				licensee in writing that the license may be renewed by payment of the annual
				fee plus a forty per cent penalty.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 48 - RULES REGULATING DEALERS IN FARM PRODUCTS › Section 4-48-7 - Changes in address, ownership, business name, or membership; bankruptcy

Current through June, 2024
(a) A licensee shall promptly notify the head
				in writing of any change of address, business name, officers, directors, or
				holders of more than ten per cent of the outstanding stock of a corporation,
				and the percentage of stock held by each person.
(b) A new license shall be required in the
				case of change of ownership of a business, an addition or withdrawal of members
				of a partnership, or when business is to be conducted under a different
				corporate charter than that under which the license was originally
				issued.
(c) A licensee shall
				promptly notify the head in writing when the licensee, or any partner if the
				licensee is a partnership, is undergoing proceedings under bankruptcy
				laws.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 48 - RULES REGULATING DEALERS IN FARM PRODUCTS › Section 4-48-8 - Commission merchant requirements

Current through June, 2024
(a) The commission
				merchant shall establish the commission rate and other charges to be assessed
				with the producer-consignor prior to the handling of farm products on
				consignment.
(b) The commission
				merchant shall exercise reasonable care and diligence in selling the consigned
				products promptly in a fair and reasonable manner.
(c) The commission merchant may not reconsign
				farm products to another person and incur additional commissions, charges, or
				expenses without the expressed consent of the producer-consignor.
(d) The commission merchant shall not
				purchase consigned farm products or sell to firms over which the commission
				merchant has direct or indirect control, without specific prior authority of
				the producer-consignor. The commission merchant may purchase such farm products
				at reasonable market value to clean up remnants of shipments to expedite
				accounting.
(e) Within seven days
				after the final sale of any lot of consigned farm products, the commission
				merchant shall make a written report to the producer showing the quantity sold,
				the selling price, and the quantity dumped or discarded.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 48 - RULES REGULATING DEALERS IN FARM PRODUCTS › Section 4-48-9 - Remittance to producer

Current through June, 2024
(a) Commission
				merchants shall remit in full the amount realized from consignment sales,
				including collections, overcharges, and damages, less the agreed commission and
				other charges, together with a complete account of sales, to the
				producer-consignor within ten days after receipt of the money, unless otherwise
				agreed to in writing.
(b) Every
				dealer, processor, agent, or retail merchant shall make payment in full to the
				producer for farm products purchased or if a broker, for the negotiated
				purchase or sale of farm products, at the time and in the manner specified in a
				contract or agreed to by the producer in writing. If no payment time is set by
				a contract or in writing at the time of delivery, payment shall be made within
				thirty days from delivery or acceptance of the farm product.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 48 - RULES REGULATING DEALERS IN FARM PRODUCTS › Section 4-48-10 - Record keeping

Current through June, 2024
(a) Every
				commission merchant having received any farm product for sale as a commission
				merchant, shall promptly make and keep for one year a record indicating in
				detail the following with reference to handling, sale, or storage of the farm
				product:
(1) The name and address of the
				consignor;
(2) The commodity,
				quantity, and date received;
(3)
				The condition and quality upon arrival;
(4) The date of sale;
(5) The price for which each lot was
				sold;
(6) An itemized statement of
				the charges to be paid by the consignor in connection with the sale, including
				commission charges;
(7) A lot
				number or other identifying mark for each consignment transaction with the
				number or mark appearing on all sales tags, or other essential records needed
				to show what the product actually sold for;
(8) Any claim which has been or may be filed
				by the commission merchant against any person for overcharges or damages
				resulting from injury or deterioration of farm products by the act, neglect, or
				failure of such persons; and
(9)
				The names and addresses of all purchasers, if the commission merchant has any
				financial interest in the business of the purchasers or if the purchasers have
				any financial interest in the business of the commission merchant, directly or
				indirectly, as holder of the other's corporate stock, as co-partner, as lender
				or borrower of money to or from the other, or otherwise. The interest shall
				also be noted following the name of the purchaser.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 48 - RULES REGULATING DEALERS IN FARM PRODUCTS › Section 4-48-11 - Dumping certificate requirement, exception

