Hawaii Administrative Code

As used in this chapter: "Abnormal" means the shell may be somewhat unusual or decidedly misshapen or faulty in soundness or strength, or may show pronounced ridges or thin spots. "Air cell" means the air space between shell membranes, normally at the large end of the egg. "Blood…

(a) Each egg imported from the mainland United States or foreign countries shall be individually stamp marked in clear and plain letters of not less than twelve point type, with the letters "US" on eggs produced in the mainland United States or the name of the country of origin o…

(a) Importers of eggs shall furnish the following information to the department at least two working days prior to the arrival of any shipment of imported eggs: (1) Arrival date of shipment; (2) Name of vessel or air carrier; (3) Voyage or flight number; (4) Shipping container id…

Any person who violates any provision of this chapter may be subject to the actions, procedures, and penalties provided in sections 147-79 and 147-80, Hawaii Revised Statutes. Notes Haw. Code R. § 4-46-12 [Eff 1/16/84; am and comp 3/24/86] (Auth: HRS § 147-74) (Imp: HRS §§ 147-74…

Advertisements of the price at which eggs are offered for sale shall be accompanied by the designation of grade, size and geographic origin of eggs, and of shell treatment if applicable, in bold, legible, conspicuous letters or typeface. Such designation shall be in addition to a…

(a) The shell of an AA quality egg shall be clean, unbroken, and practically normal; the air cell shall not exceed one-eighth inch in depth, may show unlimited movement, and may be free or bubbly; the white shall be clear and firm so that the yolk is only slightly defined when th…

(a) Consumer Grade AA shell eggs shall consist of eggs which are at least eighty-seven per cent AA quality. Within the maximum tolerance of thirteen per cent which may be below AA quality, not more than one per cent may be B quality due to air cells over three- eighths inch, bloo…

(a) The following weight classes shall apply to all consumer grades for shell eggs: (1) Jumbo shell eggs shall consist of eggs that are thirty ounces minimum net weight per dozen, fifty-six pounds minimum net weight per thirty dozens, and twenty-nine ounces minimum net weight for…

(a) The designation of origin, grade, and size of shell eggs shall be: (1) Marked on containers; (2) Plainly and conspicuously printed on the principal display panel; and (3) In type size of not less than 3/16 inch in height. (b) The statement of identity for shell eggs shall be …

(a) Shell eggs which have been incubated shall not be sold, offered for sale, or advertised for sale for human consumption unless such eggs are legibly and conspicuously labeled as "Balut", "Chicken Embryo", or "Incubated Fertile Eggs". Incubated eggs shall be exempt from the gra…

Any person storing, transporting or selling shell eggs for human consumption that have been washed, shall keep such eggs at an ambient temperature of no greater than forty-five degrees fahrenheit, except when the eggs are being candled or graded. Notes Haw. Code R. § 4-46-7 [Eff …

(a) Any authorized inspector of the department may enter any place or conveyance where eggs are produced, candled, incubated, stored, packed, delivered for shipment, loaded, shipped, transported, offered for sale, or sold and may inspect all such eggs, the containers in which the…

(a) The department may designate any competent employee as an inspector to inspect or classify shell eggs in accordance with the provisions of this chapter. (b) Designated inspectors may inspect or classify shell eggs at the request of persons having financial interest in the she…

As used in this chapter: "Board" means the board of agriculture. "Branch store" means any additional store owned and operated by a person subject to licensing under chapter 145, Hawaii Revised Statutes, and this chapter, which conducts the same class of business as that person. "…

(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 th…

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 o…

(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 …

(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…

(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 issue…

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. Notes Haw. Code R. § 4-48-15 [Eff 1/16/84; comp 3/24/86] (Auth: HRS § 145-15) (Imp: HRS § 145-10)…

(a) A separate license shall be required for each person and each branch store. (b) Any person subject to licensing shall file an application for the required license or licenses with the department on an approved application form. This application form is available from the bran…

(a) The license fees for the different classes of business shall be as follows: (1) The commission merchant, dealer, processor, agent, or broker license fee shall be $40 annually, for each classification; (2) The retail merchant license fee shall be $10 annually, provided that if…

(a) A license shall be required for each branch store and may be obtained by the main store or parent company. (b) The license shall be identified by the words "BRANCH STORE". (c) A separate application form need not be completed provided the name and address of the branch store …

(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…

(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 sec…

(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 requi…

(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 pr…

(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 recei…

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. "Departme…

(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 …

(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 …

(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…

(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…

(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 comm…

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 p…

(a) In proposing enforcement actions, the department may use the enforcement action and penalty assessment schedule dated, which is appended at the end of this chapter and made a part of this section by reference. In selecting an appropriate penalty, the department shall consider…

40 CFR section 156.10(g)(1) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-10 [Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019

40 CFR section 156.10(g) (2) (i) to (ii) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-11 [Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019

40 CFR section 156.10(g)(3) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-12 [Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019

40 CFR section 156.10(g) (4) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-13 [Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019

40 CFR section 156.10(g)(5) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-14 [Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019

40 CFR section 156.10(g)(6) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-15 [Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019

4 0 CFR section 156.10(g)(7) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-16 [Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019

40 CFR section 156.60 (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-17 [Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.60) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.60) Am and comp 8/23/2019

40 CFR sections 156.62, 156.64, 156.66, and 156.68 (2017) are incorporated in this section. Notes Haw. Code R. § 4-66-18 [Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §§156.60 - 156.68) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §§156.60 - 156.68) Am a…

40 CFR sections 156.70 and 156.78 (2017) are incorporated in this section. Notes Haw. Code R. § 4-66-19 [Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §§156.70, 156.78, 156.80 and 156.85) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §§ 156.70, 156.78, 156.80 and…

(a) Beginning January 1, 2 019, no person shall apply a restricted use pesticide on or within one hundred feet of a school property during normal school hours. (b) This section shall not apply to whole structure fumigation. (c) If this section is determined to conflict with any p…

40 CFR section 156.10(i)(1)(i) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-20 [Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §15, 6.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019

40 CFR section 156.10(i)(1)(ii) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-21 [Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019

40 CFR section 156.10(i) (1) (iii) (A) to (C) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-22 [Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019…