Title 11, Agriculture And Animals

§144-9 Inspection, sampling, analysis. (a) For the purpose of enforcement of this chapter, and in order to determine whether its provisions have been complied with, including whether or not any operation may be subject to such provisions, officers or employees duly designated by …

PART I. REGULATION OF DEALERS §145-1 Definitions. For the purpose of this chapter, unless otherwise required by the context: "Agent" means any person who, on behalf of any commission merchant, dealer, broker, processor, or retail merchant receives, contracts for, or solicits any …

§145-10 Administrative penalties. (a) The department may, after notice and opportunity for hearing, revoke or suspend any license issued under this chapter for any violation of this chapter. (b) The department may, after notice and opportunity for hearing, fine any person who vio…

§145-11 Nuisance may be enjoined, abated. Violation of this chapter is declared a public nuisance and may be enjoined or abated in like manner as other public nuisances. [L 1951, c 74, pt of §1; RL 1955, §23-11; HRS §145-11]

§145-12 Criminal penalties. Unless otherwise provided, any person who violates this chapter shall be guilty of a misdemeanor. [L 1951, c 74, pt of §1; RL 1955, §23-12; HRS §145-12; am L 2025, c 235, §28]

§145-13 Remedies and penalties not exclusive. The penalties and remedies provided in this chapter with respect to any violation of this chapter shall not be deemed exclusive of each other or of any other civil or criminal rights, remedies, or penalties provided or allowed by law …

§145-14 Disposition of fees and charges. All fees, charges, expenses, and other moneys collected pursuant to this chapter shall be deposited with the state director of finance to the credit of the general fund. [L 1951, c 74, pt of §1; RL 1955, §23-14; am L 1963, c 114, §1 and c …

[§145-15] Rules and regulations. The department shall have the necessary powers to make rules and regulations as may be necessary to carry out the intent and purpose of this chapter, including but not limited to the following: (1) Definition of terms; (2) Establishing licensing r…

§145-2 Licenses. No person shall act as a commission merchant, dealer, broker, agent, processor, or retail merchant without having obtained a license as prescribed by rules of the department. In addition to the general requirements applicable to all classes of applications as pre…

PART II. OWNERSHIP AND MOVEMENT OF AGRICULTURAL COMMODITIES §145-21 Definitions. For purposes of this part: "Agricultural commodity" means any fruit, nut, or vegetable that is the food product of any tree, vine, or plant, or any aquacultural, horticultural, silvicultural, or flor…

§145-22 Agricultural commodities; ownership and movement certification. (a) Every person, upon sale of any agricultural commodity or upon transportation of lots of any agricultural commodity, shall complete and retain a certificate describing the commodity, the amount of the comm…

§145-24 Authorization to inspect. (a) Every law enforcement officer or other officer or employee having reason to believe based upon specific and articulable facts that the possession, sale, or transportation of agricultural commodities is unlawful, may take reasonable steps to d…

§145-25 Enforcement; criminal penalties. In addition to any civil or administrative penalties or remedies, violations of this part or any rule adopted pursuant thereto shall be criminal offenses and shall be sentenced as follows: (1) Any offense in which the value of the agricult…

§145-27 Authorization to seize and hold commodities; disposition. (a) Upon reasonable belief that a person is in unlawful possession of agricultural commodities a law enforcement officer or other officer or employee shall be authorized to hold the agricultural commodity for not l…

§145-3 Records. Every produce dealer shall keep a record of each lot, shipment, or consignment of farm produce received or taken by the produce dealer, which shall be in such form and in such detail as may be prescribed by the department of agriculture and biosecurity. [L 1951, c…

§145-4 Bonding of commission merchant and broker. Before any license is issued to any commission merchant or broker, the applicant shall execute and deliver to the department a surety bond in the amount specified in the rules of the department, but not to exceed $10,000, executed…

§145-5 Reports of consignment sales. Every commission merchant shall make a written report to the producer for farm produce handled on consignment on behalf of said producer, within the time and manner as may be prescribed by the department. Making a false or incorrect report sha…

§145-6 Remittances. Every commission merchant, dealer, broker, agent, processor, or retail merchant shall make payment in full to the producer within such time as may be prescribed by the department. Payment in full means payment of the price agreed upon by the producer and the c…

§145-7 Credit for loss or dumping. No claim or credit in any payment, accounting, or settlement shall be made or taken against a producer by any commission merchant, dealer, processor, or retail merchant for any damage to, or loss, dumping, or disposal, of any farm produce unless…

§145-8 Duty of department. The department of agriculture and biosecurity shall administer and enforce this chapter. [L 1951, c 74, pt of §1; RL 1955, §23-8; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §145-8; am L 2025, c 236, §17]

§145-9 Complaints and investigations. The department of agriculture and biosecurity may receive verified complaints from any producer against any commission merchant, dealer, broker, agent, processor, or retail merchant or any person assuming or attempting to act as such and upon…

§145D-1 Definitions. Whenever used in this chapter unless the context otherwise requires: "Charitable, religious, or nonprofit organization" means any organization which was organized and is operating in the State for charitable or religious purposes or to promote social welfare,…

§145D-2 Exceptions to liability. (a) Any donor of food products, who in good faith donates the food for the use or distribution by a charitable, religious, or nonprofit organization to needy persons shall not be liable for any civil damages or criminal penalties for any injuries …