Current through June, 2024
The dumping certificate requirements of section
				  145-7,
				  Hawaii Revised Statutes, shall not apply to a processor who handles produce on
				  a pack out basis, provided that the processor shall, promptly upon completion
				  of the sample evaluation or the preliminary processing and grading operation of
				  each lot or delivery of product, notify the producer of the results obtained
				  including:
(1) The net weight or
				percentage by weight of each grade or quality;
(2) The purchase price or prices;
(3) The deduction for processing or other
				charges; and
(4) The net amount due
				the producer.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 48 - RULES REGULATING DEALERS IN FARM PRODUCTS › Section 4-48-12 - Filing of complaints

Current through June, 2024
(a) Complaints may
				be filed by any producer or organization representing producers against any
				licensee or person assuming or attempting to act as such.
(b) All complaints shall be verified by the
				department prior to conducting an investigation.
(c) All complaints shall be filed on an
				approved form obtained from the head.
(d) The department may, on its own motion,
				conduct investigations and audit records when it has reason to believe that
				chapter
				145, Hawaii Revised Statutes, or this
				chapter, has been violated.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 48 - RULES REGULATING DEALERS IN FARM PRODUCTS › Section 4-48-13 - Hearing; suspension or revocation of license

Current through June, 2024
(a) All
				hearings shall be conducted in accordance with chapter
				4-1 and may
				be reviewed in the manner provided by chapter
				91, Hawaii Revised Statutes.
(b) Any order for the suspension or
				revocation of a license shall be in writing and shall cite the reasons for the
				action.
(c) Any reasonable time
				shall be allowed between the date of issuance of suspension or revocation of a
				license and the date upon which the order becomes effective. During this
				period, the licensee shall make arrangements with some other licensed person to
				safeguard the interest of innocent parties whose property or business may be
				affected by the suspension or revocation.
(d) After the revocation of a license or
				during the effective period of any suspension, no person whose license has been
				revoked or suspended shall, either directly or indirectly, carry on the
				business of a commission merchant, dealer, broker, processor, agent, or retail
				merchant.
(e) The suspension or
				revocation of a license shall not prevent the licensee from collecting amounts
				due prior to the effective date of suspension or revocation, or from remitting
				to the licensee's principals and obligees.
(f) Upon the issuance of an order revoking or
				suspending a license, the department may give general publicity to such fact,
				in order that those doing business with the person whose license has been
				revoked or suspended may take due notice.
(g) No new license shall be issued to any
				person, either under the original name or another name, while that person's
				license is suspended or revoked, or until any fine levied under section
				145-12, Hawaii
				Revised Statutes, or this chapter, is paid in full.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 48 - RULES REGULATING DEALERS IN FARM PRODUCTS › Section 4-48-14 - Special bonding requirement

Current through June, 2024
(a) An applicant
				for a commission merchant or broker license who previously has had a commission
				merchant, dealer, broker, agent, processor, or retail merchant license
				suspended shall post a $10,000 surety bond before the commission merchant or
				broker license applied for is issued. The $10,000 surety bond requirement shall
				apply for a period of three years, after which time the applicant shall be
				subject to the bonding requirement in section 4-48-2(e).
(b) An applicant for a dealer, agent,
				processor, or retail merchant license who previously has had a license
				suspended shall post a $5,000 surety bond before the license applied for is
				issued. The $5,000 surety bond requirement shall apply for a period of three
				years.
(c) The surety bond required
				under this section shall be executed by the applicant as principal and issued
				by a surety company qualified and authorized to do business in this State as
				surety.
(d) Any license issued in
				conjunction with the surety bond required under this section shall be declared
				void on the date of cancellation of the posted surety bond.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 48 - RULES REGULATING DEALERS IN FARM PRODUCTS › Section 4-48-15 - 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 sections
				  145-10
				  and
				  145-12, Hawaii
				  Revised Statutes.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 54 - INDUSTRY AND PRODUCT PROMOTION PROGRAM › Section 4-54-1 - Definitions

Current through June, 2024
As used in this chapter:
"Association" means three or more producers joined together
				  as a State registered non-profit entity whose purpose includes product
				  promotion.
"Chairperson" means the chairperson of the board of
				  agriculture of the state department of agriculture.
"Department" means the state department of
				  agriculture.
"Producer" means any person engaged in the business of
				  raising, growing, or processing, agricultural commodities or manufacturing
				  kindred goods, including food merchandise in the State.
"Product promotion fund" means funds appropriated by the
				  legislature to the department to aid producers in the State to promote their
				  products and develop new or expanded markets.
"Products" means any agricultural commodities and kindred
				  goods, including manufactured or processed foods and merchandise, produced in
				  the State, with at least fifty per cent of the manufactured or processed
				  product value or contents from the State.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 54 - INDUSTRY AND PRODUCT PROMOTION PROGRAM › Section 4-54-2 - Eligibility for product promotion assistance

