Title 26, Trade Regulation And Practice

§486-104 Secondary standards and equipment. The State shall supply secondary standards and other equipment as is necessary to carry out the provisions of this chapter. These standards shall be verified upon their initial receipt and at least once a year thereafter by comparison w…

§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…

[§486-107] Type evaluation; requirements; certificate of conformance. Any weight or measure, or any weighing or measuring instrument or device, shall have a certificate of conformance indicating that it has passed a national type evaluation by a participating laboratory, prior to…

§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…

[§486-110] Method of sale of commodities; general. Except as otherwise provided in this chapter, or by firmly established trade custom and practice, or exempted by a rule of the board: (1) Commodities in liquid form shall be sold by liquid measure or weight; and (2) Commodities n…

§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…

[§486-115] Sale by net measure. Commodities or services shall be offered for sale on a net weight or net measure basis. [L 1991, c 153, pt of §6]

§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…

[§486-118] Misbranding. (a) No person shall deliver for introduction, hold for introduction or introduce into the State; or keep, offer, or expose for sale; or sell any consumer commodity which is misrepresented or misbranded in any manner. (b) The board, pursuant to section 486-…

[§486-118.5] Ni‛ihau shells; representing content. (a) For the purposes of this section, "Ni‛ihau shells" means seashells harvested from the island of Ni‛ihau, its waters, or its beaches. (b) Except as provided herein, no person shall offer, display, expose for sale, or solicit f…

§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…

[§486-119.5] Acacia koa wood; representing content. In addition to all other label and branding requirements, no person shall offer, display, expose for sale, or solicit for the sale of any timber, lumber, wood, or wood product described or labeled using the term "koa", either al…

[§486-120] "Island fresh" milk. (a) No person shall keep, offer, display, expose for sale, or solicit for the sale of any processed milk or milk product which is labeled with the term "island fresh", or like terms, or which by any other means misrepresents the origin of the item …

[§486-120.2] Raw processed ahi; labeling requirements; retail establishments. [Section effective July 1, 2026.] (a) No retail establishment shall keep, offer, display, expose for sale, or solicit for the sale of any raw processed ahi without a label stating the country in which t…

§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…

[§486-120.7] Māmaki tea; labeling requirements. (a) No label on a consumer package that contains or includes tea or dried leaves from the plant Pipturus albidus shall contain: (1) The words "Māmaki", "Hawaii", or "Hawaiian", or any variation of these terms; or (2) Misleading Hawa…

§486-121 Misrepresentation of quantity. No person shall: (1) Sell, offer, or expose for sale less than the quantity represented; (2) Take any more than the quantity represented when the buyer furnishes the weight or measure by means of which the quantity is determined; or (3) Rep…

§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…

[§486-123] Nonapplicability. This part shall not apply to measures or measuring devices utilized in public utilities that are subject to measurement standards control under any other statute or rule of the State. [L 1991, c 153, pt of §6]

[PART VI.] MEASUREMASTERS [§486-131] Definitions. For the purposes of this part: "Certificate of measure" includes a certificate of measure issued in compliance with this part, and shall be prima facie evidence of the accuracy of the amount shown. "Public measuremaster" means any…

[§486-132] Enforcement; rules. The board is authorized to enforce the provisions of this part and shall adopt reasonable rules for the implementation and enforcement of this part. These rules shall have the force and effect of law. The board may adopt rules that include, but are …

[§486-133] Requirement for measuremaster license; duties; prohibitions. Any person who engages in public weighing shall be licensed as a public measuremaster and shall perform the duties as specified by rule of the board. Any person who is not licensed as a public measuremaster i…

§486-134 Optional licensing. The following persons shall not be required, but shall be permitted, to obtain licenses as public measuremasters: (1) A law enforcement or measurement standards officer, or other qualified employee of a state or county agency or institution when actin…

[§486-135] Reciprocal acceptance of certificates. Whenever in any other state that licenses public weighmasters or measuremasters there is statutory authority for the recognition and acceptance of the certificates issued by measuremasters of this State, the board is authorized to…

[§486-136] Offenses and penalties. (a) Criminal. Any person who performs any one of the acts enumerated in this subsection shall be guilty of a misdemeanor: (1) Use or have in possession a device which has been altered to facilitate fraud; (2) Falsely certify any gross, tare, or …

[§486-137] Suspension and revocation of license. The board is authorized to suspend or revoke the license of any public measuremaster: (1) When it is satisfied, after a hearing pursuant to chapter 91, that the licensee has violated any provision of this part or of any valid rule …

§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…

§486-32 Offenses and penalties. (a) Criminal. Any person who performs any one of the acts enumerated in this subsection shall be guilty of a misdemeanor: (1) Use or have in possession a device or measure or measurement standard which has been altered to facilitate fraud; (2) Coun…

§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…

§486-36 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: (1) Administrative. If the administrator determine…

[§486-37] Rules; severability and continuation. (a) If any provision of the rules adopted under this chapter is declared invalid, or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of the rules and the applicability thereof t…

§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…