Title 19, Health

§338-21 Children born to parents not married to each other. (a) All children born to parents not married to each other, irrespective of the marriage of either natural parent to another, on: are entitled to the same rights as those born to parents married to each other and shall t…

§338-22 Other persons required to make records. Persons in charge of institutions for care or correction or for treatment of disease, injury, or childbirth shall record and report all statistical data required by this part relating to their inmates or patients. [L 1949, c 327, §2…

§338-23 Permit for removal, burial, or other disposition of body. When a death or fetal death occurs or a dead body is found, the body shall not be disposed of or removed from the registration district until a written permit has been issued by the local agent of the department of…

§338-24 Foreign permit for removal, burial, or other disposition of body. When the death or fetal death occurs outside this State and the body is accompanied by a permit for burial, removal, or other disposition issued in accordance with the law and regulations in force where the…

§338-25 Prerequisite for permit. No permit under section 338-23 shall be issued until a certificate of death or fetal death, as far as it can be completed under the circumstances of the case, has been filed and until all the regulations of the department of health in respect to t…

§338-25.5 Disinterment of human bodies. (a) No corpse, nor the remains of any dead human body, exclusive of ashes, shall be exposed, disturbed, or removed from its place of burial, nor shall the receptacle, container, or coffin holding the remains or corpse be opened, removed, or…

[§338-25.6] Fee. A fee of $5 shall be charged by the director of health for the issuing of such permit, the fee to be paid and accounted for to the treasury of the State, provided that subject to the provisions of section 338-25.5 the director shall issue a permit, free of charge…

§338-28 Transmittal of certificates to department. Local agents of the department of health shall transmit all certificates filed with them to the department in accordance with regulations of the department. [L 1949, c 327, §32; RL 1955, §57-31; am L Sp 1959 2d, c 1, §19; HRS §33…

§338-29.5 Late registration of death, fetal death, marriage, and divorce. (a) When a death, fetal death, marriage, or divorce occurring in this State has not been registered, a certificate may be filed in accordance with rules adopted by the department of health. The certificate …

§338-3 Registration districts. The department of health shall divide the State from time to time into public health statistics registration districts, which shall conform to political subdivisions, or combinations thereof, or such other subdivision as the department may deem advi…

§338-30 Penalties. (a) Except where a different penalty is provided in this part, any person who violates this part, or neglects or refuses to perform any of the duties imposed upon the person by this part, shall be fined not more than $100. (b) Any person who wilfully makes or a…

§338-4 Deaths reported to county clerks. The department of health shall within six weeks after the end of each month deliver, or forward by mail, to the county clerk of each county a list of the names of all citizens of voting age or over whose deaths have been recorded in the de…

PART II. CERTIFICATES OF HAWAIIAN BIRTH §338-41 Issuance; procedure. (a) The department of health may make regulations respecting the form of Hawaiian birth certificates and certified copies of such certificates and other matters relating to Hawaii birth certificates as appear ne…

§338-43 Perjury. Any applicant or any person who gives or offers any false testimony, oral or written, under oath, in support or respect of any application for a certificate under section 338-41, shall be deemed guilty of perjury and shall be punishable accordingly. [L 1911, c 96…

§338-5 Compulsory registration of births. Within the time prescribed by the department of health, a certificate of every birth shall be substantially completed and filed with the local agent of the department in the district in which the birth occurred, by the administrator or de…

[PART III. GENERAL PROVISIONS] [§338-51] Administration of oaths. Regular employees in the research and statistics office of the department of health may be appointed by the director of health to administer the oaths required by this chapter to be taken when registering vital eve…

[§338-55] Disposition of body; armed forces service members. The person designated by the decedent as authorized to direct disposition on a United States Department of Defense Record of Emergency Data, DD Form 93, or its successor form, may arrange for the final disposition of th…

§338-6 Local agent to prepare birth certificate. (a) If neither parent of the newborn child whose birth is unattended as provided in section 338-5 is able to prepare a birth certificate, the local agent of the department of health shall secure the necessary information from any p…

§338-7 Registration of foundlings; foundling report. (a) Whoever assumes the custody of a living child of unknown parentage shall immediately report, on a form to be approved by the department of health, to the local agent of the department the following: (b) The place where the …

§338-8 Compulsory registration of deaths and fetal deaths. A certificate of every death or fetal death shall be filed with the department of health in Honolulu or with the local agent of the department of health in the district in which the death or fetal death occurred or a dead…

§338-9 Filing and preparation of death and fetal death certificates. (a) The person in charge of the disposition of the body shall file with the department of health in Honolulu or with the local agent of the department of health in the district in which the death or fetal death …

[PART I. GENERAL PROVISIONS] §339-1 Definitions. As used in this chapter: "Beverage" means beer or other malt beverages, mineral waters, fruit juices, ades, and other similar noncarbonated drinks, soda water, and flavored carbonated drinks, in liquid form and intended for human c…

[§339-10] Injunction to restrain violation. In addition to the remedies provided in this chapter, the director may apply to the circuit environmental court for a temporary or permanent injunction restraining any person from violating any provision of this chapter. [L Sp 1977 1st,…