Current through June, 2024
(a) Any association
				whose products have a good potential for export or the potential for
				successfully competing with imports into the State is eligible to apply for
				product promotion assistance.
(b)
				The chairperson shall make the determination of whether or not a product has
				the potential referred to in subsection (a), based upon information on market
				conditions, feasibility studies, or any other pertinent data available
				submitted by an association, acquired or produced by the department, or
				both.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 54 - INDUSTRY AND PRODUCT PROMOTION PROGRAM › Section 4-54-3 - Procedures for requesting promotion assistance

Current through June, 2024
(a) An
				association applying for product promotion funds shall submit a written request
				to the chairperson.
(b) The written
				request shall include a completed application form and contain:
(1) A statement of the nature of the
				association's interest and reasons for participating in the underwriting of a
				product promotion program;
(2) A
				description of the membership of the association;
(3) A statement regarding the potential
				market for the particular product;
(4) A proposed promotion program plan,
				including the strategy and how it will be carried out;
(5) Estimated cost, including total and
				component costs;
(6) Proposed
				financing of the program, including a ratio of State funds to be matched with
				funds from the association equaling at least forty per cent of the cost of the
				program, except as provided under section 4-54-6(f); and
(7) Any other data relevant to the request or
				which may be required by the chairperson.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 54 - INDUSTRY AND PRODUCT PROMOTION PROGRAM › Section 4-54-4 - Consideration of Request

Current through June, 2024
(a) Within
				forty-five days after receipt of an application, the chairperson shall deny or
				grant, either in part or in whole, the request in writing. Where additional
				information from the applicant is required by the chairperson, the forty-five
				days will begin upon receipt of that information by the department.
(b) In considering the request, the
				chairperson shall be guided by the following factors:
(1) Preference shall be given according to
				the need for a product promotion program to attain the full potential of an
				industry and according to the scope, thoroughness of preparation, and soundness
				of the applicant's proposed promotion program plan;
(2) Preference shall be given to the
				association contributing to a greater ratio of the matching funds;
(3) Preference shall be given to an
				association, such as one in a fledgling industry, with a lesser ability to pay
				for a promotion program;
(4) An
				association in an industry with a greater potential for expansion shall be
				assigned a higher priority;
(5) A
				higher priority shall be assigned to an association with a membership
				consisting of a greater number of producers whose combined production accounts
				for a substantial portion of the value of its industry;
(6) A higher priority shall be assigned to
				products with a greater value to the State including labor and material
				utilized, or value added within the State; and
(7) Evidence of progress and accomplishments
				of previous promotional programs based on staff evaluation and written reports
				submitted by the applicant.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 54 - INDUSTRY AND PRODUCT PROMOTION PROGRAM › Section 4-54-5 - State approval of promotion program

Current through June, 2024
(a) Following a
				favorable determination by the chairperson on requests for promotion
				assistance, the chairperson shall approve all promotions and shall stipulate
				such changes as may be desirable. The promotion program may include the use of
				literature, advertising, demonstrations, displays, lectures, travel, motion
				picture and slide films, market testing, and other promotion and publicity
				devices as may be appropriate.
(b)
				The chairperson may also require the association to retain a marketing or
				advertising agency to effectuate the promotion. The agency shall be approved by
				the chairperson before its retention. Prior retention of an agency by the
				association shall not alter the requirement of the chairperson's
				approval.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 54 - INDUSTRY AND PRODUCT PROMOTION PROGRAM › Section 4-54-6 - Contracts

