Hawaii Administrative Code

(a) The incorporation by reference of 40 C.F.R. section 279.10 is amended as follows: (1) In 40 C.F.R. section 279.10(a), insert at the end of the paragraph: "For used oil sent for disposal, a hazardous waste determination shall be made in accordance with 40 C.F.R. section 262.11…

(a) The incorporation by reference of 40 C.F.R. section 279.20 is amended as follows: (1) In 40 C.F.R. section 279.20(b), replace "(b)(1) through (5)" with "(b)(1) to (6)". (2) In 40 C.F.R. section 279.20(b)(5), delete ", including the use of used oil as a dust suppressant,". (3)…

The incorporation by reference of 40 C.F.R. section 279.31 is amended as follows: replace 40 C.F.R. section 279.31(b)(2) in its entity to read: "(2) Obtain a permit under section 11-279.1-14." Notes Haw. Code R. § 11-279.1-6 [Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-35,…

(a) The incorporation by reference of 40 C.F.R. section 279.40 is amended as follows: (1) In the introductory paragraph of 40 C.F.R. section 279.40(d), replace "(d)(1) through (5)" with "(d)(1) to (6)". (2) In 40 C.F.R. section 279.40(d)(4) delete "and". (3) In 40 C.F.R. section …

(a) The incorporation by reference of 40 C.F.R. section 279.50 is amended as follows: (1) In the introductory paragraph of 40 C.F.R. section 279.50(b), replace "(b)(1) through (b)(5)" with "(b)(1) to (6)". (2) In 40 C.F.R. section 279.50(b)(4), delete "and". (3) In 40 C.F.R. sect…

(a) The incorporation by reference of 40 C.F.R. section 279.60 is amended as follows: (1) In 40 C.F.R. section 279.60(b)(4), delete "and". (2) In 40 C.F.R. section 279.60(b)(5), delete ", including the use of used oil as a dust suppressant," and replace the period at the end with…

Notes Haw. Code R. §§ 11-280-100 to 11-280-204 Rep 7/17/2017

Notes Haw. Code R. §§ 11-281-01 to 11-281-131 R 7/15/2018

The purpose of this chapter is to establish standards of identity, quality and labeling, for foods and to regulate the sale of aquatic foods in the interest of consumer protection and the public welfare. Notes Haw. Code R. § 11-29-1 [Eff NOV. 5, 321-10, 321-11, 328-8, 328-19.1, 3…

Any person who shall violate any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500 or by imprisonment for not more than one year or by both such fine and such imprisonment as provided in Sectio…

Should any section, paragraph, sentence, clause, phrase or application of this chapter be declared unconstitutional invalid for any reason, the remainder or any other application of said chapter shall not be affected thereby. Notes Haw. Code R. § 11-29-11 [Eff. Nov. 5, 1981] (Aut…

"Aquatic food" includes all species of edible plants and animals from fresh, brackish, salt, or sea water. "Consumer commodity" means any food, but shall not include any meat or poultry products, except as these products are sold at retail in stores and restaurants. "Food" means …

(a) Any meat or meat products or poultry or poultry products, if sold as a consumer commodity, shall conform to the identity and labeling requirements set forth by the Secretary of Agriculture, United States Department of Agriculture. As provided by the Secretary of Agriculture, …

(a) It shall be unlawful to take, sell, deliver for sale, hold for sale, or offer for sale, any aquatic food from anybody fresh, brackish, or salt water which the State department of health may find and declare to be polluted to the extent that such pollution constitutes a condit…

(a) Crude salt which has not been demonstrated as being safe for human consumption shall not be sold for food use. This salt, if offered for sale, shall be conspicuously and durably labeled as follows: "Crude Salt Not For Food Use." The statement "Not For Food Use" shall be in bo…

(a) Poi is the unadulterated product of the edible taro root (tubers) made into paste, which shall contain not less twenty-eight per cent of total solids. (b) Ready-mixed poi means poi mixed with water and containing not less than fifteen percent of total solids. The label of thi…

