Hawaii Administrative Code

If any provision of this chapter is held invalid, the invalidity shall not affect the remainder and, to this end, the provisions of this chapter are severable. Notes Haw. Code R. § 4-89-13 [Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-132) (Imp: HRS § 486-132)

As used in this chapter: "Certificate" means a certificate of measure, issued in compliance with chapter 486, HRS. Notes Haw. Code R. § 4-89-2 [Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-132) (Imp: HRS §§ 486-131, 486-132, 486-133, 486-134, 486-135, 486-136, 486-137)

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 majori…

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 i…

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 …

(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 ch…

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. Notes Haw. Code R. § 4-89-7 [Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-132) (Imp: HRS § 486-132)…

(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 full…

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…

This chapter shall govern the procedures of the department of agriculture relative to loans and the administration of loans to qualified aquaculturalists. Notes Haw. Code R. § 4-9-1 [Eff 9/28/81] (Auth: HRS § 219-5) (Imp: HRS § 219-5)

(a) Disbursement shall be made only after proper documentation, recordation, and filing at the bureau of conveyances is completed. (b) Disbursement of loan funds shall require approval of the division. (c) Loan funds shall be disbursed through deposit in a special supervised acco…

(a) Loans made under this chapter shall be repaid in accordance with terms of the note and payments shall be applied first to interest and then to principal. (b) Additional payments in any sum, or the payment of the entire principal may be made at any date within the time period …

(a) The administration of the loan appraisal shall be the responsibility of the division: (1) Whenever practicable, independent appraisers shall be utilized; and (2) The applicant shall order and pay for all costs made by independent appraisers. (b) Appraisals made by bank, farme…

(a) Responsibility for the administration of the aquaculture loan program shall be placed within the agricultural loan division. (b) Each borrower shall submit to the department an annual financial statement during the life of the loan and such interim statements and reports as m…

(a) The purpose of the program is to financially assist in the development of aquaculture through the making of loans to qualified applicants. (b) The intent of the program is to further the development of aquaculture in the state. Notes Haw. Code R. § 4-9-2 [Eff 9/28/81] (Auth: …

Whenever used in this chapter: "Bank of the farm credit system" means either the production credit association of hawaii, the federal land bank association of hawaii, or the sacramento bank for cooperatives; "Department" means the department of agriculture of the state of Hawaii;…

An applicant for an aquaculture loan shall be: (1) A qualified aquaculturalist; (2) A sound credit risk with ability to repay the money borrowed; (3) Willing to carry out recommended aquacultural management practices; (4) An adult resident of the State of Hawaii; (5) A corporatio…

(a) No loan shall be made for the production of any aquacultural product for the purpose of selling or keeping of such animals as pets. (b) No loan shall be made unless the applicant has been unable to secure loans at reasonable rates and terms from:(1) A private lender; and (2) …

(a) Any qualified aquaculturalist who meets the eligibility requirements may apply for an aquaculture loan with the division. (b) Applications shall be made on prescribed forms available at department offices. (c) Applications for loans shall contain financial statements, project…

(a) Every borrower who is granted a loan shall comply with the following conditions: (1) Expend no portion of his loan for purposes other than those sanctioned by the department; (2) Carry out recommended management practices, including the keeping of proper records; (3) Not sell…

(a) For purposes of class "A" and class "C" facility loans, no loan shall exceed eighty five per cent of the value of the security offered; for purposes of class "B" loans and class "C" operating loans, the ratio of loan to the value of the security offered shall be discretionary…

(a) The interest rate charged by the state shall be at five per cent simple interest per annum. (b) All loans shall bear simple interest on the unpaid principal balance, charged on the actual amount disbursed to the borrower. Notes Haw. Code R. § 4-9-9 [Eff 9/28/81] (Auth: HRS § …

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. § 4-91-1 [Eff. 12/26/81] (Auth: HRS § 486-9) (Imp: HRS § 486-9)

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…

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 th…

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 c…

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. Notes…

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. Notes Haw. Code R. § 4-91-6 [Eff. 12/26/81] (Auth: HRS § 486-9) (Imp: HRS §§ 486-9, 486-11, 486-25)

(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 stick…

As used in this chapter, (1) "Island fresh logo" means the design created by the state department of agriculture and registered with the state department of commerce and consumer affairs and consisting of the words "island fresh" in conjunction with a design of a happy, smiling f…

The National Institute of Standards and Technology handbook entitled "NBS Handbook 133, third edition, Checking the Net Contents of Packaged Goods," and its supplements, NIST handbook 133, third edition, supplement 1; NIST handbook 133, third edition, supplement 2; and NIST handb…

Any person who 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. § 4-93-11 [Eff 8/21/93] (Auth: HRS § 486-7) (Imp: HRS § 486-32)

If any provision of this chapter is held invalid, the invalidity shall not affect the remainder and, to this end, the provisions of this chapter are severable. Notes Haw. Code R. § 4-93-12 [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 A, entitled "Uniform Packaging and Labeling Regulation," is hereby adopted for use by the division of measurement standards with the follow…

The terms "net" or "net contents" may be used with the declaration of quantity when stating the net liquid quantity of contents in terms of net fluid measure. Notes Haw. Code R. § 4-93-3 [Eff. 8/21/93] (Auth: HRS § 486-7) (Imp: HRS § 486-110)

Any processed milk or milk product that has been at least ninety per cent, by weight, produced in the State shall, in addition to all other labeling requirements, meet one of the following additional requirements: (1) Have a statement conspicuously displayed on the principal disp…

(a) A placard label may be used at retail level to advertise or label fresh produce. The product shall be deemed in compliance with this chapter if it is labeled by placard in a prominent and conspicuous manner and in lettering at least three-eighths of an inch in height, stating…

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 …