Title 26, Trade Regulation And Practice

§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: unless one hundred per cent of the tea or dried leaves were Hawaii-grown. (b) Any nonconsumer package th…

§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…

[§486-123] 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:

[§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: (b) Civil. Any person who performs any one of the acts enumerated in this subsection shall be fined not more than $2,000 fo…

[§486-137] Suspension and revocation of license. The board is authorized to suspend or revoke the license of any public measuremaster:

§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: (b) Civil. Any person who performs any one of the acts enumerated in this subsection shall be fined not more than $2,000 for e…

§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: The board may also institute a civil action in any…

[§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…

§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…

[§486-52.5] Price posting by gallon required. The director shall adopt rules to require any retail dispenser of gasoline, whose variator price is set in liters, for every grade of gasoline sold, to post on top or on the face panel of each gasoline pump and on any other pricing ad…

§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…

[§486-55] General duties and powers. The board may:

§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…