[§339-11] Transfer of authority and responsibility. The governor may, at the governor's discretion, transfer the authority and responsibility for implementing the provisions of this chapter to any appropriate state agency or office. [L Sp 1977 1st, c 2, pt of §2; gen ch 1985]

[§339-12] Intentional release of balloons; prohibition. (a) No person or entity shall intentionally release, organize the release of, or otherwise cause the release of a balloon inflated with a gas that is lighter than air, except for: (b) Any person or entity who violates this s…

[§339-2] Powers of the director. (a) The director shall have the power to administer and enforce the provisions of this chapter and to propose and to adopt pursuant to chapter 91 rules necessary to carry out the provisions, purposes, and intent of this chapter, and may delegate r…

[PART II.] NONDEGRADABLE SOLID WASTE [§339-21] Definitions. As used in this part, unless the context otherwise requires: "Degradable" means all of the following: "Director" means the director of health or the director's duly appointed agent. [L 1989, c 312, pt of §2]

§339-22 Prohibited acts. (a) No person shall sell or offer for sale to any consumer within the State beverage containers, motor oil, or other consumer goods connected to each other with plastic connecting devices that are not degradable. This section shall not apply to the follow…

[§339-23] Rules. The director shall establish by rules adopted under chapter 91 the criteria for eliminating the use of nondegradable plastic connecting devices to protect the air, land, and waters of the State against environmental contamination and degradation. [L 1989, c 312, …

[§339-24] Penalties. Any person who knowingly violates this part shall be fined not more than $500 for each separate offense. Each day of violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this section shall be conside…

§339-3 Duties of the director. (a) The director shall: (b) The director may:

§339-4 Prohibition. (a) No person shall discard or otherwise dispose of litter in a public place, or on private property, or in the waters of the State except: It shall be an affirmative defense that the defendant had consent of the owner in control of the property. (b) In the ca…

[§339-5] Responsibilities of owners and lessees of real property. It shall be the responsibility of any owner or lessee of real property in state land use urban districts zoned for urban use by the county to maintain sidewalks, alleys, curbs, roadway shoulder areas, fence lines, …

[§339-6] Litter containers. Litter receptacles shall be suitably located along the public highways of the State, public places, beaches and bathing areas. The number of such receptacles and the duty to provide receptacles and to dispose of litter from the receptacles shall be est…

§339-7 Beverage container requirements. (a) No person in this State shall manufacture or import for sale in this State or offer for sale at wholesale in this State after July 1, 1979, or sell for retail in this State after October 1, 1979, any beverage in metal containers so desi…

§339‑8 Penalties. (a) Except as otherwise provided by this chapter, any person violating any provision of this chapter or any rule adopted under this chapter shall be guilty of a violation, and shall be fined not less than $100, and not more than $500 for each offense, and ordere…

[§339-9] Enforcement powers. All law enforcement officers and personnel authorized to carry out the provisions of this chapter may issue citations for violations of this chapter or any of the rules adopted hereunder. [L Sp 1977 1st, c 2, pt of §2]

PART I. DEFINITIONS §339D-1 Definitions. As used in this chapter: "Brand" means a symbol, word, or mark that identifies an electronic device, rather than any of its components. "Collector" means a person that accepts electronic devices for reuse or delivers the devices to a recyc…

§339D-10 Electronic device recycling fund. (a) There is established in the state treasury the electronic device recycling fund into which shall be deposited all fees, payments, and penalties collected by the department pursuant to this chapter. (b) The electronic device recycling…

§339D-11 Financial and proprietary information; report. (a) Notwithstanding any law to the contrary, financial or proprietary information, including trade secrets, commercial information, and business plans, submitted to the department under this chapter is confidential and is ex…

§339D-12 Federal preemption. Part IV of this chapter shall be deemed repealed if a federal law or a combination of federal laws takes effect that establishes a national program for the recycling of electronic devices that substantially meets the intent of part IV of this chapter.…

Part IV. Electronic device recycling and RECOVERY SYSTEM §339D-21 Applicability. The recycling provisions of this part shall apply only to electronic devices used and discarded in the State. [L 2009, c 183, pt of §6; am L 2022, c 151, §10]

§339D-22 Manufacturers. (a) No manufacturer shall sell or offer for sale any new electronic device in the State unless: (b) By January 1, 2023, before selling or offering for sale any electronic device in the State, each manufacturer shall register with the department and pay to …

§339D-23 Manufacturer responsibility. (a) Beginning January 1, 2023, a manufacturer shall recycle or arrange for the recycling or reuse of any electronic device sold in the State. Manufacturers shall fully fund their recycling plan, including the collection, transportation, and r…

§339D-23.1 Manufacturer recycling goals. (a) The department shall use the best available information to establish the weight of all electronic devices sold in the State, including the reports submitted pursuant to section 339D-23.3, state and national sales data, and other reliab…

[§339D-23.2] Record keeping requirements. (a) Each manufacturer shall maintain records, for a minimum of five years, of the following: (b) Nothing in this section is intended to exempt any person from liability that the person would otherwise have under applicable law. [L 2022, c…