Current through June, 2024
(a) The department may enter into contract
				with appropriate agencies, firms, individuals, and associations for promotion
				to foster the development of the agricultural industry in consonant with the
				policies, programs, and activities of the governor's agriculture coordinating
				committee.
(b) All parties to a
				contract involving the use of state funds shall be bound by the terms of the
				contract.
(c) All such contracts
				shall be approved by the chairperson and specify the name and address of the
				parties, the nature and scope of the work to be performed, the manner in which
				funds may be expended, and such data as the state comptroller may
				require.
(d) The contract term
				shall not exceed one year, but the term may be extended by mutual written
				agreement by the parties to the contract.
(e) Funds to assist associations to promote
				their products shall be matched by association funds equal to at least forty
				per cent of the contracted amount.
(f) Where a new or fragile association in an
				emerging industry with good potential for growth is unable to contribute its
				full matching share, the chairperson may waive matching fund requirements for
				the first three years of any contract, but shall require at least twenty per
				cent matching funds for the fourth year of any such contract, and at least
				forty per cent matching funds for all subsequent years of any such contract;
				provided that such a waiver shall be granted only once in a single
				industry.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 54 - INDUSTRY AND PRODUCT PROMOTION PROGRAM › Section 4-54-7 - Non-matching promotions

Current through June, 2024
Where no single industry can be clearly designated as the
				  beneficiary of a promotion or where the promotion involves multiple commodities
				  or a single event, such as trade shows, sales missions and individual retail
				  promotional sales, the chairperson may permit up to one hundred per cent
				  financing by the department.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 60 - MILK CONTROL RULES › Subchapter 2 - LICENSING AND LICENSE FEE RULES › Section 4-60-2 - Granting, suspending and revoking licenses

Current through June, 2024
(a) HRS
				  §
										157-24(a)
				  is made a part of this section. Upon finding that any grounds for denial exist,
				  the board, prior to rendering a final decision, shall give reasonable notice to
				  all interested parties and afford the license applicant an opportunity for
				  hearing under section
				  91-9,
				  HRS.
(b) HRS §
										157-24(b)
				  is made a part of this section. Upon finding that any ground for suspension,
				  revocation, or refusal to renew a license exists, the licensee may be so
				  informed in writing and requested to voluntarily surrender the license in the
				  case of either a suspension or revocation. The same procedure shall apply
				  during the period of license renewal. Should the licensee refuse to voluntarily
				  surrender the license, the licensee shall then be given reasonable notice and
				  afforded an opportunity for hearing under section
				  91-9,
				  HRS.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 60 - MILK CONTROL RULES › Subchapter 2 - LICENSING AND LICENSE FEE RULES › Section 4-60-3 - Records of licensees

Current through June, 2024
Licensees shall maintain and make available such records
					 and information as considered necessary by the board.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 60 - MILK CONTROL RULES › Subchapter 2 - LICENSING AND LICENSE FEE RULES › Section 4-60-4 - License fees for the Honolulu milk shed

Current through June, 2024
(a) The board
				  establishes the following schedule of license fees to be paid by licensees:
(1) Each licensed producer shall pay a
				  license fee of 632 of one percent of the gross value on all milk which the
				  licensed producer delivers to a distributor or producer-distributor for
				  processing;
(2) Each licensed
				  distributor or producer-distributor shall pay a license fee of 632 of one per
				  cent of the gross value on all milk which the licensed distributor or
				  producer-distributor receives from licensed producers for processing;
(3) Each licensed producer-distributor shall
				  pay a license fee of 1.264 per cent of the gross value on all milk produced by
				  the licensed producer-distributor's dairy which the producer-distributor
				  processes;
(4) Each licensed
				  distributor or producer-distributor who processed any recombined, reconstituted
				  or filled milk shall pay a license fee that is equivalent to the percentage
				  value established in paragraph (2) converted to hundredweight on all of the
				  milk processed; and
(5) Each
				  licensed distributor or producer-distributor who receives milk produced
				  elsewhere in the State of Hawaii from any source other than a licensed producer
				  or producer-distributor shall pay a license fee of 632 of one per cent of the
				  gross value on all whole milk received from the source or sources for
				  processing or distribution.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 60 - MILK CONTROL RULES › Subchapter 2 - LICENSING AND LICENSE FEE RULES › Section 4-60-5 - License fees for the Hawaii milk shed

