Chapter 147 — Chapter 147

PART I. FRESH FRUITS, VEGETABLES, NUTS, HONEY, AND COFFEE §147-1 Definitions. As used in this part, the term: "Agricultural commodity" means fresh fruits and fresh vegetables of every kind and character, whether or not frozen or packed in ice, whether produced in the State or imp…

§147-10 Income from certification and agriculture control activities. Except for fees collected by the department pursuant to part VII, all fees, expenses, and penalties collected by the department pursuant to this part shall be deposited with the director of finance to the credi…

PART VII. CERTIFICATION SERVICES REVOLVING FUND §147-101 Certification services revolving fund. There is established a certification services revolving fund for use by the department of agriculture and biosecurity to support certification or audit services established under parts…

§147-102 Certification and audit services. The department of agriculture and biosecurity shall fix, assess, and collect fees for certification or audit services provided by temporary inspectors employed under this part. The fees shall be in amounts necessary to cover all costs of…

[PART VIII.] AGRICULTURAL SAFETY AND SECURITY §147-111 Definitions. As used in this part, unless the context otherwise requires: "Department" means the department of agriculture and biosecurity. [L 2003, c 49, pt of §1; am L 2025, c 236, §17]

§147-116 Hawaii good agricultural practices program. (a) There is established the Hawaii good agricultural practices program to be administered by the department of agriculture and biosecurity. The purpose of the program is to develop and support good agricultural practices for H…

§147-122 Definitions. As used in this part, unless the context otherwise requires: "Certifying agency" means: "Department" means the department of agriculture and biosecurity. "Seed" means:

§147-2 Duties of department; violations; proceedings; penalties. The department shall administer and enforce this part and rules adopted by the department pursuant thereto. The following penalties, remedies, procedures, and actions shall apply in instances of violations and compl…

PART II. EXPORTS: FRUITS, VEGETABLES, NUTS, COFFEE, AND HONEY §147-21 Definitions. For the purposes of this part, unless otherwise required by the context: "Agricultural commodity" means fruits, [vegetables], nuts, coffee, and raw unprocessed honey. "Commercial exporter" means an…

§147-22 Rules. The department shall have the necessary powers to carry out and effectuate the purposes of this part, including the following: To establish, prescribe, modify, or alter, by rules, such grades, standards, grade labels, and classifications as shall be the minimum req…

§147-23 Prohibited acts. (a) No commercial exporter shall ship any fresh or processed agricultural commodities to points outside the State unless such products meet the quality, condition, and labeling requirements of the rules adopted under this part. (b) No Hawaii-grown coffee …

§147-24 Inspection. The board of agriculture and biosecurity may designate any employee or agent of the department to inspect or classify fresh and processed agricultural commodities. [L 1955, c 258, §6; RL 1955, §22-24; am L 1959, c 267, §1; am L Sp 1959 2d, c 1, §22; am L 1961,…

§147-25 Duties of department; violations; proceedings; penalties. (a) The department shall administer and enforce the provisions of this part and rules adopted thereunder. (b) In respect of violations or complaints of violation of this part or rules adopted by the department purs…

§147-3 REPEALED. L 1991, c 134, §2.

PART III. EXPORTS: FLOWERS AND FOLIAGE §147-31 Definitions. For the purposes of this part, unless otherwise required by the context: "Commercial exporter" means any person who exports or causes to be exported from the State of Hawaii: (1) any fresh or processed flowers or foliage…

§147-32 Rules and regulations. The department of agriculture and biosecurity shall have the necessary powers to carry out and effectuate the purposes of this part, including the following: To establish, prescribe, modify, or alter, by rules and regulations, which shall have the f…

§147-33 Prohibited acts. No commercial exporter shall ship any fresh or processed flowers or foliage to points outside the State unless such products meet the minimum export quality and condition requirements and are so packaged in containers with such packaging material and in s…

§147-34 Inspection; certification fees. The board of agriculture and biosecurity may designate any employee or agent of the department as an inspector to classify and inspect fresh and processed flowers and foliage for quality and condition and to determine if containers, packing…

§147-35 REPEALED. L 1993, c 55, §1.

§147-37 Duties of department; violations; proceedings; penalties. (a) It shall be the duty of the department to administer and enforce the provisions of this part and rules promulgated thereunder. (b) In respect of violations or complaints of violation of this part or rules adopt…

§147-4 Rules. The department may make rules, subject to chapter 91: In making the rules the department shall take into account, among other things, the factors of maturity, condition, soundness, color, shape, size, and freedom from defects of the agricultural commodity in questio…

§147-5 Prohibition of deceptive packing. No person shall sell, expose, or offer for sale, or transport for sale in open or closed packages agricultural commodities packed in such manner that the face or shown surface is so superior to the unexposed portion as to quality, size, co…

PART IV. PROCESSED FOOD §147-51 Definitions. For the purpose of this part, unless otherwise required by the context: "Department" means the department of agriculture and biosecurity. "Food product" or "product" means any and all fruits, vegetables, nuts, and coffee, or part or pa…

§147-52 Grades, standards and classifications; changes. The standards for grading and classifying food products that have been or may be hereafter adopted, prescribed, or announced by the United States Department of Agriculture or by or under authority of the Congress of the Unit…

§147-53 Department; grades, standards, and classifications; factors. In establishing any grades, standards, or classifications for any food product, the department of agriculture and biosecurity, in addition to such factors as may be specified in any other law, shall take into ac…

