Hawaii Administrative Code

Any packaged commodity that is a food product characteristic of any existing ethnic group and which is manufactured or produced exclusively for intrastate sale or consumption shall be exempt from the English language requirements of sections 8.1 and 9.1 of National Institute of S…

Fertilizer, plant food and plant nutrient shall, in addition to all other requirements of this chapter, bear a clear, prominent and factual statement of available nitrogen, phosphorus and potassium content, in per cent of weight. This declaration may be identified as "NPK" and sh…

Whenever a consumer commodity is advertised for sale, it shall not be misrepresented nor shall it be presented in a manner tending to deceive an actual or prospective purchaser. (1) When a price is included in the advertisement, there shall be in close proximity to the price and …

Multipurpose-type labels, which include multi-identity, multi-quantity and multi-style, are prohibited for consumer packages, except as provided by federal or state law. Notes Haw. Code R. § 4-93-9 [Eff. 8/21/93] (Auth: HRS § 486-7) (Imp: HRS §§ 486-111; 486-118)

As used in this chapter, "Octane rating label" means a label displaying the minimum octane rating of a gasoline. Notes Haw. Code R. § 4-94-1 [Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-110) (Imp: HRS §§ 486-50, 486-110)

(a) Packaged soil, sand, gravel, volcanic cinders, woodshavings, crushed rock, compost, soil amendments, shredded hapuu, hapuu chunks, planting mixes, chicken or steer manure, redwood bark and other similar media for planting, when packaged in sizes larger than eight dry quarts (…

(a) All petroleum products in the liquid state under atmospheric conditions shall be kept, offered, exposed for sale, or sold in terms of U.S. petroleum gallons or compatible SI litres. (b) All metered sales by the gallon or litre, except those using meters with a maximum rated c…

A cash, script, and debit or credit card sale receipt shall contain at least the following: (1) The retail sale price, including all applicable taxes, per unit volume, upon which the transaction cost is based; (2) The total volume dispensed as displayed on the dispensing device; …

(a) Any gasoline dispenser used to sell gasoline to consumers shall be posted with the minimum octane rating of the gasoline that is sold through that dispenser. The posting shall be done by putting at least one octane rating label in a conspicuous place on each face of the gasol…

(a) Any dispenser offering gasoline for sale by the litre shall have posted, in conspicuous numerals comparable in size to any other unit price which may be posted thereon, the equivalent gallon price for every grade of gasoline dispensed therefrom. The gallon price shall in no c…

Any person who sells a commodity or engages in a practice which does not comply with the requirements of this chapter shall be in violation of this chapter. Notes Haw. Code R. § 4-94-15 [Eff 8/21/93] (Auth: HRS §§ 486-7, 486-110) (Imp: HRS §§ 486-32, 486-53, 486-110)

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. Notes Haw. Code R. § 4-94-16 [Eff. 8/21/93] (Auth: HRS § 486-7) (Imp: HRS §§ 486-7, 486-37)

(a) The National Institute of Standards and Technology handbook 130, 1993 edition, entitled "Uniform Laws and Regulations," part IV, section B, entitled "Uniform Regulation for the Method of Sale of Commodities," is hereby adopted for use by the division of measurement standards …

Canned abalone and concholepas or abalone-like shellfish, in addition to any other quantity declaration prescribed by law, shall be marketed in terms of drained weight. Notes Haw. Code R. § 4-94-3 [Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-110) (Imp: HRS § 486-110)

Aburage shall be marketed in terms of weight. Notes Haw. Code R. § 4-94-4 [Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-110) (Imp: HRS § 486-110)

Honey shall be marketed in terms of weight. Notes Haw. Code R. § 4-94-5 [Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-110) (Imp: HRS § 486-110)

Konnyaku shall be marketed in terms of weight. Notes Haw. Code R. § 4-94-6 [Eff. 8/21/93] (Auth: HRS § 486-7) (Imp: HRS § 486-110)

Laulau shall be marketed in terms of count. Notes Haw. Code R. § 4-94-7 [Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-110) (Imp: HRS § 486-110)

Nori, intended for use in making sushi or musubi, shall in addition to any other expression of quantity be marketed in terms of sheet count and size. The sheet size shall be the nominal dimension, plus or minus three-eighths of an inch on a side. Notes Haw. Code R. § 4-94-8 [Eff …

Tofu shall be marketed in terms of weight. Notes Haw. Code R. § 4-94-9 [Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-110) (Imp: HRS § 486-110)

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. Notes Haw. Code R. § 4-96.1-1 [Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

The fee for a requested special test shall be $500 except if: (1) The requested special test requires the use of the test-weight truck, the fee shall be $750; (2) The requested special test requires the use of the one-thousand-gallon petroleum test equipment, the fee shall be $75…

When the payment of any fee established in this chapter is made by check, a charge of $ 25.00 shall be assessed, in addition to the amount of the fee, if the check is not honored due to insufficient funds. Notes Haw. Code R. § 4-96.1-11 [Eff APR 25 2009] (Auth: HRS § 486-7) (Imp:…