Current through June, 2024
(a) The board
				  establishes the following schedule of license fees to be paid by licensees:
(1) Each licensed producer shall pay a
				  license fee of 1.263 per cent of the gross value on all milk which the licensed
				  producer delivers to a distributor or producer-distributor for
				  processing;
(2) Each licensed
				  distributor or producer-distributor shall pay a license fee of 1.263 per cent
				  of the gross value on all milk which the licensed distributor or
				  producer-distributor receives from licensed producers for processing;
(3) Each licensed producer-distributor shall
				  pay a license fee of 2.527 per cent of the gross value on all milk produced by
				  the licensed producer-distributor's dairy which the licensed
				  producer-distributor processes;
(4)
				  Each licensed distributor or producer-distributor who processes any recombined,
				  reconstituted, or filled milk shall pay a license fee that is equivalent to the
				  percentage value established in paragraph (2) converted to hundredweight on all
				  the milk processed; and
(5) Each
				  licensed distributor or producer-distributor who receives milk produced
				  elsewhere in the State of Hawaii from any source other than a licensed producer
				  or producer-distributor shall pay a license fee of 1.263 per cent of the gross
				  value on all whole milk received from the source or sources for processing or
				  distribution.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 60 - MILK CONTROL RULES › Subchapter 2 - LICENSING AND LICENSE FEE RULES › Section 4-60-6 - Withholding and remitting license fees

Current through June, 2024
Distributors or producer-distributors shall withhold from
					 any payments owing to a producer or producer-distributor for milk received, an
					 amount equal to the license fee determined to be owing from that producer or
					 producer-distributor and shall remit any withheld funds to the branch, together
					 with the amount of the license fee determined to be owing from the distributor
					 or producer-distributor not later than the fifteenth day of the month following
					 delivery of milk. Itemization of the deductions and accounting for the
					 remittances shall accompany the evidence of payments as required in subchapter
					 3.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 60 - MILK CONTROL RULES › Subchapter 2 - LICENSING AND LICENSE FEE RULES › Section 4-60-7 - Service fees

Current through June, 2024
No compensation shall be paid to distributors or
					 producer-distributors for any services rendered in withholding, collecting, and
					 remitting license fees as provided in sections
					 4-60-4,
					 4-60-5, and
					 4-60-6.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 60 - MILK CONTROL RULES › Subchapter 2 - LICENSING AND LICENSE FEE RULES › Section 4-60-8 - Delegation of powers and authority regarding license fees

Current through June, 2024
The board delegates all of its powers and authority under
					 sections 4-60-4(b),
					 4-60-5(b), and
					 4-60-6 to the
					 manager.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 60 - MILK CONTROL RULES › Subchapter 4 - GENERAL PROVISIONS › Section 4-60-13 - Milk production quotas in the Honolulu milk shed

Current through June, 2024
(a) The board establishes the total daily
				  production quota for the Honolulu milk shed at 3507.930 hundredweight or
				  4078.988 cans per day. The following is the pro rata distribution of the quota
				  increase by licensed producers on April 1, 1989. The branch shall provide an
				  annual report listing all licensed producers and their assigned quotas at the
				  end of each fiscal year which reflects all quota increases and transfers
				  granted within the milk shed during that year and shall become part of this
				  section.
DAILY QUOTA
DAIRY NAME
(cwt)
cans
Costa, Louis Dairy
125.618
146.067
Ferreira Dairy
52.109
60.592
Freitas, George Dairy
214.289
249.173
Huanui Dairy
118.085
137.308
Kaimi Farm
130.594
151.854
Lucky S Dairy
52.462
61.002
Maunawili Dairy
141.026
163.984
Meadow Gold Farms
596.525
693.634
Mountain View Dairy
530.891
617.315
Toledo-Twin Pine Dairy
699.213
813.038
U. H. Waialee
12.508
14.544
Waimanalo Dairy, Inc.
660.318
767.812
Wayne's Dairy
174.292
202.665
TOTAL
3507.930
4078.988
(b) The production quotas established in
				  subsection (a) do not guarantee that all of the milk produced thereunder shall
				  be utilized as class I in the Honolulu milk shed. The established quota may be
				  considered as a quantity measure representing a producer's share of the
				  estimated annual class I requirements of the market. Each month the total class
				  I usage in the market shall be allocated on a pro rata basis to all quota
				  holders and payment to them shall be determined accordingly. It shall be
				  recognized that the class I requirements of the market vary from day to day and
				  from one season of the year to another. Milk production is also subject to
				  daily and seasonal variation. Producers cannot adjust their production to meet
				  day to day changes in demand but they can make adjustments in their production
				  pattern to compensate for seasonal changes. Producers shall be aware of changes
				  in demand and adjust their production practices to maximize their operating
				  income.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 60 - MILK CONTROL RULES › Subchapter 4 - GENERAL PROVISIONS › Section 4-60-14 - Milk production quotas in the Hawaii milk shed

