Chapter 157 — Chapter 157

PART I. GENERAL PROVISIONS §157-1 Definitions. "Board" means the board of agriculture and biosecurity, department of agriculture and biosecurity. "Buttermilk" or "cultured buttermilk" means a fluid product resulting from the souring or treatment, by means of a lactic acid or othe…

PART II. ADMINISTRATION, POWERS AND DUTIES §§157-11 and 157-12 REPEALED. L 1986, c 61, §§3, 4.

§157-13 General powers. The department of agriculture and biosecurity through its board is hereby vested with the following powers: The operation and effect of any provision of this chapter conferring a general power shall not be impaired or qualified by the granting of a specifi…

§157-14 Inspection and investigation. For the purpose of enforcing this chapter, including but not limited to the provisions on licensing, setting of minimum prices and quotas, the board of agriculture and biosecurity or any of its authorized employees may enter at all reasonable…

§157-15 Audit of books and accounts. The board of agriculture and biosecurity may examine and audit the books and accounts of licensed producers, producer-distributors, and distributors for the purpose of determining how payments to producers and producer-distributors are compute…

§157-16 REPEALED. L 1989, c 109, §2.

§157-17 Accounting of licensees. Every producer-distributor, distributor, and agricultural cooperative subject to license or regulation under this chapter, in making payments to producers for milk sold or delivered to such producer-distributor, distributor or cooperative, shall c…

§157-18 Report to governor. At the end of each license year, the board of agriculture and biosecurity shall submit to the governor a report relating to the activities of the milk control program. [L 1967, c 260, §11; HRS §157-18; am L 1986, c 61, §2; am L 2025, c 236, §18]

PART III. LICENSING §157-21 Licensing. It shall be unlawful for any producer, producer-distributor, or distributor to produce, sell, process, or distribute milk in a milk shed unless the person is duly licensed as provided by this chapter. It shall be unlawful for any such person…

§157-22 Application for license and payment of fee. An applicant for an original or renewal license to operate as a producer, producer-distributor, or distributor shall file an application upon a form prepared by the board of agriculture and biosecurity, containing such informati…

§157-23 License fees. In order to meet the expenditures necessary to administer this chapter, the board of agriculture and biosecurity shall establish license fees to be paid by producers, producer-distributors and distributors. In determining these fees, the board shall, at leas…

§157-24 Granting, suspending, and revoking licenses. (a) No license shall be denied unless the board of agriculture and biosecurity finds, after due notice and opportunity of hearing to the applicant or licensee, one or more of the following: (b) The board may refuse to renew a l…

§157-25 Proceedings to review. The action of the board of agriculture and biosecurity in refusing to grant or renew a license, or in revoking or suspending a license, or in conditioning or limiting the granting or renewal of a license, may be reviewed in the manner provided by ch…

§157-26 Records of licensees. The board of agriculture and biosecurity may require licensees to keep such records and information as it deems necessary for the proper enforcement of this chapter. [L 1967, c 260, §17; HRS §157-26; am L 2025, c 236, §18]

§157-27 Reports of licensees. Each licensee shall as required by rule or order of the board of agriculture and biosecurity, file a verified report on forms prescribed by the board of matters on account of which a record is required to be kept, together with such other information…

§157-28 REPEALED. L 1998, c 211, §2.

§157-29 Milk control special fund. There is established the milk control special fund to be administered by the board of agriculture and biosecurity. All moneys received by the board of agriculture and biosecurity as application fees and for licenses or otherwise under this chapt…

PART IV. ESTABLISHMENT OF A MILK SHED AND THE SETTING OF MINIMUM PRICES AND QUOTAS §157-30 Petition to establish or terminate a milk shed. Upon petition by fifty-five per cent of all producers and producer-distributors, or by fifty-five per cent of all producers in a prospective …

§157-31 Petition to establish, revise, or terminate minimum prices, salvage values, and quotas. (a) Upon petition by the producers and producer-distributors who produce fifty-five per cent of the milk in a milk shed, or by fifty-five per cent of all producers in a milk shed, or u…

§157-32 Standards to determine minimum prices. (a) As a guide to determining the minimum prices of milk to be paid to producers and producer-distributors, the board shall take into consideration the following items based on the operations of a reasonably efficient producer: (b) I…

§157-33 Order fixing minimum price, salvage value. (a) Without regard to the notice and public hearing requirements of chapter 91 and based on the specific formulas or criteria adopted under section 157-31(a)(2), the board may establish by order the minimum prices and salvage val…

§157-34 Determination of quotas. (a) To promote a proper balance between supply and demand for milk, the board shall provide that the price to be paid to producers shall be based upon quota assigned each producer by the board, which quota shall be determined as follows: upon peti…

§157-35 Compensatory payment. Whenever any distributor or producer-distributor sells recombined or reconstituted milk for fluid human consumption in a milk shed, the distributor or producer-distributor shall pay the board a compensatory payment to be distributed to all producers …

PART V. REMEDIES, VIOLATIONS, COMPACTS, CONSTRUCTION §157-41 Remedies; penalties. (a) The board of agriculture and biosecurity may institute such action as may be necessary to enforce compliance with this chapter. (b) Any person who violates this chapter shall be guilty of a misd…

§157-42 Interstate and federal compacts. The board of agriculture and biosecurity may confer with authorities of other states and of the United States with respect to uniform milk control with states or as between states, and with the federal government in its control of prices o…

§157-43 Construction. The license required by this chapter shall be in addition to any other license required by law. This chapter shall not be construed to affect in any manner the relations between any cooperative marketing association and its members organized pursuant to the …