[§145D-3] Sale of donated food, prohibited; fines. (a) No person or organization shall sell, or offer for sale, any food product donated or distributed under this chapter. (b) Any violation of this section is punishable by a fine not to exceed $1,000. [L 1982, c 260, pt of §2]

[§145D-4] Labeling of donated food. Any charitable, religious, or nonprofit organization which receives and distributes donated food pursuant to this chapter shall affix a label upon such food or upon the individual container or package of such food stating that the food is not f…

§145D-5 Reserving the State's authority to regulate, inspect, or ban the use of donated food. Nothing in this chapter is intended to restrict the authority of the department of health or the department of agriculture and biosecurity to regulate, inspect, or ban the use of such do…

PART II. HIDES AND BEEF §146-21 Retention of the hide of butchered calf, heifer, cow, steer, and bull; subject to public inspection. Every person slaughtering a calf, heifer, cow, steer, and bull butchered for purposes of human consumption shall, for a period of two weeks after t…

§146-22 Reports. Every person who slaughters a calf, heifer, cow, steer, or bull, whether wild or domesticated, at any place other than a duly licensed slaughterhouse shall comply with section 146-21 and report the slaughtering to the officer in charge of recording brands. The re…

§146-23 Duty of vendor of butchered beef to disclose identity of person from whom obtained. It shall be the duty of every vendor of butchered beef to know and truthfully state to any inquirer the name and residence of the person from whom the vendor obtained the beef which the ve…

§146-24 Violations; penalty. A violation of section 146-21, 146-22, or 146-23 shall be punishable by a fine of not more than $500 or imprisonment of not more than one year, or both. [L 1923, c 7, §3; RL 1925, §4190; RL 1935, §5982; RL 1945, §11382; RL 1955, §290-4; HRS §146-24; a…

PART I. FRESH FRUITS, VEGETABLES, NUTS, HONEY, AND COFFEE §147-1 Definitions. As used in this part, the term: "Agricultural commodity" means fresh fruits and fresh vegetables of every kind and character, whether or not frozen or packed in ice, whether produced in the State or imp…

§147-10 Income from certification and agriculture control activities. Except for fees collected by the department pursuant to part VII, all fees, expenses, and penalties collected by the department pursuant to this part shall be deposited with the director of finance to the credi…

PART VII. CERTIFICATION SERVICES REVOLVING FUND §147-101 Certification services revolving fund. There is established a certification services revolving fund for use by the department of agriculture and biosecurity to support certification or audit services established under parts…

§147-102 Certification and audit services. The department of agriculture and biosecurity shall fix, assess, and collect fees for certification or audit services provided by temporary inspectors employed under this part. The fees shall be in amounts necessary to cover all costs of…

[PART VIII.] AGRICULTURAL SAFETY AND SECURITY §147-111 Definitions. As used in this part, unless the context otherwise requires: "Department" means the department of agriculture and biosecurity. [L 2003, c 49, pt of §1; am L 2025, c 236, §17]

[§147-112] Cooperative agreements and contracts to provide auditing and certification services. The department may enter into cooperative agreements with the United States Department of Agriculture or other agreements and contracts with private parties or other governmental agenc…

[§147-113] Audits and certification; requests necessary. The department may designate any employee or agent of the department to conduct the audits and certification authorized under this part at the request of persons having a financial interest in the business or product. These…

[§147-114] Fees and deposit of moneys. (a) The department shall fix, assess, and collect fees for the audit and certification services provided under this part. The fees shall be as established under cooperative agreement with the United States Department of Agriculture or other …

[§147-115] Certificate as evidence. A certificate issued under this part and all certificates issued under the authority of the Congress of the United States relating to matters covered by this part shall be acceptable in any court of this State as prima facie evidence of the sta…

§147-116 Hawaii good agricultural practices program. (a) There is established the Hawaii good agricultural practices program to be administered by the department of agriculture and biosecurity. The purpose of the program is to develop and support good agricultural practices for H…

[PART IX.] SEED CERTIFICATION [§147-121] Official certifying agency. The department is designated as the official certifying agency for certifying seed concerning genetic purity, identity, quality, and condition for the State. The department may appoint an appropriate agent to do…

§147-122 Definitions. As used in this part, unless the context otherwise requires: "Certifying agency" means: (1) An agency authorized under the laws of a state, territory, or possession of the United States to officially certify seed and which has standards and procedures approv…

[§147-123] Cooperative agreements and contracts to provide agricultural crop certification services. The department may enter into cooperative agreements with the United States Department of Agriculture or other agreements and contracts with private parties or other governmental …

[§147-124] Certification; requests necessary. The department may designate any employee or agent of the department to conduct the inspections and certification authorized under this part at the request of persons having a financial interest in the seed. These inspections and cert…

[§147-125] Rules. The department shall have the necessary powers to carry out and effectuate the purposes of this part, and, subject to chapter 91, may adopt rules with respect to: (1) Standards for grades, genetic purity, identity, quality, and condition of seed; (2) Procedures …

[§147-126] Fees and deposit of moneys. (a) The department shall fix, assess, and collect fees for the inspection and certification services provided under this part. The fees shall be as established under cooperative agreement with the United States Department of Agriculture or o…