Chapter 486 — Chapter 486

PART I. GENERAL PROVISIONS §486-1 Definitions. As used in this chapter, unless the context otherwise requires: "Administrator" means the administering officer of the quality assurance division, or any qualified person so designated by the chairperson. "Advertising" or "advertisin…

PART V. MEASUREMENT STANDARDS, UNIFORM PACKAGING AND LABELING §486-101 Definitions. As used in this part, unless the context otherwise requires: "Net weight" means: "Sale from bulk" means sale of commodities or services when the quantity is determined at the time of sale. "Weight…

§486-103 State measurement standards. The state measurement standard artifacts shall be in conformity with the measurement standards of the United States. As applicable, they shall have been calibrated for such use by the National Institute of Standards and Technology or other ap…

§486-105 General testing. (a) Unless otherwise provided by law, the department, through the measurement standards branch, shall inspect and test, to ascertain if they are correct, all measurement standards and measuring devices kept, offered, or exposed for sale, sold or in use i…

§486-106 Testing at state-supported institutions. The department, through the measurement standards branch, shall from time to time test all measures used in establishing or verifying any other measurement, including any measure or measurement standard used in checking the receip…

§486-108 Use; disposition of correct or incorrect apparatus. The department, through the measurement standards branch, shall seal or mark with appropriate devices, such measures and measurement standards as it finds, upon inspection and test, to be "correct" as defined in this ch…

§486-109 Duties of owners or custodians of measuring apparatus. Measures and measurement standards shall be subject to the control of the department, through the measurement standards branch, until such time as they receive a certificate of conformance. Measures or measurement st…

§486-111 Packages; information required; variations; exemptions. Except as otherwise provided in this chapter, any package introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or offered or exposed for sale, shall bear on…

§486-112 Declarations of unit price on random packages. In addition to the declarations required by section 486-111, any package that is one of a lot containing random measure of the same commodity and that bears the total selling price of the package, shall bear on the outside o…

§486-113 Deceptive package. No commodity shall be so wrapped or labeled, nor shall it be in a container so made, formed, or filled as to mislead the purchaser as to the quantity of the contents of the commodity in the package, and the contents of a container shall not fall below …

§486-114 Advertising packages for sale. Whenever a package is advertised in any manner, excluding its labeling, and the retail price of the package is stated in the advertisement, there shall be closely and conspicuously associated with such statement of price a declaration of th…

§486-116 Misrepresentation of price. Whenever any commodity or service is bought or sold, or is offered, exposed, or advertised for sale or purchase, by weight, measure, or count, the price shall not be misrepresented, nor presented in any manner calculated or tending to mislead …

§486-117 Inspection of packages. (a) The department, through the measurement standards branch, shall measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether they contain the amounts repre…

§486-119 Hawaii-made products; Hawaii-processed products. (a) No person shall keep, offer, display or expose for sale, or solicit for the sale of any item, product, souvenir, or any other merchandise that is labeled "made in Hawaii" or that by any other means misrepresents the or…

§486-120.5 Macadamia nuts; labeling requirements. (a) If a label on a consumer package contains language that all of the raw or processed macadamia nuts contained in the package were grown in the State, the label shall be worded, "100% Hawaii-Grown Macadamia Nuts", "Hawaii-Grown …

§486-120.6 Hawaii-grown and Hawaii-processed coffee; labeling or advertising requirements. (a) In addition to all other labeling requirements, the identity statement used for labeling or advertising roasted coffee, instant coffee, or ready-to-drink coffee beverages produced in wh…

§486-121 Misrepresentation of quantity. No person shall:

§486-122 Sale from bulk. All bulk sales in which the buyer and seller are not both present to witness the measurement, all bulk deliveries of heating fuel, and all other bulk sales specified by rule of the board shall be accompanied by a delivery ticket containing the following i…

§486-134 Optional licensing. The following persons shall not be required, but shall be permitted, to obtain licenses as public measuremasters:

§486-2 Cooperation; uniformity of regulations. The board may cooperate and enter into agreements with any state or county agency, federal or other state or county agency with similar statutory functions for the purpose of carrying out the respective parts of this chapter and to e…

§486-23 Investigations; power to subpoena. The administrator shall investigate complaints deemed appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of this chapter and to promote the general ob…

§486-24 Stop-use, stop-sale, hold, and removal orders. The administrator may issue citations and, incident thereto, stop-use, hold, and removal orders with respect to measures and measurement standards being, or susceptible of being, unlawfully used; and issue citations and, inci…

§486-29 Hindering or obstructing an officer or inspector; bribery; penalties. Any person who shall hinder or obstruct in any way an inspector or any other officer or employee of this State in the performance of the inspector's, officer's, or employee's official duties prescribed …

§486-3 Construction. The license required by any part of this chapter shall be in addition to any other license required by law. The operation and effect of any provision of the respective parts of this chapter conferring a general power shall not be impaired or qualified by the …