Current through June, 2024
(a) The total daily production quota for the
				  Hawaii milk shed shall be 621 hundredweight or 722.09 cans per day. The daily
				  production quota shall be distributed pro rata to all licensed producers or
				  producer-distributors in the Hawaii milk shed based on their assigned daily
				  production quota at the end of the month prior to the effective date of this
				  amendment. A licensed producer or producer-distributor may refuse, in writing,
				  to accept all or part of their pro rata increase in daily production quota. Any
				  quota increase that is refused shall be distributed pro rata to the remaining
				  licensed producers or producer-distributors based on their new daily production
				  quota. The branch shall provide the board with a report showing the
				  distribution of the daily production quota at the next board meeting following
				  the effective date if this amendment and an annual report listing all licensed
				  producers and their assigned quotas at the end of each fiscal year which
				  reflects all quota increases and transfers granted within the milk shed during
				  that year. These reports to the board shall become part of this section and
				  shall supercede and replace any prior dated reports which have been made part
				  of this section.
(b) The production
				  quotas established in subsection (a) do not guarantee that all of the milk
				  produced thereunder shall be utilized as class I in the Hawaii milk shed. The
				  established quota may be considered as a quantity measure representing a
				  producer's share of the estimated annual class I requirements of the market.
				  Each month the total class I usage in the market shall be allocated on a pro
				  rata basis to all quota holders and payment to them shall be determined
				  accordingly. It shall be recognized that the class I requirements of the market
				  vary from day to day and from one season of the year to another. Milk
				  production is also subject to daily and seasonal variations. Producers cannot
				  adjust their production to meet day to day changes in demand but they can make
				  adjustments in their production pattern to compensate for seasonal changes.
				  Producers shall be aware of changes in demand and adjust their production
				  practices to maximize their operating income.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 60 - MILK CONTROL RULES › Subchapter 4 - GENERAL PROVISIONS › Section 4-60-15 - Readjustment of quotas

Current through June, 2024
(a) Quotas
				  established pursuant to sections 4-60-13 and 4-60-14 may be forfeited by the
				  producer or producer-distributor if the producer or producer-distributor fails
				  to produce and deliver milk in accordance with the following:
(1) A producer or producer-distributor shall
				  produce and deliver not less than ninety per cent of the producer or
				  producer-distributor's quota by the end of the ninety-day period immediately
				  following the establishment of said quota. If the board increases established
				  quotas because of increase in demand, the producers shall be given a six-month
				  period after the effective date to increase their production and this section
				  shall be suspended for this period;
(2) Thereafter, during periods of
				  insufficient milk production in the milk shed, any producer or
				  producer-distributor who fails for two consecutive calendar months, during the
				  period including December through August, to maintain average daily production
				  at a minimum of ninety per cent of the producer or producer-distributor's
				  established quota may be required by the board to forfeit any portion of quota
				  that the producer or producer-distributor has failed to produce and deliver,
				  unless such lesser production is required by operation of law or in writing by
				  the board as a result of an estimated decrease in market requirements;
				  and
(3) For the purpose of this
				  section, a condition of inadequate production in a given calendar month shall
				  be deemed to exist when the total production and delivery of milk acceptable
				  for Grade A use in the milk shed does not exceed the sum of the class I
				  utilization and the class II utilization allowed for plant shrinkage as
				  reported to the branch by the distributors and producer-distributors.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 60 - MILK CONTROL RULES › Subchapter 4 - GENERAL PROVISIONS › Section 4-60-16 - Transfers

Current through June, 2024
(a) The individual quotas established by the
				  board to producers and producer-distributors listed in sections 4-60-16 and
				  4-60-14 shall be evidenced by a quota certificate which shall contain the
				  following:
(1) The name and business address
				  of the producer or producer-distributor to whom issued;
(2) The amount of quota allocated to the
				  producer or producer-distributor expressed in hundredweight and cans of whole
				  milk per day; and
(3) Any
				  additional information which the manager may designate.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 60 - MILK CONTROL RULES › Subchapter 4 - GENERAL PROVISIONS › Section 4-60-17 - Delegation of powers and authority regarding quota transfers

Current through June, 2024
The board delegates all of its powers and authority under
					 section 4-60-16 to the manager, milk
					 control branch.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 4 - DIVISION OF MARKETING AND CONSUMER SERVICES › Chapter 60 - MILK CONTROL RULES › Subchapter 4 - GENERAL PROVISIONS › Section 4-60-18 - Rule of construction

