Title 11, Agriculture And Animals

[PART I. GENERAL PROVISIONS] §141-1 Duties in general. The department of agriculture and biosecurity shall:

§141-12 Agricultural food safety certification program. (a) There is established within the department of agriculture and biosecurity an agricultural food safety certification program. The program shall: (b) The chairperson of the board of agriculture and biosecurity may employ: …

§141-12.5 Grant program; food safety certification costs. (a) There is established in the department of agriculture and biosecurity a grant program to assist farmers and ranchers in meeting the costs, including audit costs and other expenses, of complying with the federal Food Sa…

§141-13 Hawaii healthy food incentive program; rules. (a) There is established a Hawaii healthy food incentive program for beneficiaries of the supplemental nutrition assistance program, to be developed and administered by the department of agriculture and biosecurity. (b) Partic…

§141-14 Industrial hemp special fund; established. (a) There is created in the state treasury a special fund to be designated as the industrial hemp special fund to be administered by the department of agriculture and biosecurity. Moneys deposited in this special fund shall be us…

§141-15 Farmer apprentice mentoring program; established. (a) There is established the farmer apprentice mentoring program, to be administered by the department of agriculture and biosecurity to support farmer mentors in training apprentices. (b) Subject to the availability of fu…

§141-16 Compost reimbursement program. (a) There is established within the department a compost reimbursement program to provide cost reimbursements to farming operations and landscaping operations in the State for the purchase of compost. (b) The compost reimbursement program sh…

§141-17 Fine meshed nets; invasive species; permissible; rules. (a) Notwithstanding any other law to the contrary, fine meshed nets may be used for the protection of plants against invasive species, as determined by the department of agriculture and biosecurity; provided that the…

§141-18 Plant care components; fumigation; treatment; certification; fees; restrictions. (a) The department of agriculture and biosecurity: (b) No person shall distribute within the State any plant care component that originated outside the State, unless: (c) No person shall tran…

§141-2 Rules. Subject to chapter 91, the department of agriculture and biosecurity shall adopt, amend, and repeal rules not inconsistent with law, for and concerning: All rules adopted under this section shall have the force and effect of law. [L 1903, c 44, pt of §5; am L 1913, …

[§141-2.2] Deputy chairperson for biosecurity; established. [Section effective January 1, 2027.] (a) There is established within the department a deputy chairperson for biosecurity. The deputy chairperson for biosecurity shall oversee all of the department's biosecurity initiativ…

§141-3 Designation of pests; control or eradication of pests; emergency power. (a) The department of agriculture and biosecurity shall designate the coqui frog as a pest. All other pest designations shall be established by rule, including the criteria and procedures for the desig…

§141-3.5 Control or eradication programs. (a) The department of agriculture and biosecurity shall develop and implement a detailed control or eradication program for any pest designated in section 141-3, using the best available technology in a manner consistent with state and fe…

§141-3.6 Entry of private property to control or eradicate any pests. (a) The department of agriculture and biosecurity or applicable county shall give at least five days notice to the landowner and the occupier of any private property of its intention to enter the property for t…

§141-4 Weights of coffee; rules. The department of agriculture and biosecurity may make rules respecting the weighing of coffee prior to its shipment to points outside the State, and providing for the certification of weights thereof. Further, a reasonable schedule of fees to def…

[PART III.] COMMERCIAL HEMP PRODUCTION §141-42 Commercial hemp production. [See Note at part heading.] (a) It shall be legal for an individual or entity to produce hemp, as defined in title 7 United States Code section 1639o, if that individual or entity has a license to produce …

§141-43 Rulemaking authority. [See Note at part heading.] (a) The department of agriculture and biosecurity shall adopt rules pursuant to chapter 91 to effectuate the purpose of this part, including any rules necessary to address any nuisance issues, including smell, noise, and e…

§141-5 Charges for inspection, etc. The department of agriculture and biosecurity, with the approval of the governor, shall adopt a reasonable scale of charges, which may be changed from time to time, for the inspection, disinfection, fumigation, and quarantine that is authorized…

[Part IV.] Aquaculture §141-51 Definitions. As used in this part: "Aquaculture" means any form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. The term "aquaculture" does not i…

[§141-52] Aquaculture program. (a) There is established within the department an aquaculture program that shall: (b) The chairperson may employ temporary staff exempt from chapter 76 for the aquaculture program. [L 2022, c 134, pt of §2]

§141-53 Fees for aquaculture services. The department of agriculture and biosecurity may establish and assess fees pursuant to chapter 91 for: provided that the assessment of these fees does not violate any provisions of this chapter. [L 2022, c 134, pt of §2; am L 2025, c 236, §…

[§141-54] Aquaculture development special fund. (a) There is established in the state treasury the aquaculture development special fund into which shall be deposited: (b) Moneys in the aquaculture development special fund shall be used to:

[§141-55] Powers, duties, and activities of the department. (a) The business of aquaculture shall be governed by this part and shall be exempt from any other provisions relating to the harvesting, processing, and marketing of cultured aquatic life. (b) Except as provided in this …

[§141-56] Brood stock acquisition; exclusive property rights. The cultured progeny of wild plants and animals lawfully obtained by brood stock acquisition are the exclusive property of the person who cultured them or that person's successor in interest. [L 2022, c 134, pt of §2]

[§141-57] Protection of indigenous species. (a) When necessary for the protection of indigenous species, the department may regulate the transportation, purchase, possession, and sale of specific aquaculture products as provided for in this section. (b) The department may determi…

[§141-58] Programmatic environmental impact reports. (a) The department shall prepare programmatic environmental impact reports for existing and potential commercial aquaculture operations in both coastal and inland areas of the State if both of the following conditions are met: …

[§141-59] Rulemaking authority. The department shall adopt rules pursuant to chapter 91 to effectuate the purpose of this part. [L 2022, c 134, pt of §2]

§141-6 Appeal from inspector's decision. Any person who feels aggrieved at any decision of any inspector of the department of agriculture and biosecurity shall have the right to appeal from the decision to the board of agriculture and biosecurity. The board shall give a prompt he…

§141-7 General penalty. (a) Any person violating any of the provisions of chapters 141, 142, or 144 to 149A, for which violation a penalty is not otherwise provided, or violating any rule of the department of agriculture and biosecurity, or any master of any vessel which brings i…

[§141-8] Crop damage; civil liability. (a) Any person who wilfully or knowingly damages or destroys any crop, including silvicultural crops or agricultural commodities as defined in section 145-21, that is known by the person to be intended for personal or commercial purposes, or…

§141-9 Energy feedstock program. (a) There is established within the department of agriculture and biosecurity an energy feedstock program that shall: (b) The chairperson of the board of agriculture and biosecurity shall consult and coordinate with the chief energy officer of the…