§486-30 Forgery; penalties. Any person who shall forge any official device, seal, or mark, shall be guilty of a misdemeanor. [L 1988, c 156, pt of §3; am L 1991, c 153, §16]

§486-31 Enforcement; citation and notice to appear; penalty; right of entry and inspection; stopping vehicles. Any authorized inspector or other authorized measurement standards personnel may, upon arresting any person for violation of this chapter, including rules adopted thereu…

§486-33 Injunction. In addition to any other remedy by law provided, the chairperson may apply to any court of competent jurisdiction for, and the court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating any provi…

§486-34 Presumptive evidence. For the purposes of the effective enforcement of the respective parts of this chapter, proof of the existence of a measure or measurement standard in or about any building, enclosure, stand, or vehicle in which or from which it is shown that buying o…

§486-35 REPEALED. L 1991, c 153, §43.

§486-36 Remedies. Notwithstanding other penalties provided in this chapter, including but not limited to penalties provided under section 486-32, the board may enforce this chapter in both administrative and judicial proceedings: The board may also institute a civil action in any…

§486-4 Measurement standards branch; administrator. There shall be a measurement standards branch within the department. The administrator shall enforce the board's rules and administer the branch and such technical and clerical personnel as are necessary to carry out this chapte…

§486-5 Powers and duties of the administrator, and inspectors. The administrator may delegate any of the administrator's authority, powers and duties to the inspectors or other measurement standards personnel when such delegation is deemed necessary for the efficient and effectiv…

PART II. PETROLEUM PRODUCT ACCOUNTING AND INSPECTION §486-50 Definitions. As used in this part, unless the context otherwise requires: "Cubic foot" means that amount of liquefied petroleum product, vapor, or natural gas vapor, or synthetic natural gas vapor, or any blend of the a…

§486-51 Applicability. (a) Petroleum products accounting and the measurement requirements herein shall apply to the blending, charging, dealing, dispensing, distributing, exchanging, exporting, handling, importing, labeling, loading, manufacturing, marketing, measuring, packaging…

§486-52 Measurement standard; exemptions. (a) Any petroleum product that is in a liquid state under conditions of seven hundred sixty millimeters of Hg at sixty degrees Fahrenheit shall be measured in terms of the U.S. petroleum gallon, its multiple or decimal submultiples, or co…

§486-53 Violations; penalties. Any person who commits any of the prohibited acts or omits any of the prescribed acts, herein required or required in any rule adopted by the board shall be subject to the penalties provided in section 486-32. Each day that a violation exists, or is…

§486-54 Investigations. The administrator may, upon the administrator's initiative, investigate suspected violations of this part and shall investigate each complaint registered under this part. The administrator may resort to suitable warnings rather than prosecution for minor o…

§486-56 Adoption of standards and rules. The standards as published by ASTM International and SAE International are adopted except as amended or modified by rule of the board pursuant to chapter 91. The board may also adopt rules on the advertising, labeling, standards for, handl…

§486-6 General powers and duties of board. The board shall have the custody of the state measurement standards including the other standards and equipment provided for by this chapter, and shall keep accurate records of the same. The board shall maintain such standards in a prote…

§486-7 Specific powers and duties of the board; rules. (a) The board shall adopt reasonable rules pursuant to chapter 91 for the enforcement of this chapter. These rules shall have the force and effect of law and shall govern the use or application of measurement standards, measu…

PART III. ODOMETERS §486-70 REPEALED. L 1991, c 153, §44.

§486-71 Definitions. For the purposes of this part: "Odometer" is an analog or digital measuring device that reflects distance traveled. "Passenger car" means a vehicle with self-contained motive power and seating capacity for up to twelve passengers (excluding the driver), not e…

§§486-72 to 74 REPEALED. L 1991, c 153, §§45 to 47.

§486-75 Properly functioning odometer required. No person shall introduce in the State for any purpose whatever, nor operate within the State for any purpose whatever, a passenger car unless it has installed a properly functioning and correctly calibrated odometer. [L 1988, c 156…

§486-76 REPEALED. L 1991, c 153, §48.

§486-77 Odometers; prohibitions; exemptions. (a) It shall be unlawful to: (b) This section shall not preclude the installation, maintenance, repair, or replacement of odometers when such action is necessary to cause compliance with this part. Any such action, however, shall expre…

§486-78 Authority to inspect. The administrator may upon the administrator's own initiative or upon complaint, after properly identifying or making a legitimate effort to identify oneself, enter upon any public or private property, in accordance with law, where odometers may reas…

§486-79 Citation and notice to appear. The administrator may issue to any person violating this part, a citation and notice to appear, at a given time and place, to answer to charges against the person. The form, contents, copy designation and disposition, and appearance dates of…

§§486-8 to 22 REPEALED. L 1991, c 153, §§23 to 37.

§486-80 Impoundment of evidence. The administrator may, for a period not to exceed ninety-six hours, impound as evidence any passenger car in which an inaccurate or incorrect or inoperable odometer system is installed or exists. Such period may be extended by order of the court. …