Current through June, 2024
The production quotas established by this chapter shall not
					 in any way be interpreted to restrict or burden any milk being transported in
					 interstate commerce."
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-1 - Objectives

Current through June, 2024
The objectives of these rules are to implement the
				  requirements of chapter 149A, Hawaii Revised Statutes (HRS), which provides for
				  the registration, licensing, certification, recordkeeping, usage, and other
				  activities related to the safe and efficacious use of pesticides.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-4 - Incorporation of 40 CFR part 156 (2017); contents of the pesticide label; generally

Current through June, 2024
(a) Title 40, part
				156, Code of Federal Regulations (CFR), published by the Office of the Federal
				Register, as amended as of July 1, 2 017, is made a part of this chapter
				subject to the substitutions and amendments set forth in sections 4-66-4 to
				4-66-31. 40 CFR part 156 (2017), adopted ________________, is appended at the
				end of this chapter.
(b)
									40 CFR section
				156.10(a)(1) (2017) is
				incorporated in this section. The federal term "Act" in
				40 CFR section
				156.10(a)(1) (2017) is
				supplemented with the indicated state term, as incorporated and amended in this
				section:
"Act" includes the Hawaii Pesticides Law, chapter 149A,
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-5 - Label; name, brand, or trademark

Current through June, 2024
40 CFR section
				  156.10(b)(1) (2017) is
				  incorporated in this section. The federal terms "Administrator" and
				  "Registration" in
				  40 CFR section
				  156.10(b)(1) (2017) are
				  supplemented with the indicated state term, as incorporated and amended in this
				  section:
(1) "Administrator" includes
				the administrative head of the division of plant industry, Hawaii department of
				agriculture, or any officer or employee to whom authority has been duly
				delegated.
(2) "Registration"
				includes the state term "license", which means the process of being allowed to
				register a pesticide product pursuant to the provisions of chapter 149A, Hawaii
				Revised Statutes.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-18 - Label; required front panel statements

Current through June, 2024
40 CFR sections
				  156.62,
				  156.64,
				  156.66, and
				  156.68 (2017)
				  are incorporated in this section.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-22 - Label; exceptions to requirement for directions for use

Current through June, 2024
40 CFR section 156.10(i) (1)
				  (iii) (A) to (C) (2017) is incorporated in
				  this section.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-24 - Label; statement of use classification; generally

Current through June, 2024
40 CFR section
				  156.10(j) (2017) is
				  incorporated in this section. The federal term "General use" in
				  40 CFR section
				  156.10(j) (2017) is replaced
				  by the indicated state term, as incorporated and amended in this
				  section:
"General use" is replaced with the state term
				  "nonrestricted".
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-26 - Label; restricted use classification

Current through June, 2024
40 CFR section 156.10(j)
				  (2) (2017) is incorporated in this section.
				  40 CFR section 156.10(j) (2)
				  (i) (B) (2017) is replaced by the indicated
				  paragraph, as incorporated and amended in this section:
"Directly below this statement on the front panel, a summary
				  statement of the terms of restriction imposed as a precondition to registration
				  shall appear. If use is restricted to certified applicators, the following
				  statement is required: "For retail sale to and use only by Certified
				  Applicators or persons under their direct supervision and only for those uses
				  covered by the Certified Applicator's certification." If the head determines
				  that other State regulatory restrictions shall be imposed for the protection of
				  the public, the head may require appropriate terms of restriction as a
				  condition of licensing.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-27 - Label; prominence and legibility

Current through June, 2024
40 CFR section 156.10(a)
				  (2) (2017) is incorporated in this section.
				  The federal terms "Act" and "Regulation" in 4 0 CFR section 156.10(a) (2)
				  (2017) are supplemented with the indicated state terms, as incorporated and
				  amended in this section:
(1) "Act"
				includes the Hawaii Pesticides Law, chapter 149A, Hawaii Revised
				Statutes.
(2) "Regulation" includes
				the state term "rule", which refers to title 4, Hawaii Administrative Rules.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-28 - Label; language to be used

Current through June, 2024
40 CFR section 156.10(a)
				  (3) (2017) is incorporated in this section.
				  The federal term "Agency" in
				  40 CFR section
				  156.10(a)(3) (2017) is
				  supplemented with the indicated state term, as incorporated and amended in this
				  section:
"Head" means the administrative head of the division of
				  plant industry, Hawaii department of agriculture, or any officer or employee to
				  whom authority has been duly delegated.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-29 - Label; placement