The definitions and standards of identity and quality for foods, food products, and food by-products not specifically identified or standardized by this chapter shall be identical with the following regulations issued by the United States Food and Drug Administration: 21 CFR Part…

(a) The following food regulations of the United States Food and Drug Administration shall be adopted insofar as they do not conflict with the provisions of this chapter or any other rule enforced by the department of health: 21 CFR Part 1 General Regulations for the Enforcement …

Any representation that expresses or implies that a food product or any Ingredient of a food product has its geographical origin in the State may render such food product misbranded except when such representation is either: (1) A truthful representation of geographical origin; (…

The purpose of this chapter is to established maintain a Hawaii drug formulary of equivalent drug products. Notes Haw. Code R. § 11-33-1 [Eff: JUN 05 1981] (Auth: HRS § 328-96) (Imp: HRS § 328-96)

As used in this chapter: "A code" means the designation given to drug products considered by the United States Food and Drug Administration to be therapeutically equivalent to other pharmaceutically equivalent products. "Board" means the drug product selection board established b…

(a) The "Hawaii Drug Formulary of Equivalent Drug Products" dated May, 1981, appended to this chapter is hereby established and made a part of this section. The Hawaii drug formulary shall be reviewed annually and may be revised as often as necessary to conform to changes made in…

The purpose of this chapter is to establish sanitary controls for the shellfish industry. These provisions shall apply to the growing area and to all aspects of harvesting, processing, packaging, storing, and distributing of shellfish. Notes Haw. Code R. § 11-35-1 [Eff. SEP 18 19…

(a) Facilities. (1) Plant arrangement. (A) Plants in which shellfish are shucked and packed shall be located so that they will not be subject to flooding. Any shellstock subjected to flooding shall be relayed, depurated or destroyed. (B) Shucking and packing operations shall be c…

When repacking (packaging of shucked shellfish in plants other than those in which they were originally shucked) is practiced, it shall be done in accordance with the requirements of § 11-35-10 and the following provisions of this section: (a) Repacking of shucked shellfish. (1) …

Persons who reship shellfish from certified shellstock shippers, shucker-packers or repackers to other certified shippers or to final consumers shall be certified as reshippers. A reshipper is not permitted to shuck shellfish, nor to repack shucked shellfish. If shellstock is han…

(a) Shellfish shipped into Hawaii. (1) Market shellfish shipped into Hawaii from outside the state shall be from approved growing areas and certified by the appropriate agency of the state or county of origin and shall be acceptable to the Hawaii state department of health. (2) E…

If any provision of these regulations or the application thereof to any person or circumstance, is held invalid, other applications, and the remainder of these regulations shall not be affected hereby. Notes Haw. Code R. § 11-35-14 [Eff SEP 18 1981] (Auth: HRS §§ 321-9, 321-10, 3…

"Action level" means the interim limit established for a deleterious substance present in a product or an environment, above which level control or regulatory action may be required to protect public health. "Alert level" means the level of deleterious substance in a product or a…

The regulations governing the requirements for shellfish certification in their several forms (shucker-packer, shell stock-shipper, reshipper, repacker) in the State of Hawaii shall equal or exceed the requirements set forth by the Food and Drug Administration of the U.S. Departm…

(a) All collection and transportation of shellfish growing water samples and shellstock shall be performed in accordance with the "Recommended Procedures for the Examination of Sea Water and Shellfish" (APHA, 4th ed., 1970). (b) Analyses of these samples for bacteriological, toxi…

(a) The taking of any shellfish from public waters is under the jurisdiction of the state department of land and natural resources, division offish and game, and is subject to that department's regulations, enforcement and penalties. (b) Any person who violates any provision of t…

(a) No person shall buy sell, offer for sale, receive, keep, transport, deliver, or take any shellfish not declared by the department to be approved or otherwise fit for direct marketing. (b) A sanitary survey shall be made by the department of each shellfish growing area prior t…

