Title 11, Agriculture And Animals

PART I. GENERAL PROVISIONS [§161-1] Short title. This chapter shall be known and may be cited as the "Hawaii Poultry Inspection Act". [L 1969, c 212, §1]

PART III. LICENSING §161-11 Certificate of sanitation. The board may issue certificates of sanitation to poultry slaughterhouses and poultry processors which are subject to this chapter and which meet minimum sanitary specifications required for (1) the slaughtering of poultry fo…

[§161-12] License required. It shall be unlawful for any person to engage in the business of slaughtering poultry or manufacturing or processing of poultry or poultry products without a license as required under this part. [L 1969, c 212, §8]

[§161-13] Application for a license. The board may issue licenses to poultry slaughterhouses and poultry processing establishments having certificates of sanitation issued under section 161-11. An applicant for an original or renewal license to operate as a poultry slaughterhouse…

[§161-14] License fees. A fee of $25 per license year shall be assessed. The license fees collected shall be deposited with the state general fund. [L 1969, c 212, §10]

[§161-15] Granting, suspending, and revoking licenses. The action of the board in refusing to grant or renew a license, or in revoking or suspending a license, may be reviewed in the manner provided by chapter 91. (a) No license shall be denied unless the board finds after due no…

[§161-16] Records of licensees. The board may, by regulations, require licensees to keep such records and information as it deems necessary for the proper enforcement of this chapter. [L 1969, c 212, §12]

§161-2 Findings and declaration of necessity. It is hereby declared that the poultry industry is a paramount agricultural industry of this State and the production and marketing of poultry is an enterprise that is of significant importance to the economy of the State and to the h…

PART IV. INSPECTION, LABELING, SANITATION, AND EXEMPTIONS [§161-21] Ante-mortem inspection. For the purpose of preventing the use in intrastate commerce of poultry or poultry products which are adulterated, the board shall cause to be made, by veterinarians and poultry inspectors…

[§161-22] Post-mortem inspection; reinspection. A post-mortem examination and inspection of the carcasses and parts thereof of all poultry capable of use as human food, to be processed at any slaughtering, poultry-canning, packing, or similar establishment in this State in which …

§161-23 Labeling, marking, and branding. (a) When any poultry or poultry products processed for intrastate commerce which has been inspected as hereinbefore provided and marked "Hawaii Inspected and Passed" is placed or packed in any can, pot, tin, canvas, or other receptacle or …

[§161-24] Sanitation. The board shall cause to be made by veterinarians or poultry inspectors, an inspection of the sanitary conditions of all poultry slaughtering, poultry-canning, packing, or similar establishments in which poultry are slaughtered and the poultry or poultry pro…

§161-25 Slaughter, processing, transportation, and selling. No person, with respect to any poultry or poultry product, shall:

[§161-26] Forgery of mark, brand, or label. (a) No brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of officia…

[§161-27] Inspectors. Veterinarians and poultry inspectors shall examine and inspect all poultry, all carcasses and parts thereof, and all poultry products, and the sanitary conditions of all establishments in which poultry or poultry products are processed; and the veterinarians…

§161-28 Bribery. (a) Any person or employee of any person, who gives, pays, or offers, directly or indirectly, to any inspector, or to any other officer or employee of the State authorized to perform any of the duties prescribed by this chapter or by the rules adopted by the boar…

§161-29 Exemptions. (a) The provisions of this chapter requiring inspection of the slaughtering of poultry and the processing of carcasses, parts thereof, and poultry products at establishments conducting those operations shall not apply: (b) The transportation by commercial carr…

§161-3 Definitions. "Adulterated" includes any poultry or poultry product in one or more of the following circumstances: "Board" means the board of agriculture and biosecurity or its designated representative. "Capable of use as human food" refers to any poultry carcass, poultry …

[§161-30] Storing, handling, and transporting. The board may by regulations prescribe conditions under which poultry or poultry products, capable of use as human food, shall be stored or otherwise handled by any person engaged in the business of buying, selling, freezing, storing…

PART V. POULTRY PROCESSORS AND RELATED INDUSTRIES §161-36 Records; subject to examination. (a) For the enforcement of this chapter, the following classes of persons shall keep records, as the board by rule may require, that will fully and correctly disclose all transactions; and …

§161-37 Articles not intended for human food. Inspection shall not be made under this chapter at any establishment for the slaughter of poultry or the processing of any carcasses or parts or products of poultry, which are not intended for use as human food, provided that the poul…

§161-38 Dead, dying, disabled, or diseased poultry. No person engaged in the business of buying, selling, or transporting in intrastate commerce dead, dying, disabled, or diseased poultry, or any parts or carcasses of any poultry that died otherwise than by slaughter, shall buy, …

[§161-39] Registration. No person shall engage in business in or for intrastate commerce, as a poultry broker, renderer, or animal food manufacturer, or as the wholesaler of any carcasses, or parts or products of the carcasses, of any poultry, whether intended for human food or o…

PART VI. INSPECTION SERVICE, WITHDRAWAL, AND COMPENSATION §161-41 Inspection; compensation. All poultry slaughtered by any slaughterhouse licensed under this part shall be inspected by inspectors authorized by the department, both before and after slaughtering, and no poultry sha…

[§161-42] Refusal and withdrawal of inspection. The board may, for such period, or indefinitely, as it deems necessary to effectuate the purposes of this chapter, refuse to provide, or withdraw, inspection service under this chapter with respect to any establishment if it determi…

PART VII. VIOLATIONS, PENALTIES, PROSECUTION, COMPACTS, CONSTRUCTION [§161-46] Interstate and federal compacts. (a) The board is designated as the state agency which shall be responsible for cooperating with the United States Secretary of Agriculture under section 5 of the Federa…

§161-47 Penalties; prosecution. (a) Whenever any carcass, part of a carcass, poultry, or poultry product or any product exempted from the definition of a poultry product is found by any authorized representative of the board upon any premises where it is held for purposes of, or …

§161-48 Construction. The licenses required by this chapter shall be in addition to any other licenses required by law. The requirements of this chapter shall apply to persons, establishments, poultry, and poultry products regulated under the Poultry Products Inspection Act only …

[§161-49] Enforcement. (a) Inspectors shall enforce this chapter and related rules adopted by the department. (b) Inspectors shall be provided with suitable badges or insignia of office by the department, and shall have power to detain or impound poultry or poultry product that i…

[§161-50] Citation and summons. (a) There shall be a printed form of citation and summons for use in citing violators warning the person to appear and answer the charge against the person at a certain place and at a time within seven days after the citation. The citation and summ…

[§161-51] Administration of oath. When a complaint is made to any prosecuting officer of the violation of this chapter or the rules adopted pursuant thereto, the division head or the division head's designee who issued the citation and summons shall subscribe to the complaint und…

[§161-52] Failure to obey summons. (a) Any person who fails to appear at the place and time specified in the citation and summons issued to that person by the division head or the division head's designee upon the person's citation for violation of the poultry inspection laws or …

PART II. ADMINISTRATION, POWERS AND DUTIES §161-6 Division of animal industry. The division of animal industry of the department of agriculture and biosecurity shall administer this chapter subject to the supervision of the board. The board may delegate any of its powers under th…

§161-7 General powers. The department, through its board, may:

[§161-8] Information, investigations, hearings. For the purpose of enforcing the provisions of this chapter, the board may: (a) Gather and compile information which relates to the business operations of persons being regulated under this chapter and such other information necessa…