Current through June, 2024
40 CFR section
				  156.10(a)(4)(i) to (ii)
				  (2017) is incorporated in this section. The federal term "Act" in
				  40 CFR section 156.10(a) (4)
				  (i) to (ii) (2017) is supplemented by the
				  indicated state term, as incorporated and amended in this section:
"Act" includes the Hawaii Pesticides Law, chapter 149A,
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-30 - Label; false or misleading statements

Current through June, 2024
(a)
									40 CFR section
				156.10(a)(5) (2017) is
				incorporated in this section.
(b)
				The federal terms "Act" and "Regulation" in
				40 CFR section 156.10(a)
				(5) (2017) are supplemented with the
				indicated state term, as incorporated and amended in this section:
(1) "Act" includes the Hawaii Pesticides Law,
				chapter 149A, Hawaii Revised Statutes, and citation to section
				149A-2, Hawaii
				Revised Statutes.
(2) "Regulation"
				includes the state term "rule", which refers to title 4, Hawaii Administrative
				Rules.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-31 - Label; final printed form

Current through June, 2024
(a)
									40 CFR section
				156.10(a)(6)(i) to (ii)
				(2017) is incorporated in this section.
(b) The federal terms "Agency" and
				"Registration" in
				40 CFR section
				156.10(a)(6)(i) to (ii)
				(2017) are supplemented with the indicated state term, as incorporated and
				amended in this section:
(1) "Agency"
				includes the state term "head", which means the administrative head of the
				division of plant industry, Hawaii department of agriculture, or any officer or
				employee to whom authority has been duly delegated.
(2) "Registration" includes the state term
				"license", which means the process of being allowed to register a pesticide
				product pursuant to the provisions of chapter 149A, Hawaii Revised
				Statutes.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-32 - Restricted use pesticides

Current through June, 2024
(a) A pesticide or
				pesticide use classified for restricted use under FIFRA shall be classified as
				a State restricted use pesticide.
(b) Any pesticides or pesticide uses that
				meet or exceed any of the following criteria shall be a candidate for State
				restricted use classification:
(1) Pesticides
				in toxicity categories I and II as defined in section 4-66-18 (
				40 CFR sections
				156.62,
				156.64,
				156.66, and
				156.68
				(2017));
(2) Pesticides or
				pesticide uses that are determined by the head, in consultation with the
				director of the department of health, to be a health hazard for one or more
				reasons including, but not limited to, toxicity, body storage, oncogenicity,
				mutagenicity, and teratogenicity or other reproductive effects;
(3) Pesticides or pesticide uses that can
				reasonably be anticipated to result in contamination of groundwater or
				significant reductions in non-target organisms, or fatality to members of
				endangered species; and
(4)
				Pesticides or pesticide uses authorized under section 18, the Emergency
				Exemption provision, of FIFRA.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-32.1 - Evaluation of pesticides uses

Current through June, 2024
(a) The head may,
				at any time, evaluate a licensed pesticide or pesticide proposed for licensing,
				to carry out the provisions of the Act. The head shall investigate all reported
				events and information received that indicates any pesticide may have caused,
				or is likely to cause, unreasonable adverse effects to humans or the
				environment. If the head finds from the investigation that unreasonable adverse
				effects to humans or the environment have occurred or are likely to occur, the
				pesticide shall be evaluated.
(b)
				The head shall evaluate any pesticide when unreasonable adverse effects to
				humans or the environment have been found and documented to a reasonable degree
				of scientific certainty as being associated with the use of that pesticide.
				Unreasonable adverse effects to humans or the environment shall include, but
				not be limited to, the following circumstances:
(1) Public or worker health hazard;
(2) Pesticide residues in drinking water are
				present in levels that are equal to or exceed twenty per cent of the
				established federal or State health standards or advisories;
(3) Pesticide residues in food or feed are
				present in levels exceeding the established tolerances;
(4) Fish or wildlife hazard, including
				hazards to endangered species,-
(5)
				Toxicity to non-target organisms;
(6) Hazardous packaging;
(7) Misbranded as established in sections
				4-66-4 to 4-66-30 (40 CFR part 156 (2017));
(8) Other information suggesting unreasonable
				adverse effects on humans or the environment associated with the use of a
				specific pesticide; and
(9)
				Discovery that data upon which a license was issued are false, misleading, or
				incomplete.