(a) Artificial growing systems for shellfish shall meet the performance criteria of natural growing water systems as stated in § 11-35-6(c). The operator of an artificial growing system shall be issued a shellstock shipper's certificate. Harvesting, processing, packing, storing a…

(a) Relaying. (1) The relaying of market-size shellfish from a prohibited or restricted area to an approved area shall be conducted only with the written permission and under the supervision of the department. (2) Shellfish from public waters shall only be relaid with the permiss…

(a) Harvesting and transporting of shellstock. (1) All boats and trucks used in connection with a shellfish business shall be constructed, operated, and maintained to prevent contamination or deterioration of the shellfish, and shall be kept clean. (2) No boat shall discharge sew…

The purpose of this chapter is to adopt rules governing implementation of the Nursing Student Loan program authorized by chapter 321, Hawai'i Revised Statutes. Notes Haw. Code R. § 11-351-1 [Eff JUN 25 1992] (Auth: HRS §§ 321-24, 321-25, 321-26) (Imp: HRS §§ 321-24, 321-25, 321-2…

(a) Applicants will be notified in writing of their approval or disapproval for the loan request at least thirty days prior to the upcoming academic semester. (b) For approved applicants, warrants will be issued directly to the recipient at least ten days prior to the start of th…

(a) The maximum individual loan amount shall not exceed $10,000 per recipient for any one academic year. (b) The director shall determine the extent and kinds of security required for each loan, if any. (c) No loan shall be granted for a period exceeding five years. The following…

(a) Repayment of the loan shall commence twelve months after the recipient has graduated, been licensed, and has obtained employment as a registered nurse in Hawaii. (b) Loan recipients shall have their outstanding repayment obligation reduced by twenty percent per year for each …

Loans that are three installments in arrears shall be considered in default The recipient shall also be considered to be in default for failure to comply with any term or condition of the loan authorization or agreement If the recipient is in default, the whole of the loan, at th…

As used in this chapter, unless a different meaning clearly appears in the context; "Department" means the department of health of the State of Hawai'i; "Director" means the director of health of the State of Hawai'i or a duly authorized designate; "Loan" mean a financial obligat…

The operation and implementation of the loan program shall be conducted in accordance with the remaining sections of this chapter and a loan fund management procedural guide. A copy of the loan fund management procedural guide used by the administrator shall beat the department's…

(a) The fund is implemented on the basis of an initial legislative appropriation of $250,000. (b) The fund may also accept donations from any legitimate source, including federal and private grants and gifts from private foundations or endowment organizations. Donations will be r…

(a) The department shall provide low interest loans to students who are studying to become licensed registered nurses or nurse practitioners and who intend to work in the State. The loan amount shall be used for: (1) Payment of tuition; and (2) Other necessary financial assistanc…

Consideration for loans under this chapter shall be extended only to applicants who meet the following minimum requirements: (1) The applicant is or plans to be a student pursuing a career as a registered nurse; (2) The applicant has been accepted and is classified as a full-time…

(a) All persons applying for loans shall utilize the loan application form provided by the department upon request. (b) The application form shall be submitted to the department at least ninety days prior to the start of the up academic semester. (c) Applicants are required to su…

(a) All completed loan applications shall be reviewed by the loan advisory committee. (b) The loan advisory committee will meet on a semiannual basis, or as determined by the committee, to review loan applications. (c) The loan advisory committee recommendations will be guided by…

The director may disapprove the loan application for any of the following reasons: (1) Applicant cannot meet certain practical credit requirements established by the loan advisory committee; (2) Applicant's moral character is questionable as determined by the loan advisory commit…

The purpose of this Chapter is to establish rules for controlling the sale of prophylactics through vending machines. Notes Haw. Code R. § 11-36-1 [Eff MAR 12 1982] (Auth: HRS §§ 321-9, 321-10, 321-11, 321-115, 328-21) (Imp: HRS §§ 321-11, 321-115)