The administrator may exempt a device or class of devices from the fee requirements of this chapter when the exemption is in the public interest. Notes Haw. Code R. § 4-96.1-12 [Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Any person omitting the required acts or committing the proscribed acts, or failing to pay the fees as established herein shall be in violation of this chapter and subject to the provisions of chapter 486 Hawaii Revised Statutes. Notes Haw. Code R. § 4-96.1-2 [Eff APR 25 2009] (A…

This chapter shall apply to all weighing and measuring devices engaged in or susceptible of commercial usage. Notes Haw. Code R. § 4-96.1-3 [Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

As used in this chapter, "Accurate" means the performance or value (the indications, deliveries, recorded representations, or capacity or actual value, etc., as determined by tests conducted according to suitable standards) of a piece of equipment conforms to the standard within …

(a) Prior to the use of any device susceptible of commercial usage, an annual license fee shall be paid as prescribed in Table I entitled "Schedule of Annual License Fees", dated November 25, 2008, and located at the end of this chapter. (b) The license fee, payable to the state …

(a) Any measuring device engaged in or susceptible of commercial usage shall be licensed for the year of potential use. The license fee shall become due and payable as scheduled in section 4-96.1-5. (b) The use of any measuring device, not licensed as required in this chapter, is…

The measurement standards application for licensing a commercial measuring device may be obtained from the administrator upon request. Notes Haw. Code R. § 4-96.1-7 [Eff APR 25 2009] (Auth: HRS § 486- 7) (Imp: HRS § 486-7)

The payment of a license fee shall be the responsibility of the person deriving the direct economic benefit from the use of the device. Notes Haw. Code R. § 4-96.1-8 [Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

(a) A measurement standard, used in proving the correctness of equipment engaged in or susceptible of commercial usage, shall be submitted annually to the administrator for examination as to suitability. (b) Certification fees shall be paid according to Table 2 entitled "Schedule…

This chapter shall govern the practice and procedure before the department of the attorney general. It is the intention that this chapter shall, in part, effectuate and carry out the purposes and policies of chapters 91 and 92, Hawaii Revised Statutes, and shall be construed and …

Whenever used in this chapter, unless the context otherwise requires: "Complainant" means the person, agency, or officer upon whose complaint a proceeding is instituted. "Contested case" means a proceeding in which the legal rights, duties, or privileges of specific parties are r…

This subchapter shall apply to any agency, board, commission, authority, or committee of the department that is a "board" as defined by section 92-2, Hawaii Revised Statutes. Notes Haw. Code R. § 5-1-21 [Eff JAN. 16, 1993] (Auth: HRS §§ 28-10.8, 91-2) (Imp: HRS §§ 91-2, 92-3)…

(a) Unless otherwise required by statute or administrative rule, meetings shall be conducted in accordance with the current edition of Robert's Rules of Order. (b) Interested persons wishing to submit data, views, or arguments, in writing, on any agenda item shall submit to the a…

(a) The central office of the department and the office of the attorney general are located in Hale Auhau at 425 Queen Street, Honolulu, Hawaii 96813. (b) The department has divisions that are either legal services providers or administrative in functions. These divisions are loc…

The general procedures specified in this chapter shall apply to all contested cases that may come before any division or administratively attached agency, board, commission, or office of the department to the extent that specific procedures, such as those for child support enforc…

The director or the director's representative shall maintain a docket of all contested cases processed under this subchapter and not under other specific procedures and each case shall be assigned a number. Notes Haw. Code R. § 5-1-32 [Eff JAN. 16, 1993] (Auth: HRS §§ 28-10.8, 91…

(a) A hearing on a contested matter shall be scheduled by the department on its own motion or upon the complaint or petition of any interested person or any agency of the state or county governments when the processing of a complaint or petition necessitates such a hearing. (b) A…

(a) The director shall conduct the hearings on a contested case, shall render the decision, and shall issue such orders and take such actions as may be required; provided that the director may designate a representative who shall be the presiding officer, conduct the hearings, an…

(a) A presiding officer shall be disqualified from deciding a contested matter if the presiding officer:(1) Has a substantial financial interest, as defined by section 84-3, Hawaii Revised Statutes, in a business or other undertaking that will be directly affected by the decision…

If a presiding officer is absent from a scheduled hearing or is incapacitated from performance of duty, the director may designate another representative to serve as a substitute presiding officer without abatement of the proceedings. Notes Haw. Code R. § 5-1-36 [Eff JAN. 16, 199…

(a) No person shall communicate with the presiding officer regarding matters to be decided by the presiding officer with the intent, or the appearance of the intent, to influence the decision of the presiding officer, unless all of the parties to the proceedings are given notice …

In computing any period of time prescribed or allowed by these or other applicable rules or by order of the department, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shal…

(a) All pleadings, submittals, petitions, applications, charges, reports, maps, exceptions, briefs, memorandums, and other papers required to be filed in any proceeding, shall be filed with the director or as instructed by the director. Such papers may be sent by mail or hand-car…

The offices of the department shall be open from 7:45 a.m. to 4:30 p.m., Monday to Friday, except state holidays and except that, pursuant to executive orders issued by the governor of Hawaii, the civil identification section of the Hawaii criminal justice data center shall be op…