§147-54 Department, consideration of use. The factors required to be considered by the department of agriculture and biosecurity in establishing any grades, standards, or classifications for any food product shall be applied in accordance with the extent to which and manner in wh…

§147-55 Department, notice of hearing. In establishing and prescribing the standards, or any alterations or modifications to the standards, the department of agriculture and biosecurity shall call a public hearing and give notice thereof in conformity with chapter 91. [L 1947, c …

§147-56 Department, hearing, determination. After holding a public hearing upon the establishment, alteration, or modification of any grades, standards, or classifications, the department of agriculture and biosecurity shall consider the facts and arguments presented at the heari…

§147-57 Department, rules and regulations, contracts, cooperation, fees. The department of agriculture and biosecurity, in addition to powers granted by this part or any other law, shall have all powers necessary or convenient to carry out and effectuate this part, including the …

§147-58 Department; inspections, etc.; request necessary. The board of agriculture and biosecurity may designate any employee or agent of the department of agriculture and biosecurity to inspect or classify food products, in accordance with such regulations as the department may …

§147-59 Continuous factory inspection; request necessary; labels or marks. The board of agriculture and biosecurity may designate any employee or agent of the department of agriculture and biosecurity to perform continuous factory inspection or classification of food products, in…

§147-6 REPEALED. L 1991, c 134, §3.

§147-60 Certificate, appeal to department. Whenever any quantity of any food product has been inspected and certified hereunder and a question arises as to whether the certificate issued therefor shows the true grade, classification, quality, or conditions of the product, any int…

§147-61 Certificate, prima facie evidence. A certificate, when not superseded by a finding on appeal, or a finding on appeal of the grade, classification, quality, or condition of any food product, issued under this part and all certificates issued under authority of the Congress…

§147-62 Misrepresentation as to grade, etc., penalties. (a) If any quantity of any food product has been inspected and a certificate issued hereunder showing the grade, classification, quality, or condition thereof, no person shall represent that the grade, classification, qualit…

§147-63 Remedies, extension of other powers. In respect of violations or complaints of violation of this part or rules adopted by the department pursuant thereto, the department shall have all the rights and powers conferred upon it by section 147-2, with respect to violations or…

§147-64 Deposit of moneys. Except for fees collected by the department pursuant to part VII, all fees, charges, expenses, civil penalties, and other moneys collected by the department under this part or any rules prescribed by the department pursuant to this part shall be deposit…

§147-7 Inspection and classification of agricultural commodities; fees. (a) The department may contract with the United States Department of Agriculture for obtaining the services of a supervising inspector employed by the federal department and the establishment of a cooperative…

PART V. CHICKEN EGGS §147-71 Words and phrases defined. Whenever used in this part, unless the context otherwise requires: "Addled" or "white rot" means an egg which is putrid or rotten. "Adherent yolk" means an egg in which the yolk has settled to one side and become fastened to…

§147-72 Sale of bad eggs. No person shall sell, or offer to sell, or expose for sale, any eggs unfit for human food unless they are broken in shell and then denatured so that they cannot be used for human food. For the purposes of this part an egg is deemed unfit for human food i…

§147-73 Enforcement. The department of agriculture and biosecurity is empowered through its authorized agents, deputies and inspectors to enforce this part and to have supervision and control of all enforcement officers of this part in the State. [L 1931, c 70, §3; RL 1935, §1075…

§147-74 Grading standards and regulations. Subject to chapter 91, the department of agriculture and biosecurity may make rules with respect to:

§147-75 Notice of grade and size; designation of origin of imported eggs; violation. It shall be unlawful for any person to sell, or offer to sell, or expose for sale to a consumer, any eggs, other than those of the person's own production at the place of production, intended for…

§147-76 Advertisement of eggs and price. It shall be unlawful to advertise in newspaper or by sign, handbill, placard, or otherwise, the price at which eggs are offered for sale without plainly indicating in conjunction with price, the full and correct designation of grade, size …

§147-77 Signs and labels on cartons, crates, etc. The signs and labels required by section 147-75 shall likewise be affixed to the cartons, crates, and cases containing eggs required to be marked as in the section provided. [L 1953, c 90, §1; RL 1955, §22-75; HRS §147-77]

§147-78 Seller's invoice. Every person, in selling eggs to a retailer, shall furnish to the retailer an invoice showing the exact grade or quality and the size or weight of the eggs according to the standards prescribed by the department of agriculture and biosecurity. A copy of …

§147-79 Penalties. Every person who violates this part shall be fined not more than $1,000 or imprisoned not more than one year, or both. [L 1931, c 70, §7; RL 1935, §1079; RL 1945, §1310; RL 1955, §22-77; HRS §147-79; am L 1983, c 177, §4]

§147-8 Appeal for classification; fee. Whenever any quantity of any agricultural commodity has been inspected under section 147-7 and a question arises as to whether the certificate issued with respect to the inspection shows true grade, class, quality, condition, or origin of th…

§147-80 Administrative penalties. The department of agriculture and biosecurity may, after notice and opportunity for hearing, fine any person who violates this part or any rule adopted under this part, not more than $1,000 for each separate offense. Each day or instance of viola…

§147-9 Certificate as evidence. Any certificate made by an inspector pursuant to section 147-7 or any written finding of the board of agriculture and biosecurity pursuant to section 147-8 shall be admissible in evidence in all courts of the State as presumptive evidence of all fa…